FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 27, 2010 No. 190-FZ

About heat supply

Accepted by the State Duma on July 9, 2010

Approved by the Federation Council on July 14, 2010

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law establishes the legal basis of the economic relations arising in connection with production, transfer, consumption of heat energy, thermal power, the heat carrier with use of systems of heat supply, creation, functioning and development of such systems and also determines powers of public authorities, local government bodies by regulation and control in the sphere of heat supply, right and obligation of consumers of heat energy, the heatsupplying organizations, the heatnetwork organizations.

2. The relations connected with the hot water supply performed with use of open systems of heat supply (hot water supply) are regulated by this Federal Law, except for the relations connected with quality assurance and safety of hot water.

3. The provisions of this Federal Law regulating production, transfer, consumption of the heat carrier are applied to the relations connected with production, transfer, consumption of hot water when implementing hot water supply with use of open systems of heat supply (hot water supply) if other is not provided by this Federal Law.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) heat energy - energy resource in case of which consumption thermodynamic parameters of heat carriers change (temperature, pressure);

2) quality of heat supply - set the established regulatory legal acts of the Russian Federation and (or) the agreement of heat supply of characteristics of heat supply, including thermodynamic parameters of the heat carrier;

3) source of heat energy - the device intended for production of heat energy;

4) the heatconsuming installation - the device, held for use heat energy, the heat carrier for needs of the consumer of heat energy;

4. 1) the heat carrier - vapor, water which are used for transfer of heat energy. The heat carrier in the form of water in open systems of heat supply (hot water supply) can be used for heat supply and for hot water supply;

5) thermal network - set of the devices (including central heat distribution stations, pumping points) intended for transfer of heat energy, the heat carrier from sources of heat energy before the heatconsuming installations;

5. 1) heat supply objects - sources of heat energy, thermal networks or their set;

6) thermal power (further - capacity) - amount of heat energy which can be made and transferred on thermal networks for unit of time;

7) thermal loading - amount of heat energy which can be accepted the consumer of heat energy for unit of time;

8) heat supply - providing consumers of heat energy with heat energy, the heat carrier, including capacity maintenance;

9) the consumer of heat energy (further also - the consumer) person acquiring heat energy (capacity), the heat carrier for use on the heatconsuming installations belonging to it on the property right or other legal cause or for rendering utilities regarding hot water supply and heating;

10) investing program of the organization performing regulated types of activity in the sphere of heat supply - the program of actions of the organization performing regulated types of activity in the sphere of heat supply, for construction, reconstruction and (or) upgrade of sources of heat energy and (or) thermal networks for the purpose of development, increase in reliability and energy system effectiveness of heat supply, connection (technological accession) in the heatconsuming installations of consumers of heat energy to system of heat supply. In price zones of heat supply the investing program concerning activities for connection (technological accession) to system of heat supply is not developed and does not affirm;

11) the heatsupplying organization - the organization performing sale to consumers and (or) the heatsupplying organizations of the made or acquired heat energy (capacity), the heat carrier and owning on the property right or other legal cause sources of heat energy and (or) thermal networks in system of heat supply by means of which heat supply of consumers of heat energy is performed (this provision is applied to regulation of the similar relations with participation of individual entrepreneurs);

12) transfer of heat energy, the heat carrier - set organizationally and technologically connected actions providing maintenance of thermal networks in the condition corresponding to the requirements established by technical regulations, rules of technical operation of objects of heat supply and the heatconsuming installations, acceptance, transformation and delivery of heat energy, the heat carrier;

13) commercial accounting of heat energy, the heat carrier (further also - commercial accounting) - establishment of quantity and quality of heat energy, the heat carrier made, transferred or consumed for certain period by means of metering devices of heat energy, the heat carrier (further - metering devices) or settlement way for the purpose of use by the parties when calculating according to agreements;

14) system of heat supply - set of sources of heat energy and the heatconsuming installations which are technologically connected by thermal networks;

