FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 7, 2011 No. 416-FZ

About water supply and water disposal

Accepted by the State Duma on November 23, 2011

Approved by the Federation Council on November 29, 2011

Chapter 1. General provisions

Article 1. Subject of regulation of this Federal Law

1. This Federal Law governs the relations in the sphere of water supply and water disposal.

2. Water intake from water object and dumping of sewage into water object are regulated by the water legislation.

3. Quality requirements and safety of the water pumped with use of centralized and not centralized systems of hot water supply, cold water supply, including open systems of heat supply (hot water supply) are established by the legislation of the Russian Federation in the field of ensuring sanitary and epidemiologic wellbeing of the population and the legislation on technical regulation (further also - the established requirements).

3.1. Requirements to structure and properties of the sewage dumped in water objects by the organizations performing water disposal are established according to the water legislation, the legislation in the field of environmental protection and the legislation in the field of ensuring sanitary and epidemiologic wellbeing of the population.

4. The relations in the sphere of the hot water supply performed with use of open systems of heat supply (hot water supply) are regulated by the Federal Law of July 27, 2010 N 190-FZ "About heat supply" (further - the Federal Law "About Heat Supply"), except for the relations connected with quality assurance and safety of hot water.

5. With payment of such services, provision of this Federal Law are applied to the relations connected with provision of utilities on the hot water supply cold to water supply, water disposal in the part which is not settled by other Federal Laws.

6. Features of water supply of subjects to defense and safety and water disposal on such objects are established by the Government of the Russian Federation.

Article 2. The basic concepts used in this Federal Law

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

1) the subscriber - the physical or legal entity who concluded or obliged to sign the agreement of hot water supply, cold water supply and (or) the agreement of water disposal, the single agreement of cold water supply and water disposal;

2) water disposal - acceptance, transportation and sewage treatment with use of centralized system of water disposal;

3) water treatment - the water processing providing its use as drinking or technical water;

4) water supply - water treatment, transportation and supply of drinking or technical water to subscribers with use of centralized or not centralized systems of cold water supply (cold water supply) or preparation, transportation and supply of hot water to subscribers with use of centralized or not centralized systems of hot water supply (hot water supply);

5) water supply system - complex of the engineering constructions intended for water transportation, except for the engineering constructions which are technologically connected among themselves used also for the purpose of heat supply;

6) the guaranteeing organization - the organization performing cold water supply and (or) water disposal, determined by the decision of local government body (except as specified, provided by this Federal Law) which shall sign the contract of cold water supply, the agreement of water disposal, the single agreement of cold water supply and water disposal with any person who addressed it whose objects are connected (are technologically attached) to centralized system of cold water supply and (or) water disposal;

7) hot water - the water prepared by heating of drinking or technical water with use of heat energy, and if necessary also by cleaning, chemical preparation and other technological transactions performed with water;

8) investing program of the organization performing hot water supply, cold water supply and (or) water disposal (further also - investing program), - the program of actions for construction, reconstruction and upgrade of objects of centralized system of hot water supply, cold water supply and (or) water disposal;

9) sewer network - complex of the engineering constructions which are technologically connected among themselves intended for transportation of sewage;

10) quality and safety of water (further - quality of water) set of the indicators characterizing physical, chemical, bacteriological, organoleptic and other properties of water, including its temperature;

11) commercial accounting of water and sewage (further also - commercial accounting) - determination of quantity pumped (received) for certain period water, the accepted (taken-away) sewage by means of measuring instruments (further - metering devices) or settlement method;

11. 1) local clearing construction - the construction or the device providing sewage treatment of the subscriber before their assignment (dumping) into centralized system of water disposal (sewerage);

12) not centralized system of hot water supply - construction and the device, including individual thermal Items with which use preparation of hot water is performed by the subscriber independently;

13) not centralized system of cold water supply - the constructions and devices which are technologically not connected with centralized system of cold water supply and intended for general use or use of the limited group of people;

13. 1) standard rates of composition of sewage - the indicators of concentration of pollutants established for the purpose of protection of water objects from pollution as a part of the sewage of the subscriber dumped in centralized system of water disposal (sewerage);

14) object of centralized system of hot water supply, cold water supply and (or) water disposal - the engineering construction which is part of centralized system of hot water supply (including central heat distribution stations), cold water supply and (or) water disposal, directly used for hot water supply, cold water supply and (or) water disposal;

15) the organization performing cold water supply and (or) water disposal (the organization of water and sewer economy), the legal entity performing operation of centralized systems of cold water supply and (or) water disposal, separate objects of such systems. For the purpose of this Federal Law the individual entrepreneurs performing operation of centralized systems of cold water supply and (or) water disposal, separate objects of such systems are equated to the organizations performing cold water supply and (or) water disposal (the organizations of water and sewer economy);

