261 Federal Law, Article 13, Clause 5. On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation. Organization of energy consumption accounting. Payment procedure for consumed energy

The adoption of amendments to the fundamental document for the industry - Federal Law No. 261-FZ “On energy saving and increasing energy efficiency...” was discussed a lot and was expected for a long time, often with concern.

Finally, the corresponding Federal Law introducing these changes was signed and published - No. 399-FZ of December 28, 2013. In general, it brings a certain logic to the policy of increasing energy efficiency pursued at the federal level and reflects the intentions to adjust it, repeatedly expressed in the fall of 2013 by representatives of the Russian Ministry of Energy. On the other hand, many sound proposals expressed by the professional community and favorably received by the authorized body were not reflected in it.

There is more order. For example, the object of an energy inspection can now be not only a product, technological process, legal entity or individual entrepreneur, but also buildings, structures, structures, energy-consuming equipment, electric power facilities, thermal energy sources, heating networks, centralized heat supply systems, centralized cold water supply systems and (or) drainage, other objects of the municipal infrastructure system.

In general, the intellectual component of the activities of energy auditors is increasing. Thus, now the mandatory result of an energy audit is not only an energy passport, but, first of all, an energy audit report, the requirements for which will be developed by the Russian Ministry of Energy. The list of activities that an energy auditor must develop based on the results of an energy audit is no longer limited to standard and publicly available activities. In addition, there is a need to make their cost assessment. Instead of the previously existing threshold for an object to be included in the list for which energy inspection is mandatory (annual costs for fuel and energy resources in the amount of 10 million rubles), the value of the volume of fuel and energy resources consumption, specially approved by the authorized body, will now apply. In addition, for all categories of objects for which mandatory energy inspections are provided, an additional gradation is now being introduced - if, based on the results of the year preceding the year of energy inspection, the total costs of the object for fuel and energy resources do not exceed the amount established by the authorized body of the Government, it has the right not to conduct energy survey, and limit it to submitting information on energy saving and increasing energy efficiency to the federal executive body.

The self-regulatory organization now receives from the energy auditor both an energy passport and a report on the energy survey, and checks for compliance with the requirements for conducting an energy survey, its results, as well as for compliance with the standards and rules of the SRO within the period established by law - 30 days. The financial liability of self-regulatory organizations increases: from the moment when the SRO puts a mark on the energy passport indicating that the results of the energy inspection comply with all established requirements, including the standards and rules of the SRO itself, the energy audit company and the self-regulatory organization bear joint liability to the customer of the energy inspection for possible losses caused as a result its shortcomings.

At the same time, the value of the compensation fund of the SRO should increase from October 2014 to at least 2 million rubles (as of 01/01/2014, the value of the compensation fund of the SRO NP "Union "Energy Efficiency" is 2,079,001.45 rub.). Requirements have also been added to the openness of self-regulatory organizations and the public posting of information about their activities.

RUSSIAN FEDERATION THE FEDERAL LAW ABOUT ENERGY SAVING AND INCREASING ENERGY ENERGY EFFICIENCY AND ABOUT IMPLEMENTING CHANGES IN INDIVIDUAL LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION (as amended by Federal Laws dated 05/08/2010 N 83-FZ, dated July 27, 2010 N 191-FZ, dated July 27, 2010 N 237-FZ, dated July 11, 2011 N 197-FZ, dated July 11, 2011 N 200-FZ, dated July 18, 2011 N 242-FZ, dated December 3, 2011 N 383-FZ, dated 06.12.2011 N 402-FZ, dated 07.12.2011 N 417-FZ, dated 12.12.2011 N 426-FZ, dated 25.06.2012 N 93-FZ, dated July 10, 2012 N 109-FZ, dated December 25, 2012 N 270-FZ, dated 04/05/2013 N 44-FZ, dated 06/07/2013 N 113-FZ, dated July 2, 2013 N 185-FZ, dated December 28, 2013 N 396-FZ, dated December 28, 2013 N 399-FZ, dated December 28, 2013 N 401-FZ)

