Explanation (Letter of the Ministry of Finance of the Republic of Belarus dated December 4, 2013 No. 06-1-18/13790.)

The Ministry of Finance, having considered the request of the Ministry of Health on the procedure for applying the resolution of the Council of Ministers of July 19, 2013 No. 641, reports the following.
In accordance with clause 24 of the Regulations on the procedure for forming extrabudgetary funds, implementation of expenses related to income-generating activities, directions and procedure for using funds remaining at the disposal of the budgetary organization (hereinafter referred to as the Regulations), approved by Resolution of the Council of Ministers of the Republic of Belarus dated July 19, 2013 No. 641, the amount of excess income over expenses is determined monthly for each source of income, which remains at the disposal of the budgetary organization.
The directions for using extrabudgetary funds are determined by clause 25 of the Regulations.
In accordance with paragraph. 4 clause 25, extra-budgetary funds in terms of the amount of excess income over expenses remaining at the disposal of the organization are used to make additional incentive payments to employees of a budget organization, determined on the basis of a collective agreement, agreement, or other local regulatory legal act adopted in accordance with the law. These payments are made subject to the absence of overdue debts of the budget organization for payments to the budget, state extra-budgetary funds, payment for goods (work, services).
Thus, incentive payments to employees engaged in the provision of paid services, if there is an overdue accounts payable in general for the budget organization, including using budget funds, are not carried out.
In accordance with clause 2 of the Instruction on the procedure for organizing and implementing the republican budget, local budgets, state budget extra-budgetary Fund social protection of the population of the Ministry of Labor and Social Protection of the Republic of Belarus according to expenses approved by the resolution of the Ministry of Finance dated July 27, 2011
No. 63, the execution of the republican budget is carried out through the system of state treasury bodies.
If public sector entity within the allocated budgetary allocations, in a timely manner, in accordance with the deadlines established by the agreement or the legislation of Belarus, in the prescribed manner submitted and registered documents for payment with the state treasury authorities budget obligations, including payment for goods (works, services), untimely transfer Money from treasury accounts to suppliers' accounts is not a debt of a budget organization.
Due to the fact that the Budget Code and the Regulations do not provide for the formation of funds, including funds for material incentives and production development, from July 1, 2013, the norms set out in Resolution No. 152 regarding the provisions for the formation and use of funds were canceled.
At the same time, we inform you that all aspects within the competence of the Ministry of Finance regarding issues of reporting, maintaining accounting, drawing up estimates regarding funds, will be taken into account in the regulatory legal acts of the Ministry of Finance.

V.V. Amarin, First Deputy Minister of Finance. 
Question: Hello! Please, provide guidance on the issue of extending the investment program for water supply, approved under 210-FZ, according to the procedure that was in 210-FZ. Can you clarify on what legal facts this is based, if currently only the constituent entity of the Russian Federation has the authority to make changes to investment programs for water supply (if it has not transferred its powers to local governments)?

Answer:

Hello! Today, issues related to the extension and adjustment of investment programs for water supply are regulated by Decree of the Government of the Russian Federation No. 641 of July 29, 2013 “On investment and production programs of organizations operating in the field of water supply and sanitation.” Federal Law No. 210 currently does not apply to the water supply and sanitation sector. Today, first of all, you, as a participant in the water supply market, must operate with the basics of the following regulatory documentation:

1. Federal Law of December 7, 2011 No. 416-FZ (as amended on July 21, 2014) “On water supply and sanitation”;
2. Decree of the Government of the Russian Federation dated July 29, 2013. No. 641 (as amended on May 31, 2014) “On investment and production programs operating in the field of water supply and sanitation” (hereinafter referred to as Resolution No. 641);
3. Decree of the Government of the Russian Federation dated May 13, 2013. No. 406 (as amended on 08/09/2014) “On state regulation of tariffs in the field of water supply and sanitation” (together with the “Fundamentals of pricing in the field of water supply and sanitation”, “Rules for regulating tariffs in the field of water supply and sanitation”, “Rules for determining the size invested capital in the field of water supply and sanitation and the procedure for maintaining its accounting”, “Rules for calculating the rate of return of invested capital in the field of water supply and sanitation”).

In accordance with Resolution No. 641, extension of the water supply investment program is possible as part of the adjustment of the investment program (no more than once a year), if there is a change in the objective conditions for its implementation. What is this objective conditions? For example:

a) changes in legislation Russian Federation, affecting the conditions for the implementation of the investment program, leading to an increase in the costs of its implementation by more than 10 percent;

b) a change in the volume of budgetary allocations allocated to finance the investment program by more than 10 percent, if any were presented;

c) the need to carry out measures not provided for by the investment program on the date of its approval for connecting (ensuring the technical possibility of connecting) new facilities in the absence of technical possibility of connection due to the lack of free capacity;

d) refusal of the person who submitted, in accordance with the procedure established by the legislation of the Russian Federation, an application for connection to the centralized water supply and (or) sewerage system, from the connection specified in the investment program;

e) receipt of a notification from the territorial body of the federal executive body carrying out federal state sanitary epidemiological surveillance, in the case established by the legislation of the Russian Federation on water supply and sanitation.

As for the powers to make changes to investment programs for water supply, in accordance with Resolution No. 641, in order to adjust the investment program, the water supply and sewerage organization first submits to the authorized executive body of the constituent entity of the Russian Federation (for example, the committee on prices and tariffs, or a regional energy commission) or to the authorized local government body municipality(if the approval of investment programs is carried out by an authorized local government body) draft amendments to the investment program.

Decree of the Government of the Russian Federation of July 29, 2013 N 641
"On investment and production programs of organizations operating in the field of water supply and sanitation"

March 26, May 31, 2014, September 4, 2015, December 23, 2016, January 24, November 17, 2017, October 8, 2018

In accordance with the Federal Law "On Water Supply and Sanitation", the Government of the Russian Federation decides:

1. Approve the attached:

Rules for the development, coordination, approval and adjustment of investment programs of organizations providing hot water supply, cold water supply and (or) sanitation;

Rules for the development, approval and adjustment of production programs of organizations providing hot water supply, cold water supply and (or) sanitation.

2. Federal agency for construction and housing and communal services, approve enlarged estimate standards for non-production facilities and engineering infrastructure within a 3-month period.

3. Clause 4 of the Rules for the development, approval and adjustment of investment programs of organizations providing hot water supply, cold water supply and (or) sanitation, approved by this resolution, comes into force on January 1, 2014.

Rules
development, coordination, approval and adjustment of investment programs of organizations providing hot water supply, cold water supply and (or) sanitation
(approved by resolution

With changes and additions from:

I. General provisions

1. These Rules determine the procedure for the development, coordination, approval and adjustment of investment programs of organizations providing hot water supply, cold water supply and (or) sanitation using centralized systems (with the exception of organizations providing hot water supply using open hot water supply systems) (hereinafter, respectively - investment program regulated organizations), including action plans to bring the quality of drinking water in accordance with established requirements, action plans to bring the quality of hot water into compliance with established requirements, requirements for the composition of investment programs, the procedure for considering disagreements when approving investment programs and the procedure for monitoring their implementation.

2. The draft investment program is developed by a regulated organization, the investment program is approved by the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body of the settlement (urban district), if the law of the constituent entity of the Russian Federation has transferred to it the authority to approve the investment program (hereinafter referred to as the authorized body of the local self-government of the settlement (urban district), in agreement with the executive authorities of the constituent entities of the Russian Federation in the region government regulation tariffs (in case of approval of investment programs by local government bodies or executive authorities of constituent entities of the Russian Federation, whose powers do not include the establishment of regulated prices (tariffs).

