FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 23, 2009 No. 261-FZ

About energy saving and about increase in energy efficiency and about modification of separate legal acts of the Russian Federation

Accepted by the State Duma on November 11, 2009

Approved by the Federation Council on November 18, 2009

Chapter 1. General provisions

Article 1. Subject of regulation and purpose of this Federal Law

1. This Federal Law governs the relations on energy saving and increase in energy efficiency.

2. The purpose of this Federal Law is creation of legal, economic and organizational basis of stimulation of energy saving and increase in energy efficiency.

Article 2. The basic concepts used in this Federal Law

In this Federal Law the following basic concepts are used:

1) energy resource - the energy carrier which energy is used or can be used when implementing economic and other activity, and also energy type (atomic, heat, electrical, electromagnetic energy or other type of energy);

2) secondary energy resource - the energy resource received in the form of production wastes and consumption or by-products as a result of implementation of engineering procedure or use of the equipment which functional purpose is not connected with production of the corresponding type of energy resource;

3) energy saving - realization of the organizational, legal, technical, technology, economic and other measures directed to reduction of amount of the used energy resources when preserving the corresponding useful effect of their use (including amount of the made products, the performed works, the rendered services);

4) energy efficiency - the characteristics reflecting the relation of useful effect of use of energy resources to the costs of energy resources made for the purpose of receipt of such effect in relation to products, engineering procedure, the legal entity, the individual entrepreneur;

5) class of energy efficiency - the product characteristic reflecting its energy efficiency;

6) the household energy-requiring device - products which functional purpose assumes use of energy resources which power consumption does not exceed for electrical energy twenty one kilowatts, for heat energy hundred kilowatts and which use can intend for personal, family, house and similar needs;

7) energy inspection - data collection and processing about use of energy resources for the purpose of receipt of reliable information about amount of the used energy resources, about indicators of energy efficiency, identification of opportunities of energy saving and increase in energy efficiency with reflection of the received results in the energy passport;

8) the power service agreement (contract) - the agreement (contract) which subject is implementation by the contractor of the actions directed to energy saving and increase in energy efficiency of use of energy resources by the customer;

9) the organizations with participation of the state or municipality - legal entities in whose authorized capital the share (contribution) of the Russian Federation, constitutes the subject of the Russian Federation, the municipality more than fifty percent and (or) concerning which the Russian Federation, the subject of the Russian Federation, the municipality have the right directly or indirectly to dispose more than fifty percent of total quantity of the voices falling on voting shares (shares) constituting the authorized capital of such legal entities state or municipal unitary enterprises, the public or local government offices, state-owned companies, the state corporations, and also legal entities, which property or more than fifty percent of shares or share in which authorized capital belong to the state corporations;

10) regulated types of activity - the types of activity performed by the subjects of natural monopolies, the organizations of utility complex, the organizations performing hot water supply, cold water supply and (or) water disposal concerning which price regulation (rates) is in accordance with the legislation of the Russian Federation performed;

11) person responsible for content of the apartment house, - person to who according to the housing legislation obligations on management of the apartment house are assigned;

12) the builder - person recognized by the builder according to the legislation on town-planning activities;

13) the declaration on consumption of energy resources - the document containing information on amount of the energy resources used by public authorities, local government bodies, the public and local government offices and on energy efficiency of the specified bodies and organizations.

Article 3. Legislation on energy saving and on increase in energy efficiency

The legislation on energy saving and on increase in energy efficiency consists of this Federal Law, other Federal Laws adopted according to them other regulatory legal acts of the Russian Federation, and also the laws and other regulatory legal acts of subjects of the Russian Federation, municipal legal acts in the field of energy saving and increase in energy efficiency.

Article 4. The principles of legal regulation in the field of energy saving and increase in energy efficiency

Legal regulation in the field of energy saving and increase in energy efficiency is based on the following principles:

1) effective and rational use of energy resources;

2) support and stimulation of energy saving and increase in energy efficiency;

3) systemacity and complexity of holding actions for energy saving and increase in energy efficiency;

4) planning of energy saving and increase in energy efficiency;

5) use of energy resources taking into account resource, production and technology, ecological and social conditions.