EDITION OF THE LAW DATED 28.12.2013 (Articles that have been amended or presented in a new edition have been saved.) TEXT OF PREVIOUS EDITION CHANGES EFFECTIVE FROM 01.10.2014 Chapter 2. POWERS OF STATE AUTHORITIES OF THE RUSSIAN FEDERATION, GOVERNMENT BODIES OF THE SUBJECTS OF THE RUSSIAN FEDERATION, LOCAL GOVERNMENT BODIES IN THE FIELD OF ENERGY SAVING AND INCREASING ENERGY EFFICIENCY Article 6. Powers of government bodies of the Russian Federation in the field of energy saving and increasing energy efficiency 7.1) establishing requirements for conducting an energy survey, the results of an energy survey (energy passport and report on the energy survey) (hereinafter referred to as the requirements for conducting an energy survey and its results); (clause 7.1 introduced by Federal Law dated December 28, 2013 N 399-FZ) 8) establishing requirements for the energy efficiency of goods, works, services to meet state or municipal needs; 8) establishing requirements for the energy efficiency of goods, works, services, orders for which are placed for state or municipal needs; 12) establishing requirements for programs in the field of energy saving and increasing energy efficiency of organizations carrying out regulated types of activities, if prices (tariffs) for goods and services of such organizations are subject to establishment by federal executive authorities, and reporting on their implementation; (as edited by the Federal law dated December 28, 2013 N 399-FZ) 12) establishing requirements for programs in the field of energy saving and increasing energy efficiency of organizations engaged in regulated activities, if prices (tariffs) for goods and services of such organizations are subject to establishment by federal executive authorities; 14.1) monitoring and analysis of the effectiveness of the implementation of state policy and legal regulation in the field of energy saving and increasing energy efficiency; (Clause 14.1 was introduced by the Federal by law dated December 28, 2013 N 399-FZ) 14.2) preparation of an annual state report on the state of energy saving and increasing energy efficiency in the Russian Federation; (Clause 14.2 was introduced by the Federal by law dated December 28, 2013 N 399-FZ) Article 8. Powers of local governments in the field of energy saving and increasing energy efficiency The powers of local governments in the field of energy saving and increasing energy efficiency include: 5) exercise of other powers in the field of energy saving and increasing energy efficiency, assigned by this Federal Law and other federal laws to the powers of local government bodies. (Clause 5 introduced by Federal Law dated December 28, 2013 N 399-FZ) Chapter 3. STATE REGULATION IN THE FIELD OF ENERGY SAVING AND INCREASING ENERGY EFFICIENCY Article 9. State regulation in the field of energy saving and increasing energy efficiency State regulation in the field of energy saving and increasing energy efficiency is carried out by establishing: 6) requirements for conducting an energy survey and its results; (Clause 6 as amended by the Federallawdated December 28, 2013 N 399-FZ) 6) requirements for an energy passport; Article 14. Increasing the energy efficiency of the economy of the constituent entities of the Russian Federation and the economy of municipalities 2. Regional and municipal programs in the field of energy saving and increasing energy efficiency must comply with the requirements for such programs established in accordance with this article and the requirements for them approved by the Government of the Russian Federation. The requirements for regional and municipal programs in the field of energy saving and increasing energy efficiency approved by the Government of the Russian Federation must include target indicators in the field of energy saving and increasing energy efficiency (without indicating their values). 2. Regional and municipal programs in the field of energy saving and increasing energy efficiency must comply with the requirements for such programs established in accordance with this article and the requirements for them approved by the Government of the Russian Federation. The requirements for regional and municipal programs in the field of energy saving and increasing energy efficiency approved by the Government of the Russian Federation must include target indicators in the field of energy saving and increasing energy efficiency (without indicating their values), as well as a list of measures for energy saving and increasing energy efficiency that are subject to inclusion in such programs and the implementation of which is possible using extra-budgetary funds, also received using regulated prices (tariffs), and the timing of these activities. 4. The values ​​of target indicators in the field of energy saving and increasing energy efficiency should reflect: …5) increasing the number of facilities using secondary energy resources and (or) renewable energy sources as energy sources; (as amended by Federal Law dated December 28, 2013 N 399-FZ) 5) an increase in the number of cases of using objects with high energy efficiency, objects belonging to objects with a high energy efficiency class, and (or) objects using secondary energy resources and (or) renewable energy sources as energy sources; 7) reduction of budget expenditures for the provision of energy resources to state institutions of the constituent entities of the Russian Federation, municipal institutions, government bodies of the constituent entities of the Russian Federation, local governments, as well as budget expenditures for the provision of subsidies to organizations of the public utility complex for the purchase of fuel, subsidies to citizens for payment of utility bills services taking into account changes in the volume of energy resource use in these areas; (as amended by Federal Law dated December 28, 2013 N 399-FZ) 7) reducing budget expenditures for the provision of energy resources to state institutions, municipal institutions, state authorities, local governments, as well as budget expenditures for providing subsidies to public utility organizations for the purchase of fuel, subsidies to citizens for paying for utility services, taking into account changes in the volume of use energy resources in these areas; 8.1) information support for the activities specified in paragraphs 1 - 8 and 9 of this part, including informing consumers of energy resources about these activities and about methods of energy saving and increasing energy efficiency; (clause 8.1 introduced by Federal Law dated December 28, 2013 N 399-FZ) Chapter 4. ENERGY SURVEY. SELF-REGULATORY ORGANIZATIONS IN THE FIELD OF ENERGY INSPECTION Article 15. Energy survey 1. An energy inspection can be carried out in relation to buildings, structures, structures, energy-consuming equipment, electric power facilities, thermal energy sources, heating networks, centralized heat supply systems, centralized cold water supply and (or) sewerage systems, other objects of the communal infrastructure system, technological processes, as well as in relation to legal entities and individual entrepreneurs. (Part 1 as amended by Federal Law dated December 28, 2013 N 399-FZ) 1. An energy audit can be carried out in relation to products, technological processes, as well as legal entities and individual entrepreneurs. 2. The main goals of the energy survey are: 4) development of a list of measures to save energy and increase energy efficiency and conduct their cost assessment. (as amended by Federal Law dated December 28, 2013 N 399-FZ 3. Lost power. - Federal Law of December 28, 2013 N 399-FZ) 4) development of a list of standard, publicly available measures for energy saving and increasing energy efficiency and conducting their cost assessment. . 5.1. The federal executive body for conducting energy surveys establishes the requirements for conducting an energy survey and its results, as well as the rules for sending a copy of the energy passport drawn up based on the results of the mandatory energy survey to this federal executive body. 5.2. The person conducting the energy audit is obliged to comply with the requirements for conducting the energy audit and its results, the standards and rules of the self-regulatory organization in the field of energy audit, of which he is a member; 5.3. The person who conducted the energy audit draws up an energy passport and a report on the energy audit and submits them to the self-regulatory organization in the field of energy audit, of which he is a member, to verify compliance with the requirements for the energy audit and its results, the standards and rules of the self-regulatory organization in the field Energy Survey, of which it is a member. Within thirty days from the date of receipt of the report on the energy audit and the energy passport, such a self-regulatory organization in the field of energy audit is obliged to transfer these documents with a note in the energy passport about the compliance of the results of the energy audit with the requirements for conducting an energy audit and its results, the specified standards and rules to the person who carried out the energy survey, after which he transfers these results of the energy survey to the person who ordered the energy survey. If, as a result of the inspection, it is revealed that the results of the energy survey do not comply with the requirements for conducting an energy survey and its results, the specified standards and rules, the energy passport and the report on the energy survey are returned to the person who conducted the energy survey within thirty days from the date of their receipt by the self-regulatory organization in the field of energy survey energy audit to eliminate identified non-compliance. 5.4. From the moment a self-regulatory organization in the field of energy audit puts a mark in the energy passport on the compliance of the results of the energy audit with the requirements for conducting an energy audit and its results, standards and rules of such a self-regulatory organization, the person who conducted the energy audit and the self-regulatory organization in the field of energy audit, of which he is a member is jointly and severally liable to the person who ordered the energy survey for losses caused as a result of deficiencies in the energy survey services provided. 6. An energy passport drawn up based on the results of an energy inspection of an apartment building is subject to transfer by the person who compiled it, to the owners of the premises in the apartment building or to the person responsible for the maintenance of the apartment building. (as amended by Federal Law dated December 28, 2013 N 399-FZ) 6. Based on the results of the energy survey, the person conducting it draws up an energy passport and transfers it to the person who ordered the energy survey. A passport drawn up based on the results of an energy inspection of an apartment building must be handed over by the person who compiled it to the owners of the premises in the apartment building or to the person responsible for the maintenance of the apartment building. 7. An energy passport drawn up based on the results of an energy survey must contain information: 6) on the list of measures to save energy and increase energy efficiency and their cost assessment. (as amended by Federal Law dated December 28, 2013 N 399-FZ) 6) on the list of typical measures for energy saving and increasing energy efficiency. Article 16. Mandatory energy audit 1. Conducting an energy inspection is mandatory, except for the case provided for in part 1.1 of this article, for the following persons: (as amended by Federal Law dated December 28, 2013 N 399-FZ) 5) organizations whose total costs for the consumption of natural gas, diesel and other fuel (except for motor fuel), fuel oil, thermal energy, coal, electric energy exceed the volume of corresponding energy resources in value terms established by the Government of the Russian Federation for the calendar year preceding the last year before the expiration of the subsequent mandatory energy inspection specified in part 2 of this article; (as amended by Federal Law dated December 28, 2013 N 399-FZ) 1. Conducting an energy audit is mandatory for the following persons: 5) organizations whose total costs for the consumption of natural gas, diesel and other fuels, fuel oil, thermal energy, coal, and electrical energy exceed ten million rubles per calendar year; 6) organizations carrying out activities in the field of energy saving and increasing energy efficiency, financed in whole or in part by subsidies from the federal budget, budgets of constituent entities of the Russian Federation, local budgets. (as amended by Federal Law dated December 28, 2013 N 399-FZ) 6) organizations carrying out activities in the field of energy saving and increasing energy efficiency, financed in whole or in part from the federal budget, budgets of constituent entities of the Russian Federation, local budgets. 1.1. If the total costs of persons specified in paragraphs 1 - 4 and 6 of part 1 of this article for the consumption of natural gas, fuel oil, thermal energy, coal, electrical energy, with the exception of motor fuel, do not exceed the volume of corresponding energy resources in value terms established by the Government of the Russian Federation, for the calendar year preceding the last year before the expiration of the period for conducting a subsequent mandatory energy inspection, provided for in Part 2 of this article, these persons, instead of conducting a mandatory energy inspection, have the right to submit information during the last year before the expiration of the period for conducting a subsequent mandatory energy inspection on energy saving and on increasing energy efficiency in relation to these persons to the authorized federal executive body for conducting energy surveys. These persons are required to organize and conduct an energy survey within two years after the end of the calendar year in which their total costs for the consumption of natural gas, fuel oil, thermal energy, coal, electrical energy, with the exception of motor fuel, exceeded the volume of corresponding energy resources in value terms , established by the Government of the Russian Federation. Subsequent mandatory energy inspections are carried out by these persons in accordance with Part 2 of this article. 1.2. Submission of information on energy saving and on increasing energy efficiency to the authorized federal executive body for conducting energy surveys in the cases provided for in Part 1.1 of this article is carried out in accordance with the procedure established by the authorized federal executive body for conducting energy surveys. 2. The persons specified in part 1 of this article are obliged to organize and conduct the first energy survey during the period from the date of entry into force of this Federal Law until December 31, 2012, subsequent energy surveys - at least once every five years. Article 17. Collection and analysis of energy passport data compiled based on the results of energy surveys 1. The authorized federal executive body for energy surveys collects, processes, systematizes, analyzes, and uses energy passport data compiled based on the results of mandatory energy surveys, as well as energy passport data compiled based on the results of voluntary energy surveys, in accordance with the requirements , determined by the Government of the Russian Federation. (as amended by Federal Law dated December 28, 2013 N 399-FZ) 1. The authorized federal executive body collects, processes, systematizes, analyzes, and uses energy passport data compiled based on the results of mandatory energy surveys, as well as energy passport data compiled based on the results of voluntary energy surveys, in accordance with the requirements determined by the Government of the Russian Federation . 2. Each self-regulatory organization in the field of energy inspection is obliged to send, once every three months, copies of energy passports certified by it, drawn up by members of such a self-regulatory organization based on the results of mandatory energy inspections carried out by them during the specified period, to the authorized federal executive body for energy inspections. (as amended by Federal Law dated December 28, 2013 N 399-FZ) 2. Each self-regulatory organization in the field of energy inspection is obliged to send, once every three months, certified copies of energy passports drawn up by members of such a self-regulatory organization based on the results of mandatory energy inspections carried out by them during the specified period, to the authorized federal executive body. 3. The authorized federal executive body for energy surveys has the right to request and receive from self-regulatory organizations in the field of energy surveys data on energy surveys conducted on a voluntary basis, as well as data on energy passports compiled based on the results of such surveys in accordance with the list of information specified in Part 7 of Article 15 of this Federal Law, taking into account the requirements of the legislation of the Russian Federation on trade secrets. (as amended by Federal Law dated December 28, 2013 N 399-FZ) 3. The authorized federal executive body has the right to request and receive from self-regulatory organizations in the field of energy inspections data on voluntary energy inspections, as well as data from energy passports compiled based on the results of such inspections in accordance with the list of information specified in Part 7 of Article 15 of this Federal Law, taking into account the requirements of the legislation of the Russian Federation on trade secrets. 4. The authorized federal executive body for energy inspections must ensure the acceptance of copies of energy passports drawn up based on the results of mandatory energy inspections, as well as information requested in accordance with Part 3 of this article, in the form of an electronic document. (as amended by Federal Law dated December 28, 2013 N 399-FZ) 4. The authorized federal executive body must ensure the acceptance of copies of energy passports drawn up based on the results of mandatory energy surveys, as well as information requested in accordance with Part 3 of this article, in the form of an electronic document. Article 18. Requirements for self-regulatory organizations in the field of energy inspection 2.2. If an application for inclusion in the state register of self-regulatory organizations in the field of energy inspection and the documents specified in part 2 of this article are submitted in the form of electronic documents, this application must be signed by the applicant with an enhanced qualified electronic signature, and the specified documents - by officials of bodies, organizations , authorized to sign the specified documents with an electronic signature, the type of which is established by the legislation of the Russian Federation. (edited) Federal Law of December 28, 2013 N 401-FZ) Commencement of Part 2.2. - 01/10/2014. 3. A non-profit organization has the right to acquire the status of a self-regulatory organization in the field of energy inspection, provided that it meets the following requirements: 3) the presence of a compensation fund formed in the amount of no less than two million rubles from contributions from members of a self-regulatory organization in the field of energy inspection, as a way to ensure the property liability of members of a self-regulatory organization in the field of energy inspection to consumers of services, which may arise as a result of harm caused to them due to deficiencies in the energy survey services provided. (as amended by Federal Law dated December 28, 2013 N 399-FZ) 3) the presence of a compensation fund formed from contributions from members of a self-regulatory organization in the field of energy inspection, as a way to ensure the property liability of members of a self-regulatory organization in the field of energy inspection to consumers of services, which may arise as a result of harm caused to them due to deficiencies in the services provided in the energy inspection. 4. A self-regulatory organization in the field of energy inspection is obliged to develop and approve the following documents: 2) standards and rules regulating the procedure for conducting energy inspections by members of a self-regulatory organization in the field of energy inspection, including standards and rules for issuing an energy passport drawn up based on the results of an energy inspection, standards and rules for determining the list of measures for energy saving and increasing energy efficiency, standards and rules for calculating energy saving potential (hereinafter referred to as standards and rules) in accordance with the requirements for conducting an energy survey and its results; (as amended by Federal Law dated December 28, 2013 N 399-FZ) 2) standards and rules regulating the procedure for conducting energy inspections by members of a self-regulatory organization in the field of energy inspection, including standards and rules for issuing an energy passport drawn up based on the results of an energy inspection, standards and rules for determining the list of measures for energy saving and increasing energy efficiency, standards and rules for calculating energy saving potential (hereinafter referred to as standards and rules); clause 4 . clause 2 art. 18 comes into force on October 1, 2014 5.1. The documents specified in paragraph 2 of part 4 of this article, but not posted on the official website of the self-regulatory organization in the field of energy inspection on the Internet, are not applied. (Part 5.1 introduced by Federal Law dated December 28, 2013 N 399-FZ) 5.2. A self-regulatory organization in the field of energy inspection, in the event of a decision to make changes to the documents submitted by it to the authorized federal executive body for energy inspections when entering information about it into the state register of self-regulatory organizations in the field of energy inspection, is obliged to notify this federal executive authority in the manner established by it within seven days from the date of such decision. (Part 5.2 introduced by Federal Law dated December 28, 2013 N 399-FZ) 5.3. A self-regulatory organization in the field of energy audit is obliged to ensure compliance with the requirements for conducting an energy audit and its results by its members and verify the compliance of the results of the energy audit with the requirements for conducting an energy audit and its results, standards and rules of this self-regulatory organization. (Part 5.3 introduced by Federal Law dated December 28, 2013 N 399-FZ) Chapter 5. ENERGY SERVICE AGREEMENTS (CONTRACTS) AND AGREEMENTS FOR PURCHASE AND SALE, DELIVERY, TRANSFER OF ENERGY RESOURCES, INCLUDING THE TERMS OF ENERGY SERVICE AGREEMENTS (CONTRACTS) Article 21. State or municipal energy service agreements (contracts) concluded to meet state or municipal needs 2. State or municipal energy service agreements (contracts) are concluded and paid for in accordance with the budget legislation of the Russian Federation and the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs. (as amended by Federal Law dated December 28, 2013 N 396-FZ) 2. State or municipal energy service agreements (contracts) are concluded and paid in accordance with the budget legislation of the Russian Federation and the legislation of the Russian Federation on the placement of orders. Chapter 6. INFORMATION SUPPORT OF EVENTS FOR ENERGY SAVING AND INCREASING ENERGY EFFICIENCY Article 22. Information support for energy saving and energy efficiency improvement measures 1. Information support for energy saving and energy efficiency measures should be carried out regularly through: 5) dissemination of information about the energy saving potential of electrical grid facilities, utility infrastructure systems and measures to improve their energy efficiency; (as amended by Federal Law dated December 28, 2013 N 399-FZ) 5) dissemination of information about the energy saving potential of public infrastructure systems and measures to improve their energy efficiency; 6. The federal executive body authorized by the Government of the Russian Federation monitors and analyzes the effectiveness of the implementation of state policy and legal regulation in the field of energy saving and increasing energy efficiency."; (as amended by Federal Law dated December 28, 2013 N 399-FZ) 7. The federal executive body authorized by the Government of the Russian Federation prepares and disseminates an annual state report on the state of energy saving and increasing energy efficiency in the Russian Federation in accordance with the procedure established by the Government of the Russian Federation. (Part 7 introduced by Federal Law dated December 28, 2013 N 399-FZ) Article 23. State information system in the field of energy saving and increasing energy efficiency 3. Information contained in the state information system in the field of energy saving and increasing energy efficiency must necessarily include information: 1) on regional, municipal programs in the field of energy saving and increasing energy efficiency, programs in the field of energy saving and increasing energy efficiency of organizations with the participation of the state or municipality and on the progress of their implementation; (as amended by Federal Law dated December 28, 2013 N 399-FZ) 1) on regional and municipal programs in the field of energy saving and increasing energy efficiency and on the progress of their implementation; 2) on the volume of use of energy resources, on energy saving and on increasing energy efficiency, generalized regarding sectors of the economy, housing and communal services, housing funds, constituent entities of the Russian Federation and municipalities; (as amended by Federal Law dated December 28, 2013 N 399-FZ) 2) on the volume of use of energy resources, on energy saving and on increasing energy efficiency, generalized regarding sectors of the economy, housing and communal services, constituent entities of the Russian Federation and municipalities; 3) on the equipment with metering devices for used energy resources, generalized regarding state, municipal, private housing funds, constituent entities of the Russian Federation and municipalities, organizations with the participation of the state or municipality; (as amended by Federal Law dated December 28, 2013 N 399-FZ) 3) on the equipment with metering devices for used energy resources, generalized regarding state, municipal, private housing funds, constituent entities of the Russian Federation and municipalities; Chapter 7. ENERGY SAVING AND INCREASING ENERGY EFFICIENCY IN ORGANIZATIONS WITH PARTICIPATION OF THE STATE OR MUNICIPALITY AND IN ORGANIZATIONS CARRYING OUT REGULATED ACTIVITIES Article 25. Ensuring energy saving and increasing energy efficiency by organizations with the participation of the state or municipality and organizations carrying out regulated activities 1. Organizations with the participation of the state or municipality and organizations carrying out regulated activities must approve and implement programs in the field of energy saving and increasing energy efficiency, containing: 3) other provisions in accordance with the requirements of parts 2 - 4 of this article. (Clause 3 as amended by Federal Law dated December 28, 2013 N 399-FZ) 3) other requirements in accordance with parts 2 - 4 of this article (for organizations carrying out regulated activities). 1.1. If an organization with the participation of the state or municipal entity, an organization carrying out regulated activities, has subsidiaries and dependent companies, programs in the field of energy saving and increasing energy efficiency of these organizations may include as subprograms programs in the field of energy saving and increasing energy efficiency of the corresponding subsidiaries and dependent companies. The inclusion of an organization with the participation of the state or a municipality, an organization carrying out regulated activities, as subprograms of the program in the field of energy saving and increasing energy efficiency of the relevant subsidiaries and dependent companies in programs in the field of energy saving and increasing energy efficiency does not relieve them of the obligation to approve and implement their programs in the field of energy saving and increasing energy efficiency if the relevant subsidiaries and dependent companies are organizations with the participation of the state or municipal entity or organizations carrying out regulated activities. (Part 1.1 introduced by Federal Law dated December 28, 2013 N 399-FZ) 1.2. Requirements for the form of programs in the field of energy saving and increasing energy efficiency of organizations with the participation of the state or municipal entity, organizations carrying out regulated types of activities, and reporting on the progress of their implementation are established by the authorized federal executive body. (Part 1.2 introduced by Federal Law dated December 28, 2013 N 399-FZ) 2. If an organization with the participation of the state or municipal entity carries out regulated types of activities, the provisions of this article are applied to this organization, establishing requirements for programs in the field of energy saving and increasing energy efficiency of organizations carrying out regulated types of activities. When developing programs in the field of energy saving and increasing energy efficiency and making changes to them, an organization carrying out regulated activities is obliged to comply with the requirements established for the form of these programs and reporting on the progress of their implementation. If prices (tariffs) for goods and services of organizations carrying out regulated types of activities are established by the authorized federal executive body, the requirements for the content of these programs in the field of energy saving and increasing the energy efficiency of these organizations in relation to regulated types of activities are established by this body in accordance with the rules approved by the Government of the Russian Federation. If prices (tariffs) for goods and services of organizations carrying out regulated types of activities are regulated by authorized executive authorities of the constituent entities of the Russian Federation, requirements for the content of programs in the field of energy saving and increasing energy efficiency of these organizations in relation to regulated types of activities and in terms of requirements to the facilities of these organizations located on the territories of the relevant constituent entities of the Russian Federation are established by these bodies in accordance with the rules approved by the Government of the Russian Federation. If prices (tariffs) for goods and services of public utility organizations are established by local governments, requirements for the content of programs in the field of energy saving and increasing energy efficiency of these organizations in relation to regulated types of activities and in terms of requirements for the facilities of these organizations located in the territories relevant municipalities are established by these bodies in accordance with the rules approved by the Government of the Russian Federation. (Part 2 as amended by Federal Law dated December 28, 2013 N 399-FZ) 2. If an organization with the participation of the state or municipal entity carries out a regulated type of activity, the provisions of this article are applied to it, establishing requirements for an organization carrying out a regulated type of activity. Organizations carrying out regulated activities, when developing programs in the field of energy saving and increasing energy efficiency and making changes to them, are required to take into account the requirements established for these programs. For organizations carrying out regulated types of activities, if prices (tariffs) for goods and services of such organizations are regulated by an authorized federal executive body, the requirements for programs in the field of energy saving and increasing energy efficiency in relation to regulated types of activities are established by this body in accordance with rules approved by the Government of the Russian Federation. For organizations carrying out regulated types of activities, if prices (tariffs) for goods and services of such organizations are regulated by authorized executive authorities of the constituent entities of the Russian Federation, local governments, requirements for programs in the field of energy saving and increasing energy efficiency in relation to regulated types of activities are established by these bodies in accordance with the rules approved by the Government of the Russian Federation. Article 26. Ensuring energy efficiency in the procurement of goods, works, services to meet state and municipal needs (as amended by Federal Law dated December 28, 2013 N 396-FZ) 1. State or municipal customers, authorized bodies, authorized institutions are obliged to purchase goods, works, services to meet state and municipal needs in accordance with the requirements for the energy efficiency of these goods, works, services. 2. Requirements for the energy efficiency of goods, works, and services when purchasing to meet state and municipal needs are established by the authorized federal executive body in accordance with the rules approved by the Government of the Russian Federation. The Government of the Russian Federation has the right to establish priority requirements as part of these rules. 3. Requirements for the energy efficiency of goods, works, and services when purchasing to meet state and municipal needs include, in particular: 4. Requirements for the energy efficiency of goods, works, and services when making purchases to meet state and municipal needs may establish a ban or restriction on the purchase of goods, works, and services, the results of which may result in unproductive consumption of energy resources. 5. State or municipal customers, authorized bodies, authorized institutions in order to comply with the requirements for energy efficiency of goods, works, services when making decisions on the types, categories of goods, works, services purchased to meet state and municipal needs, and (or) when establishing requirements for the specified goods, works, services must take into account the following provisions: 1) goods, works, services purchased to meet state and municipal needs must ensure the achievement of the maximum possible energy savings and energy efficiency; 2) goods, works, services purchased to meet state and municipal needs must ensure a reduction in the customer’s costs, determined on the basis of the expected price of goods, works, services in combination with the costs associated with the use of goods, works, services (including expenses on energy resources), taking into account the savings expected and achieved when using the relevant goods, works, services (including savings in energy resources). Article 26. Ensuring energy efficiency when placing orders for state or municipal needs 1. State or municipal customers, bodies authorized to carry out the functions of placing orders for state or municipal needs, are obliged to place orders for the supply of goods, performance of work, provision of services for state or municipal needs in accordance with the requirements for the energy efficiency of these goods, works, services. 2. Requirements for the energy efficiency of goods, works, services, orders for which are placed for state or municipal needs, are established by the authorized federal executive body in accordance with the rules approved by the Government of the Russian Federation. The Government of the Russian Federation has the right to establish priority requirements as part of these rules. 3. Requirements for the energy efficiency of goods, works, services, orders for which are placed for state or municipal needs, include, in particular: 1) an indication of the types and categories of goods, works, services to which such requirements apply; 2) requirements for the value of energy efficiency classes of goods; 3) requirements for the characteristics and parameters of goods, works, services that affect the volume of energy resources used; 4) other indicators reflecting the energy efficiency of goods, works, and services. 4. Requirements for the energy efficiency of goods, works, services, orders for which are placed for state or municipal needs, may establish a ban or restriction on the placement of orders for the supply of goods, performance of work, provision of services, the results of which may result in unproductive consumption of energy resources. 5. State or municipal customers, bodies authorized to perform functions of placing orders for state or municipal needs, in order to comply with the requirements for energy efficiency of goods, works, services when making decisions on the types, categories of goods, works, services for which orders are placed carried out for state or municipal needs, and (or) when establishing requirements for these goods, works, services, the following provisions must be taken into account: 1) goods, works, services, orders for which are placed for state or municipal needs, must ensure the achievement of the maximum possible energy savings and energy efficiency; 2) goods, works, services, orders for which are placed for state or municipal needs, must ensure a reduction in the customer’s costs, determined on the basis of the expected price of goods, works, services in combination with the costs associated with the use of goods, works, services (in including costs for energy resources), taking into account the savings expected and achieved when using the relevant goods, works, services (including savings in energy resources). Chapter 10. FINAL PROVISIONS Article 48. Final provisions 7. Before July 1, 2014, the federal executive body responsible for conducting energy surveys must approve: 1) requirements for the form of programs in the field of energy saving and increasing energy efficiency of organizations with the participation of the state or municipal entity, organizations carrying out regulated activities, and reporting on the progress of their implementation; 2) methodology for calculating the values ​​of target indicators in the field of energy saving and increasing energy efficiency, the achievement of which is ensured as a result of the implementation of regional and municipal programs in the field of energy saving and increasing energy efficiency; 3) requirements for conducting an energy survey and its results; 4) the procedure for submitting information on energy saving and increasing energy efficiency in accordance with Part 12 of Article 16 of this Federal Law. (Part 7 introduced by Federal Law dated December 28, 2013 N 399-FZ). President of Russian Federation D.MEDVEDEV

