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Legislation Print

This section presents the basic regulations governing the activities for the development of energy efficiency and energy savings:

-Presidential Decree of 04.06.2008 N889 «On some measures to improve the energy and environmental efficiency of the Russian economy"

-Presidential Decree of 13.05.2010 N579 «On the evaluation of the effectiveness of activity of the executive authorities of the Russian Federation and local authorities in urban districts and municipalities in the field of energy saving  and energy efficiency".

-Federal Law of 27.11.2009 N261-FZ "On energy saving and improvements of energy efficiency  and amendments to certain legislative acts of the Russian Federation".

Legislative Acts of the Russian Federation on energy savings and energy efficiency and system of regulation for energy saving.

Federal Law № 261-FZ "On energy saving and energy efficiency", other Federal laws: changes to the Housing Code, the Urban Development Code., NC, BC, Federal Law № 94, № 41, № 35, № 210, № 131, № 185 , № 66, № 194, № 184 - on technical regulation, the development plan by-laws (RF Government Order of 01.09.2009 № 1830-p) 49 bylaws.

1. Decisions and orders of the Government of the Russian Federation, laws and other normative acts of the subjects of the Russian Federation, adopted within the authority:

1.1. Housing legislation;

1.2. Legislation urban development activities;

1.3. Legislation on the state (municipal) procurement.

2. Normative acts of ministries and departments, local law adopted within the authority:

2.1. Legislation on the state regulation of prices;

2.2. Budget legislation;

2.3. Other branches of law

Direct requirements to:

• turnover and product labeling;

• new construction and maintenance of buildings during operation;

• content of housing;

• organization of energy accounting;

• inspection of mandatory energy examination

• the implementation of regional and municipal programs;

• public procurement system;

• organizations with participation of state and local government;

• regulated organisations;

• the system of public information support.

Dispositive norms:

• terms of energy service agreements;

• recommends measures for regional and municipal programs;

• opportunities and forms of government support;

• the right to include energy efficiency in education programs.

Tools :

• A system of subsidies;

• tax incentives;

•% reimbursement on loans;

• regulated prices (tariffs);

• Energy Service Agreement;

• voluntary agreements;

• regional and municipal programs.

Responsibility:

• new types of administrative violations;

• Increased responsibility measures.

International Documents:

European Directive 2002/91/EC (EPBD

Federal documents:

Presidential Decree of 04.06.2008 № 889 "On some measures to improve the energy and environmental efficiency  of  Russian economic

Federal Law of 23.11.2009 № 261 -FZ " On energy saving and energy efficiency improvements and on Amendments to Certain Legislative Acts of the Russian Federation";

Federal Law of 29.12.2004 № 188 -FZ "Housing Code of the Russian Federation";

Federal Law of 29.12.2004 № 190 -FZ " Urban development Code of the Russian Federation";

Federal Law of 27.12.2002 № 184-FZ " On Technical Regulation " ;

Federal Law of 27.07.2010 № 190 -FZ " On Heat Supply " ;

Federal Law of 26.03.2003 № 35-FZ " On Electric Power Industry " ;

Federal Law of 21.07.2007 № 185 -FZ "About Fund of assistance to reforming housing and communal services " ;

Federal Law of 06.10.2003 № 131-FZ " On General Principles of organization of Local Self-Government in the Russian Federation " ;

Federal Law of 07.02.1992 № 2300-1 " On Consumer Rights Protection " ;

Tax Code of the Russian Federation;

Secondary federal regulatory acts:

Government Decree of 23.08.2010 № 646 " On the principles of the formation of the executive authorities of the Russian Federation for a list of energy saving and energy efficiency in relation to the common property of the owners of premises in the apartment house " ;

Government Decree of 31.12.2009 № 1225 " On the requirements for regional and municipal programs in the field of energy saving and energy efficiency " ;

RF Government Decree of 01.12.2009 № 1830- "On the approval of the plan for energy saving and energy efficiency in the Russian Federation " ;

Order of Ministry of Economic Development of 17.02.2010 № 61 " On approval of the indicative list of measures in the field of energy saving and energy efficiency, which can be used to develop regional and municipal programs in the field of energy saving and energy efficiency " ;

