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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 13, 2013 No. 406

About state regulation of rates in the sphere of water supply and water disposal

(as amended on 04-07-2019)

Based on article 4 of the Federal law "About Water Supply and Water Disposal" Government of the Russian Federation decides:

1. Approve enclosed:

Pricing bases in the sphere of water supply and water disposal;

Regulations of rates in the sphere of water supply and water disposal;

Rules of determination of the size of the invested capital in the sphere of water supply and water disposal and procedure for conducting its accounting;

Rules of calculation of rate of return of the invested capital in the sphere of water supply and water disposal.

2. Determine that:

a) to the relations connected with regulation of rates in the sphere of water supply and water disposal, pricing Basis in field of activity of the organizations of municipal complex and the Regulation of rates, allowances and limiting indexes in field of activity of the organizations of municipal complex, approved by the order of the Government of the Russian Federation of July 14, 2008 No. 520 "About bases of pricing and procedure for regulation of rates, allowances and limiting indexes in field of activity of the organizations of municipal complex", are not applied from the date of entry into force of this resolution;

b) transition to regulation of rates using income method of the invested capital which long-term period of regulation begins in 2014 is allowed only for the organizations performing regulated types of activity in the sphere of water supply and water disposal in the cities with the population more than 500 thousand people and the cities which are the administrative centers of subjects of the Russian Federation", except for case, stipulated in Item 2(1) these resolutions;

c) in case of establishment of rates for 2014 and 2015 the method of economically reasonable costs can be applied by regulating authority to the organizations performing regulated types of activity in the sphere of water supply and water disposal regardless of criteria of the choice and cases of application of methods of regulation of the rates provided by the pricing Bases in the sphere of water supply and water disposal approved by this resolution.

2(1). Provisions of the subitem "b" of Item 2 of this resolution are not applied to the regulated organizations owning the centralized systems of hot water supply, cold water supply and (or) water disposal, separate objects of such systems which are in the state-owned or municipal property based on the concessionary agreement or the lease agreement. The choice of method of regulation of rates concerning such organizations is performed according to the pricing Bases in the sphere of water supply and water disposal approved by this resolution.

3. To Federal Tariff Service:

a) till May 25, 2013 to approve in coordination with the Ministry of Economic Development of the Russian Federation and the Ministry of Regional Development of the Russian Federation methodical instructions for calculation of regulated rates in the sphere of water supply and water disposal;

b) in 4-month time:

approve in coordination with the Ministry of Economic Development of the Russian Federation, the Ministry of Regional Development of the Russian Federation and Federal Antimonopoly Service regulations of establishment of regulated rates in the sphere of water supply and water disposal;

approve in coordination with the Ministry of Economic Development of the Russian Federation:

rules of coordination of decisions of executive bodies of subjects of the Russian Federation of state regulation of rates about transition to regulation of rates using income method of the invested capital and about establishment of long-term parameters of regulation of rates for the organizations performing regulated types of activity in the sphere of water supply and water disposal in the cities with the population more than 500 thousand people and the cities which are the administrative centers of subjects of the Russian Federation; the list of the criteria considered by federal executive body in the field of state regulation of rates in case of coordination of the decision of executive body of the subject of the Russian Federation in the field of state regulation of rates about approval by it of rate for services of the organizations performing regulated types of activity in the sphere of water supply and water disposal if the size of the approved rate attracts limiting excess of index of change of rates in the sphere of the water supply and water disposal established by the specified federal executive body;

c) in 6-month time to approve form of provision of information on determination of the base of the invested capital for conducting its accounting sent by the organizations performing regulated types of activity in the sphere of water supply and water disposal to regulating authorities of rates.

4. In 2014 and 2015 the organizations performing regulated types of activity in the sphere of the water supply and water disposal having the right during the period of action of rates no later than October 1 of the current year, but not earlier than the date of entry into force of the limiting (maximum) indexes of change of the amount of the payment for utilities brought by citizens in municipalities approved in accordance with the established procedure to direct to regulating authority the application for transition during such period from method of economically reasonable expenses (costs) for income method of the invested capital, indexation method, and also the offer on establishment (review) during such period of the corresponding rates using one of such methods.