Article 13. Ensuring accounting of used energy resources and the use of metering devices for used energy resources when making payments for energy resources

1. Produced, transmitted, consumed energy resources are subject to mandatory accounting using metering devices for energy resources used. The requirements of this article regarding the organization of accounting of energy resources used apply to facilities connected to electrical networks of centralized power supply, and (or) centralized heat supply systems, and (or) centralized water supply systems, and (or) centralized gas supply systems, and (or) other systems of centralized supply of energy resources. If other requirements for the installation sites of metering devices for used energy resources are not established by this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, compliance with the requirements of this article regarding the organization of metering of used energy resources in relation to facilities connected to centralized supply systems of the relevant energy resource, must ensure accounting of the energy resources used at the points of connection of the specified objects to such systems or in relation to objects used for the transfer of energy resources, at the points of connection of adjacent objects used for the transfer of energy resources and owned by right of ownership or other basis provided for by the legislation of the Russian Federation to different persons. Requirements for the characteristics of metering devices for energy resources used are determined in accordance with the legislation of the Russian Federation. The requirements of this article regarding the organization of accounting of energy resources used do not apply to dilapidated, emergency facilities, facilities subject to demolition or major repairs before January 1, 2013, as well as facilities whose maximum volume of natural gas consumption is less than two cubic meters per hour ( regarding the organization of accounting of natural gas used).

2. Payments for energy resources must be made on the basis of data on the quantitative value of energy resources produced, transmitted, consumed, determined using metering devices for energy resources used. Metering devices installed in accordance with the requirements of the legislation of the Russian Federation must be put into operation no later than the month following the date of their installation, and their use must begin when making payments for energy resources no later than the first day of the month following the month of commissioning of these metering devices into operation. Payments for energy resources can be carried out without taking into account data obtained using installed and commissioned metering devices for energy resources used, under a supply agreement, a purchase and sale agreement for energy resources, which includes the terms of an energy service agreement (contract). Before installing metering devices for used energy resources, as well as in the event of failure, loss or expiration of the service life of metering devices for used energy resources, payments for energy resources must be carried out using calculation methods for determining the amount of energy resources established in accordance with the legislation of the Russian Federation. At the same time, these calculation methods must determine the amount of energy resources in such a way as to encourage buyers of energy resources to make calculations based on data on their quantitative value, determined using metering devices for energy resources used.