3. If the investment program is approved by the authorized executive body of a constituent entity of the Russian Federation, the draft investment program is subject to agreement with local government bodies of settlements (urban districts), on the territory of which the centralized cold water supply system, centralized hot water supply system (hereinafter referred to as the centralized systems water supply) and (or) sanitation and facilities capital construction subscribers to whom water is supplied and from whom waste water is received using these systems (hereinafter referred to as local government bodies of settlements (urban districts), and with executive authorities of the constituent entities of the Russian Federation in the field of state regulation of tariffs (in case of approval of investment programs by executive authorities of the constituent entities of the Russian Federation, whose powers do not include the establishment of regulated prices (tariffs) in accordance with paragraphs 12-15 of these Rules.

4. Approval of an investment program in the absence of a water supply and sanitation scheme approved in accordance with the established procedure is not permitted.

5. If the objects of centralized water supply and (or) sewerage systems and capital construction projects of subscribers to whom water is supplied and (or) from whom waste water is received using these systems are located within the borders of several constituent entities of the Russian Federation, the investment program is approved by the authorized body executive power of a constituent entity of the Russian Federation, in which the volume of supplied water and (or) accepted wastewater from subscribers in kind constitutes the largest share (percentage) of the total volume of supplied water and (or) accepted wastewater in kind, in agreement with the authorized bodies of the executive authorities of the constituent entities of the Russian Federation, on whose territory some of the objects of centralized water supply and (or) sanitation systems are located.

If by law of a constituent entity of the Russian Federation the powers to approve the investment program are transferred to the local government body of the settlement (urban district) and the objects of centralized water supply and (or) sewerage systems, as well as capital construction objects of subscribers to whom water is supplied and (or) from which wastewater is received water using these systems are located within the boundaries of several settlements (urban districts), the investment program is approved by the authorized local government body of the settlement (urban district), in which the volume of supplied water and (or) wastewater received from subscribers in physical terms constitutes the largest share ( percentage) of the total volume of water supplied and (or) wastewater received in physical terms, in agreement with the authorized local government bodies of settlements (urban districts), on the territory of which part of the objects of centralized water supply and (or) sanitation systems are located.

II. Terms of reference for the development of an investment program

6. The draft investment program is developed on the basis of technical specifications for the development of an investment program of a regulated organization (hereinafter - technical task). The terms of reference are developed and approved by the local government body of the settlement (urban district). Terms of reference for the development of an investment program for a regulated organization that has received the rights to own and use centralized water supply and (or) sewerage systems, individual objects of such systems on the basis of a concession agreement providing for the obligations of the said organization to create and (or) reconstruct centralized water supply and (or) sewerage systems drainage, individual objects of such systems with the acquisition for the period established by the concession agreement, the right to own and use such systems, objects (hereinafter referred to as the concession agreement), must comply with the terms of the concession agreement.

If the facilities of centralized water supply and (or) sewerage systems and capital construction facilities of subscribers to whom water is supplied and (or) from whom wastewater is received using these systems are located within the boundaries of several settlements (urban districts), the terms of reference are developed by agreement with local governments of settlements (urban districts), within the boundaries of whose territories the specified objects are located.

For these purposes, the local government body of the settlement (urban district), on the territory of which the volume of supplied water and (or) accepted wastewater from subscribers constitutes the largest share (percentage) of the total volume of supplied water and (or) accepted wastewater in physical terms, develops and sends the terms of reference to the local government bodies of settlements (urban districts), on whose territory there are facilities of centralized water supply and (or) sewerage systems and capital construction facilities of subscribers to whom water is supplied and (or) from which wastewater is received using these systems (hereinafter - subscribers).

Local government bodies of settlements (urban districts) coordinate the terms of reference or send proposals to amend the terms of reference to the local government body of the settlement (urban district) that developed the terms of reference within 30 days from the date of receipt of the terms of reference for approval.

The local government body of the settlement (city district), which developed the terms of reference, is obliged to take into account the proposals of the local government bodies of the settlements (city districts) to which the terms of reference were sent for approval, and send the revised terms of reference for re-approval within 10 days from the date of receipt of the proposals on making appropriate changes.

If local government bodies of settlements (urban districts) have submitted mutually exclusive proposals, then the technical specifications take into account the proposals of that local government body of the settlement (urban district) in whose territory the volume of water supplied or wastewater received from subscribers constitutes the largest share (percentage) of the total volume of supplied water or received wastewater in physical terms.

7. The terms of reference must contain:

a) a list of capital construction facilities of subscribers that need to be connected to centralized water supply and (or) sanitation systems, or a list of territories in which such facilities are located, indicating the locations of the connected facilities, loads and connection times;

b) planned values ​​of indicators of reliability, quality and energy efficiency of objects of centralized water supply and (or) sanitation systems;

c) a list of measures for the construction, modernization and (or) reconstruction of facilities of centralized water supply and (or) sanitation systems, indicating the planned values ​​of indicators of reliability, quality and energy efficiency of facilities that should be achieved as a result of the implementation of such measures;

Information about changes:

By Decree of the Government of the Russian Federation of December 23, 2016 N 1467, paragraph 7 was supplemented with subparagraph "d"

d) a list of measures to protect centralized water supply and (or) sewerage systems and their individual facilities from man-made, natural threats and terrorist acts, to prevent emergency situations, reduce risk and mitigate the consequences of emergency situations.

8. In cases provided for, and Federal Law“On water supply and sanitation”, the terms of reference must include the measures contained in the action plan to bring the quality of drinking water into compliance with established requirements, the action plan to bring the quality of hot water into compliance with established requirements and the plan for reducing discharges of pollutants, other substances and microorganisms (hereinafter referred to as action plans).

9. The local government body of the settlement (city district), before March 1 of the year preceding the year of the start of the planned period of validity of the investment program, approves the terms of reference and no later than 3 days from the date of its approval sends it to the regulated organization for the development of the investment program. For a regulated organization operating on the basis of a concession agreement, the first calendar year after the concession agreement comes into force, the local government body approves the terms of reference no later than 30 calendar days from the date of entry into force of the concession agreement.

III. Requirements for the content of the investment program

10. The investment program includes construction activities, as well as activities for the modernization and (or) reconstruction of centralized water supply and (or) sanitation systems, ensuring a change in the technical characteristics of these facilities and implying a change in the initial (full) cost of the modernized and (or) reconstructed objects, the feasibility of which is justified in the water supply and sanitation schemes. The investment program must contain:

a) investment program passport containing the following information:

the name of the regulated organization for which the investment program is being developed, its location and contacts of the persons responsible for developing the investment program;

Name authorized body the executive power of a constituent entity of the Russian Federation or the authorized local government body of the settlement (urban district) that approved the investment program, its location;

name of the local government body of the settlement (urban district) that approved the investment program, its location;

the name of the authorized executive body of the constituent entity of the Russian Federation in the field of state regulation of tariffs that approved the investment program, its location and contacts of responsible persons;

planned values ​​of indicators of reliability, quality and energy efficiency of centralized water supply and (or) sanitation systems, established by the executive authority of a constituent entity of the Russian Federation, separately for each year during the implementation period of the investment program. If the creation of centralized water supply and (or) sanitation systems, their individual facilities, modernization and (or) reconstruction of centralized water supply and (or) sanitation systems or such facilities are provided for by a concession agreement or an agreement on the conditions for carrying out regulated activities in the field of water supply and sanitation, the planned values ​​of indicators of reliability, quality and energy efficiency of centralized water supply and (or) sanitation systems and the time frame for their achievement, provided for by the approved investment program, must be identical planned values these indicators and the time frame for their achievement, established respectively by the concession agreement or agreement on the conditions for carrying out regulated activities in the field of water supply and sanitation;

b) list of preparation activities project documentation, construction, modernization and (or) reconstruction of existing facilities of centralized water supply and (or) sanitation systems, their short description, including justification of their necessity, the amount of costs for construction, modernization and (or) reconstruction of each of the objects of centralized water supply and (or) sanitation systems provided for by the measures (in forecast prices for the corresponding year, determined using forecast price indices established in the forecast social economic development Russian Federation for the next fiscal year and planning period, approved by the Ministry of Economic Development of the Russian Federation), description and location of centralized water supply and (or) sanitation systems under construction, modernization and (or) reconstruction, ensuring unambiguous identification of such objects, the main technical characteristics of such objects before and after the implementation of the event ;

