LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 4, 2013 No. 128-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning support of use of renewable energy resources

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of the Republic of Kazakhstan about administrative offenses of January 30, 2001 (The sheet of Parliament of the Republic of Kazakhstan, 2001, No. 5-6, of Art. 24; No. 17-18, of Art. 241; No. 21-22, of Art. 281; 2002, No. 4, Art. 33; No. 17, Art. 155; 2003, No. 1-2, of Art. 3; No. 4, Art. 25; No. 5, Art. 30; No. 11, Art. 56, 64, 68; No. 14, Art. 109; No. 15, Art. 122, 139; No. 18, Art. 142; No. 21-22, of Art. 160; No. 23, Art. 171; 2004, No. 6, Art. 42; No. 10, Art. 55; No. 15, Art. 86; No. 17, Art. 97; No. 23, Art. 139, 140; No. 24, Art. 153; 2005, No. 5, Art. 5; No. 7-8, of Art. 19; No. 9, Art. 26; No. 13, Art. 53; No. 14, Art. 58; No. 17-18, of Art. 72; Art. No. 21-22, 86, 87; No. 23, Art. 104; 2006, No. 1, Art. 5; No. 2, Art. 19, 20; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 12, Art. 72, 77; No. 13, Art. 85, 86; No. 15, Art. 92, 95; No. 16, Art. 98, 102; No. 23, Art. 141; 2007, No. 1, Art. 4; No. 2, Art. 16, 18; No. 3, Art. 20, 23; No. 4, Art. 28, 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 12, Art. 88; No. 13, Art. 99; No. 15, Art. 106; No. 16, Art. 131; No. 17, Art. 136, 139, 140; No. 18, Art. 143, 144; No. 19, Art. 146, 147; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 12, Art. 48, 51; Art. No. 13-14, 54, 57, 58; No. 15-16, of Art. 62; No. 20, Art. 88; No. 21, Art. 97; No. 23, Art. 114; No. 24, Art. 126, 128, 129; 2009, Art. No. 2-3, 7, 21; Art. No. 9-10, 47, 48; Art. No. 13-14, 62, 63; Art. No. 15-16, 70, 72, 73, 74, 75, 76; No. 17, Art. 79, 80, 82; No. 18, Art. 84, 86; 19, Art. 88; No. 23, Art. 97, 115, 117; No. 24, Art. 121, 122, 125, 129, 130, 133, 134; 2010, Art. No. 1-2, 1, 4, 5; No. 5, Art. 23; No. 7, Art. 28, 32; No. 8, Art. 41; No. 9, Art. 44; No. 11, Art. 58; No. 13, Art. 67; No. 15, Art. 71; Art. No. 17-18, 112, 114; No. 20-21, of Art. 119; No. 22, Art. 128, 130; No. 24, Art. 146, 149; 2011, No. 1, Art. 2, 3, 7, 9; No. 2, Art. 19, 25, 26, 28; No. 3, Art. 32; No. 6, Art. 50; No. 8, Art. 64; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 115, 116; No. 14, Art. 117; No. 16, Art. 128, 129; No. 17, Art. 136; No. 19, Art. 145; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 9, 11, 13, 14, 16; No. 3, Art. 21, 22, 25, 26, 27; No. 4, Art. 32; No. 5, Art. 35, 36; No. 8, Art. 64; No. 10, Art. 77; No. 12, Art. 84, 85; No. 13, Art. 91; No. 14, Art. 92, 93, 94; No. 15, Art. 97; No. 20, Art. 121; No. 23-24, of Art. 125; 2013, No. 1, Art. 2, 3; No. 2, Art. 10, 11, 13; No. 4, Art. 21; The law of the Republic of Kazakhstan of May 21, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning personal data and their protection", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on May 25, 2013; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning development of local self-government", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on June 14, 2013; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on June 14, 2013):

the paragraph one of part one of Article 224-1 to state in the following edition:

"1. Non-execution and (or) improper execution of the Republic of Kazakhstan established by the legal act for support of use of renewable energy resources of obligation to buy the electrical, heat energy made by the power making organizations using renewable energy resources -".