3. Until January 1, 2011, state authorities, local government bodies, with the exception of state authorities, local government bodies of the Republic of Crimea and the federal city of Sevastopol, ensure the completion of measures to equip buildings, structures, structures used to house these bodies, that are in state or municipal ownership and put into operation on the date of entry into force of this Federal Law, metering devices used for water, natural gas, thermal energy, electrical energy and putting the installed metering devices into operation. For the Republic of Crimea and the federal city of Sevastopol, measures to equip buildings, structures, structures specified in this part with metering devices for used water, thermal energy, electrical energy and putting installed metering devices into operation are carried out before January 1, 2019, and for equipping with devices metering of used natural gas and commissioning of installed metering devices - until January 1, 2021.

4. Until January 1, 2011, owners of buildings, structures, structures and other objects that were put into operation on the day this Federal Law came into force and in the operation of which energy resources are used (including temporary objects), with the exception of the objects specified in Parts 3, 5 and 6 of this article are required to complete equipping such facilities with metering devices for water, natural gas, thermal energy, electrical energy, as well as putting the installed metering devices into operation.

4.1. For the Republic of Crimea and the federal city of Sevastopol, owners of buildings, structures, structures and other objects that were put into operation on the date of entry into force of this Federal Law and during the operation of which energy resources are used (including temporary objects), with the exception of the objects specified in parts 3, 5 and 6 of this article, are required to complete equipping such facilities with metering devices for used water, thermal energy, electrical energy and putting the installed metering devices into operation before January 1, 2019, and equipping them with metering devices for natural gas used and commissioning the installed metering devices to be put into operation until January 1, 2021.

5. Until July 1, 2012, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2019, owners of residential buildings, with the exception of those specified in part 6 of this article, owners of premises in apartment buildings put into operation on the day this came into force Federal law is required to ensure that such houses are equipped with metering devices for used water, thermal energy, and electrical energy, as well as putting the installed metering devices into operation. At the same time, apartment buildings within the specified period must be equipped with collective (common building) metering devices for used water, thermal energy, electrical energy, as well as individual and common (for a communal apartment) metering devices for used water, electrical energy.

5.1. Until January 1, 2015, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2021, the owners of the objects specified in part 5 of this article are obliged to ensure that these objects are equipped with individual and general (for communal apartments) meters for natural gas used, and also commissioning of installed metering devices.

5.2. The obligation provided for in Part 5.1 of this article does not apply to owners of residential buildings and premises in an apartment building heated without the use of gas-powered equipment.

6. Until July 1, 2012, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2019, owners of residential buildings, country houses or garden houses put into operation on the date of entry into force of this Federal Law, which are united by those owned or created by them organizations (associations) with common networks of engineering and technical support connected to electrical networks of centralized power supply, and (or) centralized heat supply systems, and (or) centralized water supply systems, and (or) other systems of centralized supply of energy resources, with the exception of centralized gas supply systems , are obliged to ensure the installation of collective (on the border with centralized systems) metering devices used for water, thermal energy, electrical energy, as well as the commissioning of installed metering devices.

6.1. Until January 1, 2015, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2021, the owners of the objects specified in part 6 of this article and united by common networks of engineering and technical support belonging to them or organizations (associations) created by them and connected to centralized gas supply system, are obliged to ensure the installation of collective (on the border with centralized systems) metering devices for natural gas used at these facilities, as well as the commissioning of installed metering devices.

7. Buildings, structures, structures and other objects during the operation of which energy resources are used, including temporary objects put into operation after the date of entry into force of this Federal Law, on the date of their commissioning must be equipped with metering devices for energy resources used resources similar to those specified in parts 3 - 6.1 of this article. Apartment buildings put into operation from January 1, 2012 after construction and reconstruction must be equipped with additional individual metering devices for used thermal energy, and apartment buildings put into operation from January 1, 2012 after major repairs must be equipped with individual metering devices the thermal energy used if it is technically possible to install them. Owners of metering devices used for energy resources are obliged to ensure proper operation of these metering devices, their safety, and timely replacement.

8. Actions for the installation, replacement, operation of metering devices for energy resources used are entitled to be carried out by persons who meet the requirements established by the legislation of the Russian Federation for the implementation of such actions. Until January 1, 2019, owners of facilities that are specified in parts 3 - 7 of this article and the maximum volume of thermal energy consumption of which is less than two-tenths of a gigacalorie per hour are required to ensure that such facilities are equipped with metering devices for the used thermal energy specified in parts 3 - 7 of this article, as well as the commissioning of installed metering devices. The rules for commercial metering of thermal energy and coolant, approved by the Government of the Russian Federation, may establish the specifics of metering thermal energy and coolant, as well as the specifics of fulfilling the obligation to equip the facilities specified in parts 3 - 7 of this article with metering devices.

9. From July 1, 2010, organizations that supply water, natural gas, thermal energy, electrical energy or their transmission and whose engineering and technical support networks have a direct connection to the networks that are part of the engineering and technical equipment of facilities subject to compliance with the requirements of this article, equipped with metering devices for used energy resources, are obliged to carry out activities for the installation, replacement, operation of metering devices for used energy resources, the supply or transmission of which they carry out. These organizations do not have the right to refuse persons who have applied to them to enter into an agreement regulating the conditions for the installation, replacement and (or) operation of metering devices for the energy resources used, the supply or transmission of which they carry out. The price of such a contract is determined by agreement of the parties. For delay in fulfilling the obligation to install, replace and (or) operate these metering devices, the specified organizations pay the consumer for each day of delay a penalty (penalty), determined in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, valid on the day of fulfillment of the obligation, but not more than in the amount of the price of performing work or providing services under the contract. The procedure for concluding and essential terms of such an agreement are approved by the authorized federal executive body. An agreement regulating the conditions for installing a collective or individual (common for a communal apartment) metering device for the energy resource used (supply or transfer of which is carried out by the specified organizations) and concluded with a citizen - owner of a residential building, garden house or a person authorized by him, with a citizen - owner of the premises in an apartment building or by the person responsible for the maintenance of the apartment building, in order to fulfill their duties provided for in parts 5 - 6.1 of this article, must contain a condition on payment of the price determined by such an agreement in equal shares within five years from the date of its conclusion, with the exception of the case if the consumer has expressed his intention to pay the price determined by such an agreement in a lump sum or with a shorter installment period. When a provision for installment payment is included in such an agreement, the price determined by such an agreement must include the amount of interest accrued in connection with the provision of installment plans, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in effect on the date of accrual, except in cases where the corresponding compensation is carried out at the expense of the budget of the constituent entity of the Russian Federation, the local budget. A subject of the Russian Federation, a municipal entity has the right to provide, in the manner established by the budget legislation of the Russian Federation, at the expense of the budget of the subject of the Russian Federation, the local budget, support to these organizations by allocating funds to them to reimburse the expenses incurred by them in connection with the provision of installment plans.

10. Until July 1, 2010, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2019, the organizations specified in part 9 of this article are obliged to provide the owners of residential buildings specified in part 5 of this article, the owners of premises in apartment buildings, to persons responsible for the maintenance of apartment buildings, to persons representing the interests of the owners specified in part 6 of this article, proposals to equip the objects specified in parts 5 and 6 of this article with meters for the energy resources used, the supply or transfer of which is carried out by the specified organizations. The approximate form of a proposal to equip with metering devices for energy resources used is approved by the authorized federal executive body. If the sale of energy resources for the facilities specified in parts 5 and 6 of this article is carried out on the basis of a public agreement by an organization other than those specified in part 9 of this article, no later than July 1, 2010, and for the Republic of Crimea and the federal city of Sevastopol no later than January 1, 2019, it is obliged to provide the owners of residential buildings specified in part 5 of this article, owners of premises in apartment buildings, persons responsible for the maintenance of apartment buildings, persons representing the interests of the owners specified in part 6 of this article, obtained from publicly available sources of information on possible providers of services for equipping the facilities specified in parts 5 and 6 of this article with metering devices for energy resources used. Persons responsible for the maintenance of apartment buildings are obliged to inform the owners of premises in apartment buildings about proposals received to equip apartment buildings and premises therein with devices for metering the energy resources used, as well as about the deadlines established by this Federal Law for equipping them with meters for the energy resources used. Organizations that supply or transmit natural gas and whose engineering and technical support networks are directly connected to the networks that are part of the engineering and technical equipment of facilities that are subject, in accordance with the requirements of this article, to be equipped with metering devices for natural gas used, are required to submit no later than January 1, 2013, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2019 to the persons specified in parts 5. 1 and 6.1 of this article, proposals to equip such facilities with natural gas meters. In relation to the facilities that are specified in parts 3 - 7 of this article and the maximum volume of thermal energy consumption of which is less than two tenths of a gigacalorie per hour, proposals to equip such facilities with metering devices for the thermal energy used must be submitted no later than July 1, 2018.

11. A subject of the Russian Federation, a municipal entity has the right to provide support to certain categories of consumers at the expense of the budget of the subject of the Russian Federation, the local budget by allocating funds to them for the installation of metering devices for used energy resources, intended for payments for used energy resources. If these metering devices are installed at the expense of budgetary funds, the persons for whom these metering devices are intended for settlements are exempt from fulfilling this obligation in the relevant part.

12. Until January 1, 2012, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2019 (in relation to objects provided for in parts 3 and 4 of this article), until July 1, 2013, and for the Republic of Crimea and the federal city Sevastopol until January 1, 2019 (in relation to the facilities provided for in parts 5 and 6 of this article, in terms of equipping them with meters for used water, thermal energy, electrical energy, including equipping apartment buildings with collective (common house) meters for used water, heat energy, electrical energy, as well as individual and general (for communal apartments) metering devices used for water, electrical energy), until January 1, 2021 (in relation to objects provided for in parts 3 - 7 of this article, the maximum volume of thermal energy consumption of which is less than than two tenths of a gigacalorie per hour) and until January 1, 2019, and for the Republic of Crimea and the federal city of Sevastopol until January 1, 2021 (in relation to the facilities provided for in parts 5.1 and 6.1 of this article, in terms of equipping them with metering devices for natural gas used ) the organizations specified in part 9 of this article are obliged to take actions to equip with metering devices for the energy resources used, the supply and transfer of which these organizations carry out, objects whose engineering and technical equipment is directly connected to the engineering and technical support networks belonging to them and which in violation of the requirements of parts 3 - 6.1 and 8 of this article were not equipped with metering devices for used energy resources within the prescribed period. A person who has not fulfilled the obligation to equip these facilities with metering devices for used energy resources within the prescribed period must provide access to the specified organizations to the installation sites for metering devices used for energy resources and pay the costs of these organizations for the installation of these metering devices, and must not interfere with their commissioning . In case of refusal to pay expenses on a voluntary basis, a person who has not fulfilled the obligation to equip these facilities with meters for energy resources used within the prescribed period must also pay the expenses incurred by these organizations in connection with the need for forced collection. At the same time, citizens - owners of residential buildings, garden houses, citizens - owners of premises in apartment buildings who have not fulfilled the duties provided for in parts 5 - 6 within the prescribed period. 1 and 8 of this article, if this required the said organizations to take action to install metering devices for the energy resources used, pay in equal installments for five years from the date of their installation the costs of the said organizations for the installation of these metering devices, provided that they do not express an intention to pay such expenses at a time or with a shorter installment period. In the case of installment plans, the costs of installing meters for energy resources used are subject to increase by the amount of interest accrued in connection with the provision of installment plans, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in effect on the date of accrual, except in cases where the corresponding compensation carried out at the expense of the budget of the constituent entity of the Russian Federation, the local budget. After January 1, 2012, and for the Republic of Crimea and the federal city of Sevastopol after January 1, 2019 (in relation to the facilities specified in parts 3 and 4 of this article, and similar facilities put into operation after the day this Federal Law entered into force), after July 1, 2013, and for the Republic of Crimea and the federal city of Sevastopol after January 1, 2019 (in relation to the facilities provided for in parts 5 and 6 of this article and similar facilities put into operation after the day this Federal Law entered into force in terms of equipping them with instruments metering of used water, thermal energy, electrical energy, including equipping apartment buildings with collective (common house) metering devices for used water, thermal energy, electrical energy, as well as individual and common (for communal apartments) metering devices for used water, electrical energy), after January 1, 2021 (in relation to facilities provided for in parts 3 - 7 of this article, the maximum volume of thermal energy consumption of which is less than two tenths of a gigacalorie per hour, and similar facilities put into operation after the day this Federal Law entered into force) and after January 1, 2019, and for the Republic of Crimea and the federal city of Sevastopol after January 1, 2021 (in relation to the facilities provided for in parts 5.1 and 6.1 of this article and similar facilities put into operation after the date of entry into force of this Federal Law in terms of equipping them with metering devices natural gas used), the provisions of this part must be complied with in all cases of detection by the specified organizations of violations of the requirements established by this article regarding the accounting of energy resources used using their metering devices and the failure to eliminate such violations by the person who committed them before the expiration of two months from the date of their discovery. The specified organizations, when identifying facts of failure by the owners of metering devices for energy resources used, to ensure the proper operation of these metering devices and failure to eliminate such failure before the expiration of two months from the date of its discovery, are also obliged to begin operating these metering devices, attributing the costs incurred to the owners of these metering devices. The owners of these metering devices or persons who are the owners of the objects on which these metering devices are installed are obliged to provide access to the said organizations to the metering devices for the energy resources used and to pay the costs of the said organizations for their operation, and in case of refusal to pay the costs, voluntarily pay the costs incurred the specified organizations expenses in connection with the need for forced collection.