15) the mode of consumption of heat energy - process of consumption of heat energy, the heat carrier with respect of heat energy of obligatory characteristics of this process by the consumer according to regulatory legal acts, including technical regulations, and terms of the contract of heat supply;

16) the heatnetwork organization - the organization rendering services in transfer of heat energy (this provision is applied to regulation of the similar relations with participation of individual entrepreneurs) and corresponding to the criteria of reference of owners or other legal owners of thermal networks approved by the Government of the Russian Federation to the heatnetwork organizations;

17) reliability of heat supply - the characteristic of condition of system of heat supply in case of which quality and safety of heat supply are provided;

18) regulated type of activity in the sphere of heat supply - type of activity in the sphere of heat supply when which implementing calculations for goods, services in the sphere of heat supply are performed at the prices (rates) which are subject according to this Federal Law to state regulation namely:

a) realization of heat energy (capacity), the heat carrier except for established by this Federal Law of cases in case of which realization price fixation by agreement of the parties of the agreement is allowed including establishment by agreement of the parties of the agreement of the price of heat energy (capacity) is not higher than limit of the price of heat energy (capacity) delivered to consumers by the single heatsupplying organization in price zones of heat supply;

b) rendering the services in transfer of heat energy, the heat carrier except for established by this Federal Law of cases in case of which price fixation on the specified services by agreement of the parties of the agreement is allowed;

c) rendering the services in maintenance of stand-by thermal power except for established by this Federal Law of cases in case of which price fixation of services by agreement of the parties of the agreement is allowed;

19) regulating authority of rates in the sphere of heat supply (further also - regulating authority) - the federal executive body authorized by the Government of the Russian Federation in the field of state regulation of rates in the sphere of heat supply (further - federal executive body in the field of state regulation of rates in the sphere of heat supply), authorized body of the executive authority of the subject of the Russian Federation in the field of state regulation of the prices (rates) (further - executive body of the subject of the Russian Federation in the field of state regulation of the prices (rates) or local government body in case of investment with appropriate authority with the law of the subject of the Russian Federation, heat supplies performing price regulation (rates) in the sphere;

19. 1) open system of heat supply (hot water supply) technologically connected complex of engineering constructions intended for heat supply and hot water supply by selection of hot water from thermal network;

20) the scheme of heat supply - the document containing preproject materials on reasons for effective and safe functioning of systems of heat supply of the settlement, city district, their development taking into account legal regulation in the field of energy saving and increase in energy efficiency and approved by the legal act which does not have normative nature, the federal executive body authorized by the Government of the Russian Federation on realization of state policy in the sphere of heat supply (further - the federal executive body authorized on realization of state policy in the sphere of heat supply), or local government body;

21) stand-by thermal power - the thermal power of the sources of heat energy and thermal networks necessary for providing thermal loading of the heatconsuming installations which are a part of the system heat supplies, but not consuming heat energy, the heat carrier;

22) fuel and energy balance - the document containing the interconnected indicators of quantitative compliance of deliveries of energy resources to the territory of the subject of the Russian Federation or the municipality and their consumption, establishing distribution of energy resources between systems of heat supply, consumers, customer groups and allowing to determine efficiency of use of energy resources;

23) rates in the sphere of heat supply - system of price rates at which calculations for heat energy (capacity), the heat carrier and for services in transfer of heat energy, the heat carrier are perfromed;

23. 1) price zones of heat supply - settlements, city districts which are determined according to article 23.3 of this Federal Law and in which the prices of heat energy (capacity) delivered by the single heatsupplying organization in system of heat supply to consumers are limited to limit of the price of heat energy (capacity) delivered to consumers by the single heatsupplying organization, except as specified, established by this Federal Law;

23. 2) limit of the price of heat energy (capacity) - the maximum level of the price of heat energy (capacity) delivered by the single heatsupplying organization to consumers in the price zones of heat supply, except as specified, established by this Federal Law established by executive body of the subject of the Russian Federation in the field of state regulation of the prices (rates) according to article 23.6 of this Federal Law;