16) the organization performing hot water supply, the legal entity performing operation of centralized system of hot water supply, separate objects of such system. For the purpose of this Federal Law the individual entrepreneurs performing operation of centralized systems of hot water supply, separate objects of such systems are equated to the organizations performing hot water supply;

17) regulating authority of rates in the sphere of water supply and water disposal (further - regulating authority of rates) - authorized executive body of the subject of the Russian Federation in the field of state regulation of rates or in case of transfer of appropriate authority the law of the subject of the Russian Federation the local government body performing regulation of rates in the sphere of water supply and water disposal;

18) drinking water - water, except for bottled drinking water, intended for drink, cooking and other economic domestic needs of the population, and also for production of food products;

18. 1) indicators of reliability, quality, energy efficiency of objects of centralized systems of hot water supply, cold water supply and (or) water disposal (further also - indicators of reliability, quality, energy efficiency) - the indicators applied to control of obligation fulfillment of the concessionary on creation and (or) reconstruction of subjects of the concessionary agreement, realization of investing program, the production program by the organization performing hot water supply, cold water supply and (or) water disposal and also for the purpose of regulation of rates;

Limiting 19) indexes of change of rates in the sphere of water supply and water disposal (further - limiting indexes) - indexes as much as possible and (or) minimum possible change of applicable fares on the drinking water and water disposal established on average on subjects of the Russian Federation for year if other is not established by other Federal Laws or the decision of the Government of the Russian Federation, and expressed as a percentage. The specified limiting indexes are established and applied till January 1, 2016;

20) preparation of hot water - water heating, and also if necessary cleaning, chemical preparation and other engineering procedures performed with water;

21) the production program of the organization performing hot water supply, cold water supply and (or) water disposal (further - the production program), - the program of the current (operational) activities of such organization for implementation of hot water supply, cold water supply and (or) water disposal, regulated types of activity in the sphere of water supply and (or) water disposal;

22) structure and properties of sewage - set of the indicators characterizing physical, chemical, bacteriological and other properties of sewage, including concentration of pollutants, other substances and microorganisms in sewage;

23) sewage of centralized system of water disposal (further - sewage) - accepted from subscribers in centralized systems of water disposal of water, and also rain, thawed, infiltration, watering, drainage snow if the centralized system of water disposal is intended for acceptance of such waters;

24) technical water - the water pumped with use of centralized or not centralized system of water supply, which is not intended for drink, cooking and other economic domestic needs of the population or for production of food products;

25) technical inspection of centralized systems of hot water supply, cold water supply and (or) water disposal - assessment of technical characteristics of objects of centralized systems of hot water supply, cold water supply and (or) water disposal;

25. 1) the transit organization - the organization performing operation of water supply and (or) sewer systems and (or) constructions on them, rendering transportation services of water and (or) sewage and corresponding to the criteria of reference of owners or other legal owners of water supply and (or) sewer systems and (or) constructions approved by the Government of the Russian Federation on them to the transit organizations (this provision is applied to regulation of the similar relations with participation of individual entrepreneurs);

26) transportation of water (sewage) - the movement of water (sewage) performed with use of water supply (sewer) systems;

27) centralized system of hot water supply - complex of the engineering constructions which are technologically connected among themselves intended for hot water supply by selection of hot water from thermal network (further - open system of heat supply (hot water supply) or from networks of hot water supply or by heating of water without selection of hot water from thermal network with use of the central heat distribution station (further - the closed hot water supply);

28) centralized system of water disposal (sewerage) - complex of the engineering constructions which are technologically connected among themselves intended for water disposal;

28. 1) centralized system of water disposal of the settlement, municipal district or city district - complex of the engineering constructions which are technologically connected among themselves intended for water disposal from the territory, the municipal district or the city district;

29) centralized system of cold water supply - complex of the engineering constructions which are technologically connected among themselves intended for water treatment, transportation and supply of drinking and (or) technical water to subscribers.

Article 3. The purposes and the principles of state policy in the sphere of water supply and water disposal

1. State policy in the sphere of water supply and water disposal is directed to achievement of the following purposes:

1) public health cares and improvements of quality of life of the population by ensuring regular and high-quality water supply and water disposal;

2) increases in energy efficiency by economical water consumption;

3) decrease in negative impact on water objects by improvement of quality of sewage treatment;

4) ensuring availability of water supply and water disposal for the subscribers due to increase in efficiency of organization activity performing hot water supply, cold water supply and (or) water disposal;

5) ensuring development of centralized systems of hot water supply, cold water supply and water disposal by development of the effective forms of government by these systems, investment attraction and development of personnel capacity of the organizations performing hot water supply, cold water supply and (or) water disposal.