Order of the Ministry of Energy of 19.04.2010 № 182 " On approval of energy  passport requirements , based on the results of mandatory energy audit and energy passports , compiled on the basis of the construction  documentation , and rules of sending a copy of energy passport drawn up by the results of mandatory energy audit " ;

Order of Ministry of Regional Development of 02.09.2010 № 394 " On approval of the approximate form of a list of measures for an apartment building ( group of buildings ) towards the common property of the owners of premises in an apartment building , and towards  the premises in an apartment building , holding which is more conducive for energy saving and increase using of efficiency of energy resources "

 

Technical federal regulatory and legal acts:

Building regulations 3.05.03-85 Heating networks;

Building regulations 3.05.04-85 * Outdoor networks and facilities of water supply and sanitation;

Building regulations 3.05.06-85 Electrotechnical devices;

Building regulations 3.05.07-85 Systems of automation;

Building regulations 3.03.01-87 ; Bearing and enclosing structures

Building regulations 2.09.04-87 * Administrative and domestic buildings;

Building regulations II-35-76 Boilers;

Building regulations II-58-75 Thermal power plants;

GOST 51541-99 Energy efficiency. Indicators ;

SP 23-101  Construction of thermal protection of buildings  ;

GOST 30494  Parameters of the microclimate in residential and public buildings  ;

GOST 31166-2003 Constructions of enclosing buildings.  Calorimetric method of determination of heat transfer coefficient ;

GOST 31167-2003 Buildings and facilities. Methods for determination of air permeability of enclosing constructions under natural conditions

;GOST 31168-2003 Residential buildings . Method for determination of specific consumption of thermal energy for heating ";

GOST 26254-84 Buildings. Methods for determination of resistance to heat of enclosing constructions ;

GOST 51387-99 Energy Saving. Regulatory and methodological support .

Monitoring of the Federal Law N261-FZ

General provisions

• a ban on the circulation of energy wasteful goods , including the introduction of

• a set of measures of technical regulation;

• the introduction of energy efficiency classes of goods;

• requirements and responsibilities of installation of meters  of all kinds energy;

• energy efficiency requirements for buildings and structures;

• measures to improve energy efficiency in the residential sector;

• development of the institute energy inspections and energy

•measures to improve energy efficiency in the public sector (government procurement, energy service contracts);

• regional and municipal programs on energy saving  and efficiency;

• tariff regulation as a tool to improve energy efficiency;

• measures aimed at improving energy efficiency in the business environment.

Article 11 of the Federal Law of the energy efficiency in buildings, structures

• Indicators of the specific value of energy resources.

• Requirements for architectural, functional, technological, design and engineering solutions which influence for energy efficiency.

• Requirements for individual elements, structures of buildings, structures and their properties, devices, and technologies.

• The requirements of energy efficiency of buildings and structures should be revised at least once every five years

• Commissioning of buildings, structures, constructed, reconstructed after a major overhaul which do not satisfy the requirements of energy efficiency and equipment requirements of metering devices of used energy resources is not allowed

• Developers must ensure buildings and structures according to energy efficiency requirements for not less than five years from the date of commissioning

. • Owners of buildings, structures, owners of premises in apartment buildings must meet energy efficiency requirements within their lifetime.

Distribution of powers and regulatory support in the implementation of the Federal Law N261-FZ

Legal basis of state authorities of the Russian Federation in implementing part of the 261-FZ

1. State policy.

2. Federal programs.

3. Control of public institutions.

4. Rules for determining the energy efficiency classes of apartment buildings.

5. Requirements of energy efficiency of buildings.

6. Principles for determining the list of mandatory measures in an apartment building.

7. Energy efficiency requirements of goods, works and services for state and municipal needs.

8. State control over compliance with the law.

9. The establishing of regulation of state information system on energy saving and energy efficiency and ensuring  its functioning.

10. Requirements to regional, municipal programs in the field of energy saving and energy efficiency.

11. Program requirements of organizations engaged in regulated activities.

12. The forms and methods of state support in the field of energy saving  and energy efficiency and its implementation.

13. Implementation of federal control over compliance with requirements legislation on energy saving

 

 

Ministry of Regional Development of RF

Development of public policy and legal regulation in the sphere of energy efficiency in buildings, structures and facilities, as well as in the field of energy efficiency of the economy of the RF subjects and municipal districts

• The requirements of energy efficiency of buildings, structures

• Rules for determining the energy efficiency class of apartment buildings, as well as requirements for the energy efficiency index class apartment building

• Monitoring and analysis of the implementation of public policies and the effectiveness of legal regulation

• Development and implementation of measures of state support and incentives for energy saving

• Legal regulation in the field of energy saving  and  energy efficiency on energy audits , information support  measures for energy savings  and energy efficiency , accounting of using  energy resources .