24) point of accounting of heat energy, the heat carrier (further also - accounting point) - the place in system of heat supply in which by means of metering devices or settlement way the quantity and quality of the made, transferred or consumed heat energy, the heat carrier for the purposes of commercial accounting are established;

25) the combined development of electrical and heat energy - working hours of thermal power plants in case of which production of electrical energy is directly connected with simultaneous production of heat energy;

26) basic operating mode of source of heat energy - operating mode of source of heat energy which is characterized by stability of functioning of the capital equipment (coppers, turbines) and is used for ensuring permanent level of consumption of heat energy, the heat carrier with consumers in case of the maximum energy efficiency of functioning of such source;

27) "peak" operating mode of source of heat energy - operating mode of source of heat energy with variable capacity for ensuring the changing level of consumption of heat energy, the heat carrier with consumers;

28) the single heatsupplying organization in system of heat supply (further - the single heatsupplying organization) - the heatsupplying organization which concerning system (systems) of heat supply is given the status of the single heatsupplying organization in the scheme of heat supply by the federal executive body authorized on realization of state policy in the sphere of heat supply or local government body based on criteria and according to the procedure which are established by the rules of the organization of heat supply approved by the Government of the Russian Federation;

29) free-lance consumption of heat energy - consumption of heat energy, the heat carrier without the conclusion in accordance with the established procedure agreements of heat supply, or consumption of heat energy, the heat carrier with use of the heatconsuming installations connected (technologically attached) to system of heat supply with violation of established procedure of connection (technological accession), or consumption of heat energy, the heat carrier after introduction of restriction of giving of heat energy in the amount exceeding admissible amount of consumption, or consumption of heat energy, the heat carrier after sight of the requirement of the heatsupplying organization or the heatnetwork organization about introduction of restriction of giving of heat energy or the termination of consumption of heat energy if introduction of such restriction or such termination be performed by the consumer;

30) the radius of effective heat supply - the maximum distance from the heatconsuming installation to the closest source of heat energy in system of heat supply in case of which excess connection (technological accession) of the heatconsuming installation to this system of heat supply is inexpedient because of increase in total expenses in system of heat supply;

31) connection fee (technological accession) to system of heat supply - payment which is brought by persons performing construction of the building, the structure, construction connected (technologically attached) to system of heat supply, and also payment which is brought by persons performing reconstruction of the building, structure, construction if this reconstruction involves increase in thermal loading reconstructed buildings, structures constructions (further also - connection fee (technological accession);

32) survivability - capability of sources of heat energy, thermal networks and system of heat supply in general to keep the working capacity in emergencies, and also after long (more than fifty four hours) stops.

33) indicators of reliability and energy efficiency of objects of heat supply - the indicators applied to determination of extent of obligation fulfillment of the concessionary on creation and (or) reconstruction of subject of the concessionary agreement, obligations of the organization performing regulated types of activity in the sphere of heat supply for realization of investing program and also for the purposes of regulation of rates;

34) transition period in price zones of heat supply (further - transition period) - the period which begins from the date of entry into force of the decision on reference of the settlement of the city district to price zone of heat supply accepted according to article 23.3 of this Federal Law and comes to an end in day of entry into force of the decision on approval of limit of the price of heat energy (capacity) made according to article 23.6 of this Federal Law.

Article 3. The general principles of the organization of the relations and basis of state policy in the sphere of heat supply

1. The general principles of the organization of the relations in the sphere of heat supply are:

1) ensuring reliability of heat supply according to requirements of technical regulations;

2) ensuring energy efficiency of heat supply and consumption of heat energy taking into account the requirements established by the Federal Laws;

3) ensuring priority use of the combined development of electrical and heat energy for the organization of heat supply;

4) development of systems of centralized heat supply;

5) respect for balance of economic interests of the heatsupplying organizations and consumer interests;

6) ensuring economically reasonable profitability of the current activities of the heatsupplying organizations and heat supply of the invested capital used when implementing regulated types of activity in the sphere;

7) providing non-discriminatory and stable conditions of implementation of business activity in the sphere of heat supply;

8) providing ecological safety of heat supply;

9) ensuring safe operation of objects of heat supply.

