Investment program for waste management. A new procedure for the development, coordination, approval and adjustment of investment and production programs in the field of waste management has been approved. Investment program: what is it

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On approval of the procedure for developing, approving and adjusting investment and production programs in the field of municipal solid waste management, including the procedure for determining planned and actual values of performance indicators...

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On approval of the procedure for developing, approving and adjusting investment and production programs in the field of municipal solid waste management, including the procedure for determining planned and actual values of performance indicators for processing, neutralization, and disposal of municipal solid waste, as well as monitoring the implementation of investment and production programs *

Document with changes made:
(Official Internet portal of legal information www.pravo.gov.ru, 07.18.2018, N 0001201807180006).
____________________________________________________________________
____________________________________________________________________
The document takes into account:
(changes came into force on December 31, 2017).
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________________

by Decree of the Government of the Russian Federation of July 12, 2018 N 815..

In accordance with Article 5 and paragraph 3 of Article 24_13 of the Federal Law "On Production and Consumption Waste" the Government of the Russian Federation

decides:

Approve the attached:

Rules for the development, approval and adjustment of investment programs in the field of municipal solid waste management, as well as monitoring their implementation;
Decree of the Government of the Russian Federation of July 12, 2018 N 815.

Rules for the development, approval and adjustment of production programs in the field of municipal solid waste management, as well as monitoring their implementation;
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

Rules for determining the planned and actual values of performance indicators for processing, neutralization and disposal of municipal solid waste.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

Chairman of the Government
Russian Federation
D.Medvedev

Rules for the development, approval and adjustment of investment programs in the field of municipal solid waste management, as well as monitoring their implementation

APPROVED
Government resolution
Russian Federation
dated May 16, 2016 N 424

________________

* Name as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815..

I. General provisions

1. These Rules establish the procedure for the development, approval and adjustment of investment programs in the field of municipal solid waste management (hereinafter referred to as investment programs), requirements for the content of investment programs and the procedure for considering disagreements upon their approval, as well as the procedure for monitoring their implementation.

Investment programs are approved for municipal solid waste management operators carrying out regulated activities in the field of municipal solid waste management and carrying out the construction, reconstruction of processing, neutralization, disposal facilities for municipal solid waste (hereinafter referred to as the regulated organization), legal entities and individual entrepreneurs, not carrying out regulated types of activities in the field of municipal solid waste management and carrying out the construction, reconstruction of accumulation, processing, recycling, neutralization, disposal facilities for municipal solid waste (hereinafter referred to as facilities), including in accordance with a concession agreement, public-private agreement partnership, municipal-private partnership, investment agreement (hereinafter referred to as a non-regulated organization).
Decree of the Government of the Russian Federation of July 12, 2018 N 815.

2. The draft investment program is developed by a regulated organization and a non-regulated organization.

The investment program is approved by the authorized executive body of the constituent entity of the Russian Federation (hereinafter referred to as the authorized body).

If funds taken into account when setting tariffs in the field of municipal solid waste management are indicated as a source of financing for the investment program, and the investment program is approved by an authorized body whose powers do not include the establishment of regulated tariffs, then in this case the investment program is approved taking into account the conclusion on affordability or the unavailability of the organization’s tariffs for consumers of the executive body of a constituent entity of the Russian Federation in the field of state regulation of tariffs or a local government body in the event of the transfer of relevant powers in the field of state regulation of tariffs to it by the law of the constituent entity of the Russian Federation.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

3. The investment program must include measures for the construction and reconstruction of facilities, implemented by a regulated organization or a non-regulated organization, provided for by the territorial scheme in the field of waste management, including municipal solid waste (hereinafter referred to as the territorial waste management scheme), an agreement between the authority state authority of a constituent entity of the Russian Federation and a regional operator for the management of municipal solid waste (hereinafter referred to as an agreement with the state authority of a constituent entity of the Russian Federation), concession agreements, an agreement on public-private partnership, municipal-private partnership, investment agreement (hereinafter referred to as investment program activities ).
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