Article 5. Coverage of this Federal Law

1. Operation of this Federal Law extends to the activities connected with use of energy resources.

2. The provisions of this Federal Law established concerning energy resources are applied also to the water pumped, transferred, consumed with use of systems of centralized water supply.

3. The provisions of this Federal Law established to the organizations performing regulated types of activity are applied to the regulated types of activity performed by these organizations.

4. This Federal Law is applied to the relations in the field of defense of the country and safety of the state, defense production, nuclear power engineering, production of the split materials taking into account provisions of the legislation of the Russian Federation in the field of defense, the legislation of the Russian Federation in the field of use of atomic energy.

Chapter 2. Powers of public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies in the field of energy saving and increase in energy efficiency

Article 6. Powers of public authorities of the Russian Federation in the field of energy saving and increase in energy efficiency

In the field of energy saving and increase in energy efficiency treat powers of public authorities of the Russian Federation:

1) forming and implementation of state policy in the field of energy saving and increase in energy efficiency;

2) development and implementation of federal programs in the field of energy saving and increase in energy efficiency;

3) coordination of actions for energy saving and increase in energy efficiency and control of their carrying out by federal budgetary institutions, the federal state unitary enterprises, state-owned companies, the state corporations, and also legal entities whose property or more than fifty percent of shares or share in which authorized capital belong to the state corporations;

4) determination of goods which shall contain information on energy efficiency, and rules of drawing such information;

5) establishment of rules of determination of classes of energy efficiency of goods, apartment houses;

6) determination of requirements of energy efficiency of buildings, structures, constructions;

7) establishment of the principles of determination of the list of obligatory actions for energy saving and increase in energy efficiency concerning common property of owners of rooms in the apartment house;

7. 1) establishment of requirements to carrying out energy inspection, to results of energy inspection (the energy passport and the report on carrying out energy inspection) (further - requirements to carrying out energy inspection and its results);

7. 2) establishment of form of the declaration on consumption of energy resources;

7. 3) establishment of procedure for representation in the federal executive body authorized on creation and ensuring functioning of the state information system in the field of energy saving and increase in energy efficiency, declarations on consumption of energy resources, procedure for processing, systematization, the analysis and use of information containing in energy passports, reports on carrying out energy inspection, declarations on consumption of energy resources;

8) establishment of requirements of energy efficiency of goods, works, services for ensuring the state or municipal needs;

9) ceased to be valid

10) establishment of rules of creation of the state information system of energy saving and increase in energy efficiency and ensuring its functioning;

11) establishment of requirements to regional, municipal programs in the field of energy saving and increase in energy efficiency;

12) establishment of requirements to programs in the field of energy saving and increase in energy efficiency of the organizations performing regulated types of activity if the prices (rates) for goods, services of such organizations are subject to establishment by federal executive bodies, and the reporting on their realization;

12. 1) establishment of requirements to programs in the field of energy saving and increase in energy efficiency of the organizations with participation of the state or municipality;

13) determination of forms and methods of the state support in area of energy saving and increase in energy efficiency and its implementation;

14) ceased to be valid

14. 1) monitoring and efficiency analysis of realization of state policy and normative legal regulation in the field of energy saving and increase in energy efficiency;

14. 2) preparation of the annual state report on condition of energy saving and increase in energy efficiency in the Russian Federation;

15) implementation of other powers in the field of energy saving and the increase in energy efficiency referred by this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation to powers of public authorities of the Russian Federation.

Article 6.1. Transfer of implementation of powers of federal executive bodies in the field of energy saving and increase in energy efficiency to executive bodies of subjects of the Russian Federation

The powers of federal executive bodies in the field of energy saving and increase in energy efficiency provided by this Federal Law can be transferred for implementation to executive bodies of subjects of the Russian Federation by orders of the Government of the Russian Federation according to the procedure, No. 184-FZ established by the Federal Law of October 6, 1999 "About the general principles of the organization of legislative (representative) and executive bodies of the government of subjects of the Russian Federation".