Regulating authorities within 15 working days (45 working days - in case of the choice of income method of the invested capital) from the date of receipt specified statements and offers based on criteria of the choice of methods of regulation of the rates and cases of their application provided by the pricing Bases in the sphere of water supply and water disposal approved by this resolution make the decision on change of method of regulation of rates and the decision on establishment (review) of rates using such method or respectively the decision on refusal in change of method of regulation of rates and the decision on refusal in establishment (review) of rates using the chosen method.

5. The organizations performing regulated types of activity in the sphere of water supply and water disposal till November 1, 2014 have the right to submit the application for the choice of method of economically reasonable expenses (costs) for 2015.

6. To regulating authorities to consider applications, stipulated in Item 5 these resolutions and to make decisions on the choice of method of regulation of rates till December 1, 2014.

Russian Prime Minister

D. Medvedev

 

Approved by the Order of the Government of the Russian Federation of May 13, 2013 No. 406

Pricing bases in the sphere of water supply and water disposal

I. General provisions

1. This document determines system, the principles and methods of regulation by federal executive body in the field of state regulation of rates, executive bodies of subjects of the Russian Federation in the field of state regulation of rates, local government bodies of settlements and city districts (if powers are delegated by the laws of subjects of the Russian Federation to implementation of state regulation of rates to local government bodies of settlements and city districts) rates for goods (works, services) the organizations performing regulated types of activity in the sphere of water supply and water disposal which rates are subject to state regulation according to the Federal Law "About Water Supply and Water Disposal", and also limiting indexes of change of rates in the sphere of water supply and water disposal (further respectively - regulating authorities of rates, the regulated organizations, regulated rates limiting indexes).

2. The following concepts are hereunder used:

"base of the invested capital" - the size of the invested capital determined by regulating authority of rates for the corresponding year of the long-term period of regulation on the basis of which the size of the income of the invested capital in case of establishment of rates using income method of the invested capital is determined;

"basic level of operating expenses" - the level of operating expenses established for the first year of the long-term period of regulation;

"long-term parameters of regulation of rates" - the parameters of calculation of rates set by regulating authority of rates for the long-term period of regulation;

"the long-term period of regulation" - the period lasting not less than 5 annual periods of regulation (at least 3 annual periods of regulation in case of the first application of long-term rates) to which long-term parameters of regulation of rates are set if other is not provided by the Federal Law;

"long-term rates" - the rates in the sphere of water supply and water disposal established on the basis of long-term parameters of regulation of rates;

"invested capital" - the cost of objects of centralized systems of water supply and (or) water disposal accepted by regulating authority of rates for the purposes of tariff regulation with use of income method of the invested capital, determined according to the Rules of determination of the size of the invested capital in the sphere of water supply and water disposal and procedure for conducting its accounting approved by the order of the Government of the Russian Federation of May 13, 2013 No. 406;

"index of efficiency of operating expenses" - the indicator of dynamics of change of the expenses connected with deliveries of the corresponding goods and services, determining decrease in operating expenses;";

"component on cold water" - component of rate for the hot water (hot water supply) pumped with use of the closed hot water supply which size is established in the form of price rate (odnostavochny or two-part) on cold water;

"component on heat energy" - component of rate for the hot water (hot water supply) pumped with use of the closed hot water supply which size is established in the form of price rate (odnostavochny or two-part) on heat energy;

"the half-received income" - the income of the regulated organization which is not received in previous periods of regulation in connection with decrease (for the reasons which are not depending on the regulated organization) amount of the pumped water and (or) the accepted sewage in comparison with the amount of the pumped water and (or) the accepted sewage applied to calculation in case of establishment of rates;

"uncontrollable expenses" - the expenses of the regulated organization connected with production and sales of goods (works, services) in regulated types of activity which size is influenced by the factors which are not depending on activities of the regulated organization and concerning which requirements to their decrease are not established;