2. The general principles of state policy in the sphere of water supply and water disposal are:

1) priority of providing population with drinking water, hot water and services in water disposal;

2) creation of conditions for investment attraction to the sphere of water supply and water disposal, providing guarantees of return of private investments;

3) ensuring technological and organizational unity and integrity of centralized systems of hot water supply, cold water supply and (or) water disposal;

4) achievement and respect for balance of economic interests of the organizations performing hot water supply, cold water supply and (or) water disposal, and their subscribers;

5) establishment of rates in the sphere of water supply and water disposal proceeding from economically reasonable expenses of the organizations performing hot water supply, cold water supply and (or) water disposal necessary for implementation of water supply and (or) water disposal;

6) providing stable and non-discriminatory conditions for implementation of business activity in the sphere of water supply and water disposal;

7) providing equal conditions of access for subscribers to water supply and water disposal;

8) openness of organization activity, performing hot water supply, cold water supply and (or) water disposal, the public authorities of the Russian Federation, public authorities of subjects of the Russian Federation and local government bodies performing regulation in the sphere of water supply and water disposal.

Chapter 2. Powers of the Government of the Russian Federation, federal executive bodies, executive bodies of subjects of the Russian Federation and local government bodies in the sphere of water supply and water disposal

Article 4. Powers of the Government of the Russian Federation and federal executive bodies in the sphere of water supply and water disposal

1. In the sphere of water supply and water disposal treat powers of the Government of the Russian Federation:

1) approval of rules of cold water supply and water disposal, the standard agreement of cold water supply, the standard agreement of water disposal, the standard single agreement of cold water supply and water disposal, the standard agreement on transportation of cold water, the standard agreement on transportation of sewage, the standard agreement about connection to centralized systems of cold water supply and the standard agreement about connection (technological accession) to centralized systems of water disposal;

2) approval of rules of hot water supply, the standard agreement of hot water supply, the standard agreement on transportation of hot water, the standard agreement about connection (technological accession) to centralized systems of hot water supply;

2. 1) approval of rules of the organization of commercial accounting of water, sewage;

2. 2) approval of procedure for development and approval of schemes of water supply and water disposal, requirements to their content;

3) approval of procedure of production supervision of quality of drinking water, quality of hot water;

4) approval of procedure of control of structure and properties of sewage;

5) approval of bases of pricing in the sphere of water supply and water disposal;

6) approval of regulations of rates in the sphere of water supply and water disposal;

7) approval of rules of determination of the size of the invested capital in the sphere of water supply and water disposal and rules of accounting of the invested capital;

8) approval of rules of calculation of rate of return of the invested capital;

9) approval of standards of disclosure of information in the sphere of water supply and water disposal;

10) ceased to be valid according to the Federal Law of the Russian Federation of 14.10.2014 No. 307-FZ

11) approval of procedure for development, approval and adjustment of investing programs of the organizations performing hot water supply, cold water supply and (or) water disposal, requirements to content of such investing programs, procedure for consideration of disagreements in case of approval of such investing programs and procedure of control of their accomplishment;

12) approval of procedure for development, approval and adjustment of production programs of the organizations performing hot water supply, cold water supply and (or) water disposal, requirements to contents of such production programs, procedure for consideration of disagreements in case of approval of such production programs and procedure of control of their accomplishment;

13) ceased to be valid according to the Federal Law of the Russian Federation of 14.10.2014 No. 307-FZ

14) approval of rules of reference of centralized systems of water disposal (sewerage) to centralized systems of water disposal of settlements or city districts;

15) approval of rules of cancellation of the decisions of regulating authorities of rates made with violation of the law of the Russian Federation;

16) ceased to be valid according to the Federal Law of the Russian Federation of 30.12.2012 No. 291-FZ

17) approval of procedure and terms of consideration of the disagreements arising between the regulating authorities of rates and the organizations performing hot water supply, cold water supply and (or) water disposal concerning the established sizes of rates;

18) approval of procedure and terms of consideration in pre-judicial procedure for the disputes arising between the regulating authorities of rates, the organizations performing hot water supply, cold water supply and (or) water disposal and subscribers in case of establishment and (or) application of rates in the sphere of water supply and water disposal;

18. 1) establishment of procedure of payments of the amount of compensation to the organizations performing regulated types of activity in the sphere of water supply and (or) water disposal, the half-received income connected with implementation of regulated types of activity in the sphere of water supply and (or) water disposal 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 rates calculated on the basis of long-term parameters of regulation of rates, and (or) necessary gross revenue of the organizations performing regulated types of activity in the sphere of water supply and (or) water disposal which is determined according to pricing bases in the sphere of water supply and water disposal on the basis of long-term parameters of regulation of rates, and (or) long-term parameters of regulation of rates in the sphere of water supply and water disposal and also decisions on establishment of rates on the basis of the long-term parameters of regulation of the rates other than long-term parameters of regulation of the rates set by executive body of the subject of the Russian Federation in the field of 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;

19) other powers provided by this Federal Law and other Federal Laws.