Information about changes:

By Decree of the Government of the Russian Federation of December 23, 2016 N 1467, paragraph 10 was supplemented with subparagraph "b.1"

b.1) a list of measures to protect centralized water supply and (or) sewerage systems and their individual facilities from man-made, natural threats and terrorist acts, to prevent emergencies, reduce risks and mitigate the consequences of emergency situations;

c) the planned percentage of depreciation of objects of centralized water supply and (or) sanitation systems and the actual percentage of depreciation of objects of centralized water supply and (or) sanitation systems existing at the beginning of the implementation of the investment program;

d) schedule for the implementation of the investment program activities, including the schedule for putting into operation centralized water supply and (or) sanitation systems;

e) sources of financing of the investment program, divided by type of activity and by year in forecast prices of the corresponding year, determined using forecast price indices established in the forecast of socio-economic development of the Russian Federation for the next financial year and planning period, approved by the Ministry of Economic Development of the Russian Federation , including:

own funds of the regulated organization, including depreciation, expenses for capital investments, reimbursed from the profits of the regulated organization, fees for connection to centralized water supply and (or) sewerage systems (separately for each system, if the regulated organization operates several such systems);

loans and credits;

budget funds for each centralized water supply and (or) sanitation system with the allocation of the grantor's expenses for the construction, modernization and (or) reconstruction of the object of the concession agreement for each centralized water supply and (or) sanitation system, if such expenses exist;

other sources;

f) calculation of the efficiency of investment of funds, carried out by comparing the dynamics of indicators of reliability, quality and energy efficiency of objects of centralized water supply and (or) sanitation systems and the costs of implementing the investment program;

g) preliminary calculation of tariffs in the field of water supply and sanitation for the period of implementation of the investment program;

h) an action plan to bring the quality of drinking water into compliance with established requirements, a plan for reducing discharges and a program for energy saving and increasing energy efficiency (if such plans and programs are approved);

i) a list of investment obligations established in relation to objects of centralized water supply and (or) sanitation systems and the conditions for their fulfillment in the case provided for by the legislation of the Russian Federation on privatization;

j) a report on the implementation of the investment program for the last year of the investment program implementation period, containing, among other things, the main technical characteristics of the modernized and (or) reconstructed objects of centralized water supply and (or) sanitation systems before and after the implementation of the activities of this investment program (if there is an investment program, the implementation of which was completed (discontinued) during the year preceding the year of approval of the new investment program).

Information about changes:

By Decree of the Government of the Russian Federation of May 31, 2014 N 503, the Rules were supplemented with clause 10.1

10.1. The investment program activities are divided into activities implemented in the field of cold water supply, activities implemented in the field of hot water supply, and activities implemented in the field of wastewater disposal, and within each area of ​​activity the following groups of activities are distinguished:

a) construction, modernization and (or) reconstruction of centralized water supply and (or) sanitation systems for the purpose of connecting capital construction facilities of subscribers, indicating the objects of centralized water supply and (or) sanitation systems, the construction of which is financed by connection fees, indicating the points connection (technological connection), number and load of new connected (technologically connected) capital construction facilities of subscribers, including:

construction of new water supply and (or) sewerage networks in order to connect capital construction projects of subscribers, indicating the sections of such networks under construction, their diameter and length, and other technical characteristics;

construction of other facilities of centralized water supply and (or) sanitation systems (except for water supply and (or) sanitation networks) with a description of such facilities and their technical characteristics;

increasing the capacity of existing water supply and (or) sewerage networks in order to connect capital construction projects of subscribers, indicating sections of such networks, their length, capacity, and other technical characteristics before and after the activities;

increasing the capacity and productivity of existing facilities of centralized water supply and (or) sanitation systems (with the exception of water supply and (or) sanitation networks), indicating the technical characteristics of the facilities of centralized water supply and (or) sanitation systems before and after the activities;

b) construction of new facilities of centralized water supply and (or) sanitation systems not related to the connection (technological connection) of new capital construction facilities for subscribers, including:

construction of new water supply and (or) sewerage networks, indicating the sections of such networks, their length, and capacity;

construction of other facilities of centralized water supply and (or) sanitation systems (except for water supply and (or) sanitation networks) indicating their technical characteristics;

c) modernization or reconstruction of existing facilities of centralized water supply and (or) sanitation systems in order to reduce the level of wear and tear of existing facilities, including:

modernization or reconstruction of existing water supply and (or) sewerage networks, indicating sections of such networks, their length, capacity, and other technical characteristics before and after the measures;

modernization or reconstruction of existing facilities of centralized water supply and (or) sanitation systems (except for water supply and (or) sanitation networks) indicating the technical characteristics of these facilities before and after the activities;

d) implementation of measures aimed at increasing environmental efficiency, achieving the planned values ​​of reliability, quality and energy efficiency indicators of centralized water supply and (or) sanitation systems not included in other groups of measures;

e) decommissioning, conservation and dismantling of centralized water supply and (or) sanitation systems, including:

decommissioning, conservation and dismantling of water supply and (or) sewerage networks, indicating sections of such networks, their length, capacity, and other technical characteristics;

decommissioning, conservation and dismantling of other objects of centralized water supply and (or) sanitation systems (with the exception of water supply and (or) sanitation networks), indicating individual objects and their technical characteristics.

10.2. The investment program of a regulated organization operating on the basis of a concession agreement, the objects of which are centralized water supply and (or) sewerage systems, individual objects of such systems, must comply with the measures provided for in the concession agreement for the creation and (or) reconstruction of the object of the concession agreement and (or) modernization, replacement of obsolete and physically worn-out other property owned by the concessor by right of ownership, forming a single whole with the object of the concession agreement and (or) intended for use in order to create conditions for the concessionaire to carry out activities provided for by the concession agreement (hereinafter - other things transferred by the concessor to the concessionaire property under a concession agreement), new, more productive ones, and other improvements in the characteristics and operational properties of such property.

11. The volume of financial needs necessary for the implementation of the investment program is established taking into account the aggregated estimate standards for non-production facilities and engineering infrastructure approved by the Ministry of Construction and Housing and Communal Services of the Russian Federation.

IV. Coordination, approval and adjustment of the investment program

12. If the approval of investment programs is carried out by the authorized executive body of the constituent entity of the Russian Federation, the regulated organization sends the draft developed investment program for approval to the local government body (bodies) of the settlement (city district), on the territory of which (which) the investment program activities are carried out, in terms of measures to ensure water supply and (or) sanitation of subscribers on the territory of the municipality, and to the executive authority of the constituent entity of the Russian Federation in the field of state regulation of tariffs (except for cases when the investment program is approved by the executive authorities of the constituent entities of the Russian Federation, whose powers include establishment of regulated prices (tariffs).