"necessary gross revenue" - economically reasonable amount of financial resources necessary during the next period of regulation of the regulated organization for the implementation of regulated type of activity and ensuring achievement of planned measure values of reliability, quality and energy efficiency of objects of centralized systems of water supply and (or) water disposal established for the corresponding period of regulation according to regulatory legal acts of the Russian Federation in the sphere of water supply and water disposal;

"rate of return of the invested capital" - the size reflecting economically reasonable level of profitability of the invested capital;

"operating expenses" - the expenses of the regulated organization connected with implementation of regulated types of activity which size depends on activities of the regulated organization and concerning which measures for their decrease shall be taken by the regulated organization, providing at the same time accomplishment of the production program in full;

"the initial size of the invested capital" - the size of the invested capital established by regulating authorities of rates according to Rules of determination of the size of the invested capital in the sphere of water supply and water disposal and procedure for conducting its accounting, accepted for calculation of the size of necessary gross revenue upon transition to regulation of rates using income method of the invested capital or for the first year of the next long-term period of regulation;

"the regulation period" - the period lasting at least 1 year if other is not provided by the Federal Law "About Water Supply and Water Disposal";

"surface sewage" - the sewage accepted in centralized systems of water disposal to which the rain, thawed, infiltration, watering and drainage sewage which is taken away from surface of the parcels of land belongs;

"the complete size of the invested capital" - the size of the invested capital reflecting all-in cost of the invested capital, accepted for calculation of size of return of the invested capital in case of application of income method of the invested capital;

"settlement entrepreneurial profit of the guaranteeing organization" - the size considered in case of determination of necessary gross revenue of the guaranteeing organization used when calculating rates using method of economically reasonable costs or method of indexation for regulation (for every year of the long-term period of regulation - in case of establishment of rates using indexation method), being at the command the guaranteeing organization and spent by it at discretion;

"economically reasonable expenses which are not considered in case of establishment of regulated rates in previous periods of regulation" - the expenses connected with unplanned increase in prices for products consumed by the regulated organization on implementation of productive activity during previous period of regulation, change of the legislation and also the expenses which are not considered by regulating authority of rates in previous period of regulation of rates, but recognized economically proved by federal executive body in the field of state regulation of rates or court;

The terms "subscriber", "water disposal", "water treatment", "water supply", "guaranteeing organization", "hot water", "investing program", "drinking water", "centralized system of cold (hot) water supply", "production program", "transportation of water (sewage)", "technical water" are applied in the values provided by the Federal Law "About Water Supply and Water Disposal";

"specific current expenses of the regulated organization performing transportation of water and (or) transportation of sewage" - current expenses of the regulated organization on transportation of water and (or) transportation of sewage which amount is determined according to the methodical instructions for calculation of regulated rates in the sphere of water supply and water disposal approved by Federal Antimonopoly Service (further - methodical instructions), for the purposes of determination of the size of necessary gross revenue of the regulated organization by regulating authority in case of establishment of rates for transportation of water and (or) transportation of sewage using method of comparison of analogs;

"specific current expenses of the guaranteeing organization on transportation of water and (or) transportation of sewage" - current expenses of the guaranteeing organization on transportation of water and (or) transportation of sewage which amount is determined according to methodical instructions for the purposes of determination by regulating authority of the size of necessary gross revenue of the regulated organization performing transportation of water and (or) transportation of sewage in zone of activities of the specified guaranteeing organization in case of establishment concerning such regulated organization of rates for transportation of water and (or) transportation of sewage using method of comparison of analogs.

3. Calculation of the size of necessary gross revenue, rates in the sphere of water supply and water disposal, long-term parameters of regulation of rates, differentiation of regulated rates are performed in compliance by methodical instructions.

II. System of regulated rates

4. Regulated rates are a part of the system the following types of rates:

a) in the sphere of cold water supply:

rate for drinking water (drinking water supply);

rate for technical water;

rate for water transportation;

rate for supply of water (in case of the appeal of the local government bodies which made the decision on need of establishment of such rate);

rate for connection (technological accession) to centralized system of cold water supply;

b) in the sphere of hot water supply:

rate for hot water (hot water supply);

rate for transportation of hot water;

rate for connection (technological accession)

to centralized system of hot water supply;

c) in the sphere of water disposal

rate for water disposal;

rate for transportation of sewage;

rate for connection (technological accession)

to centralized system of water disposal.