Article 7. Powers of public authorities of subjects of the Russian Federation in the field of energy saving and increase in energy efficiency

1. In the field of energy saving and increase in energy efficiency treat powers of public authorities of subjects of the Russian Federation:

1) carrying out state policy in the field of energy saving and increase in energy efficiency in the territory of appropriate subject of the Russian Federation;

2) development and implementation of regional programs in the field of energy saving and increase in energy efficiency;

3) establishment of requirements to programs in the field of energy saving and increase in energy efficiency of the organizations performing regulated types of activity if the prices (rates) for goods, services of such organizations are subject to establishment of subjects of the Russian Federation by executive bodies;

4) establishment of the list of obligatory actions for energy saving and increase in energy efficiency concerning common property of owners of rooms in the apartment house;

5) information support in the territory of appropriate subject of the Russian Federation of the actions for energy saving and increase in energy efficiency determined as obligatory by the Federal Laws and other regulatory legal acts of the Russian Federation, and also provided by the regional program in the field of energy saving and increase in energy efficiency;

6) coordination of actions for energy saving and increase in energy efficiency and control of their carrying out by budgetary institutions, state unitary enterprises of appropriate subject of the Russian Federation;

7) ceased to be valid

8) implementation of other powers in the field of energy saving and the increase in energy efficiency referred by this Federal Law, other Federal Laws to powers of public authorities of subjects of the Russian Federation.

2. Powers, stipulated in Item 5 parts of 1 this Article, based on the decision of authorized body of the executive authority of the subject of the Russian Federation can be performed subordinated to it state (budget or autonomous) by organization to which activities information support of actions for energy saving and increase in energy efficiency belongs.

Article 8. Powers of local government bodies in the field of energy saving and increase in energy efficiency

In the field of energy saving and increase in energy efficiency treat powers of local government bodies:

1) development and implementation of municipal programs in the field of energy saving and increase in energy efficiency;

2) establishment of requirements to programs in the field of energy saving and increase in energy efficiency of the organizations of utility complex, the price (rates) for goods which services are subject to establishment by local government bodies;

3) information support of the actions for energy saving and increase in energy efficiency determined as obligatory by the Federal Laws and other regulatory legal acts of the Russian Federation, and also provided by the appropriate municipal program in the field of energy saving and increase in energy efficiency;

4) coordination of actions for energy saving and increase in energy efficiency and control of their carrying out by local government offices, municipal unitary enterprises.

5) implementation of other powers in the field of energy saving and the increase in energy efficiency referred by this Federal Law, other Federal Laws to powers of local government bodies.

Chapter 3. State regulation in the field of energy saving and increase in energy efficiency

Article 9. State regulation in the field of energy saving and increase in energy efficiency

State regulation in the field of energy saving and increase in energy efficiency is performed by establishment:

1) requirements to turnover of separate goods which functional purpose assumes use of energy resources;

2) prohibitions or restrictions of production and turnover in the Russian Federation of the goods having low energy performance on condition of availability in turnover or introduction into circulation of goods the, similar on the purpose of use, having outstanding energy performance in the quantity which is meeting the demand consumers;

3) obligations on accounting of the used energy resources;

4) requirements of energy efficiency of buildings, structures, constructions;

5) obligations on submission of the declaration on consumption of energy resources;

6) requirements to carrying out energy inspection and its results;

7) obligations of holding actions for energy saving and increase in energy efficiency concerning common property of owners of rooms in the apartment house;

8) requirements of energy efficiency of goods, works, services for ensuring the state or municipal needs;

9) requirements to regional, municipal programs in the field of energy saving and increase in energy efficiency;

10) requirements to programs in the field of energy saving and increase in energy efficiency of the organizations with participation of the state or municipality and the organizations performing regulated types of activity;

10. 1) requirements to the public and local government offices concerning decrease in consumption of energy resources and water and planning of budgetary appropriations on payment of energy resources and water;

11) bases of functioning of the state information system in the field of energy saving and increase in energy efficiency;

12) obligations of distribution of information in the field of energy saving and increase in energy efficiency;

13) obligations of implementation of information programs and educational programs in the field of energy saving and increase in energy efficiency;

14) procedure for fulfillment of duties, provided by this Federal Law;

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