2. State policy in the sphere of heat supply is aimed at ensuring compliance with the general principles of the organization of the relations in the sphere of heat supply established by this Article.

Chapter 2. Powers of public authorities, local government bodies in the sphere of heat supply

Article 4. Powers of the Government of the Russian Federation, federal executive bodies in the sphere of heat supply

1. In the sphere of heat supply treat powers of the Government of the Russian Federation:

1) development of state policy in the sphere of heat supply which is part of the energy strategy of Russia;

2) approval of rules of the organization of heat supply;

3) approval of rules of connection (technological accession) to systems of heat supply, including rules of non-discriminatory access to services in connection (technological accession) to systems of heat supply, and also the standard document forms necessary for connection (technological accession) of capital construction projects to systems of heat supply;

3. 1) approval of rules of commercial accounting of heat energy, heat carrier;

4) approval of rules of coordination and approval of investing programs of the organizations performing regulated types of activity in the sphere of heat supply, and also requirements to structure and contents of such programs (except for such programs approved in accordance with the legislation of the Russian Federation about power industry);

5) approval of standards of disclosure of information by the heatsupplying organizations, the heatnetwork organizations, regulating authorities;

6) approval of bases of pricing in the sphere of heat supply, regulations of the prices (rates) in the sphere of heat supply which shall include terms of hearing of cases about establishment of such rates, the exhaustive list by the represented organizations performing regulated types of activity in the sphere of heat supply, documents, determination of conditions and procedure for decision making about cancellation of regulation of such rates;

6. 1) approval of rules of determination in price zones of heat supply of limit of the price of heat energy (capacity), including rules of indexation of limit of the price of heat energy (capacity), technical and economic parameters of work of the boiler and thermal networks used for calculation of limit of the price of heat energy (capacity);

6. 2) approval of rules of non-discriminatory access to services in transfer of heat energy, heat carrier;

7) approval of procedure for consideration of the disagreements arising between executive bodies of subjects of the Russian Federation in the field of state regulation of the prices (rates), the local government bodies heatsupplying with the organizations and the heatnetwork organizations, consumers of heat energy in case of price fixation (rates) in the sphere of heat supply in case of development, approval and updating of schemes of heat supply;

8) approval of procedure for determination of system of measures for ensuring reliability of systems of heat supply;

8. 1) approval of rules of determination of planned measure values of reliability and energy efficiency of objects of heat supply, rules of calculation of their actual values, and also rules of determination of achievement by the organization performing regulated types of activity in the sphere of heat supply, the specified planned values;

9) approval of procedure for conclusion in repair and from operation of sources of heat energy, thermal networks;

10) ceased to be valid according to the Federal Law of the Russian Federation of 07.12.2011 No. 417-FZ;

11) approval of requirements to schemes of heat supply, to procedure for their development and approval;

12) approval of procedure for establishment of long-term parameters of regulation of organization activity in the Russian Federation carried by the legislation to fields of activity of subjects of natural monopolies to the sphere of heat supply and (or) the prices (rates) in the sphere of heat supply which are subject to regulation according to the list determined in article 8 of this Federal Law;

13) approval of procedure for the conclusion of long-term agreements of heat supply at the prices determined by the agreement of the parties for the purpose of ensuring consumption of heat energy (capacity), the heat carrier with the objects consuming heat energy (capacity), the heat carrier and put into operation after January 1, 2010;

14) approval for the purposes of price regulation (rates) in the sphere of heat supply of rules of cost determination of assets and the invested capital, the rules of conducting their separate accounting applied when implementing the activities regulated with use of income method of the invested capital;

15) approval for the purposes of price regulation (rates) in the sphere of heat supply of rules for apportionment of specific fuel consumption in case of production of electrical and heat energy in the mode of the combined development of electrical and heat energy;

