FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 30, 2021 No. 446-FZ

About introduction of amendments to the Federal law "About Environmental Protection" and separate legal acts of the Russian Federation

Accepted by the State Duma on December 21, 2021

Approved by the Federation Council on December 24, 2021

Article 1

Bring in the Federal Law of January 10, 2002 No. 7-FZ "About environmental protection" (The Russian Federation Code, 2002, No. 2, Art. 133; 2004, No. 35, Art. 3607; 2006, No. 1, Art. 10; 2011, No. 30, Art. 4590, 4596; No. 48, Art. 6732; 2012, No. 26, Art. 3446; 2013, No. 30, Art. 4059; No. 52, Art. 6971; 2014, No. 30, Art. 4220; No. 48, Art. 6642; 2015, No. 1, Art. 11; No. 27, Art. 3994; 2016, No. 26, Art. 3887; No. 27, Art. 4291; 2019, No. 52, Art. 7771; 2021, No. 11, Art. 1704; No. 24, Art. 4188) following changes:

The paragraph the twenty first Article 5 to state 1) in the following edition:

"presentation of compensatory actions, the compensating payment caused to the environment owing to violations of mandatory requirements, and also recovery suits specified in article 56.1 of this Federal Law;";

The paragraph the twelfth Article 6 to state 2) in the following edition:

"presentation of compensatory actions, caused to the environment owing to violations of mandatory requirements;";

The paragraph of the eighth of Item 2 of Article 11 to state 3) in the following edition:

"make compensatory actions in court, caused to the environment owing to violations of mandatory requirements;";

The paragraph the thirteenth Item 1 of Article 12 to state 4) in the following edition:

"make compensatory actions in court, caused to the environment owing to violations of mandatory requirements;";

To add 5) with Article 16.6 of the following content:

"Article 16.6. Use of payment for negative impact on the environment

1. The payment for negative impact on the environment enlisted in budgets of budget system of the Russian Federation goes for identification and assessment of objects of cumulative harm to the environment and (or) the organization of works on liquidation of cumulative harm to the environment in case of availability in the territory of the subject of the Russian Federation (municipality) of objects of cumulative harm to the environment, and in case of their absence - on other actions for prevention and (or) decrease in negative impact of economic and other activity on the environment, preserving and recovery of the environment, rational use and reproduction of natural resources, providing ecological safety.

2. Use of the payment for negative impact on the environment enlisted in budgets of budget system of the Russian Federation is performed according to the procedure, established by the budget legislation of the Russian Federation, according to the actions plan, specified in Item 1 of this Article, the subject of the Russian Federation, the approved authorized body of the government of the subject of the Russian Federation in coordination with the authorized Government of the Russian Federation federal executive body.

3. Procedure for development and approval of the actions plan, specified in Item 1 of this Article, the subject of the Russian Federation, and also structure of such plan and requirement to its content are established by the Government of the Russian Federation.

4. The payment for negative impact on the environment has special-purpose character and cannot be used on the purposes which are not provided by this Article.";

Item 2 of Article 50 to state 6) in the following edition:

"2. In case of architectural and construction designing, construction, reconstruction, capital repairs, commissioning, operation and conclusion from operation of capital construction projects which are hazardous production facilities and (or) in which there are hazardous production facilities use of the technologies connected with negative impact of microorganisms on the environment requirements in the field of environmental protection shall be observed.";

To add 7) with Chapter VII.1 of the following content:

"Chapter VII.1. Features of environmental protection in case of operation and conclusion from operation (preservation or liquidation) separate production facilities

Article 56.1. Requirements in the field of environmental protection in case of operation and conclusion from operation (preservation or liquidation) separate production facilities

1. In case of operation and conclusion from operation (preservation or liquidation) the production facilities which are hazardous production facilities of I and II classes of danger and subjects to inclusion in the register of separate production facilities based on criteria of reference of hazardous production facilities of I and II classes of danger to separate hazardous production facilities established by the Government of the Russian Federation (further also - separate hazardous production facilities), by subjects to placement of waste of I and II classes of danger (further also - separate production facilities), requirements in the field of environmental protection shall be observed.

Maintaining the register of separate production facilities is performed by the federal executive body authorized by the Government of the Russian Federation on implementation of federal state environmental control (supervision), according to the procedure, established by the Government of the Russian Federation.

2. In case of conclusion from operation (preservation or liquidation) separate production facility actions for prevention and liquidation of environmental pollution as a result of operation of separate production facility according to the actions plan on prevention and liquidation of environmental pollution as a result of operation of separate production facility shall be realized (further in this Chapter - the actions plan).

3. Legal persons, individual entrepreneurs who belong separate production facilities except for of mines of the coal industry (further also - coal mines), not later than five years before the expiration of the useful life of buildings and constructions containing in the project documentation which are separate hazardous production facilities and (or) in which there are separate hazardous production facilities and (or) useful life of subjects to placement of waste of I and II classes constitute danger in the federal executive body authorized by the Government of the Russian Federation on implementation of federal state environmental control (supervision):

1) actions plan;

2) data on the conclusion of the state environmental assessment of the actions plan;

3) data on the conclusion about justification of determination of estimated cost of implementation of actions, provided by the actions plan;

4) the documents confirming financial provision of implementation of actions, provided by the actions plan.

4. Legal persons, individual entrepreneurs who belong coal mines not later than five years before the expiration which is the earliest of the term of use of the subsoil plot established by the license to use subsoil or the term of mining of minerals provided by the engineering design of development of mineral deposits represent to the federal executive body authorized by the Government of the Russian Federation on implementation of federal state environmental control (supervision):

1) actions plan;

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