13. In terms of organizing the accounting of used electrical energy, the requirements provided for in this article for the organization and provision of electrical energy accounting, including for electrical energy metering devices, the procedure for their installation, replacement, operation, as well as for calculation methods for determining the amount of electrical energy are subject to application, unless other requirements are established by Federal Law of March 26, 2003 N 35-FZ “On Electric Power Industry”.

Explanation of the main provisions of the Federal Law of November 23, 2009 No. 261-FZ “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation”

Due to numerous requests from citizens, we publish answers to frequently asked questions regarding the main provisions of the Federal Law of November 23, 2009 No. 261-FZ “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation.”

Explanation of the main provisions of the Federal Law of November 23, 2009 No. 261-FZ “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation.”

1. Which objects are not subject to the requirements of Federal Law dated November 23, 2009 No. 261-FZ regarding the organization of accounting of energy resources used?

According to paragraph 1 of Article 13 of the Federal Law of November 23, 2009 No. 261-FZ, the requirements for organizing the accounting of energy resources used do not apply to dilapidated, emergency facilities, facilities subject to demolition or major repairs before January 1, 2013, as well as facilities that consume power whose electrical energy is less than 5 kilowatts (in relation to the organization of metering of used electrical energy) or whose maximum volume of thermal energy consumption is less than 0.2 gigacalories per hour (in relation to the organization of metering of used thermal energy).

2. Within what time frame are the owners of residential buildings and owners of premises in apartment buildings required to ensure that such buildings are equipped with meters for the energy resources used?

According to the Federal Law of November 23, 2009 No. 261-FZ, until January 1, 2013, owners of residential buildings, owners of premises in apartment buildings put into operation on the date of entry into force of the specified Federal Law, are obliged to ensure that such houses are equipped with meters for used water, natural gas, thermal energy, electrical energy, as well as putting installed metering devices into operation. At the same time, apartment buildings within the specified period must be equipped with collective (common building) metering devices for used water, thermal energy, electrical energy, as well as individual and common (for a communal apartment) metering devices for used water, natural gas, and electrical energy.

According to paragraph 38 (1). Decree of the Russian Federation of August 13, 2006 No. 491 in the event that the owners of premises in an apartment building, before January 1, 2013, did not ensure that such a house was equipped with a collective (common house) metering device for the used utility resource and, at the same time, in accordance with Part 12 of Article 13 of the Federal Law “On energy saving and on increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation” a collective (common house) metering device was installed, the owners of the premises are obliged to pay the costs of installing such a metering device on the basis of invoices and in the amount specified in paragraph two of this clause, except for cases where such expenses were taken into account as part of the fee for the maintenance and repair of residential premises

3. What actions do owners of premises in apartment buildings need to take in order to install collective (common building) meters for energy resources used?

To install common building metering devices for energy resources used, it is necessary to hold a general meeting of the owners of premises in an apartment building in order to make a decision on the need to carry out the specified work, as well as the terms of payment for the costs of installing metering devices. The decision of the general meeting is documented in the minutes of the general meeting and brought to the attention of the management organization.

The management organization, on the basis of a decision of the general meeting of owners of premises in an apartment building, enters into contracts for the installation of common building meters for metering energy resources used with contractors.

4. Who should carry out activities related to the installation, replacement, and operation of metering devices for energy resources used?

According to paragraph 9 of Article 13 of the Federal Law of November 23, 2009 No. 261-FZ, from July 1, 2010, organizations that supply water, natural gas, thermal energy, electrical energy or their transmission and whose engineering support networks have direct connection to the networks included as part of the engineering and technical equipment of facilities that are subject to being equipped with metering devices for used energy resources, they are required to carry out activities for the installation, replacement, operation of metering devices for used energy resources, the supply or transmission of which they carry out. These organizations do not have the right to refuse persons who contact them to enter into an agreement regulating the conditions for the installation, replacement and (or) operation of metering devices for the energy resources used, the supply or transmission of which they carry out. The price of such a contract is determined by agreement of the parties.

5. Who, other than organizations involved in the supply of energy resources or their transmission, has the right to carry out activities related to the installation, replacement, and operation of metering devices for energy resources used?

According to paragraph 8 of Article 13 of the Federal Law of November 23, 2009 No. 261-FZ, actions for the installation, replacement, operation of metering devices for energy resources used are entitled to be carried out by persons who meet the requirements established by the legislation of the Russian Federation for the implementation of such actions.

6. What conditions for payment of the price determined by the contract for the installation of meters for energy resources used in residential buildings are provided for by Federal Law No. 261-FZ of November 23, 2009?

According to paragraph 9 of Article 13 of the Federal Law of November 23, 2009 No. 261-FZ, an agreement regulating the conditions for installing a collective or individual (common for a communal apartment) metering device for the energy resource used and concluded with a citizen - the owner of a residential building, with a citizen - the owner of premises in an apartment building house or the person responsible for the maintenance of an apartment building must contain a condition on payment of the price determined by such an agreement in equal installments within 5 years from the date of its conclusion, except if the consumer has expressed his intention to pay the price determined by such an agreement in a lump sum or with shorter installment period. When a provision for installment payment is included in such an agreement, the price determined by such an agreement must include the amount of interest accrued in connection with the provision of installment plans, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in effect on the date of accrual, except in cases where the corresponding compensation is carried out at the expense of the budget of the constituent entity of the Russian Federation, the local budget.

7. What measures are provided by Federal Law No. 261-FZ of November 23, 2009 in the event that the owners of residential buildings and owners of premises in apartment buildings did not ensure that such houses are equipped with meters for the energy resources used before January 1, 2013?

According to paragraph 12 of Article 13 of the Federal Law of November 23, 2009 No. 261-FZ, until July 1, 2013, organizations that supply water, natural gas, thermal energy, electrical energy or their transmission and whose engineering support networks are directly connected to the networks , which are part of the engineering and technical equipment of residential buildings that are subject to being equipped with metering devices for used energy resources, are obliged to take steps to equip the specified objects with metering devices for used energy resources, which were not equipped with metering devices for used energy resources within the period established by law.

A person who has not fulfilled the obligation to equip these facilities with metering devices for energy resources used within the prescribed period must provide access to the specified organizations to the installation sites for metering devices used for energy resources and pay the costs of these organizations for the installation of these metering devices.

In case of refusal to pay expenses on a voluntary basis, a person who has not fulfilled the obligation to equip these facilities with meters for energy resources used within the prescribed period must also pay the expenses incurred by these organizations in connection with the need for forced collection.

At the same time, citizens - owners of residential buildings, citizens - owners of premises in apartment buildings pay in equal shares for 5 years from the date of their installation the costs of these organizations for the installation of these metering devices, provided that they do not express their intention to pay such costs at a time or over a shorter period installments. If an installment plan is granted, the costs of installing meters for energy resources used are subject to increase by the amount of interest accrued in connection with the provision of an installment plan, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in effect on the day of accrual, unless the corresponding compensation carried out at the expense of the budget of the constituent entity of the Russian Federation, the local budget.

8. What priority measures are recommended for the common property of premises owners in an apartment building in order to increase the level of energy saving in the housing stock and its energy efficiency?

installation of devices that provide automated and (or) manual adjustment of heat consumption depending on the outside temperature;

insulation of door blocks at the entrance to the entrances, door blocks of transition balconies and ensuring automatic closing of doors;

restoration of insulation of heating and hot water supply system pipelines using energy-efficient materials,

sealing and sealing of door blocks at the entrance to the entrances, door blocks of transition balconies, in the openings of basements and attics, window blocks in the entrances;

replacing incandescent lamps in public areas with energy-efficient lamps;

installation of automatic lighting control devices in common areas and local areas.

9. Who monitors compliance with obligations regarding the installation of energy metering devices?

Monitoring compliance with these obligations is carried out by the Federal Antimonopoly Service (FAS) and the Federal Service for Environmental, Technological and Nuclear Supervision (Rostechnadzor) and their territorial bodies in the constituent entities of the Russian Federation.

10. Are there penalties for failure to comply with obligations regarding the installation of energy meters?

Yes, they are provided. The Law on Energy Saving (Article 37) amended the Code of Administrative Offenses of the Russian Federation (CAO).

Failure to comply with the requirements of the law on the installation of metering devices (stages of design, reconstruction, major repairs, construction) - a fine for officials from 20 to 30 thousand rubles, for an organization from 500 to 600 thousand rubles.

Failure to comply with the requirements for energy suppliers to offer installation of metering devices to owners of residential buildings, country houses, garden houses and their representatives - a fine for officials from 20 to 30 thousand rubles, for legal entities from 100 to 150 thousand rubles.

Unreasonable refusal or evasion of an organization entrusted with the obligation to install, replace, operate metering devices for energy resources used, from concluding the relevant contract and (or) from its execution, as well as violation of the established procedure for its conclusion, or failure to comply with those established as mandatory for it requirements for the installation, replacement, operation of metering devices for used energy resources - a fine for officials from 20 to 30 thousand rubles; for individual entrepreneurs - from 20 to 30 thousand rubles; for legal entities - from 50 to 100 thousand rubles.

Failure to comply with the requirements for equipping a residential building with metering devices by persons responsible for the maintenance of apartment buildings - a fine for the responsible person from 10 to 15 thousand rubles, for legal entities from 20 to 30 thousand rubles.

Failure to comply with the requirements for equipping non-residential buildings, structures, and structures with metering devices by persons responsible for their maintenance - a fine for officials from 10 to 15 thousand rubles, for individual entrepreneurs from 25 to 35 thousand rubles, for legal entities from 100 to 150 thousand . rub.

Norms, rules, laws / Federal 1st Law FZ-261 dated November 23, 2009 “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation” - selected

Selected provisions of Federal Law FZ-261 of November 23, 2009 “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation”

№ 261 -F3

For the convenience of site users, we offer a selection of articles of Federal Law FZ-261 of November 23, 2009. “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation” (dates, requirements, etc.) . Note: emphasis - site editors.