Inclusion in the investment program of activities, as well as parameters for the implementation of investment program activities, not provided for by the territorial waste management scheme, agreement with the government authority of the constituent entity of the Russian Federation, concession agreements, public-private partnership agreement, municipal-private partnership, investment agreement, not allowed.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

4. The investment program is developed for a period determined by the regulated organization or non-regulated organization. For a regulated organization, the validity period of the investment program cannot be less than the validity period of the tariffs of the regulated organization.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

II. Requirements for the content of the investment program

5. The investment program includes:

a) investment program passport containing the following information:

the name of the regulated organization or non-regulated organization, its location and contacts of responsible persons;
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

planned and actual values of performance indicators for facilities for processing, neutralization, and disposal of solid municipal waste separately for each year during the implementation period of the investment program, including before and after its implementation;
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

b) a list of investment program activities, their description and justification for the need for them, including:

an indication of the regulated or unregulated activities carried out at the facilities;
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

the volume of financial needs for the implementation of each activity of the investment program (in prices of the last reporting year preceding the year in which the investment program began, and in forecast prices for the corresponding year, determined using the consumer price index for the next year and planning period);

description and location (coordinates) of objects under construction and reconstruction, ensuring their unambiguous identification;
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

main technical characteristics of objects before and after the implementation of the investment program;

list of activities for the preparation of project documentation for the implementation of investment program activities;

c) a schedule for the implementation of the investment program activities, indicating the start and end dates of the work, the stages of the work;

d) the financial plan of a regulated organization or a non-regulated organization, drawn up for the period of implementation of the investment program, the volume of financial needs for the implementation of each activity of the investment program and the sources of their financing for each year of the investment program (in prices of the last reporting year preceding the year of the start of the investment program, and in the forecast prices of the corresponding year, determined using the consumer price index for the next year and the planning period. If there is no consumer price index for the next year in the specified forecast, the index for the last year specified in the forecast is used);
Decree of the Government of the Russian Federation of July 12, 2018 N 815.

e) preliminary calculation of tariffs in the field of solid municipal waste management;

f) results of technological and price audits (in cases provided for by the legislation of the Russian Federation).

5_1. The investment program of a regulated organization or a non-regulated organization operating under a concession agreement, the object of which is facilities where accumulation, processing, disposal, neutralization, and disposal of municipal solid waste are carried out, additionally contains information on the amount of expenses financed from the grantor’s funds, for the creation and (or) reconstruction of the object of the concession agreement, the costs of using (operating) the specified object, for providing the concessionaire with state or municipal guarantees, the amount of expenses assumed by the concession grantor, the amount of the grantor's payment under the concession agreement for each year of the validity of the concession agreement.
Decree of the Government of the Russian Federation of July 12, 2018 N 815)

5_2. The volume of financial requirements for the implementation of the investment program includes all costs associated with the implementation of the investment program, including costs for the creation and (or) reconstruction of the object of the concession agreement, which are expected to be carried out during the entire period of validity of the concession agreement by the concessionaire.
(The paragraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

6. Activities of the investment program are divided into the following groups:

a) measures of the investment program regarding the accumulation of municipal solid waste;

b) activities of the investment program regarding the treatment of municipal solid waste;

c) activities of the investment program regarding the disposal of municipal solid waste;

d) activities of the investment program regarding the disposal of municipal solid waste;

e) investment program activities regarding the storage of municipal solid waste;

f) investment program activities regarding the disposal of municipal solid waste.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

6_1. In case of implementation of the measures provided for in subparagraphs "a", "c" and "e" of paragraph 6 of these Rules, the investment program must contain a separate financial plan provided for in subparagraph "d" of paragraph 5 of these Rules, while the investment program does not include a preliminary calculation of tariffs in the field of municipal solid waste management in relation to such activities.
(The paragraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

7. If several regulated types of activities in the field of waste management are carried out at the facility for processing, neutralization, and disposal of solid municipal waste, the costs of implementing the investment program activities are taken into account for each type of activity separately.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

Expenses for the implementation of investment program activities are taken into account for each type of activity separately.
Decree of the Government of the Russian Federation of July 12, 2018 N 815)

8. For objects for which project documentation has not been approved, the planned costs for the implementation of the investment program activities are indicated. After approval of the project documentation, these expenses must be adjusted in the manner prescribed for adjusting the investment program.