• Creation of the state information system on energy saving  and energy efficiency and the conditions for its operation .

 

The Ministry of economic development of the Russian Federation

• Legal regulation in the field of energy efficiency when placing orders for state or municipal needs, ensuring energy efficiency of public  institutions , organizations engaged in regulated activities .

• Sets the model terms of an energy agreement (contract) , which may be included in the contract of sale , supply, transfer of energy resources

.• How to determine the volume reduction of consumed resources budgetary institution under comparable conditions .

• Sets the model terms of an energy agreement (contract), which may be included in the contract of sale, supply, transfer of energy resources.

•Procedure for determining the amount of reduction of resources consumed by public  institution under comparable conditions.

Ministry of energy of RF

• Establishes requirements for energy passport, based on the results of mandatory energy audit or on the basis of project documentation, its form and content, the rules in the direction of energy passport s copy to the Ministry.

• Sets the order of detention and the essential terms of the contract governing the conditions of installation, replacement and (or) operation of meters.

• Approximate form of proposals for set of metering equipment.

• Procedure inspections of SROs in the field of energy audit.

• Introduction of the State Registry of SROs in the field of energy inspection.

• Collect, process, organize, analyze, use of these energy passports.

The Federal Service for Supervision of Consumer Rights Protection and Human Welfare

Implementing state control over compliance of requirements with the inclusion of information about the energy efficiency class of goods in the technical documentation, labeling, on its label.

 

Federal Antimonopoly Service

Implementing state control over compliance of requirements with the inclusion of information about the energy efficiency class of goods in the technical documentation, labeling, on its label.

 

Federal Tariff Service

• Establishes requirements for programs in the field of energy saving  and energy efficiency according  to regulated activities.

• Carries out state control over compliance with the requirement of acceptance of the program.

 

Federal Service for Ecological, Technological and Nuclear Supervision controls

• compliance of requirements of energy efficiency  within its competence in the design , construction, reconstruction , major repairs of buildings , structures and facilities , the requirements for set of metering equipment

• compliance of requirements of energy efficiency  within its competence by  the owners of non-residential buildings and facilities during their operation, demands on their metered energy resources used and compliance of requirements for set of metering equipment.

• Compliance of requirements to adopt energy savings programs with legal entities, the share of which in the authorized capital of the Russian Federation (the subject, MO), is more than 50 percent.

• The mandatory energy audit within the prescribed period.

 

Powers of state authorities of the Russian Federation

• Development and implementation of regional programs.

• Establish requirements for programs of organizations engaged in regulated activities.

• Establishment of a list of obligatory actions in an apartment building

• information support of subject on the territory of the RF of mandatory measures on energy saving and energy efficiency.

• Coordination and control activities of public institutions.

• Regional control of legislation.

 

Powers of local authorities

• Development and implementation of municipal programs.

• Establish requirements for the program of municipal utilities.

• Information support of mandatory measures for energy saving and energy efficiency.

• Coordination and control of activities of municipal institutions.

 

Practical example

Regional legislation of St. Petersburg on energy saving and energy efficiency

• Law of St. Petersburg of 28.06.2010 N334-86 "On the division of powers authorities of St. Petersburg in the field of energy saving and energy efficiency."

• Resolution of the Government of St. Petersburg of 11.11.2009 N1257 «On the Concept of increasing of energy efficiency and stimulus of energy saving."

• implementation of Federal Law "On energy saving and energy efficiency improvements and on Amendments to Certain Legislative Acts of the Russian Federation" on the territory of Saint Petersburg

• Resolution of the Government of St. Petersburg of 27.07.2010 N930 «On the regional program of St. Petersburg in the field of energy saving and energy efficiency (as amended on February 24, 2011)."