13. The local government body of the settlement (urban district) and the executive body of the constituent entity of the Russian Federation in the field of state regulation of tariffs are required to review the draft investment program and notify the regulated organization of approval or refusal of approval within 30 days from the date of submission of the draft investment program for approval . The local government body of the settlement (urban district) reviews the draft investment program for its compliance with the technical specifications in terms of activities implemented on the territory of this municipal entity, as well as in terms of activities implemented in the territory of other municipalities that affect the provision of water supply and (or) sanitation subscribers in the territory of this municipality. The local government body reviews the draft investment program developed in accordance with the concession agreement for its compliance with the measures provided for in the concession agreement, compliance of reliability, quality and energy efficiency indicators of centralized water supply and (or) sewerage systems with the planned values ​​of such indicators established by the concession agreement, compliance conditions for financing the investment program and long-term parameters for regulating the activities of the concessionaire established by the concession agreement.

The executive body of the constituent entity of the Russian Federation in the field of state regulation of tariffs assesses the availability of tariffs of the regulated organization for consumers by comparing the forecast growth rate of citizens' fees for public utilities, due to the consideration when setting tariffs in the field of water supply and sanitation of the costs of implementing the investment program of the regulated organization, with restrictions on the payment of citizens for utility services established in accordance with the requirements of the Housing Code of the Russian Federation.

The local government body of a settlement (urban district), in accordance with Part 5 of Article 40 of the Federal Law “On Water Supply and Sanitation”, has the right to involve independent organizations in the consideration of the draft investment program in order to analyze its validity. The grounds for refusal to approve a draft investment program developed in accordance with a concession agreement are the inconsistency of the draft investment program with the measures provided for in the concession agreement, the planned values ​​of indicators of reliability, quality and energy efficiency of centralized water supply and (or) sewerage systems, as well as the inconsistency of the conditions for financing the investment program to long-term parameters for regulating the activities of the concessionaire established by the concession agreement.

Paragraphs 3 - 4 are no longer valid as of November 21, 2017 - Resolution

The basis for refusal to approve the draft investment program by the local government body of the settlement (urban district) is the discrepancy of the investment program with the technical specifications.

The basis for refusal to approve a draft investment program by the executive authority of a constituent entity of the Russian Federation in the field of state regulation of tariffs is the unavailability of tariffs of the regulated organization for subscribers, except for the case specified in paragraph 17.2 of these Rules.

In case of refusal to approve a draft investment program, the local government body of the settlement (urban district) and the executive body of the constituent entity of the Russian Federation in the field of state regulation of tariffs are required to indicate the reason for the refusal.

14. The regulated organization is obliged, within 7 days after receiving a notification of refusal to approve the draft investment program, to finalize it and send it for re-approval, respectively, to the local government body of the settlement (urban district) or the executive body of the constituent entity of the Russian Federation in the field of state regulation of tariffs or send for signing by the local government body of a settlement (urban district) or the executive body of a constituent entity of the Russian Federation in the field of state regulation of tariffs a protocol of disagreements to the draft investment program, signed by the regulated organization.

The local government body of a settlement (urban district) or the executive body of a constituent entity of the Russian Federation in the field of state regulation of tariffs, no later than 7 days from the date of receipt of the protocol of disagreements to the draft investment program, is obliged to review it, sign it and send it to the regulated organization.

The regulated organization, within 3 days from the date of receipt of the specified protocol of disagreements from the local government body of the settlement (urban district) or the executive body of the constituent entity of the Russian Federation in the field of state regulation of tariffs, is obliged to send the draft investment program with the protocol of disagreements to the draft investment program to the authorized executive body subject of the Russian Federation for approval.

If the regulated organization fails to receive a protocol of disagreements to the draft investment program, signed by the head (deputy head) of the local government body of the settlement (urban district) or the head (deputy head) of the executive body of the constituent entity of the Russian Federation in the field of state regulation of tariffs, within the period established by the second paragraph of this paragraph, the protocol of disagreements to the draft investment program is considered agreed upon and the draft investment program can be sent to the authorized executive body of the constituent entity of the Russian Federation for approval with the protocol of disagreements to the draft investment program without the signature of the head (deputy head) of the local government body of the settlement (urban district) or the head (deputy head) of the executive authority of a constituent entity of the Russian Federation in the field of state regulation of tariffs.

15. The local government body of the settlement (urban district) and the executive body of the constituent entity of the Russian Federation in the field of state regulation of tariffs are obliged to consider the finalized draft investment program and notify the regulated organization of approval or refusal of approval within 7 days from the date of submission of the draft investment program to re-negotiation.

In case of repeated refusal to approve the draft investment program, its further approval is carried out in the manner prescribed by paragraphs 12-15 of these Rules.

16. The regulated organization, within 3 days from the date of receipt of approval from the local government body of the settlement (city district) and the executive body of the constituent entity of the Russian Federation in the field of state regulation of tariffs, is obliged to send the draft investment program to the authorized executive body of the constituent entity of the Russian Federation for approval.

17. The authorized executive body of the constituent entity of the Russian Federation reviews the draft investment program and the protocol of disagreements to the draft investment program (if any) within 30 days from the date of receipt. Based on the results of the review, the authorized executive body of the constituent entity of the Russian Federation makes a decision on approval of the investment program or on the need for its modification, indicating the reasons for the refusal to approve the investment program.

Information about changes:

By Decree of the Government of the Russian Federation of May 31, 2014 N 503, the Rules were supplemented with clause 17.1

17.1. The grounds for refusing approval of the draft investment program and sending it for revision are:

a) non-compliance of the investment program with the requirements for the content of the investment program specified in paragraph 10 of these Rules;

b) non-compliance of the investment program with the technical specifications;

c) unavailability of tariffs of the regulated organization for subscribers, except for the case specified in clause 17.2 of these Rules;

d) the excess of the cost of implementing the investment program measures specified in the draft investment program over the cost of implementing the specified measures, determined according to the aggregated standards of the creation price various types capital construction projects for non-production purposes and engineering infrastructure facilities approved by the Ministry of Construction and Housing and Communal Services of the Russian Federation;

e) the excess of the amount of costs for the implementation of activities included in accordance with the concession agreement in the approved investment program, and the costs for the implementation of activities included in accordance with the concession agreement in the investment program approved after the entry into force of the concession agreement and containing the activities included in the concession agreement , with the exception of activities financed by connection fees (technological connection), size limit expenses for the creation and (or) reconstruction of the object of the concession agreement and (or) modernization, replacement of obsolete and physically worn-out other property transferred by the concessionaire to the concessionaire under the concession agreement with new, more productive ones, other improvement of the characteristics and operational properties of such property, which is expected to be carried out by the concessionaire in accordance with with a concession agreement.

Information about changes:

By Decree of the Government of the Russian Federation of May 31, 2014 N 503, the Rules were supplemented with clause 17.2

17.2. The reason for refusal to approve the investment program of a regulated organization that is a concessionaire cannot be the unavailability of the concessionaire's tariffs for subscribers if such refusal leads to failure to fulfill the concessionaire's obligations for the construction, modernization and (or) reconstruction of the concession agreement object.

19. The approved investment program should not contain activities that are not supported by sources of financing.

22. The regulated organization finalizes the investment program and sends it for re-consideration to the authorized executive body of the constituent entity of the Russian Federation within 30 days from the date of sending the investment program for revision.

The authorized executive body of the constituent entity of the Russian Federation is obliged to consider the finalized draft investment program of the regulated organization in the manner prescribed by paragraphs 17 and these Rules, within 30 days from the date of its submission by the regulated organization for consideration.

Based on the results of consideration of the finalized draft investment program, the authorized executive body of the constituent entity of the Russian Federation makes a decision on approval of the investment program or on the need to consider any disagreements that have arisen in the manner prescribed by Section VI of these Rules.