9. For each municipal solid waste disposal site, its residual capacity for the disposal of solid municipal waste must be indicated before and after the implementation of the investment program.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

10. The following may be indicated as sources of financing for the investment program:

a) the following funds taken into account when setting the tariffs of the regulated organization and allocated for capital investments:

depreciation deductions;

standard profit;

b) raised funds - loans and credits;

c) funds from the budgets of the budget system of the Russian Federation, including:

funds provided for by state programs of the Russian Federation for carrying out engineering surveys, preparing design documentation for the construction of facilities, for the construction and equipping of facilities, if the activities of the investment program are included in regional programs in the field of waste management and territorial waste management schemes;

expenses of the grantor for the creation and (or) reconstruction of the facility that is the subject of the concession agreement in accordance with the legislation of the Russian Federation on concession agreements;
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

d) other sources of financing.

10_1. Subparagraph "a" of paragraph 10 of these Rules does not apply when implementing the measures provided for in subparagraphs "a", "c" and "d" of paragraph 6 of these Rules.
(The paragraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

III. The procedure for developing and approving an investment program, as well as monitoring its implementation

Decree of the Government of the Russian Federation of July 12, 2018 N 815.

11. A regulated organization or a non-regulated organization develops a draft investment program based on the territorial waste management scheme.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

11_1. In the case specified in paragraph three of clause 2 of these Rules, a regulated organization or a non-regulated organization sends the developed draft investment program for consideration to the executive authority of the constituent entity of the Russian Federation in the field of state regulation of tariffs or to the local government body (bodies) in the event of the transfer of relevant powers to it in the field of state regulation of tariffs by the law of the subject of the Russian Federation, within the boundaries of the municipal entity (municipal entities) of which the objects are located or planned to be located (hereinafter referred to as the regulatory body), until July 15 of the year preceding the first year of the investment program.

In the case specified in paragraph three of paragraph 2 of these Rules, a regulated organization or a non-regulated organization carrying out the construction, reconstruction of objects of accumulation, processing, disposal, neutralization, storage, disposal of solid municipal waste, sends the developed draft investment program to the regulatory body within 30 working days days from the date of receipt of permission for the construction of such a facility, and in the case of construction and reconstruction in accordance with a concession agreement, public-private partnership agreement, municipal-private partnership, investment agreement, sends the developed draft investment program to the regulatory authority within 30 working days from the date of conclusion of such agreements or investment agreement.

The regulatory body, within 20 working days from the date of submission of the draft investment program in accordance with paragraphs one and two of this paragraph, assesses the availability of tariffs of a regulated organization or a non-regulated organization for consumers by comparing the forecast growth rate of citizens' fees for utility services, due to taking into account when setting tariffs in in the area of municipal solid waste management, expenses for the implementation of the organization’s investment program, with restrictions on citizens’ payments for utility services established in accordance with the requirements of the Housing Code of the Russian Federation.

At the same time, the tariff of a regulated organization or an unregulated organization that is a concessionaire cannot be considered inaccessible to consumers if this leads to failure to fulfill the concessionaire’s obligations for the construction and (or) reconstruction of the concession agreement object.

Based on the results of assessing the availability of tariffs of a regulated organization or a non-regulated organization for consumers, the regulatory body sends to the regulated organization or non-regulated organization, respectively, a conclusion on the availability or unavailability of the organization’s tariffs for consumers.
(The paragraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

11_2. A regulated organization or a non-regulated organization is obliged, within 7 working days after receiving a conclusion about the unavailability of the organization's tariffs for consumers, to finalize the draft investment program and send it for re-consideration to the regulatory body or send to the regulatory body for signing a protocol of disagreements to the draft investment program, signed by the regulated organization or unregulated organization.

The regulatory body, no later than 7 working days from the date of receipt of the protocol of disagreements to the draft investment program, is obliged to review it, sign and send it to the regulated organization or non-regulated organization.

