LAW OF THE REPUBLIC OF MOLDOVA

of May 29, 2014 No. 92

About heat energy and promotion of cogeneration

For the purpose of partial transposition of the Directive 2012/27/EU of the European Parliament and Council of October 25, 2012 about energy efficiency, about change of Directives 2009/125/EC and 2010/30/CE and the cancellation of Directives 2004/8/CE and 2006/32/EC published in the Official magazine of the European Union No. L315 of November 14, 2012

The Parliament adopts this organic law.

Chapter I. Basic provisions

Article 1. Subject of the law

This law regulates specific activities of systems of centralized heat supply for the purpose of increase in energy efficiency in economy in general and decrease in negative impact of the energy sector on the environment, including by means of use of cogeneration technologies.

Article 2. Law purpose

(1) the Purpose of this law are creation of the legal base for effective activities and regulation of systems of centralized heat supply, promotion of cogeneration on the basis of demand for useful heat energy, and also establishment of the principles of implementation of specific activities of systems of centralized heat supply in the conditions of availability, availability, reliability, continuity, competitiveness, transparency, with observance of regulations of quality, safety and environmental protection in case of production, distribution, delivery and consumption of heat energy.

(2) Production of heat energy, distribution of heat energy and delivery of heat energy through system of centralized heat supply are public services of general interest.

(3) For the purpose of implementation of innovative test platforms in the field of regulation in power the owner of the resolution on approval uses departures from application of provisions of this law on condition of observance of procedures, stipulated by the legislation about innovative test platforms in the field of regulation in power, and also on condition of ensuring protection and safety of the population.

Article 3. Scope of application

This law regulates:

1) the principles and tasks of state policy in the field of centralized heat supply, in particular concerning:

a) productions of heat energy;

b) distributions of heat energy;

c) deliveries of heat energy;

d) transparent allocation of costs in case of price fixation on heat energy;

e) guarantees of non-discriminatory access for users to thermal networks;

2) public administration in the field;

3) cogeneration and cogeneration technologies;

4) promotion of cogeneration and systems of centralized heat supply, effective from the energy point of view;

5) determination and approval of regulated rates for heat energy;

6) licensing of the types of activity performed in the heat power sector;

7) rights and obligations of heat power units;

8) safety and reliability of supply of consumers with heat energy;

9) consumer protection;

10) use of technologies of highly effective cogeneration.

Article 4. Tasks of this law

Tasks of this law are:

a) promotion of production of heat energy in the cogeneration mode;

b) safety of supply with fuel of systems of centralized heat supply and reliability of functioning of these systems;

c) ensuring steady supply of consumers with heat energy;

d) quality assurance, reliability and continuity of supply of consumers with heat energy for heating and preparation of hot water for economic domestic needs;

e) ensuring availability of rates to consumers of heat energy;

f) consumer protection;

g) promotion of systems of centralized heat supply;

h) ensuring transparency in case of establishment of rates for heat energy;

i) effective use of energy resources and decrease in its impact on the environment.

Article 5. Basic concepts

For the purpose of this law the following basic concepts are used in value:

the thermal agent or the heat carrier – the thermal flow used for accumulating and distribution of heat energy;

hot water for economic domestic needs - the hot water used in the economic and household or sanitary and hygienic purposes received as a result of heating of drinking water with use of heat energy;

combined heat and power plant – installation or set of installations for the combined production of electrical and heat energy; boiler room – installation or set of installations for production of heat energy;

economically justified demand – demand which does not exceed the necessary need for heating or chilling and which could be satisfied with different way in market conditions, by means of others, than cogeneration, energy production processes; cogeneration – simultaneous production in one process of heat and electrical and/or mechanical energy;

highly effective cogeneration – the cogeneration corresponding to the criteria established in the methodology provided in appendix 1;

the consumer - the physical person or legal entity receiving heat energy as under the agreement, and actually for economic domestic needs or other purposes;

the residential customer - the physical person using heat energy for the economic domestic needs which are not connected with business or professional activity in unit of condominium / on the real estate unit of residential appointment;

not residential customer - the physical person or legal entity using heat energy for the purpose of, other than economic domestic needs in unit of condominium / on the uninhabited real estate unit;

the consumer of the mediated services - the owner of unit of condominium and its full age owner in whose actual possession some time is this unit to which the supplier of heat energy provides the mediated service;

the distributor - the heat power unit performing activities for distribution of heat energy according to this law;

distribution – the activities for transfer of heat energy through thermal network from input Item in thermal network to differentiating Item between thermal network and installations for use of heat energy performed for the purpose of energy supply to consumers;

the measuring equipment – the device, installation or set of installations intended for measurement of amount of heat energy, including heat carrier parameters, legitimized and confided in accordance with the established procedure;

efficiency – the productivity of production process of energy calculated on the basis of the lowest calorific capability of fuel;