23. If the approval of investment programs is carried out by the authorized local government body of the settlement (city district), the regulated organization sends the developed draft investment program for approval to the authorized local government body of the settlement (city district).

24. The authorized local government body reviews the draft investment program within 30 calendar days from the date of receipt of the project:

for an organization carrying out regulated activities on the basis of a concession agreement - for compliance with paragraphs 10, 10.1 and 10.2 of these Rules;

for an organization that does not carry out regulated activities on the basis of a concession agreement - for compliance with paragraphs 7 and 10.1 of these Rules.

The authorized local government body, in accordance with Part 5 of Article 40 of the Federal Law "On Water Supply and Sanitation", has the right to involve independent organizations in the consideration of the investment program in order to analyze its feasibility.

Based on the results of consideration of the investment program, the authorized local government body makes a decision on approval of the investment program or on the need for its modification, indicating the grounds for refusal to approve the investment program in accordance with clause 17.1 of these Rules.

The authorized local government body, no later than 3 working days from the date of the decision to approve the investment program or the need for its modification, sends a notification about this to the regulated organization.

25. If the authorized local government body has decided to send the investment program for revision, the regulated organization finalizes the investment program and sends it for re-consideration to the authorized local government body within 30 calendar days from the date of receipt of the investment program for revision.

The authorized local government body is obliged to consider the revised draft investment program of the regulated organization in accordance with paragraph 24 of these Rules within 30 calendar days from the date of its submission by the regulated organization for re-consideration.

Based on the results of consideration of the finalized draft investment program, the authorized local government body makes a decision on approval of the investment program or on the need to consider any disagreements that have arisen in the manner prescribed by Section VI of these Rules.

26. If the draft investment program meets the requirements specified in paragraphs 7 and these Rules, the authorized local government body of the settlement (urban district) sends the draft investment program for approval to the executive authority of the constituent entity of the Russian Federation in the field of state regulation of tariffs.

The approval of a draft investment program by the executive authority of a constituent entity of the Russian Federation in the field of state regulation of tariffs is carried out in a manner similar to the procedure provided for in paragraphs 12 - 16 of these Rules for the approval of an investment program approved by the authorized executive authority of a constituent entity of the Russian Federation.

32. The authorized executive body of a constituent entity of the Russian Federation or an authorized local government body approves the investment program before October 30 of the year preceding the start of implementation of the investment program.

The investment program of a regulated organization that has entered into a concession agreement, in the first year from the date of entry into force of the concession agreement, is approved by the authorized executive body of a constituent entity of the Russian Federation or an authorized local government body no later than 30 calendar days from the date of sending the draft investment program for approval, including the draft investment program, modified in accordance with paragraph 22 or these Rules, for the entire duration of the investment program, starting from the current regulatory period.

33. A regulated organization has the right to apply to the authorized executive body of a constituent entity of the Russian Federation or an authorized local government body with an application for adjustment of the investment program, including for the entire period of its validity, taking into account changes in the conditions of activity of the regulated organization, as well as in cases provided for Federal Law "On Water Supply and Sanitation".

When adjusting the investment program, it is not allowed to reduce the size own funds, which are sources of financing the investment program and taken into account when setting tariffs in accordance with the Basic Principles of Pricing by Decree of the Government of the Russian Federation dated May 13, 2013 N 406 “On state regulation of tariffs in the field of water supply and sanitation”, as well as deterioration of the planned values ​​of indicators of reliability, quality and energy efficiency installed on Last year the duration of the investment program, except in cases of force majeure circumstances, the transfer of ownerless property and the inclusion of measures for the reconstruction and (or) modernization of such property in the investment program, amendments to water supply and sanitation schemes, as well as cases where adopted federal laws and ( or) other regulatory legal acts of the Russian Federation, constituent entities of the Russian Federation, local governments lead to a deterioration in the position of the regulated organization in such a way that it is largely deprived of what it had the right to count on when approving the investment program, including establishing a regime of prohibitions and restrictions in relation to the regulated organization that worsen its position in comparison with the regime that operated in accordance with the regulatory legal acts of the Russian Federation, constituent entities of the Russian Federation, local governments at the time of approval of the investment program.

The investment program is adjusted based on the terms of reference for adjusting the investment program. The terms of reference for adjusting the investment program contain the provisions specified in paragraph 7 of these Rules and (or) other provisions of the approved investment program, the adjustment of which is carried out. These provisions are included in the terms of reference for adjusting the investment program in accordance with the application for the issuance of terms of reference for adjusting the investment program, which is sent by the regulated organization to the authorized local government body that previously approved the terms of reference for the development of the investment program.

The authorized local government body approves the terms of reference for adjusting the investment program no later than 15 working days from the date of receipt of the application from the regulated organization and no later than 3 working days from the date of approval of the specified terms of reference sends it to the regulated organization to develop a project for adjusting the investment program.

34. To adjust the investment program, the regulated organization submits to the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body a project for adjusting the investment program, developed on the basis of the terms of reference for adjusting the investment program. The project for adjusting the investment program must contain proposals to include new measures in the investment program, postpone the implementation of measures and change the cost of their implementation, as well as materials and documents justifying the need to adjust the investment program.

The draft adjustment of the investment program (approved including for the current year) is sent by the regulated organization by August 30 of the current year to the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body.

Adjustments to the investment program are carried out in the manner prescribed by paragraphs 12 - 26 of these Rules. The authorized executive body of a constituent entity of the Russian Federation or an authorized local government body is obliged to make a decision on the approval of changes made to the investment program, or on the refusal to approve the corresponding changes, before November 20 of the year in which the project for adjusting the investment program was sent to the authorized executive body authorities of a constituent entity of the Russian Federation or an authorized local government body.

Submission by a regulated organization of an application for adjustment of the investment program (approved including for the current year) related to measures for connection (technological connection) to centralized cold water supply and (or) wastewater disposal systems, and the introduction of appropriate changes to it can be carried out throughout the year .

In case of changes or exclusions of the investment program activities or postponement of their implementation, the planned values ​​of indicators of reliability, quality and energy efficiency of centralized water supply and (or) sanitation systems must be adjusted accordingly.

35. The regulated organization has the right to decide to change the list of activities of the investment program within 10 percent of the costs of its implementation, provided that such a change does not entail an increase in the total costs of implementing the investment program as a whole.

Within 7 days from the date of adoption of this decision, the regulated organization notifies the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body of the settlement (urban district) that approved the investment program.

The expenses of the regulated organization arising in connection with the adoption of this decision are taken into account when setting tariffs in the manner established by the Basic Principles of Pricing in the Field of Water Supply and Sanitation, approved by the resolution

36. Decisions of the authorized executive body of a constituent entity of the Russian Federation or an authorized local government body of a settlement (urban district) on approval of an investment program, on adjustments to the investment program are subject to official publication in the manner prescribed for the publication of acts of government bodies of a constituent entity of the Russian Federation or acts of local government bodies (in case the local government body is vested with the authority to approve investment programs).

Information about changes:

The rules were supplemented by clause 36.1 from November 21, 2017 - Decree of the Government of the Russian Federation of November 17, 2017 N 1390

36.1. Changes in the expenses of the regulated organization that arose in connection with the adoption of the decision specified in paragraph 36 of these Rules are taken into account when setting (adjusting) tariffs in the manner established by the Basic Principles of Pricing in the Field of Water Supply and Sanitation, approved by Decree of the Government of the Russian Federation dated May 13, 2013 N 406 "On state regulation of tariffs in the field of water supply and sanitation."