15. 1) establishment of procedure of payments of the amount of compensation to the organizations performing regulated types of activity in the sphere of heat supply, the half-received income from regulated types of activity in the sphere of heat supply at the expense of means of budgets of the budget system of the Russian Federation in connection with adoption by authorized bodies of decisions on change of the established long-term rates in the sphere of heat supply the, and (or) necessary gross revenue of the heatsupplying organizations, the heatnetwork organizations determined according to pricing bases in the sphere of heat supply on the basis of long-term parameters of state regulation of the prices (rates) in the sphere of heat supply, and (or) long-term parameters of state regulation of the prices (rates) in the sphere of heat supply, and also decisions on establishment of long-term rates on the basis of long-term parameters of state regulation of the prices (rates) in the sphere of heat supply the prices (rates), other than the long-term parameters of state regulation, in the sphere of heat supply set by executive body of the subject of the Russian Federation in the field of state regulation of rates or within delegated powers local government body or approved by them in accordance with the legislation of the Russian Federation about concessionary agreements, in the cases of compensation of the half-received income established by this Federal Law;

15. 2) establishment of procedure for investigation of the reasons of emergencies in case of heat supply;

15. 3) decision making about reference of the settlement, city district to price zone of heat supply;

15. 4) establishment of criteria and procedure for reference of owners or other legal owners of thermal networks to the heatnetwork organizations, including proceeding from technical characteristics of the specified thermal networks, quantitative and (or) qualitative indexes of their activities;

15. 5) approval of procedure for determination of cost efficiency of the translation of open systems of heat supply (hot water supply), certain sites of such systems on the closed hot water supply;

16) other powers established by this Federal Law and other Federal Laws.

2. Treat powers of the federal executive body authorized on realization of state policy in the sphere of heat supply:

1) ceased to be valid according to the Federal Law of the Russian Federation from 3030.12.2012 g No. 291-FZ

2) approval of rules of assessment of readiness for the heating period;

3) ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2014 No. 485-FZ

4) establishment of procedure for determination of standard rates of technological losses by transfer of heat energy, the heat carrier, standard rates of specific fuel consumption in case of production of heat energy, standard rates of fuel reserves on sources of heat energy (except for the sources of heat energy functioning in the mode of the combined development of electrical and heat energy), including for the purpose of state regulation of the prices (rates) in the sphere of heat supply;

5) approval of standard rates of specific fuel consumption in case of production of heat energy sources of heat energy in the mode of the combined development of electrical and heat energy with installed capacity of production of electrical energy of 25 megawatts and more (for price zones of heat supply affirm before the end of transition period), and also standard rates of fuel reserves on sources of heat energy, in case of production of electrical and heat energy in the mode of the combined development of electrical and heat energy with installed capacity of production of electrical energy of 25 megawatts and more;

6) approval of standard rates of technological losses by transfer of heat energy, the heat carrier on the thermal networks located in settlements, city districts with population five hundred thousand people and more and also in the federal cities (for price zones of heat supply affirm before the end of transition period);

7) ceased to be valid

8) ceased to be valid

9) ceased to be valid

10) approval of procedure for creation of fuel and energy balances of subjects of the Russian Federation, municipalities;

11) approval of schemes of heat supply of settlements, city districts with population five hundred thousand people and more, and also the federal cities, including assignment of the status of the single heatsupplying organization;

12) consideration of the disagreements arising between the executive bodies of subjects of the Russian Federation, local government bodies heatsupplying with the organizations and the heatnetwork organizations and consumers in case of development, approval and updating of schemes of heat supply.

13) approval of procedure of monitoring of development and approval of schemes of heat supply of settlements, city districts with population less than five hundred thousand people;

14) approval of technique of complex measure definition of technical and economic condition of systems of heat supply (except for the heatconsuming installations of consumers of heat energy, the heat carrier, and also the sources of heat energy functioning in the mode of the combined development of electrical and heat energy), including indicators of physical wear and energy efficiency of objects of heat supply, and procedure of monitoring of such indicators;

15) approval of procedure of control over the implementation of investing programs of the organizations performing regulated types of activity in the sphere of heat supply (except for such programs approved in accordance with the legislation of the Russian Federation about power industry);

16) establishment according to part 4 of article 23.3 of this Federal Law of procedure for preparation of offers on reference or not reference of settlements, city districts to price zones of heat supply, and also preparation and entering of such offers into the Government of the Russian Federation;

17) issue obligatory for execution of the federal cities by executive bodies and local government bodies of instructions about elimination of violations of the requirements to schemes of heat supply, to procedure for their development, approval and updating established in accordance with the legislation of the Russian Federation.