A regulated organization or a non-regulated organization, within 3 working days from the date of receipt of the specified protocol of disagreements from the regulatory body, is obliged to send a draft investment program with a protocol of disagreements to the draft investment program to the authorized body.

If a regulated organization or a non-regulated organization does not receive a protocol of disagreements to the draft investment program, signed by the head (deputy head) of the regulatory body, 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 is sent to the authorized body with a protocol of disagreements to the draft investment program without the signature of the head (deputy head) of the regulatory body.
(The paragraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

11_3. The regulatory body is obliged to review the revised draft investment program and send to the regulated organization or non-regulated organization a conclusion on the availability or unavailability of the organization's tariffs for consumers within 7 working days from the date of submission of the draft investment program for re-approval.
(The paragraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

11_4. In the event of a repeated submission of a conclusion on the unavailability of the organization’s tariffs for consumers, further consideration of the draft investment program is carried out in the manner prescribed by paragraphs 11_1-11_3 of these Rules.
(The paragraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

12. A regulated organization or a non-regulated organization, within 3 working days from the date of receipt of the regulatory body’s conclusion on the availability of the organization’s tariffs for consumers, is obliged to send, together with the said conclusion, a draft investment program to the authorized body.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

13. The authorized body considers the draft investment program, the conclusion of the regulatory body on the availability or unavailability of the organization’s tariffs for consumers and the protocol of disagreements to the draft investment program (if any) within 20 working days from the date of their receipt.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

14. When considering a draft investment program, the authorized body carries out:

a) checking the draft investment program for compliance with the requirements of Section II of these Rules;

b) checking the draft investment program for compliance with the territorial waste management scheme;

c) checking the validity of expenses for the implementation of investment program activities;

d) checking the availability of tariffs of a regulated organization or a non-regulated organization for consumers, taking into account the conclusion of the regulatory body on the availability or unavailability of the organization’s tariffs for consumers.
(The subparagraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

15. In order to verify the validity of the costs of implementing the investment program activities, the authorized body has the right to attract experts, make comparisons with the costs of implementing similar activities, and request quotes for goods, works and services purchased during the implementation of the investment program activities.

16. If the draft investment program does not comply with the requirements of paragraph 14 of these Rules, the authorized body sends to the regulated organization or non-regulated organization a notice of refusal to approve the draft investment program with a description of the identified inconsistencies and an attachment of the draft investment program.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

If there are comments on subparagraph “c” of paragraph 14 of these Rules, the authorized body has the right to request substantiating calculations from a regulated organization or a non-regulated organization.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

The presence of a regulatory body's conclusion on the unavailability of the organization's tariffs for consumers is grounds for refusal to approve the draft investment program by the authorized body.
(Paragraph additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

17. A regulated organization or a non-regulated organization is obliged, within 10 working days after receiving a notice of refusal to approve a draft investment program, to finalize it and re-send it to the authorized body for approval or send to the authorized body a draft investment program and an application for resolving disagreements.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

An application for settlement of disagreements is considered in the manner prescribed by Section V of these Rules.

18. Reconsideration of the investment program is carried out within 10 working days from the date of its submission by the regulated organization or non-regulated organization to the authorized body.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

19. The authorized body approves the investment program before October 30 of the year preceding the start of the implementation of the investment program. These provisions do not apply to a regulated organization or an unregulated organization carrying out the construction, reconstruction of objects of accumulation, processing, disposal, disposal, disposal of solid municipal waste, including in accordance with a concession agreement, public-private partnership agreement, municipal-private partnership, investment agreement, the investment programs of which are approved by the authorized body within 20 working days from the date of their submission to the authorized body in accordance with paragraph 12 of these Rules.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

20. The approved investment program is subject to official publication in the manner prescribed for the official publication of acts of public authorities of the constituent entities of the Russian Federation.

20_1. Control over the implementation of the investment program is carried out through the submission of annual reports on the implementation of the investment program by a regulated organization or a non-regulated organization.