Article 2. Basic concepts used in this Federal Law

This Federal Law uses the following basic concepts:
1) energy resource- an energy carrier whose energy is used or can be used in carrying out economic and other activities, as well as the type of energy (nuclear, thermal, electrical, electromagnetic energy or other type of energy);
2) secondary energy resource- an energy resource obtained in the form of production and consumption waste or by-products as a result of a technological process or the use of equipment whose functional purpose is not related to the production of the corresponding type of energy resource;
3) energy saving- implementation of organizational, legal, technical, technological, economic and other measures aimed at reducing the volume of energy resources used while maintaining the corresponding beneficial effect from their use (including the volume of products produced, work performed, services rendered);
4) energy efficiency- characteristics reflecting the ratio of the beneficial effect from the use of energy resources to the expenditure of energy resources made in order to obtain such an effect, in relation to a product, technological process, legal entity, individual entrepreneur;
5) energy efficiency class - a product characteristic reflecting its energy efficiency;
6) household energy consuming device- products, the functional purpose of which involves the use of energy resources, the power consumption of which does not exceed twenty-one kilowatts for electrical energy, one hundred kilowatts for thermal energy and the use of which may be intended for personal, family, household and similar needs;
7) energy survey- collection and processing of information on the use of energy resources in order to obtain reliable information about the volume of energy resources used, energy efficiency indicators, identify opportunities for energy saving and increase energy efficiency, reflecting the results obtained in the energy passport;
8) energy service agreement (contract)- agreement (contract), the subject of which is the implementation by the contractor of actions aimed at energy saving and increasing the energy efficiency of the use of energy resources by the customer;
9) organizations with the participation of the state or municipal entity - legal entities in the authorized capital of which the share (contribution) of the Russian Federation, a constituent entity of the Russian Federation, a municipal entity is more than fifty percent and (or) in relation to which the Russian Federation, a constituent entity of the Russian Federation, a municipal entity education have the right to directly or indirectly dispose of more than fifty percent of the total number of votes attributable to voting shares (shares) constituting the authorized capital of such legal entities, state or municipal unitary enterprises, state or municipal institutions, state companies, state corporations, as well as legal entities persons whose property or more than fifty percent of shares or shares in the authorized capital of which belong to state corporations;
10) regulated activities- types of activities carried out by subjects of natural monopolies, organizations of the public utilities complex, in respect of which prices (tariffs) are regulated in accordance with the legislation of the Russian Federation;
11) a person responsible for the maintenance of an apartment building - a person who, in accordance with housing legislation, is entrusted with the responsibilities for managing an apartment building;
12) developer- a person recognized as a developer in accordance with the legislation on urban planning activities.

Download Law Federal Law No. 261 of November 23, 2009 “On Energy Saving and Increasing Economic Efficiency” (entire text of Law Federal Law No. 261)

Article 10. Ensuring energy efficiency in the circulation of goods

1. Produced on the territory of the Russian Federation, imported into the Russian Federation goods for circulation on the territory of the Russian Federation (including household energy-consuming devices, computers, other computer electronic devices and organizational equipment) must contain information about their energy efficiency class in the technical documentation, attached to these products, in their markings, on their labels. This requirement applies to goods from:
1) household energy-consuming devices from January 1, 2011;
2) computers, other computer electronic devices and organizational equipment from January 1, 2012;
3) other goods from the date established by the Government of the Russian Federation.
2. The types of goods that are subject to the requirements of Part 1 of this article and their characteristics are established by the Government of the Russian Federation, the categories of goods within the established types of goods and their characteristics are established by the authorized federal executive body.
6. Starting from the date determined in accordance with Part 1 of this article, manufacturers and importers are required to indicate information about the energy efficiency class of goods in the technical documentation attached to the goods, in their markings, on their labels.
7. The authorized federal executive body has the right to establish a list of other information on the energy efficiency of goods that must be included in the technical documentation attached to the goods, the rules for its inclusion, as well as the date from which this information is subject to inclusion in the technical documentation.
8. From January 1, 2011, incandescent electric lamps with a power of one hundred watts or more, which can be used in alternating current circuits for lighting purposes, are not allowed for circulation on the territory of the Russian Federation. From January 1, 2011, it is not permitted to place orders for the supply of incandescent electric lamps for state or municipal needs that can be used in alternating current circuits for lighting purposes. In order to consistently implement the requirements to reduce the turnover of incandescent electric lamps from January 1, 2013 a ban on circulation may be introduced on the territory of the Russian Federation, incandescent electric lamps with a power of seventy-five watts or more, which can be used in alternating current circuits for lighting purposes, and from January 1, 2014 - incandescent electric lamps with a power of twenty-five watts or more, which can be used in alternating current circuits current for lighting purposes.

Download Law Federal Law No. 261 of November 23, 2009 “On Energy Saving and Increasing Economic Efficiency” (entire text of Law Federal Law No. 261)

Article 11. Ensuring the energy efficiency of buildings, structures, structures

1. Buildings, structures, structures, with the exception of those specified in part 5 of this article, must comply with energy efficiency requirements established by the authorized federal executive body in accordance with the rules approved by the Government of the Russian Federation. The Government of the Russian Federation has the right to establish priority energy efficiency requirements in these rules.
2. Energy efficiency requirements for buildings, structures and structures should include:
1) indicators characterizing the specific amount of energy resource consumption in a building, structure, structure;
2) requirements for architectural, functional, technological, structural and engineering solutions affecting the energy efficiency of buildings, structures, and structures;
3) requirements for individual elements, structures of buildings, structures, structures and their properties, for devices and technologies used in buildings, structures, structures, as well as requirements for those included in the design documentation and used during the construction, reconstruction, major repairs of buildings and structures , structures, technologies and materials that make it possible to eliminate the irrational consumption of energy resources both in the process of construction, reconstruction, major repairs of buildings, structures, structures, and during their operation.
3. As part of the requirements for the energy efficiency of buildings, structures, structures, the requirements must be determined that the building, structure, structure must comply with upon commissioning and during operation, indicating the persons ensuring the fulfillment of such requirements (the developer, the owner of the building, structure, structures), as well as the time frame within which compliance with such requirements must be ensured. In this case, the period during which the fulfillment of such requirements must be ensured by the developer must be at least five years from the date of commissioning of the building, structure, or structure.
5. Energy efficiency requirements do not apply to the following buildings, structures, structures:
1) religious buildings, structures, structures;
2) buildings, structures, structures that, in accordance with the legislation of the Russian Federation, are classified as objects of cultural heritage (historical and cultural monuments);
3) temporary buildings whose service life is less than two years;
4) objects of individual housing construction (detached residential buildings intended for single-family residence with no more than three floors), country houses, garden houses;
5) buildings, structures for auxiliary use;
6) detached buildings, structures, structures, the total area of ​​which is less than fifty square meters;
7) other buildings, structures, structures determined by the Government of the Russian Federation.
6. It is not allowed to put into operation buildings, structures, structures that have been constructed, reconstructed, undergone major repairs and do not meet the requirements for energy efficiency and the requirements for equipping them with metering devices for the energy resources used.
7. Developers are obliged to ensure compliance of buildings, structures, structures with energy efficiency requirements and the requirements for equipping them with metering devices for used energy resources by selecting optimal architectural, functional-technological, structural and engineering solutions and their proper implementation during construction, reconstruction, and major repairs .
8. Verification of the compliance of buildings, structures, and structures put into operation with the requirements of energy efficiency and the requirements for equipping them with metering devices for energy resources used is carried out by the state construction supervision body during the implementation of state construction supervision. In other cases, control and confirmation of compliance of buildings, structures, and structures put into operation with energy efficiency requirements and the requirements for equipping them with metering devices for energy resources used is carried out by the developer.
9. Owners of buildings, structures, structures, owners of premises in apartment buildings are obliged to ensure compliance of buildings, structures, structures, apartment buildings with established energy efficiency requirements and the requirements for their equipment with metering devices for energy resources used (except for the requirements, the implementation of which is ensured in accordance with this Federal law is entrusted to other persons) during the entire period of their service by organizing their proper operation and timely elimination of identified inconsistencies.
10. If a fact of non-compliance of a building, structure, structure or their individual elements, their structures with the requirements of energy efficiency and (or) the requirements for their equipment with metering devices for energy resources used is revealed, which arose as a result of the developer’s failure to comply with these requirements, the owner of the building, structure or structure, owners premises in an apartment building has the right to demand, at his choice, from the developer the free elimination within a reasonable period of time of the identified non-compliance or reimbursement of the expenses incurred by them to eliminate the identified non-compliance. Such a requirement may be presented to the developer if the specified fact of non-compliance is revealed during the period during which, according to energy efficiency requirements, their compliance must be ensured during the design, construction, reconstruction, major repairs of a building, structure, structure.

Download Law Federal Law No. 261 of November 23, 2009 “On Energy Saving and Increasing Economic Efficiency” (entire text of Law Federal Law No. 261)

Article 12. Ensuring energy saving and increasing energy efficiency in the housing stock, in horticultural, gardening and dacha non-profit associations of citizens

1. The energy efficiency class of an apartment building built, reconstructed or undergone major repairs and put into operation, as well as subject to state construction supervision, is determined by the state construction supervision body in accordance with the rules approved by the authorized federal executive body for determining the energy efficiency class of apartment buildings, requirements to which are established by the Government of the Russian Federation. The energy efficiency class of an apartment building being put into operation is indicated in the conclusion of the state construction supervision body on the compliance of the constructed, reconstructed, or majorly overhauled apartment building with energy efficiency requirements.
2. The developer is obliged to place an indicator of its energy efficiency class on the facade of an apartment building being put into operation. The owners of premises in an apartment building are obliged to ensure the proper condition of the indicator of the energy efficiency class of the apartment building and, if the energy efficiency class of the apartment building changes, ensure that this indicator is replaced. Requirements for the energy efficiency class indicator of an apartment building are established by the authorized federal executive body.
3. When exercising state control over the compliance of an apartment building, which was assigned an energy efficiency class upon commissioning, with the energy efficiency requirements during the operation of the apartment building, the executive body authorized to exercise state control over compliance with the rules for maintaining the common property of the owners of premises in the apartment building, determines the energy efficiency class of an apartment building based on the current values ​​of indicators used to determine the apartment building’s compliance with energy efficiency requirements, and other information about the apartment building. A copy of the act of checking the compliance of an apartment building with energy efficiency requirements, indicating the energy efficiency class of the apartment building at the time of drawing up this act, must be sent to the local government body that maintains the information system for supporting urban planning activities.
4. In order to increase the level of energy saving in the housing stock and its energy efficiency, the list of requirements for the maintenance of common property of premises owners in an apartment building includes requirements for carrying out energy saving measures and increasing the energy efficiency of an apartment building. In accordance with the principles established by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation approve a list of measures to save energy and increase energy efficiency in relation to the common property of owners of premises in an apartment building, to be carried out simultaneously and (or) regularly. The person responsible for the maintenance of an apartment building, or in the direct management of an apartment building, the owners of premises in an apartment building are obliged to carry out energy saving and energy efficiency measures included in the approved list of energy saving and energy efficiency measures in relation to the common property of the owners of premises in an apartment building, with the exception of cases of carrying out these activities earlier and preserving the results of their implementation. Owners of premises in an apartment building are required to bear the costs of carrying out these activities. In order to reduce the costs of carrying out these activities, the owners of premises in an apartment building have the right to demand from the person responsible for the maintenance of the apartment building to take actions aimed at reducing the amount of energy resources used in the apartment building, and (or) the conclusion by this person of an energy service agreement (contract) , ensuring a reduction in the volume of energy resources used in an apartment building.
5. An organization that supplies energy resources to an apartment building on the basis of a public contract is regularly (at least once a year) obliged to propose a list of measures for an apartment building, a group of apartment buildings, both in relation to the common property of the owners of premises in the apartment building, and in in relation to premises in an apartment building, the implementation of which contributes to a greater extent to the energy saving of energy resources supplied by this organization to the apartment building and to increasing the energy efficiency of their use. This list of activities should contain an indication of:
1) the optionality of such events for their implementation by persons to whom this list of events is addressed;
2) the possibility of this organization carrying out certain events from among the events specified in this list at the expense of funds taken into account when establishing regulated prices (tariffs) for its goods and services, as well as at the expense of the owners of premises in an apartment building, including on the basis of energy service agreement (contract), and the projected cost of such individual events;
3) possible performers of the events specified in this list of events and not carried out by this organization, determined on the basis of publicly available sources.
6. The list of activities must be brought to the attention of the owners of premises in an apartment building, the person responsible for the maintenance of the apartment building, by the organization that supplies and sells energy resources, by posting information in the entrances of the apartment building and (or) other premises related to common property owners of premises in an apartment building, as well as in other ways at the discretion of this organization. The approximate form of the list of such events is approved by the authorized federal executive body.
7. The person responsible for the maintenance of an apartment building is regularly (at least once a year) obliged to develop and bring to the attention of the owners of premises in the apartment building proposals on energy saving and energy efficiency measures that can be carried out in the apartment building, indicating expenses for their implementation, the amount of expected reduction in energy resources used and the payback period of the proposed measures.
8. During the heating season, the person responsible for the maintenance of an apartment building is obliged to take actions aimed at regulating the consumption of thermal energy in an apartment building in order to save it, if such regulation is technically possible and subject to compliance with thermal and hydraulic conditions, as well as quality requirements utilities, sanitary standards and regulations. If calculations for the thermal energy consumed in an apartment building are carried out taking into account the magnitude of the heat load, the person responsible for the maintenance of the apartment building is obliged to determine the amount of heat load in compliance with the established requirements for the quality of utilities, sanitary norms and rules and take other actions provided for by the legislation of the Russian Federation in order to optimize the expenses of owners of premises in an apartment building for payment of thermal energy. The person responsible for the maintenance of an apartment building is obliged to bring to the attention of the owners of premises in the apartment building information about the actions carried out in accordance with the requirements of this part or about the impossibility of carrying them out for technological reasons.
9. Executive authorities authorized to exercise state control over compliance with the rules for maintaining the common property of owners of premises in an apartment building are regularly (at least once a year) obliged to inform the population about persons responsible for the maintenance of apartment buildings and subject to administrative punishment for violation established requirements for carrying out measures to save energy and increase energy efficiency, by posting information in the media.
10. The authorized federal executive body approves a list of recommended measures for energy saving and increasing energy efficiency in relation to infrastructure facilities and other common property of horticultural, gardening or dacha non-profit associations of citizens.
11. Executive authorities of the constituent entities of the Russian Federation have the right to approve an additional list of recommended measures for energy saving and increasing energy efficiency in relation to infrastructure facilities and other common property of horticultural, vegetable gardening or dacha non-profit associations of citizens.