2. In the Land code of the Republic of Kazakhstan of June 20, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 13, Art. 99; 2005, No. 9, Art. 26; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 11, Art. 55; No. 12, Art. 79, 83; No. 16, Art. 97; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 14, Art. 105; No. 15, Art. 106, 109; No. 16, Art. 129; No. 17, Art. 139; No. 18, Art. 143; No. 20, Art. 152; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 15-16, of Art. 64; No. 21, Art. 95; No. 23, Art. 114; 2009, No. 2-3, of Art. 18; No. 13-14, of Art. 62; No. 15-16, of Art. 76; No. 17, Art. 79; No. 18, Art. 84, 86; 2010, No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 6, Art. 49, 50; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 114; No. 15, Art. 120; 2012, No. 1, Art. 5; No. 2, Art. 9, 11; No. 3, Art. 27; No. 4, Art. 32; No. 5, Art. 35; No. 8, Art. 64; No. 11, Art. 80; No. 14, Art. 95; No. 15, Art. 97; No. 21-22, of Art. 124; 2013, No. 1, Art. 3; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on June 14, 2013):

state Article 90 in the following edition:

"Article 90. Withdrawal limit of lands of separate categories

Withdrawal of the irrigated agricultural holdings, lands of pilot fields of research and educational institutions of agricultural, biological and irrigational and meliorative, fishery profile, forest and water funds is allowed in exceptional cases, especially protected natural territories connected with creation and expansion, by accomplishment of the international obligations, detection under the site of the field of valuable minerals, construction of roads, objects for use of renewable energy resources, power lines, communication lines and bulk distribution lines, engineering and communication networks public of settlements, and also objects having the state value in the absence of other options of their possible placement.".

3. In the Water code of the Republic of Kazakhstan of July 9, 2003 (The sheet of Parliament of the Republic of Kazakhstan, 2003, No. 17, Art. 141; 2004, No. 23, Art. 142; 2006, No. 1, Art. 5; No. 3, Art. 22; No. 15, Art. 95; 2007, No. 1, Art. 4; No. 2, Art. 18; No. 19, Art. 147; No. 24, Art. 180; 2008, No. 6-7, of Art. 27; No. 23, Art. 114; No. 24, Art. 129; 2009, No. 2-3, of Art. 15; No. 15-16, of Art. 76; No. 18, Art. 84; 2010, No. 1-2, of Art. 5; No. 5, Art. 23; No. 24, Art. 146; 2011, No. 1, Art. 2, 7; No. 5, Art. 43; No. 6, Art. 50; No. 11, Art. 102; No. 16, Art. 129; 2012, No. 3, Art. 27; No. 14, Art. 92; No. 15, Art. 97; No. 21 22, Art. 124; The law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on June 14, 2013):

the subitem 2) of Item 1 of article 125 after words of "water transport" to add with words "objects for use of renewable energy resources (hydrodynamic energy of water),".

4. In the Law of the Republic of Kazakhstan of July 9, 1998 "About natural monopolies and the controlled markets" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 16, Art. 214; 1999, No. 19, Art. 646; 2000, No. 3-4, of Art. 66; 2001, No. 23, Art. 309; 2002, No. 23-24, of Art. 193; 2004, No. 14, Art. 82; No. 23, Art. 138, 142; 2006, No. 2, Art. 17; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 13, Art. 87; 2007, No. 3, Art. 20; No. 19, Art. 148; 2008, No. 15-16, of Art. 64; No. 24, Art. 129; 2009, No. 11-12, of Art. 54; No. 13-14, of Art. 62; No. 18, Art. 84; 2010, No. 5, Art. 20, 23; 2011, No. 1, Art. 2; No. 11, Art. 102; No. 12, Art. 111; No. 13, Art. 112; No. 16, Art. 129; 2012, No. 2, Art. 9, 15; No. 3, Art. 21; No. 4, Art. 30; No. 11, Art. 80; No. 12, Art. 85; No. 15, Art. 97; 2013, No. 4, Art. 21):

1) the subitem 3) of Item 1 of article 5 after the word of "companies" to add with words "settlement financial center on support of renewable energy resources,";

The subitem 4) of Item 1 of Article 18-1 to add 2) with part two of the following content:

"Requirements of this subitem do not extend to cases of participation of the subject of natural monopoly in activities of settlement financial center for support of renewable energy resources according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources;";

3) in Article 18-4:

add Item 2-1 with the paragraph the sixth the following content:

"purchases of electrical energy according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources.";

state Item 4-1 in the following edition:

"4-1. Purchase of electrical and (or) heat energy from the power making organization using renewable energy resources is performed according to the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources.".

