ORDER OF THE MINISTRY OF DEVELOPMENT OF COMMUNITIES AND TERRITORIES OF UKRAINE

of August 19, 2020 No. 191

About approval of procedures for development, approval and approval of investing programs of subjects of managing in spheres of heat supply, centralized water supply and drainage system which licensing of activities perform Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations

According to part three of article 26-1 of the Law of Ukraine "About heat supply",   "About drinking water, drinking water supply and water disposal" I ORDER to part three of article 18-1 of the Law of Ukraine:

1. Approve such which are applied:

Procedure for development, approval and approval of investing programs of subjects of managing in the field of heat supply which licensing of activities perform Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations;

Procedure for development, approval and approval of investing programs of subjects of managing in the field of centralized water supply and water disposal which licensing of activities perform Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations.

2. To department of economy of life support systems (Kravchenko N.) together with Legal department (Chepelyuk A.) in accordance with the established procedure to provide submission of this order on state registration in the Ministry of Justice of Ukraine.

3. This order becomes effective from the date of its official publication.

4. I reserve control of execution of this order.

 

It is approved: Minister of development of economy, trade and agricultural industry of Ukraine

I. Petrashko

Acting as Chairman of the Antimonopoly Committee of Ukraine

A. Peschanskaya

Acting as Chairman of the Public regulatory service of Ukraine

A. Miroshnichenko

Chief executive of All-Ukrainian association of local government bodies "Association of the Cities of Ukraine"

A. V. Slobozhan

Executive Vice-president of Employers' Confederation of Ukraine

A. Miroshnichenko

Chairman of Joint representative body of trade union associations

G. Osova

The head of the Secretariat of Joint representative body of the party of employers at the national level

R. Ilyichev

Approved by the Order of the Ministry of development of communities and the territories of Ukraine of August 19, 2020, No. 191

Procedure for development, approval and approval of investing programs of subjects of managing in the field of heat supply which licensing of activities perform Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations

I. General provisions

1. This Procedure establishes the mechanism of development, approval and approval of investing programs of subjects of managing in the field of heat supply which licensing of activities perform Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations, and the subjects of managing rendering (or have intention to render) delivery services of heat energy and supply of hot water, for the purpose of determination of justification of the capital investments and/or expenses planned by them in structure of investment component of rates for heat energy on rate, rates for the delivery services of heat energy and supply of hot water established on the principles of economic feasibility, and also target use of means by subjects of managing.

2. Action of this Procedure extends to subjects of natural monopolies and subjects of managing in the adjacent markets which according to the Law of Ukraine "About licensing of types of economic activity" obtained the corresponding license for the right of implementation of economic activity on production of heat energy (except activities for production of heat energy on combined heat and power plants, thermal power plants, nuclear power plants and cogeneration installations), to its transportation by the high-level and local (distribution) thermal networks and supply, and the subjects of managing rendering (or have intention to render) delivery services of heat energy and supply of hot water (further - subjects of managing).

3. In this Procedure terms are used in such values:

production investments from profit - certain profit share which is formed from economic activity of the subject of managing and goes for financing of actions of the investing program aimed at the production development;

sources of financing of investing program (further - financing sources) - the means received by the subject of managing from implementation of licensed activities at the expense of which financing of actions of investing program, in particular, the depreciation charges is performed, production investments from profit (means in the amount provided in the established rates for accomplishment of investing programs) and other receipts received from implementation of the economic activity connected and not connected with the licensed type of activity (further - own means), and borrowed funds (bonded loans, bank loans), the raised funds (the means received from sale of shares, attracted under agreements of financial leasing, share and other fees of citizens and legal entities, investors, grants), budgetary funds;

actions - acquisition of works, goods and services which are directed to updating of fixed assets, increase in production efficiency, ensuring accounting of natural and energy resources, sales amounts of services; optimizations of technological costs and losses of heat energy; improvement of quality of provision of services, level of production organization and other which influence components of rates;

the accounting period - the period of action of investing program for which the subject of managing reports on accomplishment of investing program;

the planned period - the period lasting 12 months for which forming of rates in which structure appropriate sources of financing for accomplishment of investing program are provided is performed;

forecast period - the term for which the investing program and which is equal to the planned period or exceeds it, but no more deadline of realization of investing program is developed;

productive indicators - the indicators determined following the results of the analysis (commercial, technical, financial, economic risk analysis, etc.), the characterizing results of accomplishment of investing program and based on which the efficiency evaluation and feasibility of use of the means provided by the financial plan for achievement of its purposes and realization of tasks is performed;

authorized body - local government body which according to the laws of Ukraine "About local self-government in Ukraine" and "About heat supply" is authorized to establish rates for heat energy and rates for delivery services of heat energy and supply of hot water.

Other terms in this Procedure are used in the values given in the Law of Ukraine "About heat supply", the Procedure for forming of rates for heat energy, its production, transportation and delivery, delivery services of heat energy and supply of hot water approved by the resolution of the Cabinet of Ministers of Ukraine of June 01, 2011 No. 869 (in edition of the resolution of the Cabinet of Ministers of Ukraine of April 3, 2019 No. 291) and the Procedure for preparation, realization, monitoring and completion of projects implementation of economic and social development of Ukraine which are supported by international financial institutions, No. 70 approved by the resolution of the Cabinet of Ministers of Ukraine of January 27, 2016.