The procedure and form for reporting on the implementation of the investment program are determined by the authorized body.
(The paragraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

IV. Adjustment of the investment program

21. To make adjustments to the investment program, a regulated organization or a non-regulated organization submits to the authorized body a draft of changes that are made to the investment program and must contain proposals for the inclusion (exclusion) of investment program activities in the investment program, the postponement of their implementation dates, information on changes in the volume of financing activities of the investment program, as well as materials and documents justifying the need to adjust the investment program, having previously received, in the case specified in paragraph three of paragraph 2 of these Rules, the conclusion of the regulatory authority on the availability or unavailability of the organization’s tariffs for consumers in the manner prescribed by paragraphs 11_1-11_3 of these Rules Rules
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

22. Amendments to the investment program, as well as refusal to adjust it, are carried out in the manner and on the grounds established by Section III of these Rules. In this case, a regulated organization or a non-regulated organization has the right to submit a proposal to make adjustments to the investment program at any time, and the authorized body is obliged to make a decision on adjustment or refusal to adjust the investment program within 30 working days from the date of receipt of the draft changes that are made to the investment program. investment program.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

23. In case of changes to the territorial waste management scheme, entailing a change in the investment program, the regulated organization or non-regulated organization is obliged to contact the authorized body to make appropriate changes to the investment program.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

24. If a concession agreement is concluded by a regulated organization or a non-regulated organization when the investment program changes, the volume of investments that the concessionaire undertakes to attract to finance the investment program is subject to change only if the volume of investment changes in accordance with the terms of the concession agreement.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

25. A regulated organization or a non-regulated organization has the right to decide on the redistribution of the volume of financial needs between the activities of the investment program within 10 percent of the total volume of financial needs provided for its implementation, provided that such redistribution does not entail an increase in the total volume of financial needs for the implementation of the investment program .
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

A regulated organization or a non-regulated organization has the right to decide to change the total volume of financial needs for the implementation of the investment program within 5 percent per year due to a change in the consumer price index compared to the index taken into account when approving the investment program.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

Within 7 days from the date of the decision to redistribute and (or) change the volume of financial needs for the implementation of the investment program, the regulated organization or non-regulated organization notifies the authorized body about this with the presentation of the rationale for making such a decision.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

25_1. The investment program approved in relation to a non-regulated organization is subject to change in accordance with Section III of these Rules if the non-regulated organization has begun to carry out regulated activities. At the same time, the conditions that were previously provided should not worsen.
(The paragraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

25_2. The decision to amend the investment program is subject to official publication in the manner prescribed for the official publication of acts of state authorities of the constituent entities of the Russian Federation. Notification of changes to the investment program is sent by the authorized body to the regulatory body within 5 working days from the date of the decision by the authorized body to make changes to the investment program.

Changes in the costs of the regulated organization that arose in connection with the adoption of this decision are taken into account when establishing (adjusting) tariffs in the manner established by the Basic Principles of Pricing in the Field of Municipal Solid Waste Management, approved by Decree of the Government of the Russian Federation dated May 30, 2016 N 484 “On Pricing” in the field of municipal solid waste management."
(The paragraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

V. Consideration of disagreements when approving investment programs

26. To resolve disagreements in the process of approving draft investment programs in a constituent entity of the Russian Federation, the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) creates a conciliation commission operating on an ongoing basis.

27. The conciliation commission must include representatives of the executive authorities of the constituent entity of the Russian Federation, representatives of the territorial body of the Federal Antimonopoly Service, representatives of scientific and expert organizations in the field of municipal solid waste management and other related areas.

Representatives of local government bodies of municipalities on the territory of which it is planned to implement the investment program, disagreements on which are subject to consideration, are invited to the work of the conciliation commission.

28. The composition of the conciliation commission and the rules of its work are approved by the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation).

29. The authorized body is obliged to submit applications for settlement of disagreements received from regulated organizations or non-regulated organizations for consideration by the conciliation commission.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

30. The regulated organization or non-regulated organization shall attach to the application for settlement of disagreements a draft investment program, a description of the differences and justification for its position.