5. In the Law of the Republic of Kazakhstan of November 20, 1998 "About auditor activities" (Sheets of Parliament of the Republic of Kazakhstan, 1998, No. 22, Art. 309; 2000, No. 22, Art. 408; 2001, No. 1, Art. 5; No. 8, Art. 52; 2002, No. 23-24, of Art. 193; 2003, No. 11, Art. 56; No. 12, Art. 86; No. 15, Art. 139; 2004, No. 23, Art. 138; 2005, No. 14, Art. 58; 2006, No. 8, Art. 45; 2007, No. 2, Art. 18; No. 4, Art. 28; 2009, No. 2-3, of Art. 21; No. 17, Art. 79; No. 18, Art. 84; No. 19, Art. 88; 2010, No. 5, Art. 23; No. 17-18, of Art. 112; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; No. 24, Art. 196; 2012, No. 2, Art. 15; No. 8, Art. 64; No. 10, Art. 77; No. 13, Art. 91; No. 15, Art. 97):  

to add part one of Item 2 of Article 5 with the paragraph the seventeenth the following content:

"settlement financial center on support of renewable energy resources according to the Law of the Republic of Kazakhstan "About support of use of renewable energy resources".". 

6. In the Law of the Republic of Kazakhstan of July 9, 2004 "About power industry" (Sheets of Parliament of the Republic of Kazakhstan, 2004, No. 17, Art. 102; 2006, No. 3, Art. 22; No. 7, Art. 38; No. 13, Art. 87; No. 24, Art. 148; 2007, No. 19, Art. 148; 2008, No. 15-16, of Art. 64; No. 24, Art. 129; 2009, No. 13-14, of Art. 62; No. 15-16, of Art. 74; No. 18, Art. 84; 2010, No. 5, Art. 23; 2011, No. 1, Art. 2; No. 5, Art. 43; No. 11, Art. 102; No. 12, Art. 111; No. 16, Art. 129; 2012, No. 3, Art. 21; No. 12, Art. 85; No. 14, Art. 92; No. 15, Art. 97; 2013, No. 4, Art. 21):

1) in Article 1:

add with subitem 29-1) of the following content:

"29-1) power networks - set of substations, distributing devices and the power lines connecting them intended for transfer and distribution of electrical energy;";

the subitem 33) to add with words ", settlement financial center on support of renewable energy resources";

Article 9 to add 2) with Item 2-1 of the following content:

"2-1. Complex testing of electroinstallations энергопроизво the dyashchy organization including using renewable energy resources is carried out according to the program of testing approved with the system operator after receipt of permission of state body on the state energy control and in the presence of the contract for purchase and sale of all amount of the electrical energy made when carrying out complex testing according to power grid rules.";

3) in Article 10:

add Item 1 with the subitem 23) of the following content:

"23) performs other functions provided by this Law and the legislation of the Republic of Kazakhstan in the field of support of use of renewable energy resources.";

4) of Item 2 to exclude the subitem;

Paragraph one of Item 3 of Article 12 to state 4) in the following edition:

"3. The power making organizations, the organizations using renewable energy resources which except for are power making shall:";

5) in Article 13:

state Item 1-1 in the following edition:

"1-1. The regional electric grid companies to which power networks objects for use of renewable energy resources are directly connected shall accept in full the electrical energy made and delivered by the power making organizations using renewable energy resources.";

4) of Item 3-2 to state the subitem in the following edition:

"4) acquisition (purchase) of electrical energy for the purpose of power supply, except as specified:

emergency disposal of capacities in the amount determined proceeding from the daily schedule of production of electrical energy;

purchases from settlement financial center on support of renewable energy resources of the electrical energy made by objects for use of renewable energy resources.".