V. Event plans

37. Action plans to bring the quality of drinking water and hot water into compliance with established requirements are developed by a regulated organization and are subject to agreement with territorial authorities federal bodies executive authorities carrying out federal state sanitary and epidemiological supervision (hereinafter referred to as territorial bodies).

38. A plan for reducing discharges of pollutants, other substances and microorganisms is developed in accordance with the requirements established by the Government of the Russian Federation, and approved by organizations engaged in wastewater disposal, in agreement with the executive authorities of the constituent entity of the Russian Federation, the local government body of the settlement (city district) and territorial organ.

39. The regulated organization, before July 1 of the year preceding the year of the start of the implementation period of the action plan, submits the action plan for approval to the territorial body.

40. The territorial body reviews the action plan within 30 days and sends conclusions on its approval or refusal to approve the action plan to the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body of the settlement (urban district) and the regulated organization.

41. The basis for refusal to approve the action plan is the impossibility of achieving the requirements established by the legislation of the Russian Federation in the field of sanitary and epidemiological well-being of humans within 7 years from the beginning of the implementation of the action plan.

42. If the territorial body refuses to approve the action plan, the regulated organization is obliged to revise the action plan and send it for re-consideration within 14 days.

The territorial body reconsiders the revised action plan and approves it within 14 days from the date of its receipt for reconsideration.

43. In case of repeated refusal to approve the action plan, its further approval is carried out in the manner prescribed by paragraph 42 of these Rules.

VI. Consideration of disagreements when agreeing and approving investment programs

44. In the event of disagreements arising during the coordination and approval of the investment program, the regulated organization has the right to submit to the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body of the settlement (urban district) an application to resolve the disagreements that have arisen (hereinafter referred to as the application).

45. The application form and the list of attached documents are determined by the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body of the settlement (urban district).

46. ​​Consideration of disagreements is subject to suspension if it is necessary to obtain additional information, including an examination.

47. Resumption of consideration of disagreements is carried out after eliminating the reasons that served as the basis for suspending consideration of disagreements.

Suspension (resumption) of consideration of disagreements is carried out on the basis of a decision of the authorized executive body of a constituent entity of the Russian Federation or an authorized local government body of a settlement (urban district) in the form of an order.

The reasons for suspending the consideration of disagreements must be indicated in the decision to suspend the consideration of disagreements.

48. Consideration of disagreements may be terminated before a decision is made in the following cases:

b) withdrawal of the application by the regulated organization;

c) identification during the consideration of disagreements, including the results of the examination, circumstances indicating that consideration of the issues contained in the application does not fall within the competence of the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body of the settlement (urban district ).

49. Decisions of the authorized executive body of a constituent entity of the Russian Federation or an authorized local government body of a settlement (urban district) to suspend, resume or terminate the consideration of disagreements are sent within 3 working days from the date of their adoption to the regulated organization. These decisions contain descriptive, motivating and operative parts.

50. Consideration of disagreements is carried out at conciliation meetings with the participation of representatives of the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body of the settlement (city district), the tariff regulatory body, the local government body of the settlement (city district) and independent organizations with the invitation of representatives of the regulated organization.

Representatives of these bodies and organizations must be notified of the date, time and place of the conciliation meeting no later than 5 working days before the day of its holding.

51. The progress of consideration of disagreements is reflected in the protocol, which indicates:

a) date and place of consideration of disagreements;

b) the essence of the issue under consideration;

c) information about identification documents and confirming the authority of persons participating in the consideration of disagreements;

d) oral statements and petitions of persons participating in the consideration of disagreements;

e) information about the materials that were examined during the consideration of disagreements;

f) other information that served as the basis for the decision;

52. The minutes are signed by the chairman and secretary of the conciliation meeting. A duly certified copy of the protocol is sent to the participants of the conciliation meeting specified in paragraph 50 of these Rules within 5 working days from the date of its signing.

53. The decision made based on the results of consideration of disagreements is binding on the bodies and organizations specified in paragraph 50

54. A decision made based on the results of consideration of disagreements may be appealed in accordance with the procedure established by law.

VII. Monitoring the implementation of investment programs

55. Control over the implementation of investment programs is carried out by the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body of the settlement (urban district).

56. Control over the implementation of investment programs includes:

a) monitoring the timing of the implementation schedule for investment program activities;

b) control of financing of projects provided for by investment programs;

c) monitoring the achievement of planned values ​​of reliability, quality and energy efficiency indicators of centralized water supply and (or) sanitation systems during the implementation period of investment programs;

d) control of the use of connection fees (technological connection) to the objects of the centralized water supply and (or) sanitation system;

e) conducting inspections of the progress of implementation of investment programs, including monitoring their implementation in terms of construction (reconstruction, modernization) of centralized water supply and (or) sanitation systems;

f) analysis and synthesis of reports on the implementation of investment programs of regulated organizations;

Information about changes:

By Decree of the Government of the Russian Federation of May 31, 2014 N 503, paragraph 56 was supplemented with subparagraph "g"

g) control over the fulfillment of the terms of investment obligations in relation to closed hot water supply systems and individual objects of such systems in the case provided for by the legislation of the Russian Federation on privatization.

57. Regulated organizations quarterly, no later than 45 days after the end of the reporting quarter, submit reports on the implementation of investment programs for the previous quarter to the authorized executive body of a constituent entity of the Russian Federation or the authorized local government body of a settlement (urban district).

Annually, no later than 45 days after submitting the annual financial statements regulated organizations submit reports on the implementation of investment programs for the previous year to the authorized executive body of a constituent entity of the Russian Federation or the authorized local government body of a settlement (urban district).

58. The authorized executive body of a constituent entity of the Russian Federation or the authorized local government body of a settlement (urban district), exercising, in accordance with paragraph 55 of these Rules, control over the implementation of investment programs, annually, before May 1 of the year following the reporting year, submit to the tariff regulatory body , as well as to the Ministry of Construction and Housing and Communal Services of the Russian Federation information on the results of the control provided for in paragraph 56 of these Rules.

Rules
development, approval and adjustment of production programs of organizations providing hot water supply, cold water supply and (or) sanitation
(approved by Decree of the Government of the Russian Federation dated July 29, 2013 N 641)

With changes and additions from:

I. General provisions

1. These Rules establish the procedure for the development, approval and adjustment of production programs of organizations providing hot water supply, cold water supply and (or) sanitation using centralized systems (hereinafter referred to as regulated organizations, production programs), requirements for the content of production programs, the procedure for resolving disagreements when approving production programs and the procedure for monitoring their implementation.

2. A draft production program is developed by a regulated organization and approved by the authorized executive body of a constituent entity of the Russian Federation in the field of state regulation of tariffs or by a local government body of a settlement (urban district), if the law of a constituent entity of the Russian Federation has transferred to it the powers to implement state regulation of tariffs (hereinafter - authorized body).

3. The production program is developed for the duration of the regulated tariffs of the regulated organization.

4. The production program must include activities aimed at carrying out the current (operational) activities of the regulated organization and at maintaining the facilities of centralized hot water supply, cold water supply (hereinafter referred to as centralized water supply systems) and (or) wastewater disposal systems in a condition that meets the established requirements technical regulations, with the exception of construction, reconstruction and modernization of such facilities.

5. The production program includes:

a) passport of the production program, including the following information:

name of the regulated organization for which the production program is being developed, its location;

name of the authorized body that approved the production program, its location;

period of implementation of the production program;

b) a list of planned activities for the repair of centralized water supply and (or) sanitation systems, measures aimed at improving the quality of drinking water, the quality of hot water and (or) the quality of wastewater treatment, measures for energy saving and increasing energy efficiency, including reducing water losses during transportation;

h) report on the implementation of the production program for the expired regulation period (for the past year of the long-term regulation period);

i) measures aimed at improving the quality of customer service.