Download Law Federal Law No. 261 of November 23, 2009 “On Energy Saving and Increasing Economic Efficiency” (entire text of Law Federal Law No. 261)

Article 13. Ensuring accounting of used energy resources and the use of metering devices for used energy resources when making payments for energy resources

1. Produced, transmitted, consumed energy resources are subject to mandatory accounting using metering devices for energy resources used. The requirements of this article regarding the organization of accounting of energy resources used apply to facilities connected to electrical networks of centralized power supply, and (or) centralized heat supply systems, and (or) centralized water supply systems, and (or) centralized gas supply systems, and (or) other systems of centralized supply of energy resources. If other requirements for the installation sites of metering devices for used energy resources are not established by this Federal Law, other federal laws, other regulatory legal acts of the Russian Federation, compliance with the requirements of this article regarding the organization of metering of used energy resources in relation to facilities connected to centralized supply systems of the relevant energy resource, must ensure accounting of the energy resources used at the points of connection of the specified objects to such systems or in relation to objects used for the transfer of energy resources, at the points of connection of adjacent objects used for the transfer of energy resources and owned by right of ownership or other basis provided for by the legislation of the Russian Federation to different persons. Requirements for the characteristics of metering devices for energy resources used are determined in accordance with the legislation of the Russian Federation. The requirements of this article regarding the organization of accounting of energy resources used do not apply to dilapidated, emergency facilities, facilities subject to demolition or major repairs before January 1, 2013, as well as facilities whose power consumption of electrical energy is less than five kilowatts (in relation to the organization of accounting electrical energy used) or the maximum volume of thermal energy consumption of which is less than two tenths of a gigacalorie per hour (in relation to the organization of accounting of thermal energy used).
2. Payments for energy resources must be made on the basis of data on the quantitative value of energy resources produced, transmitted, consumed, determined using metering devices for energy resources used. Metering devices installed in accordance with the requirements of the legislation of the Russian Federation must be put into operation no later than the month following the date of their installation, and their use must begin when making payments for energy resources no later than the first day of the month following the month of commissioning of these metering devices into operation. Payments for energy resources can be carried out without taking into account data obtained using installed and commissioned metering devices for energy resources used, under a supply agreement, a purchase and sale agreement for energy resources, which includes the terms of an energy service agreement (contract). Before installing metering devices for used energy resources, as well as in the event of failure, loss or expiration of the service life of metering devices for used energy resources, payments for energy resources must be carried out using calculation methods for determining the amount of energy resources established in accordance with the legislation of the Russian Federation. At the same time, these calculation methods must determine the amount of energy resources in such a way as to encourage buyers of energy resources to make calculations based on data on their quantitative value, determined using metering devices for energy resources used.
3. Before January 1, 2011, state authorities and local governments ensure the completion of measures to equip buildings, structures, structures used to house these bodies, which are in state or municipal ownership and put into operation on the day this Federal Law comes into force , metering devices used for water, natural gas, thermal energy, electrical energy, as well as putting installed metering devices into operation.
4. Until January 1, 2011, owners of buildings, structures, structures and other objects, which were put into operation on the date of entry into force of this Federal Law and during the operation of which energy resources are used (including temporary facilities), with the exception of the facilities specified in parts 3, 5 and 6 of this article, are required to complete equipping such facilities with meters used water, natural gas, thermal energy, electrical energy, as well as commissioning of installed metering devices.
5. Until January 1, 2012, owners of residential buildings, with the exception of those specified in part 6 of this article, owners of premises in apartment buildings put into operation on the date of entry into force of this Federal Law are obliged to ensure that such houses are equipped with meters for used water, natural gas, thermal energy, electrical energy, as well as the introduction of installed metering devices into operation. At the same time, apartment buildings within the specified period must be equipped with collective (common building) metering devices for used water, thermal energy, electrical energy, as well as individual and common (for a communal apartment) metering devices for used water, natural gas, and electrical energy.
6. Before January 1, 2012, owners of residential buildings, country houses or garden houses put into operation on the day this Federal Law came into force, which are united by common utility networks belonging to them or organizations (associations) created by them, connected to electrical networks centralized electricity supply, and (or) centralized heat supply systems, and (or) centralized water supply systems, and (or) centralized gas supply systems, and (or) other systems of centralized supply of energy resources, are required to ensure the installation of collective (on the border with centralized systems) devices metering of used water, natural gas, thermal energy, electrical energy, as well as putting installed metering devices into operation.
7. Buildings, structures, structures and other objects during the operation of which energy resources are used, including temporary objects put into operation after the date of entry into force of this Federal Law, on the date of their commissioning must be equipped with metering devices for energy resources used resources similar to those specified in parts 3 - 6 of this article. Apartment buildings put into operation from January 1, 2012 after construction and reconstruction must be equipped with additional individual metering devices for used thermal energy, and apartment buildings put into operation from January 1, 2012 after major repairs must be equipped with individual metering devices the thermal energy used if it is technically possible to install them. Owners of metering devices used for energy resources are obliged to ensure proper operation of these metering devices, their safety, and timely replacement.
9. From July 1, 2010, organizations that supply water, natural gas, thermal energy, electrical energy or their transmission and whose engineering and technical support networks have a direct connection to the networks that are part of the engineering and technical equipment of facilities subject to compliance with the requirements of this article, equipped with metering devices for used energy resources, are obliged to carry out activities for the installation, replacement, operation of metering devices for used energy resources, the supply or transmission of which they carry out. These organizations do not have the right to refuse persons who have applied to them to enter into an agreement regulating the conditions for the installation, replacement and (or) operation of metering devices for the energy resources used, the supply or transmission of which they carry out. The price of such a contract is determined by agreement of the parties. For delay in fulfilling the obligation to install, replace and (or) operate these metering devices, the specified organizations pay the consumer for each day of delay a penalty (penalty), determined in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, valid on the day of fulfillment of the obligation, but not more than in the amount of the price of performing work or providing services under the contract. The procedure for concluding and essential terms of such an agreement are approved by the authorized federal executive body. An agreement regulating the conditions for the installation of a collective or individual (common for a communal apartment) metering device for the energy resource used (supply or transfer of which is carried out by the specified organizations) and concluded with a citizen - the owner of a residential building, country house or garden house or a person authorized by him, with a citizen - the owner of the premises in an apartment building or the person responsible for the maintenance of the apartment building, in order to fulfill their obligations provided for in parts 5 and 6 of this article, must contain a condition on payment of the price determined by such an agreement in equal shares within five years from the date of its conclusion , except if the consumer has expressed his intention to pay the price determined by such an agreement in a lump sum or with a shorter installment period. When a provision for installment payment is included in such an agreement, the price determined by such an agreement must include the amount of interest accrued in connection with the provision of installment plans, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in effect on the date of accrual, except in cases where the corresponding compensation is carried out at the expense of the budget of the constituent entity of the Russian Federation, the local budget. A subject of the Russian Federation, a municipal entity has the right to provide, in the manner established by the budget legislation of the Russian Federation, at the expense of the budget of the subject of the Russian Federation, the local budget, support to these organizations by allocating funds to them to reimburse the expenses incurred by them in connection with the provision of installment plans.
10. Until July 1, 2010, the organizations specified in part 9 of this article are obliged to provide the owners of residential buildings specified in part 5 of this article, owners of premises in apartment buildings, persons responsible for the maintenance of apartment buildings, persons representing the interests of the owners specified in part 6 of this article, proposals to equip the facilities specified in parts 5 and 6 of this article with metering devices for energy resources used, the supply or transfer of which is carried out by the specified organizations. The approximate form of a proposal to equip with metering devices for energy resources used is approved by the authorized federal executive body. If the sale of energy resources for the facilities specified in parts 5 and 6 of this article is carried out on the basis of a public contract by an organization other than those specified in part 9 of this article, no later than July 1, 2010 it is obliged to provide the owners of residential buildings specified in part 5 of this article, owners of premises in apartment buildings, persons responsible for the maintenance of apartment buildings, persons representing the interests of the owners specified in part 6 of this article, information received from publicly available sources about possible providers of services for equipping the facilities specified in parts 5 and 6 of this article, metering devices for energy resources used. Persons responsible for the maintenance of apartment buildings are obliged to inform the owners of premises in apartment buildings about proposals received to equip apartment buildings and premises therein with devices for metering the energy resources used, as well as about the deadlines established by this Federal Law for equipping them with meters for the energy resources used.
12. Before January 1, 2012 (in relation to the objects provided for in parts 3 and 4 of this article) and until January 1, 2013 (in relation to the objects provided for in parts 5 and 6 of this article), the organizations specified in part 9 of this article are required to commit actions to equip facilities with metering devices for the energy resources used, the supply and transfer of which the specified organizations carry out, the engineering equipment of which is directly connected to the engineering support networks belonging to them and which, in violation of the requirements of parts 3 - 6 of this article, were not equipped with devices accounting of used energy resources within a specified period. A person who has not fulfilled the obligation to equip these facilities with metering devices for energy resources used within the prescribed period must provide access to the specified organizations to the installation sites for metering devices used for energy resources and pay the costs of these organizations for the installation of these metering devices. In case of refusal to pay expenses on a voluntary basis, a person who has not fulfilled the obligation to equip these facilities with meters for energy resources used within the prescribed period must also pay the expenses incurred by these organizations in connection with the need for forced collection. At the same time, citizens - owners of residential buildings, country houses or garden houses, citizens - owners of premises in apartment buildings who have not fulfilled within the prescribed period the duties provided for in parts 5 and 6 of this article, if this required the said organizations to take actions to install metering devices used energy resources, pay in equal installments for five years from the date of their installation the costs of these organizations for the installation of these metering devices, provided that they do not express their intention to pay such costs at a time or with a shorter installment period. In the case of installment plans, the costs of installing meters for energy resources used are subject to increase by the amount of interest accrued in connection with the provision of installment plans, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in effect on the date of accrual, except in cases where the corresponding compensation carried out at the expense of the budget of the constituent entity of the Russian Federation, the local budget. After January 1, 2012 (in relation to the facilities specified in parts 3 and 4 of this article, and similar facilities put into operation after the date of entry into force of this Federal Law) and January 1, 2013 (in relation to the facilities specified in parts 5 and 6 of this article, and similar facilities put into operation after the date of entry into force of this Federal Law), the provisions of this part must be complied with in all cases of detection by these organizations of facts of violations of the requirements established by this article for the accounting of energy resources used using their metering devices and failure to eliminate such violations by the perpetrator face them before the expiration of two months from the moment of their detection. The specified organizations, when identifying facts of failure by the owners of metering devices for energy resources used, to ensure the proper operation of these metering devices and failure to eliminate such failure before the expiration of two months from the date of its discovery, are also obliged to begin operating these metering devices, attributing the costs incurred to the owners of these metering devices. The owners of these metering devices are obliged to provide access to the specified organizations to the metering devices for the energy resources used and to pay the costs of the specified organizations for their operation, and in case of refusal to pay the costs on a voluntary basis, to pay the costs incurred by the specified organizations in connection with the need for forced collection.