7. In the Law of the Republic of Kazakhstan of July 4, 2009 "About support of use of renewable energy resources" (Sheets of Parliament of the Republic of Kazakhstan, 2009, No. 13-14, of Art. 61; 2011, No. 11, Art. 102; No. 12, Art. 111; 2012, No. 14, Art. 92; The Law of the Republic of Kazakhstan of June 13, 2013 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning differentiation of powers between state bodies", published in the "nazvaniye privedeno na kazakhskom yazyke" and "Kazakhstanskaya pravda" newspapers on June 14, 2013):

Article 1 to state 1) in the following edition:

"Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) renewable energy resources - power sources, continuously renewable due to naturally proceeding natural processes, the including following types: energy of sunlight, wind power, hydrodynamic energy of water; geothermal power: heat of soil, underground waters, rivers, reservoirs, and also anthropogenous sources of primary energy resources: the biomass, biogas and other fuel from organic waste used for production of electrical and (or) heat energy;

2) conditional consumers of electrical energy from renewable energy resources (further - conditional consumers) - the power making organizations using coal, gas, oil products and nuclear fuel;

the subjects of the market of electrical energy acquiring electrical energy because of limits of the Republic of Kazakhstan;

hydroelectric power stations with the installations located in one water-engineering system, total capacity over thirty five megawatts;

3) rate for support of renewable energy resources - the rate for sale by settlement financial center on support of renewable energy resources of the electrical energy made by objects for use of renewable energy resources established by settlement financial center on support of renewable energy resources according to the rules of determination of rate for support of renewable energy resources approved by the Government of the Republic of Kazakhstan;

4) settlement financial center on support of renewable energy resources (further - settlement financial center) - the legal entity created by the system operator and determined by the Government of the Republic of Kazakhstan, performing according to the procedure, provided by this Law, centralized purchase and sale of the electrical energy made by objects for use of renewable energy resources and delivered in power networks of single electric utility system of the Republic of Kazakhstan;

5) the power making organization using renewable energy resources - the legal entity performing production of electrical and (or) heat energy with use of renewable energy resources;

6) costs for support of use of renewable energy resources - costs of settlement financial center for purchase of the electrical energy made by objects for use of renewable energy resources, the costs for the services in the organization of balancing of production consumption of electrical energy and costs connected with implementation of its activities, determined according to the procedure for pricing established by the legislation of the Republic of Kazakhstan on natural monopolies and the controlled markets;

7) authorized body on realization of state policy in the field of support of use of renewable energy resources - the state body enabling the realization of state policy in the field of support of use of renewable energy resources;

8) object for use of renewable energy resources - the technical devices intended for production of electrical and (or) heat energy with use of renewable energy resources, and constructions and the infrastructure technologically necessary for operation of object for use of renewable energy resources interconnected with them and which are on balance of the owner of object for use of renewable energy resources;

9) the address help to individual consumers (further - the address help) - compensation by the state of part of costs of individual consumers for acquisition of installations on use of renewable energy resources at the Kazakhstan producers;

10) flat fare - rate for purchase by settlement financial center according to the procedure, established by this Law, the electrical energy made by objects for use of renewable energy resources;

11) authorized body - the central executive body performing management and cross-industry coordination in the field of support of use of renewable energy resources;

12) the individual consumer of electrical and (or) heat energy (further - the individual consumer) - the physical person consuming electrical and (or) heat energy from the object for use of renewable energy resources working in the autonomous mode in unelectrified settlements and (or) settlements where centralized electric utility service is economically inexpedient;

13) net - the consumer of electrical energy (further - net - the consumer) - the physical person providing fully or partially own consumption of electrical energy from the object for use of renewable energy resources belonging to it on the property right connected to distribution power network and equipped with systems of separate accounting of amounts of consumption of electrical energy from network and scopes of supply in it;

14) zone of consumption of electrical energy - part of single electric utility system of the Republic of Kazakhstan in which there are no restrictions of technical nature interfering consumption of the electrical energy made by object for use of renewable energy resources.";

Article 2 to add 2) with Item 3-1 of the following content:

"3-1. The provisions of this Law regulating procedure

applications of flat fares for purchase of the electrical energy made by objects for use of renewable energy resources do not extend on:

the power making organizations having objects for use of renewable energy resources which useful life exceeded the payback period established in the feasibility statement approved and approved with authorized body or local executive body;

hydroelectric power stations with the installations located in one water-engineering system, total capacity over thirty five megawatts and (or) with the water storage basins providing more than daily term of regulation.