2. Treat powers of the federal executive body performing functions on development of state policy and normative legal regulation in the sphere of housing and communal services:

1) ceased to be valid according to the Federal Law of the Russian Federation of 30.12.2012 No. 291-FZ

2) ceased to be valid according to the Federal Law of the Russian Federation of 30.12.2012 No. 291-FZ

3) approval of the list of indicators of reliability, quality, energy efficiency of objects of centralized systems of hot water supply, cold water supply and (or) water disposal, procedure and rules of determination of their planned values and actual values;

4) approval of requirements to carrying out technical inspection of centralized systems of hot water supply, cold water supply and water disposal, including measure definition of technical and economic condition of water supply systems and water disposal, including indicators of physical wear and energy efficiency of objects of centralized systems of hot water supply, cold water supply and (or) water disposal, objects of not centralized systems of cold and hot water supply, and procedure of monitoring of such indicators;

5) approval of procedure for maintaining the separate activity-based cost accounting of the organizations performing hot water supply, cold water supply and (or) water disposal and single system of classification of such costs;

6) approval of procedure of monitoring of development and approval of schemes of water supply and water disposal;

7) approval of procedure for establishment of standard rates of losses of hot, drinking, technical water in centralized systems of water supply in case of its production and transportation.

3. In the field of state regulation of rates treat powers of federal executive body:

1) establishment, limiting change of indexes on average on subjects of the Russian Federation;

2) creation of federal information system for the purpose of ensuring access to information on rates in the sphere of water supply and water disposal, standard rates of consumption of utilities on the hot water supply cold to water supply, water disposal and ensuring its operation;

3) determination for the purpose of creation and operation of this part of the federal information system of the list of types of information provided without fail, conditions of its provision specified in Item 2;

4) consideration of the disagreements arising between the regulating authorities of rates and the organizations performing hot water supply, cold water supply and (or) water disposal concerning the established rates;

5) implementation of federal state control (supervision) in the field of regulation of rates in the sphere of water supply and water disposal;

6) approval of forms of provision by the organizations performing hot water supply, cold water supply and (or) water disposal, regulating authorities of rates of information which is subject to disclosure according to this Federal Law, rules of filling of these forms;

7) ceased to be valid according to the Federal Law of the Russian Federation of 14.10.2014 No. 307-FZ

8) cancellation of decisions of executive bodies of subjects of the Russian Federation in the field of state regulation of rates about approval of the rates to the organizations performing hot water supply, cold water supply and (or) water disposal accepted by them with violation of the law of the Russian Federation;

9) coordination of decisions of regulating authorities of rates in the cases established by the Government of the Russian Federation, according to the procedure, established by federal executive body in the field of state regulation of rates;

10) consideration in pre-judicial procedure for the disputes arising between the regulating authorities of rates, the organizations performing hot water supply, cold water supply and (or) water disposal and subscribers in case of establishment and (or) application of rates in the sphere of water supply and water disposal.

4. Federal executive bodies perform other powers in the sphere of water supply and water disposal, including publish the regulatory legal acts governing the relations in the sphere of water supply and water disposal, in cases and limits which are provided by this Federal Law, other Federal Laws, regulatory legal acts of the Government of the Russian Federation.

5. Federal executive bodies within their powers have the right to request from the organizations performing hot water supply, cold water supply and (or) water disposal, federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies information necessary for implementation of the powers established by this Federal Law, other Federal Laws, regulatory legal acts of the Government of the Russian Federation, and the specified bodies and the organizations shall provide required information.

6. The government of the Russian Federation or authorized federal executive body in the field of state regulation of rates establishes (in cases and according to the procedure which are determined by pricing bases in the sphere of water supply and water disposal) limiting (minimum and (or) maximum) the price increasing indexes (rates) considered upon transition to price regulation (rates) on the basis of long-term parameters of regulation of rates (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 according to the procedure, established by pricing bases in the sphere of water supply and water disposal, upon transition to price regulation (rates) on the basis of long-term parameters of regulation of rates (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 ensuring the return and return on capital invested during the previous long-term period of regulation (the previous long-term periods of regulation) according to the decisions on establishment of rates or long-term parameters of regulation of 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.

Article 5. Powers of executive bodies of subjects of the Russian Federation in the sphere of water supply and water disposal

1. In the sphere of water supply and water disposal treat powers of executive bodies of subjects of the Russian Federation:

1) establishment of rates in the sphere of water supply and water disposal;

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