6. The volume of financial needs necessary for the implementation of production program activities aimed at maintaining centralized water supply and (or) sewerage systems in a condition that meets the established requirements of technical regulations, with the exception of the construction, reconstruction and modernization of such facilities, is determined taking into account the enlarged estimate standards for non-production facilities and engineering infrastructure approved by the Ministry of Construction and Housing and Communal Services of the Russian Federation.

III. Development, approval and adjustment of the production program

7. The draft production program is developed taking into account:

a) results technical inspection centralized water supply and (or) sanitation systems;

b) planned values ​​of indicators of reliability, quality and energy efficiency of objects of centralized water supply and (or) sanitation systems;

c) decisions of the local government body of the settlement (urban district) to terminate hot water supply using open heat supply systems (hot water supply) and to transfer subscribers whose facilities are connected to such systems to other hot water supply systems.

8. Regulated organization (with the exception of regulated organizations that own centralized water supply and (or) sewerage systems, individual objects of such systems on the basis of a concession agreement concluded in this year) sends the draft production program for approval to the authorized body before May 1 of the year preceding the year of the start of the period of implementation of the production program.

If a regulated organization owns centralized water supply and (or) sewerage systems, individual objects of such systems on the basis of a concession agreement concluded in the current year, such a regulated organization shall submit a draft production program for approval to the authorized body before December 1 of the current year.

9. The authorized body, within 30 days from the date of receipt of the draft production program, checks it for compliance with the requirements specified in paragraph 5 of these Rules (hereinafter referred to as the requirements).

If the draft production program does not meet the requirements, the authorized body notifies the regulated organization and returns the draft production program to it for revision.

The regulated organization is obliged to finalize the draft production program within 10 days from the date of receipt of the notification and submit it to the authorized body for re-consideration.

The authorized body has the right to involve independent organizations in reviewing the production program in order to analyze its validity.

10. If the draft production program meets the requirements, the authorized executive body of the constituent entity of the Russian Federation assesses the availability for subscribers of the tariffs of the regulated organization, calculated taking into account the economically justified costs of implementing the production program. The specified tariffs are considered affordable for subscribers if their size does not entail exceeding the maximum index of the maximum possible change in tariffs in the field of water supply and sanitation, established for the next period of regulation by the Federal Antimonopoly Service on average for the constituent entity of the Russian Federation, or if the decision to approve tariffs leading to exceeding the specified limit index are agreed upon with the Federal Antimonopoly Service in the prescribed manner.

14. Review of the revised draft production program is carried out by the authorized body within 14 days from the date of its re-receipt.

15. The authorized body approves the production program no later than December 20 of the year preceding the year in which the production program began.

16. The decision to approve the production program is subject to official publication in the manner prescribed for the publication of acts of public authorities of a constituent entity of the Russian Federation.

17. Adjustment of the production program is carried out by the regulated organization in the event of a change in the conditions for the implementation of activities of the production program, leading to an increase in the costs of their implementation, including in the event of a change in the legislation of the Russian Federation that affects the conditions for the implementation of the production program.

The regulated organization submits to the authorized body a draft amended production program (production program in new edition), which should contain proposals to include new activities in the production program, to postpone the implementation of activities in the production program and to change the cost of these activities, as well as materials and documents justifying the need to adjust the production program.

Review and approval by the authorized body of proposals from the regulated organization to make changes to the production program is carried out in the manner prescribed by paragraphs 8-11 of these Rules.

18. When adjusting the production program, which involves an increase in the financial needs necessary for its implementation, these financial needs are taken into account when setting tariffs in the manner established by the Basic Principles of Pricing in the Field of Water Supply and Sanitation, approved by Decree of the Government of the Russian Federation of May 13, 2013 N 406.

IV. Consideration of disagreements when approving production programs

19. If disagreements arise when approving a production program, the regulated organization has the right to submit an application to the authorized body in order to resolve the disagreements that have arisen.

20. The application form and list of attached documents are determined by the authorized body.

21. Consideration of disagreements is subject to suspension if it is necessary to obtain additional information, including an examination.

22. Resumption of consideration of disagreements is carried out after eliminating the reasons that served as the basis for suspending consideration of disagreements.

Suspension and resumption of consideration of disagreements is carried out on the basis of a decision of the authorized body in the form of an order.

The reasons for suspending the consideration of disagreements must be indicated in the decision of the authorized body to suspend the consideration of disagreements.

The decision to suspend (resume) the consideration of disagreements is made within 3 working days from the date of occurrence (elimination) of these circumstances.

If a decision is made to suspend the consideration of disagreements, their consideration ceases from the date of adoption of this decision and continues from the date of the decision to resume consideration of disagreements.

23. Consideration of disagreements may be terminated before a decision is made in the following cases:

a) liquidation of the regulated organization;

b) withdrawal of the application by the applicant;

c) during the consideration of disagreements, including the results of the examination, circumstances indicating that consideration of the issues contained in the application do not fall within the competence of the authorized body.

24. The decision of the authorized body to suspend (renew or terminate) the consideration of disagreements within 3 working days from the date of its adoption is sent to the regulated organization and contains descriptive, motivational and operative parts.

25. Consideration of disagreements is carried out at conciliation meetings with the participation of representatives of the authorized body, local government body of the settlement (urban district), independent organizations with the invitation of representatives of the regulated organization.

and) decision, containing descriptive, motivational and operative parts.

27. The minutes are signed by the chairman and secretary of the conciliation meeting. A duly certified copy of the protocol is sent to the participants of the conciliation meeting specified in paragraph 25 of these Rules within 5 working days from the date of its signing.

28. The decision of the authorized body, adopted based on the results of consideration of disagreements, is binding on the bodies and organizations specified in paragraph 25 of these Rules, and is subject to execution within 1 month from the date of its adoption, unless a different period is specified in the decision.

29. The decision of the authorized body, adopted based on the results of consideration of disagreements, may be appealed in the manner prescribed by the legislation of the Russian Federation.

V. Monitoring the implementation of production programs

30. Control over the implementation of production programs is carried out by the authorized body.

31. Monitoring the implementation of production programs includes:

a) monitoring the deadlines for implementing schedules for the implementation of production program activities;

b) monitoring the planned values ​​of reliability, quality and energy efficiency indicators of centralized water supply and (or) sanitation systems;

c) control over the financing of activities provided for by production programs for the repair of centralized water supply and (or) sewerage system facilities, activities aimed at improving the quality of drinking water, the quality of hot water and (or) the quality of wastewater treatment, measures to save energy and increase the energy efficiency of facilities centralized water supply and (or) sanitation systems, measures to reduce water losses during transportation;

d) conducting inspections of the progress of implementation of production programs, including measures aimed at improving the quality of drinking water, the quality of hot water and (or) the quality of wastewater treatment, measures to save energy and increase the energy efficiency of centralized water supply and (or) wastewater disposal systems, measures to reduce water losses during transportation.

32. Regulated organizations annually, before April 1, submit reports to the authorized body on the implementation of production programs for the previous year.

3. Clause 4 of the Rules for the development, approval and adjustment of investment programs of organizations providing hot water supply, cold water supply and (or) sanitation, approved by this resolution, comes into force on January 1, 2014.