Compliance of hydroelectric power stations to the specified parameters is determined by authorized body according to the rules provided by the subitem 8) of article 5 of this Law.";

Item 2 of Article 3 to add 3) with subitems 1-1) and 1-2) of the following content:

"1-1) establishments of flat fares;

1-2) provisions of the address help;";

The subitem 3) of Article 4 to state 4) in the following edition:

"3) provision to the legal entities performing designing, construction and operation of objects for use of renewable energy resources, investment preferences according to the legislation of the Republic of Kazakhstan on investments;";

5) in Article 5:

5) to add the subitem with the words "for the purposes of heat supply";

add with subitems 7-1), 7-2) and 7-3) of the following content:

"7-1) approves rules of determination of flat fares and rate for support of renewable energy resources;

7-2) approves flat fares;

7-3) determines settlement financial center;";

8) to state the subitem in the following edition:

"8) approves rules of centralized purchase and sale by settlement financial center of the electrical energy made by objects for use of renewable energy resources and also the corresponding standard forms of agreements settlement финансо-вого the center with the power making organizations using renewable energy resources and with conditional consumers;";

the subitem 9) after the word "Constitution" to add with words "this Law, others";

6) in Article 6:

6) to exclude the subitem;

add with subitem 8-1) of the following content:

"8-1) makes the offer in the Government of the Republic of Kazakhstan on determination of settlement financial center;";

10) to state the subitem in the following edition:

"10) develops rules of centralized purchase and sale by settlement financial center of the electrical energy made by objects for use of renewable energy resources and also the corresponding standard forms of contracts of settlement financial center with the power making organizations using renewable energy resources and conditional consumers;";

add with subitems 10-1), 10-2) and 10-3) of the following content:

"10-1) develops rules of determination of flat fares and rate for support of renewable energy resources;

10-2) makes the offer on approval of flat fares in the Government of the Republic of Kazakhstan;

10-3) records and publishes the list of the power making organizations using renewable energy resources on the Internet resource;";

The subitem 3) of Article 7 to state 7) in the following edition:

"3) is approved by construction projects of objects for use of renewable energy resources for production of the heat energy delivered in system of centralized heat supply;";

To add Chapter 2 with Article 7-1 of the following content:

"Article 7-1. Obligations of participants of production, transfer and purchase of the electrical energy made by objects for use of renewable energy resources

1. The power transferring organizations to which networks objects for use of renewable energy resources are connected shall represent monthly to settlement financial center the data on amounts of the electrical energy delivered by objects for use of renewable energy resources in their network determined based on indications of devices of commercial accounting of electrical energy.

2. Conditional consumers shall:

1) annually to sign agreements with settlement financial center on purchase of the electrical energy made by the power making organizations using renewable energy resources according to standard form and to pay no later than thirty calendar days after completion of month of delivery;

2) monthly to provide to settlement financial center information on forecast amounts of development, leave in network, on rates to the power transferring organizations or acceptance because of limits of the Republic of Kazakhstan of electrical energy in ten calendar days prior to month of delivery;

3) annually by December twentieth to send to settlement financial center information on forecast amounts of development, leave in networks, deliveries to the power transferring organizations of electrical energy the forthcoming year.

3. The settlement financial center shall:

To buy 1) according to the procedure, established by this Law, from the power making organizations using renewable energy resources, the electrical energy made by objects for use of renewable energy resources and delivered by them in single electric utility system of the Republic of Kazakhstan on the flat fare operating for date of the conclusion of the purchase and sale agreement between settlement financial center and the power making organization using renewable energy resources taking into account indexation, stipulated in Item 2 articles 8-1 of this Law and to pay no later than fifteen working days after the termination of the payment due date established for conditional consumers;

To sell 2) according to the procedure, established by this Law, the electrical energy purchased from the power making organizations using renewable energy resources, to conditional consumers on rate for support of renewable energy resources according to zone of consumption of electrical energy;

3) to determine the costs for support of use of renewable energy resources predicted for the year ahead per one kilowatt hour of the electrical energy made from all types of renewable energy resources and delivered in single electric utility system of the Republic of Kazakhstan and to publish the relevant information on the Internet resource no later than January fifteenth of the predicted year.