3. The federal executive body in the field of state regulation of rates in the sphere of heat supply realizes the powers provided by part 2 of article 7 of this Federal Law in the field of state regulation of the prices (rates) in the sphere of heat supply taking into account features of legal regulation in the price zones of heat supply established by this Federal Law.

4. Treat powers of federal antimonopoly authority:

1) anti-monopoly regulation and control in the sphere of heat supply;

2) coordination of decisions of executive bodies of subjects of the Russian Federation on cancellation of regulation of rates in the sphere of heat supply and about introduction of regulation of rates in the sphere of heat supply after their cancellation, issue of instructions about cancellation of regulation of rates in the sphere of heat supply.

5. The state control (supervision) of realization of subjects of the Russian Federation by executive bodies, local government bodies of powers in the sphere of heat supply is performed by the federal executive bodies specified in parts 2 - 4 these Articles, according to provisions of the Federal Law of October 6, 1999 No. 184-FZ "About the general principles of the organization of legislative (representative) and executive bodies of the government of subjects of the Russian Federation" and the Federal Law of October 6, 2003 No. 131-FZ "About the general principles of the organization of local self-government in the Russian Federation".

6. The government of the Russian Federation or authorized federal executive body in the field of state regulation of rates in the sphere of heat supply establishes (in cases and according to the procedure which are determined by pricing bases in the sphere of heat supply) limiting (minimum and (or) maximum) the price increasing indexes (rates) considered upon transition to state regulation of the prices (rates) on the basis of long-term parameters of state regulation of the prices (rates) in the sphere of heat supply (upon transition to the new long-term period of regulation). Specified limiting (minimum and (or) maximum) indexes are applied to the prices (rates) calculated for every year of the long-term period of regulation taking into account provisions of part 7.1 of article 29 of this Federal Law according to the procedure, established by pricing bases in the sphere of heat supply, upon transition to price regulation (rates) on the basis of long-term parameters of state regulation of the prices (rates) in the sphere of heat supply (upon transition to the new long-term period of regulation). Specified limiting (minimum and (or) maximum) indexes for the second long-term period of regulation and the subsequent long-term periods of regulation are determined taking into account provisions of part 7.1 of article 29 of this Federal Law and ensuring the return and return on capital invested during the previous long-term period of regulation or the previous long-term periods of regulation according to the decisions on establishment of rates or long-term parameters of state regulation of the prices (rates) accepted by executive body of the subject of the Russian Federation in the field of state regulation of rates or within delegated powers local government body in the sphere of heat supply.

Article 4.1. Federal state energy supervision

1. Federal state energy supervision in the sphere of heat supply is exercised:

1) the federal executive body authorized by the Government of the Russian Federation;

2) on objects (in the organizations), subordinated to federal executive bodies in the sphere of defense, safety, state protection, foreign intelligence, mobilization preparation and mobilization, - divisions of the specified federal executive bodies.

2. In the sphere of heat supply treat subject of federal state energy supervision:

1) observance by the heatsupplying organizations and the heatnetwork organizations of mandatory requirements to safe operation on the objects of heat supply, safety requirements in the sphere of heat supply established by this Federal Law, rules of technical operation of objects of heat supply and the heatconsuming installations, and also rules on labor protection in relation to heat supply objects;

2) observance by the manufacturer, contractor (person performing functions of the foreign manufacturer), the seller of the requirements established by technical regulations or the mandatory requirements which are subject to application about day of entry into force of technical regulations according to the Federal Law of December 27, 2002 No. 184-FZ "About technical regulation".

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