II. Development of investing programs

1. For the purpose of reasons for the planned expenses of the subjects of managing directed to capital investments into construction, reconstruction, upgrade of objects of heat supply, acquisition of the tangible and intangible assets and/or amounts directed to return of the credits, payments for agreements of financial leasing and other obligations which are planned to be used for financing of the specified purposes the company develops investing program, approves it and provides approval.

In case the subject of managing performs (intends to perform) the corresponding type of economic activity in borders of several territorial communities, the investing program is developed for each territorial community separately.

2. The investing program is developed according to requirements of this Procedure with indication of amounts and sources of financing of actions (excluding tax on value added (further - the VAT) and shall contain:

1) the title page in the form given in appendix 1;

2) content of investing program;

3) information card of the subject of managing of investing program in the form given in appendix 2;

4) the financial plan of use of means for accomplishment of investing program; the financial plan of use of means for accomplishment of investing program and their accounting in structure of rates for 12 months; the cost plan on financing sources on accomplishment of investing program for accounting in structure of rates for 12 months in the forms given in appendices 3 - 5, the existing and/or planned rates calculated according to structure and the raised funds during implementation of economic activity and with obligatory determination of sources of financing of actions of this investing program;

5) the explanatory note which shall contain:

summary of the subject of managing;

conclusions about need of implementation of investing program; reasons for investment costs on their components;

the analysis of influence of results of program implementation on structure of rate in planned and forecast periods;

the generalized characteristic of objects in the field of heat supply in the form given in appendix 6;

6) the description of actions of investing program for the planned and forecast periods which shall contain:

feasibility statement on need and feasibility of implementation of actions;

determination of payback period and economic effect of implementation of actions of investing program (in case of impossibility - to provide reasonable explanations), the analysis of alternative technical solutions;

reasons for cost of the planned actions with provision of commercial offers (at least two);

the summary estimate calculation of construction cost of object approved by the customer which construction is provided by investing program for the planned period, and sheets of resources to it;

the copy of the report on conducting examination of estimate part of the project documentation for the planned period according to the Law of Ukraine "On regulation of town-planning activities";

7) in case of planning of attraction or obtaining for date of development of investing program of loan, credit for financing of the actions provided by investing program for the planned or forecast period are provided:

the written feasibility statement on receipt of loan, credit (business plan) approved by subject of managing, approved by the executive in charge and local government body;

forecast schedule of financing;

repayment schedule of interest for using loan and main amount of borrowing;

the analysis of influence of realization (at the expense of borrowing facilities) investing program on structure and price level on heat supply;

calculation of the expected result from implementation of actions and feasibility of their financing at the expense of the obtained loan;

the decision of local government body on approval of borrowings made according to the Procedure and conditions of approval by the licensees performing economic activity on production of heat energy, transportation of heat energy by the high-level and local (distribution) thermal networks and delivery of heat energy which licensing of economic activity is performed regional and Kiev city by public administrations, local government bodies of borrowings from foreign states, banks and international financial institutions for implementation of investment projects, to No. 561 approved by the resolution of the Cabinet of Ministers of Ukraine of June 05, 2019;

information concerning compliance to the scheme of optimization of the actions planned to accomplishment at the expense of borrowing facilities;

copy of the agreement on receipt of loan, credit (in the presence);

8) obligations of the subject of managing on achievement of the expected results of realization of investing program in the field of licensed activities and provision of utilities, in particular, relatively:

decrease in specific expenses, and also losses of resources;

ensuring technological accounting of delivery of heat energy;

reduction of above-standard losses taking into account requirements of the Procedure for the forming of rates for heat energy, its production, transportation and delivery, delivery service of heat energy and supply of hot water approved by the resolution of the Cabinet of Ministers of Ukraine of June 1, 2011 No. 869 (in edition of the resolution of the Cabinet of Ministers of Ukraine of April 03, 2019 No. 291);

quality assurances of services in the field of heat supply;

increases in ecological safety and environmental protection;

improvements of condition of labor protection;

9) estimated prices of purchases which are applied when forming investing program.

Final price of purchases is determined by the subject of managing on the competitive beginnings according to requirements of the Law of Ukraine "About public purchases".

3. In case of lack of ensuring 100 percent technological accounting of heat energy on heat supply sources installation of the relevant metering stations of heat energy joins in investing program as first-priority measure.

4. In case of prediscretion of the actions for development of the project documentation on implementation of works planned for future periods the investing program joins funds for such development in the amounts calculated according to requirements of the state construction regulations with reasons for cost of development of the project documentation and provision of the relevant commercial offers.

5. The volumes of investment are determined proceeding from technical condition of fixed assets, the principles of cost efficiency and feasibility of implementation of the relevant activities, and also taking into account their influence on price level.

6. Before establishment of the rates providing compensation of economically reasonable planned costs, the amount of funds for financing of investing programs is determined within the depreciation charges added by the company for the accounting period preceding approval of investing program.

7. Planning of actions of investing program is based first of all on the actions provided by the scheme of heat supply of the settlement, results of the booked energy audit (in the presence), productive indicators.

In case of inclusion in investing program of the actions connected with decrease in the actual losses of heat energy in thermal networks (including on construction, reconstruction, upgrade) objects in the field of centralized heat supply, in investing program the cost of accomplishment of such actions with amounts of their financing, the periods of accomplishment of actions, and also specific amounts and level of decrease in the actual losses of heat energy in networks on certain periods surely is specified.

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