4. The settlement financial center signs purchase and sale agreements of electrical energy with the power making organizations using renewable energy resources which support is performed according to this Law and included by authorized body in the list of the power making organizations using renewable energy resources for a period of fifteen years and performs purchase of the electrical energy made by objects for use of renewable energy resources during the term which is not exceeding effective period of the corresponding flat fare.

5. The settlement financial center shall book audit of the annual financial reporting according to the Law of the Republic of Kazakhstan "About auditor activities" and represent its results to authorized body.

6. The power making organizations using renewable energy resources shall:

1) monthly to provide to settlement financial center information on forecast amounts of development, leave in network of electrical energy in ten calendar days prior to month of delivery;

2) monthly to provide to settlement financial center information on the actual daily amounts of development, leave in network of electrical energy no later than the fifth following after month of delivery;

3) annually by December twentieth to send to settlement financial center information on forecast amounts of development, leave in network of electrical energy the forthcoming year with breakdown on months;

4) to represent to the regional electric grid company and (or) the system operator daily and monthly (in ten calendar days prior to the beginning of month) delivery schedules of electrical energy.

7. The power making organizations using renewable energy resources submit the application for the conclusion of the purchase and sale agreement with settlement financial center for purchase of the electrical energy made by objects for use of renewable energy resources not later than thirty calendar days prior to delivery of electrical energy.

To the request for the conclusion of the purchase and sale agreement of the electrical energy made by objects for use of renewable energy resources, the power making organization using renewable energy resources provides the following materials and documents:

1) copies of documents of title;

2) information on amounts of the delivered electrical energy.";

To add 9) with Article 8-1 of the following content:

"Article 8-1. Flat fare

1. Flat fares affirm the Government of the Republic of Kazakhstan effective period for fifteen years for each type of renewable energy resources which support is provided by documents of System of state planning of the Republic of Kazakhstan.

2. The approved flat fares annually are indexed taking into account inflation according to the procedure, determined by the Government of the Republic of Kazakhstan.

3. For the purpose of achievement of the target indicators provided by documents of System of state planning of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan has the right to adjust time in three years levels of earlier approved flat fares. At the same time the act of the Government of the Republic of Kazakhstan of adjustment of the approved flat fares becomes effective not earlier than in one year after its first official publication in the periodic printing editions distributed in all territory of the Republic of Kazakhstan, in the Kazakh and Russian languages.

Action of this Item does not extend to current agreements of purchase and sale of settlement financial center with the power making organizations using renewable energy resources.";

Article 9 to state 10) in the following edition:

"Article 9. Support in case of sale of the electrical and (or) heat energy made by objects for use of renewable energy resources

1. The power making organization using the renewable energy resources having the right to implement at discretion

the made electrical energy by one of the following options:

1) to settlement financial center on the flat fare operating for date of the conclusion of the purchase and sale agreement between it and settlement financial center taking into account indexation, stipulated in Item 2 articles 8-1 of this Law;

2) to consumers on contract prices according to the signed bilateral agreements according to the legislation of the Republic of Kazakhstan on power industry.

The power making organization using renewable energy resources performing activities according to the subitem 2) of part one of this Item having no right to pass to realization of the made electrical energy by the option provided by the subitem 1) of part one of this Item.

2. Costs for support of use of renewable energy resources are distributed by settlement financial center between conditional consumers of electrical energy in proportion to share of their leave in network.

3. If the amount of money received by settlement financial center from sale of electrical energy from renewable energy resources according to the subitem 2) of Item 3 of article 7-1 of this Law will appear less or will exceed the size necessary for cost recovery on support of use of renewable energy resources in current month, the settlement financial center makes recalculation and redistributes costs between conditional consumers of electrical energy the next month. 