•Regulation of the Committee on Tariff of St. Petersburg of 07.04.2010 N33-p "On requirements to programs of organizations in the field of energy saving  and energy efficiency engaged in regulated activities.

Energy efficiency class of apartment building:

• Determined by the state building supervision authority.

• The developer is obliged to place the pointer of energy efficiency class on the facade of building.

 

Energy savings in the residential sector

• List of measures for energy saving and efficiency is approved by the subject of Russian Federation,  which is conducted by a person responsible for the content  of apartment building or owners.

 

• The owners of of premises in an apartment building are required to carry the costs of these activities.

• Organization that conducts the supplying with energy resources of an apartment building on the basis of a public contract, regularly (at least once a year) is required to propose a list of activities for the apartment building.

• The person responsible for the contents of an apartment building regularly (at least once a year) is required to develop and bring to the attention of owners of premises in an apartment building proposals for measures for energy saving and energy efficiency.

• In the heating season, the person responsible for the contents of an apartment building, must carry out actions aimed at regulating the flow of heat in an apartment building with a view of her savings, if there is technical possibility of such regulation. Thermal and hydraulic regimes, as well as requirements to the quality of utilities, sanitary norms and rules must be followed.

 

Mainstreaming of using energy resources:

• Up to 01.2011 state authorities, local self-government.

• Up 01.012012 (from 01.07.2012 to Federal Law N197) owners of residential buildings.

• Apartment buildings put into service since 01.01.2012 after implementation of the construction, reconstruction, must be equipped with an additional individual metering devices for using thermal energy.

• Until 01.01.2015 owners of facilities are obliged to provide facilities by equipment with individual and shared (for communal apartments)meters of natural gas.

• Since 01.07.2010 energy supplying organizations are obliged to work on the installation, replacement, operation of meters of energy resources.

• Contract on Installation of metering device shall include a provision for payment of the price in equal shares during  five years from the date of its conclusion.

• A person who has not performed within the prescribed period the obligation to equip these objects by meters of energy resources must ensure access to such organizations to their place of installation.

• The owners of houses, country houses, apartments in apartment buildings that failed to enforce within the prescribed period of these duties, must pay in equal shares costs for these organizations on installation of meters devices during five years from the date of installation.

• In case of refusal to pay the costs the person who has not performed within the prescribed period duties on equipping the facilities metering devices must also pay the costs incurred by these organizations because of the need of enforcement.

Administrative responsibility for violation of the law in the Russian Federation in the field of energy efficiency on buildings (Article 9.16 AK RF)

• Failure to comply with the design, construction, reconstruction, major repairs of buildings and structures and requirements to energy efficiency and energy meters - the penalty for businesses from 500 to 600 thousand rubles.

• Failure to comply with by the persons responsible for the content of apartment buildings, energy efficiency requirements, - a fine for officials from 5 to 10 thousand rubles for legal entities - from 20 to 30 thousand rubles.

• Failure to comply with by the persons responsible for the content of apartment buildings, the requirements of the development of proposals for energy saving - a fine for officials from 5 to 10 thousand rubles for legal entities - from 20 to 30 thousand rubles.

• Failure to comply with of organizations which are required to carry out activities on the installation, replacement, operation of metering devices, requirements on submitting  proposals for metering devices - fine for legal entities from 100 to 150 thousand rubles.

• Failure to comply with the owners of non-residential buildings and structures during their operation energy efficiency requirements - penalty for businesses from 100 to 150 thousand rubles.

• Failure to comply with the owners of non-residential buildings and structures during their operation on energy efficiency requirements - penalty for businesses from 100 to 150 thousand rubles.

• Delays of mandatory energy audit - fine for legal entities from 50 to 250 thousand rubles.

• Failure to comply with the reporting requirements for copy of Energy Passport  - fine for legal entities 10 000 rubles.

• Failure to comply with organizations with participation of the State or municipality, as well as organizations engaged in regulated activities, the requirement to adopt programs in energy saving, - fine for legal entities from 50 to 100 thousand rubles.

•. Procurement of goods, works and services for state and municipal needs, do not comply with its energy efficiency requirements - the penalty for businesses from 50 to 100 thousand rubles.

• Unreasonable refusal or avoidance by organizations required carry out activities on installation, replacement, operation, installing metering equipment, - fine for legal entities from 50 to 100 thousand rubles.