global efficiency - ratio of the amount of the made electrical and heat energy and amount of energy of the fuel spent for production of electrical and heat energy in the course of cogeneration;

the electrical energy made by cogeneration – the electrical energy made in the process connected with production of useful heat energy, and calculated according to the general principles provided in appendix 2;

heat energy – the energy containing in physical system which can be transferred to other physical system on the basis of difference of temperatures between the system giving energy and the system accepting the energy intended for heating, preparation of hot water for economic domestic needs and/or for chilling;

useful heat energy – the heat energy made in the course of cogeneration for satisfaction of economically justified demand for heating or chilling;

outsourcing of service or work - transfer of the license by the owner to the third party of service or work which according to this law and according to the licensing conditions provided by this law it shall execute, not providing concession of this license to the third party;

the supplier – the business entity delivering heat energy to consumers. The supplier can be at the same time the producer and/or the distributor of heat energy; installation for use of heat energy – set of installations and intakes of the consumer by means of which heat energy is used;

burning / joint burning of waste in the energy purposes - process of burning of waste on special installations for the purpose of production of heat energy and/or other forms of energy in the cogeneration mode;

the producer – any physical person or legal entity which makes heat energy on combined heat and power plants, stations on production of electrical and heat energy in the mode of highly effective cogeneration, in boiler rooms, including the boiler rooms making heat energy from renewable energy resources for the purpose of that sale;

differentiating Item - the place of differentiation based on the property right of installations on use of heat energy of the consumer from installations of the distributor or the place which is established by the agreement of the parties in case of carrying out by the progressman on reconstruction of collective system of heat supply, and also the place of differentiation based on the property right of installations of heat power units;

accounting point - installation site of the measuring equipment by means of which the amount of heat energy for the purposes of commercial accounting is measured;

connection point - the place of connection/accession on circumstances of the heatstation or installation for consumption of heat energy to the installations which are in property or in management of the distributor;

thermal branch / input - connecting installation between distribution network and installation for use of heat energy of the consumer;

ratio between electrical and heat energy – the ratio between the electrical energy made by cogeneration, and the useful heat energy made only in the cogeneration mode determined with use of operational data of one specific unit;

distribution of amounts of consumptions/costs - set of the actions and actions performed on the basis of the meter readings and data provided by the administrator to associations/managing directors of condominium for the purpose of distribution on each unit of condominium of amounts of consumption of the heat energy delivered to consumers including for preparation of hot water for economic domestic needs in the apartment house connected to system of centralized heat supply;

thermal network - set of pipelines, pumping units, central heat distribution stations, the individual thermal Items located below differentiation Item from the heatstation, thermal power plants which serve for distribution of heat energy before the installations of the consumer using heat energy;

the mediated delivery service of heat energy (further also - the mediated service) - service of heat supply which owners and owners of units in condominium, but which depending on specific provision of condominium for the technical or legal reasons is provided by condominium indirectly based on the agreement signed between the administrator the association/managing director of condominium (the intermediary of provision of services) and the supplier and concerning which the individual agreement cannot be signed by owners or owners of units or for which individual accounts cannot be charged by it use or can use;

system of centralized heat supply - set of production installations, thermal networks and installations for use of heat energy in the settlement or in separate part of the settlement, connected by general process of functioning and intended for production, distribution and uses of heat energy in the form of vapor or hot water several buildings or objects;

the system of centralized heat supply, effective from the energy point of view – system of centralized heat supply which concerning generating components or corresponds to criteria of highly effective cogeneration or, in case of the coppers making only heat energy corresponds at least to the control values for production of heat energy established by the legislation in the field;

collective system of heat supply - general system of heat supply of individual apartments, and also residential and non-residential premises and places public in apartment houses;

lump-sum system - calculation method of determination of amounts of consumption of heat energy proceeding from the thermal power and hourly use on types of thermal installations, factor of the demand and method applied in terms and on the conditions provided by the law;

storage of heat energy - process of accumulating, preserving and the subsequent short-term, medium-term or long-term allocation of heat in the firm, liquid or gaseous circle for further use for heating, chilling, development of energy or production processes for the purpose of management and optimization of use of heat energy in systems of centralized heat supply;

the subconsumer – physical person or legal entity which thermal installations are connected to installations for use of heat energy of other consumer with which it signed the agreement;

cogeneration unit – unit which can work in the cogeneration mode;

cogeneration unit of low power – cogeneration unit capacity less than 1 Mvta;

microcogeneration unit – cogeneration unit which maximum capacity makes to less than 50 kvta;

heat power unit – the company performing activities for production, distribution or delivery of heat energy according to this law;

control value of efficiency for separate production – efficiency of alternative separate production process of electrical, heat and/or mechanical energy which shall be replaced with process of cogeneration;

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