5. After determination by local government bodies of settlements and city districts of the guaranteeing organization in the sphere of cold water supply the regulating authority of rates since the next period of regulation establishes:

a) for the guaranteeing organization - rates for drinking water (drinking water supply), for technical water and rates for connection (technological accession) to centralized system of cold water supply, and also rates for separate regulated types of activity if the guaranteeing organization renders to subscribers separate types of service, stipulated in Item 4 this documents;

b) for other regulated organizations - rates for transportation of cold water, rates for connection (technological accession) to centralized system of cold water supply, and also rates for drinking water and (or) for technical water if the regulated organization carries out intake (rise) of water and (or) water treatment.

6. After determination by local government bodies of settlements and (or) city districts of the guaranteeing organization in the sphere of water disposal the regulating authority of rates since the next period of regulation establishes:

a) for the guaranteeing organization - rates for water disposal and for connection (technological accession) to centralized system of water disposal, and also rates for separate regulated types of activity if the guaranteeing organization renders to subscribers such separate types of service, stipulated in Item 4 this documents;

b) for other regulated organizations - rates on

transportation of sewage, rates for connection (technological accession) to centralized system of water disposal, and also rates for water disposal if the regulated organization performs sewage treatment and (or) the address with deposit of sewage.

7. Rates for drinking water (drinking water supply), technical water, transportation of cold water, water disposal and transportation of sewage are calculated in the form of straight-line, two-part and mnogostavochny rates according to methodical instructions.

8. Two-part rates are established in the form of the following rates:

a) rate for content of centralized systems of cold water supply or the water disposal or objects which are part of these systems (further - rate of payment for capacity content);

b) rate for amount given with use of the specified systems (objects) of water or the accepted waters respectively.

9. Limiting indexes are established by Federal Antimonopoly Service (further - federal body of regulation of rates) with calendar breakdown. Rates in the sphere of water supply and water disposal (except for rates for connection (technological accession) are established according to the specified limiting indexes with calendar breakdown on half-year on condition of not excess of size of the specified rates excluding tax for value added in the first half of the year of the next annual period of regulation over the size of the corresponding rates excluding tax for value added in the second half of the year of preceding annual period of regulation as of December 31.

10. Rates in the sphere of hot water supply, cold water supply can be established according to methodical instructions differentially taking into account the following parameters:

a) availability of several centralized systems of cold (hot) water supply which are technologically not connected among themselves;

b) amounts of water consumption by subscribers;

c) compliance of quality of drinking water and hot water to the requirements established by sanitary standards and rules.

11. Rates in the sphere of water disposal can be established according to methodical instructions differentially taking into account the following parameters:

a) availability of several centralized systems of water disposal which are technologically not connected among themselves;

b) categories of sewage: liquid household waste; surface sewage;

the economic and household sewage which is taken away by the condominiums, building, housing and other specialized consumer cooperatives, management companies and other persons performing activities for management of apartment houses, inhabitants of individual apartment houses and other subscribers who are taking away mainly the sewage connected with economic and household activities concerning which standard rates of water disposal (dumping) on composition of sewage, standard rates of admissible dumpings of subscribers are not established;

the sewage which is taken away by subscribers for whose objects standard rates of water disposal (dumping) on composition of sewage, standard rates of admissible dumpings of subscribers are established;

the sewage which is taken away by other subscribers.

c) amount of sewage.

III. General provisions on regulation of rates and limiting indexes

12. Regulation of rates is performed by regulating authorities of rates according to the principles of regulation provided by the Federal Law "About Water Supply and Water Disposal", this document, Regulations of rates in the sphere of water supply and water disposal approved by the order of the Government of the Russian Federation of May 13, 2013 No. 406, and also other regulatory legal acts of the Russian Federation in the sphere of water supply and water disposal.

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