Download Law Federal Law No. 261 of November 23, 2009 “On Energy Saving and Increasing Economic Efficiency” (entire text of Law Federal Law No. 261)

Article 16. Mandatory energy inspection

1. An energy audit is mandatory for the following persons:
1) state authorities, local government bodies vested with the rights of legal entities;
2) organizations with the participation of the state or municipality;
3) organizations carrying out regulated activities;
4) organizations engaged in the production and (or) transportation of water, natural gas, thermal energy, electrical energy, production of natural gas, oil, coal, production of petroleum products, processing of natural gas, oil, transportation of oil and petroleum products;
5) organizations whose total costs for the consumption of natural gas, diesel and other fuels, fuel oil, thermal energy, coal, and electrical energy exceed ten million rubles per calendar year;
6) organizations carrying out activities in the field of energy saving and increasing energy efficiency, financed in whole or in part from the federal budget, budgets of constituent entities of the Russian Federation, local budgets.
2. The persons specified in part 1 of this article are obliged to organize and conduct the first energy survey during the period from the date of entry into force of this Federal Law until December 31, 2012, subsequent energy surveys - at least once every five years.
3. In order to identify the persons specified in Part 1 of this article, the federal executive body authorized to exercise state control over compliance with the requirement to conduct a mandatory energy inspection within a specified time frame has the right to request, in accordance with its competence, and receive free of charge from:
1) organizations that sell and supply energy resources, data on the volume and cost of the energy resources they supply to organizations that are consumers of these supplied energy resources;
2) state authorities, local governments, organizations, information and materials necessary for the implementation of state control over compliance with the requirement to conduct a mandatory energy inspection within the established time frame.

Download Law Federal Law No. 261 of November 23, 2009 “On Energy Saving and Increasing Economic Efficiency” (entire text of Law Federal Law No. 261)

Article 24. Ensuring energy saving and increasing energy efficiency by budgetary institutions

1. Starting from January 1, 2010, a budgetary institution is obliged to ensure a reduction in comparable conditions in the volume of water, diesel and other fuels, fuel oil, natural gas, thermal energy, electrical energy, coal consumed by it within five years by no less than fifteen percent of the volume actually consumed by him in 2009 of each of these resources with an annual decrease in such volume by no less than three percent.
2. Starting from January 1, 2010, the main managers of budgetary funds plan budgetary allocations to ensure the performance of functions (provision of state and municipal services) by budgetary institutions under their jurisdiction on the basis of data on the volume actually consumed by budgetary institutions in 2009 of each of those specified in part 1 of this article of resources, reduced in comparable conditions by fifteen percent over five years with an annual decrease in such volume by three percent. When planning budgetary allocations for a budgetary institution, the reduction in expenses of the budgetary institution achieved by it as a result of reducing the volume of resources actually consumed by it in excess of the volume established in accordance with Part 1 of this article is not taken into account.
3. Savings achieved due to an additional reduction in the budgetary institution’s consumption of the resources specified in Part 1 of this article, compared to the reduction taken into account when planning budget allocations, are used in accordance with the budgetary legislation of the Russian Federation to ensure the performance of functions (provision of state and municipal services) by the relevant institution , including an increase in the annual wage fund (without taking into account the specified increase when indexing wage funds).

Download Law Federal Law No. 261 of November 23, 2009 “On Energy Saving and Increasing Economic Efficiency” (entire text of Law Federal Law No. 261)

Article 30. On amendments to the Law of the Russian Federation "On the Protection of Consumer Rights"

Article 31. On amendments to the Federal Law "On state regulation of tariffs for electrical and thermal energy in the Russian Federation"

Article 32. On amendments to the Federal Law “On Accounting”(entire text of Federal Law No. 261 “On Energy Saving”)

Article 33. On amendments to the Budget Code of the Russian Federation(entire text of Federal Law No. 261 “On Energy Saving”)

Article 34. On amendments to part one of the Tax Code of the Russian Federation (entire text of Federal Law No. 261 “On Energy Saving”)

Article 35. On amendments to the Federal Law "On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation"(entire text of Federal Law No. 261 “On Energy Saving”)

Article 36. On amendments to part two of the Tax Code of the Russian Federation (entire text of Federal Law No. 261 “On Energy Saving”)

Article 37. On amendments to the Code of the Russian Federation on Administrative Offenses (entire text of Federal Law No. 261 “On Energy Saving”)

3) Chapter 9 should be supplemented with Article 9.16 with the following content:

"Article 9.16. Violation of legislation on energy saving and increasing energy efficiency

1. Release by a manufacturer or import into the territory of the Russian Federation by an importer of a product without including information about its energy efficiency class, other mandatory information on energy efficiency in the technical documentation attached to the product, in its markings, on its label, as well as violation of the established rules for including this information -

2. Sales of goods without information about their energy efficiency class, other mandatory information about energy efficiency in the technical documentation attached to the goods, in their markings, on their labels if the presence of such information is mandatory -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to fifteen thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from ten thousand to fifteen thousand rubles with or without confiscation of goods that were the subject of an administrative offense; for legal entities - from one hundred thousand to one hundred fifty thousand rubles with or without confiscation of goods that were the subject of an administrative offense.
3. Failure to comply with energy efficiency requirements and requirements for their equipment with metering devices for energy resources used during the design, construction, reconstruction, and major repairs of buildings, structures, structures -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from forty thousand to fifty thousand rubles; for legal entities - from five hundred thousand to six hundred thousand rubles.
4. Failure by persons responsible for the maintenance of apartment buildings to comply with the energy efficiency requirements for apartment buildings, the requirements for their equipment with metering devices for the energy resources used, the requirements for carrying out mandatory energy saving measures and increasing the energy efficiency of the common property of the owners of premises in apartment buildings shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from ten thousand to fifteen thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.
5. Failure of persons responsible for the maintenance of apartment buildings to comply with the requirements for the development and communication to the owners of premises in apartment buildings of proposals on measures for energy saving and increasing energy efficiency in apartment buildings -
shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from ten thousand to fifteen thousand rubles; for legal entities - from twenty thousand to thirty thousand rubles.
6. Failure of organizations obligated to carry out activities related to the installation, replacement, operation of metering devices for energy resources used, the supply or transfer of which they carry out, with the requirement to provide owners of residential buildings, country houses, garden houses, persons representing their interests, owners of premises in apartment buildings, to persons responsible for the maintenance of apartment buildings, proposals to equip them with metering devices for energy resources used, if the provision of these proposals to such persons is mandatory, -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand rubles; for legal entities - from one hundred thousand to one hundred fifty thousand rubles.
7. Failure by the owners of non-residential buildings, structures, structures during their operation to comply with the energy efficiency requirements for such buildings, structures, structures, and the requirements for their equipment with metering devices for the energy resources used -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to fifteen thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from twenty thousand to thirty-five thousand rubles; for legal entities - from one hundred thousand to one hundred fifty thousand rubles.
8. Failure to comply with the deadlines for conducting mandatory energy inspections -
shall entail the imposition of an administrative fine on officials in the amount of ten thousand to fifteen thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from ten thousand to fifteen thousand rubles; for legal entities - from fifty thousand to two hundred and fifty thousand rubles.
9. Failure to comply with the requirement to submit a copy of the energy passport drawn up based on the results of the mandatory energy inspection to the authorized federal executive body -
shall entail the imposition of an administrative fine on officials in the amount of five thousand rubles; for legal entities - ten thousand rubles.
10. Failure of organizations with the participation of the state or municipality, as well as organizations carrying out regulated activities, to comply with the requirements for the adoption of programs in the field of energy saving and increasing energy efficiency -
shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.
11. Placing orders for the supply of goods, performance of work, provision of services for state or municipal needs that do not meet the requirements of their energy efficiency -
shall entail the imposition of an administrative fine on officials in the amount of twenty-five thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.
12. Unreasonable refusal or evasion of an organization obliged to carry out activities related to the installation, replacement, operation of metering devices for energy resources used, the supply or transfer of which they carry out, from concluding the relevant agreement and (or) from its execution, as well as violation of the established procedure for its conclusion or failure by such an organization to comply with the mandatory requirements established for it for the installation, replacement, or operation of metering devices for energy resources used -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from twenty thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.";

Article 38. On amendments to the Federal Law "On Technical Regulation"(entire text of Federal Law No. 261 “On Energy Saving”)

Article 39. On amendments to the Federal Law “On Electric Power Industry”(entire text of Federal Law No. 261 “On Energy Saving”)

Article 40. On amendments to the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”(entire text of Federal Law No. 261 “On Energy Saving”)

Article 41. On amendments to the Housing Code of the Russian Federation(entire text of Federal Law No. 261 “On Energy Saving”)

Article 42. On amendments to the Town Planning Code of the Russian Federation(entire text of Federal Law No. 261 “On Energy Saving”)

Article 43. On amendments to the Federal Law "On the basis for regulating tariffs of public utility organizations" (entire text of Federal Law No. 261 “On Energy Saving”)

Article 44. On amendments to the Federal Law "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs"(entire text of Federal Law No. 261 “On Energy Saving”)

Article 45. On amendments to the Federal Law "On the Fund for Assistance to the Reform of Housing and Communal Services"(entire text of Federal Law No. 261 “On Energy Saving”)

Article 46. On amendments to the Federal Law "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control"(entire text of Federal Law No. 261 “On Energy Saving”)

Article 47. On the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation(entire text of Federal Law No. 261 “On Energy Saving”)

Article 49. Entry into force of this Federal Law

1. This Federal Law comes into force on the date of its official publication, with the exception of Articles 34, 36 and 37 of this Federal Law.
2. Articles 34 and 36 of this Federal Law come into force after one month from the date of official publication of this Federal Law.
3. Article 37 of this Federal Law comes into force one hundred and eighty days after the day of official publication of this Federal Law.

Download Law Federal Law No. 261 of November 23, 2009 “On Energy Saving and Increasing Economic Efficiency” (entire text of Law Federal Law No. 261)

Unofficial edition