In case of short-reception of money from the conditional consumer because of its exit from the market, liquidation the settlement financial center distributes respective share of the electric power which was expected the above-stated consumer, on all conditional consumers is pro rata to their amount of consumption in relation to the total amount of consumption of electrical energy in the Republic of Kazakhstan.

4. Costs of the conditional consumer for purchase from settlement financial center of the electrical energy made by objects for use of renewable energy resources are compensated by buyers of the electric power of this conditional consumer in proportion to respective share of amount of purchased electrical energy of the buyer in relation to the total amount of the electrical energy released in network.

5. Purchase and sale agreements of the heat energy made by the power making organizations using renewable energy resources consist for the period at least payback period of the construction project of the object for use of renewable energy resources determined in the feasibility statement on the construction project of object for use of renewable energy resources.

6. All heat energy made by object for use of renewable energy resources and delivered in system of centralized heat supply of the settlement with the parameters corresponding to heat carrier parameters in system of centralized heat supply is bought by the power supplying organization of this settlement.

Costs for the heat energy made by object for use of renewable energy resources join in rate of the power supplying organization according to the procedure, established by the legislation of the Republic of Kazakhstan on natural monopolies and the controlled markets.

The power making organization using renewable energy resources approves with the power supplying organization the periods of issue of heat energy in system of centralized heat supply depending on seasonal nature of heat supply.

The power making organization using renewable energy resources by delivery of heat energy is exempted from fee of the power transferring organizations on transfer of heat energy.

7. The power transferring organizations shall provide open entry to transfer on networks to the power making organizations using renewable energy resources according to the legislation of the Republic of Kazakhstan.

At the same time the power making organizations using renewable energy resources by delivery of electrical energy are exempted from fee of the power transferring organizations on transfer of electrical energy.

8. Financial settlement of imbalances of electrical energy from objects for use of renewable energy resources is performed by settlement financial center on rate for support of renewable energy resources according to the rules of functioning of the balancing market of electrical energy approved by the Government of the Republic of Kazakhstan.

9. Net - the consumer pays servicing him the amount of electrical energy consumed by it for settlement period from the power network which is power supplying the organizations for its applicable fare less the amount delivered net - the consumer in power network for the same period.

In case of exceeding of amount of the electrical energy delivered net - the consumer for settlement period in power network, over amount of the electrical energy consumed by it for the same period from network, servicing net - the consumer the power supplying organization pays net - to the consumer for applicable fare of the organization for the sale delivered net - the consumer electrical energy in volume of the above-stated exceeding, but no more than five hundred kilowatt hours a month.

10. The state provides to individual consumers the address help in the amount of fifty percent from the cost of installations on use of total renewable energy resources capacity no more than five kilowatts according to the procedure, determined by the Government of the Republic of Kazakhstan. The address help is paid after input of installation on use of renewable energy resources in operation.

11. The individual consumer who received the address help on acquisition of installation with use of renewable energy resources, having no right to perform sale of the electrical and (or) heat energy developed on this installation, to other consumers.";

11) in Article 10:

in Item 1 shall be replaced with words the word "New" "Again constructed";

3, of 4, 5 and 6 to state Items in the following edition:

"3. In case of restriction of handling capacity of power networks of the power transferring organizations the priority shall be provided to transfer of the electrical energy made by the power making organization using renewable energy resources. This requirement does not extend to the periods of liquidation by the system operator of emergency violations in single electric utility system of the Republic of Kazakhstan.

4. When forming daily dispatching schedules of deliveries consumptions of electrical energy to power networks of single electric utility system of the Republic of Kazakhstan deliveries from objects for use of renewable energy resources join in them in priority procedure.

5. The expansion and reconstruction of the existing power and thermal networks of the power transferring organizations necessary for connection of objects for use of renewable energy resources are performed by the power transferring organization with inclusion of the corresponding costs in rates of the organization according to the procedure, established by the legislation of the Republic of Kazakhstan on natural monopolies and the controlled markets.

The power transferring organization to which according to the procedure, established by the legislation of the Republic of Kazakhstan, the application for connection to its networks of object for use of the renewable energy resources having no right to refuse connection because of technical unavailability of network to acceptance and transfer of the declared amount of electrical or heat energy is submitted.

