FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 29, 2017 No. 279-FZ

About introduction of amendments to the Federal law "About Heat Supply" and separate legal acts of the Russian Federation concerning enhancement of system of the relations in the field of heat supply

Accepted by the State Duma on July 19, 2017

Approved by the Federation Council on July 25, 2017

Article 1

Bring in the Federal Law of July 27, 2010 No. 190-FZ "About heat supply" (The Russian Federation Code, 2010, No. 31, Art. 4159; 2011, No. 23, Art. 3263; No. 30, Art. 4590; No. 50, Art. 7359; 2012, No. 26, Art. 3446; No. 53, Art. 7616, 7643; 2013, No. 19, Art. 2330; No. 27, Art. 3477; 2014, No. 6, Art. 561; No. 30, Art. 4218; No. 42, Art. 5615; No. 49, Art. 6913; 2015, No. 1, Art. 38; No. 45, Art. 6208; No. 48, Art. 6723; 2016, No. 18, Art. 2508; No. 52, Art. 7507) following changes:

1) in Article 2:

a) in Item 10 the word "heat supplies;" shall be replaced with words "heat supplies. In price zones of heat supply the investing program concerning activities for connection (technological accession) to system of heat supply is not developed and does not affirm;";

b) in Item 18:

add the subitem "a" with words ", including establishment by agreement of the parties of the agreement of the price of heat energy (capacity) is not higher than limit of the price of heat energy (capacity) delivered to consumers by the single heatsupplying organization in price zones of heat supply";

add the subitem "b" with words ", the cases except for established by this Federal Law in case of which price fixation on the specified services by agreement of the parties of the agreement is allowed";

c) in Item 20 of the word "system of heat supply," shall be replaced with words it "systems of heat supply of the settlement, city district, them";

d) add with Items 23.1 and 23.2 of the following content:

"23. 1) price zones of heat supply - settlements, city districts which are determined according to article 23.3 of this Federal Law and in which the prices of heat energy (capacity) delivered by the single heatsupplying organization in system of heat supply to consumers are limited to limit of the price of heat energy (capacity) delivered to consumers by the single heatsupplying organization, except as specified, established by this Federal Law;

23. 2) limit of the price of heat energy (capacity) - the maximum level of the price of heat energy (capacity) delivered by the single heatsupplying organization to consumers in the price zones of heat supply, except as specified, established by this Federal Law established by executive body of the subject of the Russian Federation in the field of state regulation of the prices (rates) according to article 23.6 of this Federal Law;";

e) in Item 28 of the word "which is determined" shall be replaced with words "which concerning system (systems) of heat supply is given the status of the single heatsupplying organization";

e) add with Item 34 following of content:

"34) transition period in price zones of heat supply (further - transition period) - the period which begins from the date of entry into force of the decision on reference of the settlement of the city district to price zone of heat supply accepted according to article 23.3 of this Federal Law and comes to an end in day of entry into force of the decision on approval of limit of the price of heat energy (capacity) made according to article 23.6 of this Federal Law.";

2) in Article 4:

a) in part 1:

add Item 3 with words ", including rules of non-discriminatory access to services in connection (technological accession) to systems of heat supply";

add with Items 6.1 and 6.2 of the following content:

"6. 1) approval of rules of determination in price zones of heat supply of limit of the price of heat energy (capacity), including rules of indexation of limit of the price of heat energy (capacity), technical and economic parameters of work of the boiler and thermal networks used for calculation of limit of the price of heat energy (capacity);

6. 2) approval of rules of non-discriminatory access to services in transfer of heat energy, heat carrier;";

in Item 7 of the word "the organizations performing regulated types of activity in the field of heat supply" shall be replaced with words "the heatsupplying organizations and the heatnetwork organizations";

add with Item 15.3 of the following content:

"15. 3) decision making about reference of the settlement, city district to price zone of heat supply;";

b) in part 2:

in Item 5 of the word "productions of electrical energy of 25 megawatts and more, and also" shall be replaced with words "productions of electrical energy of 25 megawatts and more (for price zones of heat supply affirm before the end of transition period), and also";

add Item 6 with words "(for price zones of heat supply affirm before the end of transition period)";

in Item 11 the word "determination" shall be replaced with words "assignment of the status";

in Item 12 of the word "the organizations performing regulated types of activity in the field of heat supply" shall be replaced with words "the heatsupplying organizations and the heatnetwork organizations";

add with Item 16 of the following content:

"16) establishment according to part 4 of article 23.3 of this Federal Law of procedure for preparation of offers on reference or not reference of settlements, city districts to price zones of heat supply, and also preparation and entering of such offers into the Government of the Russian Federation.";

c) add part 3 with the words "taking into account features of legal regulation in the price zones of heat supply established by this Federal Law";

d) to add part 6 after the words "calculated for every year of the long-term period of regulation" with the words "taking into account provisions of part 7.1 of article 29 of this Federal Law", after the words "the subsequent long-term periods of regulation are determined taking into account" to add with words "provisions of part 7.1 of article 29 of this Federal Law and";

To add 3) with Article 4.2 of the following content:

"Article 4.2. Anti-monopoly regulation and control in the field of heat supply

1. Anti-monopoly regulation and control in the field of heat supply is exercised by antimonopoly authority according to the antitrust law of the Russian Federation taking into account the features established by this Federal Law.

2. In the field of heat supply the system of regular control of its functioning aiming at the timely prevention, identification, restriction and (or) suppression of actions (failure to act) which have is effective or can have the result non-admission, restriction, competition elimination, and (or) actions (failure to act) of person holding dominant position which bring or can lead to infringement of interests of the heatsupplying organizations, the heatnetwork organizations and consumers including who are made in the way:

1) unreasonable refusal of the conclusion of agreements of heat supply, delivery agreements of heat energy (capacity) and (or) heat carrier, agreements of rendering services in transfer of heat energy, heat carrier, contracts for connection (technological accession) to system of heat supply;

2) creations of discrimination or more favorable conditions for activities of the separate heatsupplying organizations or heatnetwork organizations;

3) creations of obstacles to access to services in the field of heat supply.

3. Objects of anti-monopoly control in the field of heat supply including are:

1) prices;

2) distribution of thermal loading in system of heat supply;

3) observance of rules (procedure) of the conclusion of agreements in the field of heat supply.

4. The provision of business entity which in the scheme of heat supply is given the status of the single heatsupplying organization is recognized dominating.

5. Ensuring non-discriminatory access to services in transfer of heat energy, the heat carrier, and also non-discriminatory access to services in connection (technological accession) to systems of heat supply is controlled according to this Federal Law, the antitrust law of the Russian Federation and rules of non-discriminatory access to services in transfer of heat energy, the heat carrier and rules of non-discriminatory access to services in connection (technological accession) to systems of heat supply approved by the Government of the Russian Federation.

6. In case of numerous violation by the single heatsupplying organization of the antitrust law of the Russian Federation, including by violations in case of distribution of thermal loading in system of heat supply, based on the decision of antimonopoly authority the body authorized according to this Federal Law on approval of the scheme of heat supply makes the decision on the forced deprivation of the status of the single heatsupplying organization according to the procedure established by the rules of the organization of heat supply approved by the Government of the Russian Federation.

7. The business entities holding dominant position in the field of heat supply shall:

1) to provide regular submission to antimonopoly authority of information on the activities according to the heatsupplying organizations approved by the Government of the Russian Federation standards of disclosure of information, the heatnetwork organizations;

To provide 2) to officials of antimonopoly authority easy access to any other information on the activities.";

4) regarding the 2nd Article 5:

a) add Item 2 with words "(for price zones of heat supply affirm before the end of transition period)";

b) add Item 3 with words "(for price zones of heat supply affirm before the end of transition period)";

c) to add Item 8 after the word "provided" with words "this Federal Law and";

5) regarding 1 Article 6:

a) state Item 5 in the following edition:

"5) in the cases established by this Federal Law, approval of conclusion of sources of heat energy, thermal networks in repair and from operation;";

b) in Item 6 the word "determination" shall be replaced with words "assignment of the status";

c) add with Items 8 - 10 following contents:

"8) implementation in price zones of heat supply after the end of transition period of municipal control over the implementation by the single heatsupplying organization of events on construction, reconstruction and upgrade of the objects of heat supply necessary for development, increase in reliability and the energy system effectiveness of heat supply determined for it in the scheme of heat supply;

9) consideration of the disagreements arising between the single heatsupplying organization and the consumer of heat energy in case of determination in the agreement of heat supply of parameter values of quality of heat supply and (or) parameters reflecting admissible breaks in heat supply, in price zones of heat supply according to the procedure of obligatory pre-judicial dispute settlement and determination of values of such parameters recommended for inclusion in the agreement of heat supply;

10) implementation of other powers established by this Federal Law.";

6) in Article 7:

a) to add Item 11 of part 1 with words ", including behind establishment and change in price zones of heat supply of limit of the price of heat energy (capacity)";

b) add part 3 with Items 8 - 10 following contents:

"8) approve limit of the price of heat energy (capacity);

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