RULES FOR DEVELOPMENT, APPROVAL, APPROVAL AND ADJUSTMENT OF INVESTMENT PROGRAMS OF ORGANIZATIONS PROVIDING HOT WATER SUPPLY, COLD WATER SUPPLY AND (OR) WATER DISMINATION

1. These Rules determine the procedure for the development, coordination, approval and adjustment of investment programs of organizations providing hot water supply, cold water supply and (or) sanitation using centralized systems (with the exception of organizations providing hot water supply using open hot water supply systems) (hereinafter, respectively - investment program, regulated organizations), including action plans to bring the quality of drinking water into compliance with established requirements, action plans to bring the quality of hot water into compliance with established requirements, requirements for the composition of investment programs, the procedure for considering disagreements when approving investment programs and the procedure for monitoring their implementation.

2. The draft investment program is developed by a regulated organization, the investment program is approved by the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body of the settlement (urban district), if the law of the constituent entity of the Russian Federation has transferred to it the authority to approve the investment program (hereinafter referred to as the authorized body of the local self-government of the settlement (urban district).

3. If the investment program is approved by the authorized executive body of a constituent entity of the Russian Federation, the draft investment program is subject to agreement with local government bodies of settlements (urban districts), on the territory of which the centralized cold water supply system, centralized hot water supply system (hereinafter referred to as the centralized systems water supply) and (or) sewerage and capital construction facilities of subscribers to whom water is supplied and from whom wastewater is received using these systems (hereinafter referred to as local government bodies of settlements (urban districts), in accordance with paragraphs 12 - 15 of these Rules.

5. If the objects of centralized water supply and (or) sewerage systems and capital construction projects of subscribers to whom water is supplied and (or) from whom waste water is received using these systems are located within the borders of several constituent entities of the Russian Federation, the investment program is approved by the authorized body executive power of a constituent entity of the Russian Federation, in which the volume of supplied water and (or) accepted wastewater from subscribers in kind constitutes the largest share (percentage) of the total volume of supplied water and (or) accepted wastewater in kind, in agreement with the authorized bodies of the executive authorities of the constituent entities of the Russian Federation, on whose territory some of the objects of centralized water supply and (or) sanitation systems are located.

If by law of a constituent entity of the Russian Federation the powers to approve the investment program are transferred to the local government body of the settlement (urban district) and the objects of centralized water supply and (or) sewerage systems, as well as capital construction objects of subscribers to whom water is supplied and (or) from which wastewater is received water using these systems are located within the boundaries of several settlements (urban districts), the investment program is approved by the authorized local government body of the settlement (urban district), in which the volume of supplied water and (or) wastewater received from subscribers in physical terms constitutes the largest share ( percentage) of the total volume of water supplied and (or) wastewater received in physical terms, in agreement with the authorized local government bodies of settlements (urban districts), on the territory of which part of the objects of centralized water supply and (or) sanitation systems are located.

6. The draft investment program is developed on the basis of the terms of reference for the development of an investment program of a regulated organization (hereinafter referred to as the terms of reference). The terms of reference are developed and approved by the local government body of the settlement (urban district).

If the facilities of centralized water supply and (or) sewerage systems and capital construction facilities of subscribers to whom water is supplied and (or) from whom wastewater is received using these systems are located within the boundaries of several settlements (urban districts), the terms of reference are developed by agreement with local governments of settlements (urban districts), within the boundaries of whose territories the specified objects are located.

For these purposes, the local government body of the settlement (urban district), on the territory of which the volume of supplied water and (or) accepted wastewater from subscribers constitutes the largest share (percentage) of the total volume of supplied water and (or) accepted wastewater in physical terms, develops and sends the terms of reference to the local government bodies of settlements (urban districts), on whose territory there are facilities of centralized water supply and (or) sewerage systems and capital construction facilities of subscribers to whom water is supplied and (or) from which wastewater is received using these systems (hereinafter - subscribers).

Local government bodies of settlements (urban districts) coordinate the terms of reference or send proposals to amend the terms of reference to the local government body of the settlement (urban district) that developed the terms of reference within 30 days from the date of receipt of the terms of reference for approval.

The local government body of the settlement (city district), which developed the terms of reference, is obliged to take into account the proposals of the local government bodies of the settlements (city districts) to which the terms of reference were sent for approval, and send the revised terms of reference for re-approval within 10 days from the date of receipt of the proposals on making appropriate changes.

If local government bodies of settlements (urban districts) have submitted mutually exclusive proposals, then the technical specifications take into account the proposals of that local government body of the settlement (urban district) in whose territory the volume of water supplied or wastewater received from subscribers constitutes the largest share (percentage) of the total volume of supplied water or received wastewater in physical terms.

a) a list of capital construction facilities of subscribers that need to be connected to centralized water supply and (or) sanitation systems, or a list of territories in which such facilities are located, indicating the locations of the connected facilities, loads and connection times;

c) a list of measures for the construction, modernization and (or) reconstruction of facilities of centralized water supply and (or) sanitation systems, indicating the planned values ​​of indicators of reliability, quality and energy efficiency of facilities that should be achieved as a result of the implementation of such measures;

d) a list of measures to protect centralized water supply and (or) sewerage systems and their individual facilities from man-made, natural threats and terrorist acts, to prevent emergency situations, reduce risk and mitigate the consequences of emergency situations.

8. In cases where provided for in articles 23, 24 and 26 of the Federal Law “On Water Supply and Sanitation”, the terms of reference must include the measures contained in the action plan to bring the quality of drinking water into compliance with established requirements, the action plan to bring the quality of hot water into compliance with established requirements and the reduction plan discharges of pollutants, other substances and microorganisms (hereinafter referred to as action plans).

9. The local government body of the settlement (city district), before March 1 of the year preceding the year of the start of the planned period of validity of the investment program, approves the terms of reference and no later than 3 days from the date of its approval sends it to the regulated organization for the development of the investment program.

10. The investment program includes construction activities, as well as activities for the modernization and (or) reconstruction of centralized water supply and (or) sanitation systems, ensuring a change in the technical characteristics of these facilities and implying a change in the initial (full) cost of the modernized and (or) reconstructed objects, the feasibility of which is justified in the water supply and sanitation schemes. The investment program must contain:

the name of the authorized executive body of the constituent entity of the Russian Federation or the authorized local government body of the settlement (urban district) that approved the investment program, its location;

planned values ​​of indicators of reliability, quality and energy efficiency of centralized water supply and (or) sanitation systems, established by the executive authority of a constituent entity of the Russian Federation, separately for each year during the implementation period of the investment program. If the creation of centralized water supply and (or) sanitation systems, their individual facilities, modernization and (or) reconstruction of centralized water supply and (or) sanitation systems or such facilities are provided for by a concession agreement or an agreement on the conditions for carrying out regulated activities in the field of water supply and sanitation, the planned values ​​of indicators of reliability, quality and energy efficiency of centralized water supply and (or) sewerage systems and the time frame for their achievement, provided for by the approved investment program, must be identical to the planned values ​​of these indicators and the time frame for their achievement, established respectively by the concession agreement or the agreement on the conditions for the implementation of the regulated activities in the field of water supply and sanitation;

b) a list of activities for the preparation of project documentation, construction, modernization and (or) reconstruction of existing facilities of centralized water supply and (or) sanitation systems, their brief description, including justification of their necessity, the amount of costs for construction, modernization and (or) reconstruction each of the objects of centralized water supply and (or) sanitation systems provided for by the measures (in forecast prices of the corresponding year, determined using forecast price indices established in the forecast of socio-economic development of the Russian Federation for the next financial year and planning period, approved by the Ministry of Economic Development of the Russian Federation Federation), description and location of centralized water supply and (or) sanitation systems facilities under construction, modernization and (or) reconstruction, ensuring unambiguous identification of such facilities, the main technical characteristics of such facilities before and after the implementation of the event;