6. The costs connected with construction of network from object for use of renewable energy resources to point of connection to network of the power transferring organization with connection to network, transmission of energy from object for use of renewable energy resources to point of connection to network of the power transferring organization and measurement of the delivered energy, are assigned to the owner of object for use of renewable energy resources.".

Article 2.

1. This Law becomes effective after ten calendar days after its first official publication, except for the paragraph of the fourth subitem 3) and paragraphs two and the third subitem 5) of Item 6, of subitems 8) and 11) of Item 7 of Article 1, which become effective after six months after its first official publication.

2. The regulations of this Law regulating procedure for application of flat fares for purchase of the electrical energy made by objects for use of renewable energy resources extend only to the objects for use of renewable energy resources put into operation after enforcement of this Law and also to the reconstructed objects with replacement of the generating equipment existing capital. At the same time the cost of the entered new equipment on the reconstructed object shall constitute at least fifty percent of book value of object of reconstruction at the time of the beginning of works on reconstruction of this object. The size of book value of object of reconstruction at the time of the beginning of works on its reconstruction shall be confirmed with auditing organization.

3. The power making organizations using for production of electrical energy the objects for use of renewable energy resources put into operation before enforcement of this Law and having the signed purchase and sale agreements of electrical energy with the regional electric grid companies and (or) the system operator within sixty calendar days after enforcement of this Law make the decision and in writing notify authorized body on the choice of one of the following schemes:

1) to realize the electrical energy made from renewable energy resources, to settlement financial center on the selling prices which are not exceeding the level established in the feasibility statement on the construction project of object for use of renewable energy resources approved and approved with authorized or local executive body;

2) to realize the electrical energy made from renewable energy resources, to consumers on contract prices according to the signed bilateral agreements according to the legislation of the Republic of Kazakhstan on power industry.

The term of purchase by settlement financial center of electrical energy from the power making organizations specified in this Item shall not exceed the remaining period of payback established in the feasibility statement.

The power making organizations using objects for use of renewable energy resources for production of electrical energy having no right to realize electrical energy according to the scheme specified in the subitem 1) to part one of this Item in case of non-presentation at the scheduled time in authorized body of the written notice.

4. The subjects of entrepreneurship having the feasibility statement on the construction project of object for use of renewable energy resources approved and approved with authorized body or local executive body before enforcement of this Law within thirty calendar days after enforcement of the act of the Government of the Republic of Kazakhstan of approval of flat fares make the decision and in writing notify authorized body on the choice of one of the following schemes:

1) to realize the electrical energy made from renewable energy resources, to settlement financial center on flat fares;

2) to realize the electrical energy made from renewable energy resources, to settlement financial center on the selling prices which are not exceeding the level established in the feasibility statement on the construction project of object for use of renewable energy resources approved and approved with authorized body or local executive body;

3) to realize the electrical energy made from renewable energy resources, to consumers on contract prices according to the signed bilateral agreements according to the legislation of the Republic of Kazakhstan on power industry.

Subjects of entrepreneurship have no right to realize electrical energy according to the schemes specified in subitems 1) and 2) to part one of this Item, in case of absence in authorized body of the written notice in time, provided by this Item.

5. For each of the power making organizations which chose the scheme specified in the subitem 1) to part one of Item 3 of this Article, and each of the subjects of entrepreneurship which chose the scheme specified in the subitem 2) to part one of item 4 of this Article, the Government of the Republic of Kazakhstan approves the rate which is not exceeding the level of selling price established in the feasibility statement on the construction project of object for use of renewable energy resources approved and approved with authorized body or local executive body, and the term of its action according to technical economic case. Annual indexation of flat fares does not extend to the rates provided by this Item.

6. The authorized body within three working days sends the list of the subjects of entrepreneurship specified in Items 3 and 4 of this Article, and the power making organizations specified in Item 5 of this Article to settlement financial center.

7. Costs of settlement financial center on purchase of electrical energy on rates, stipulated in Item the 5th this Article, join in costs for support of use of renewable energy resources.

The settlement financial center performs purchase of the electrical energy realized on rates, stipulated in Item by the 5th this Article, during the term which is not exceeding remaining period of payback of the project established in the feasibility statement approved and approved with authorized body or local executive body.

 

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