31. When considering disagreements, the conciliation commission has the right to request additional information from a regulated organization or a non-regulated organization or an authorized body.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

32. Consideration of disagreements is terminated until a decision is made in the following cases:

b) the regulated organization withdraws the application for settlement of disputes.

33. Disagreements are considered at conciliation meetings with the participation of representatives of a regulated organization or a non-regulated organization, who must be notified of the date, time and place of the conciliation meeting no later than 3 working days before the day of its holding.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

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

35. A copy of the protocol, in accordance with the regulations of the conciliation commission, is sent to a regulated organization or a non-regulated organization within 5 working days from the date of signing the protocol of the conciliation meeting.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

36. Based on the results of consideration of disagreements, a decision must be made to approve the investment program or to refuse its approval.

37. The decision of the conciliation commission, adopted based on the results of consideration of disagreements, is binding on the authorized body and the regulated organization or non-regulated organization and is subject to execution within 20 working days from the date of its adoption, unless a different period is specified in the decision.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

38. The decision of the conciliation commission to refuse approval of the investment program, made based on the results of consideration of disagreements, can be appealed in court.

Rules for the development, co-approval and adjustment of production programs in the field of municipal solid waste management, as well as monitoring their implementation

APPROVED
Government resolution
Russian Federation
dated May 16, 2016 N 424

________________

* Name as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815..

____________________________________________________________________
These Rules have been declared ineffective since December 31, 2017 to the extent that they do not allow the development, approval, adjustment of the investment program of a non-regulated organization - decision of the Supreme Court of the Russian Federation dated February 28, 2018 N AKPI17-1146.
____________________________________________________________________

I. General provisions

1. These Rules establish the procedure for the development, approval and adjustment of production programs in the field of municipal solid waste management (hereinafter referred to as production programs) of municipal solid waste management operators carrying out regulated types of activities in the management of municipal solid waste (hereinafter referred to as regulated organizations) , requirements for the content of production programs, the procedure for considering disagreements when approving them, as well as the procedure for monitoring their implementation.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

2. The draft production program is developed by a regulated organization and approved by the authorized executive body of the constituent entity of the Russian Federation in the field of state regulation of tariffs (hereinafter referred to as the 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 carried out by the regulated organization within the framework of current (operational) activities, as well as activities that ensure the maintenance of facilities for processing, neutralization and disposal of solid municipal waste (hereinafter referred to as production program activities, facilities) in a condition corresponding to the established requirements of technical regulations. The production program does not include activities for the construction and reconstruction of facilities.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

II. Requirements for the content of the production program

5. The production program includes:

a) production program passport containing the following information:

name of the regulated organization, its location and contacts of responsible persons;

name of the authorized body, its location and contacts of responsible persons;

period of implementation of the production program;

b) list of production program activities;

c) the planned volume of processed, neutralized and buried municipal solid waste;
(Subclause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

d) the volume of financial needs necessary to implement the production program;

e) schedule for the implementation of production program activities;

f) planned and actual values of facility performance indicators;

g) a report on the implementation of the production program for the expired regulation period (for the past year of the long-term regulation period).

6. Production program activities include:

a) current operation of facilities;

b) current and (or) major repairs of facilities.

III. The procedure for developing, approving and adjusting the production program, as well as monitoring its implementation

(Name as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

7. The regulated organization develops a draft production program based on the need to ensure the operation of facilities in accordance with the legislation of the Russian Federation.

8. The regulated organization submits the draft production program for approval to the authorized body before September 1 of the year preceding the year of the start of the period of implementation of the production program.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

9. The authorized body, within 20 working days from the date of receipt of the draft production program, checks it for compliance with the requirements of Section II of these Rules.

If the draft production program does not comply with the specified requirements, the authorized body sends to the regulated organization a notice of refusal to approve the draft production program with a description of the identified inconsistencies and an attachment of the draft production program.

10. The regulated organization is obliged, within 10 working days after receiving a notice of refusal to approve the draft production program, to finalize it and re-send it to the authorized body or send an application to the authorized body to resolve the disagreements.

An application for settlement of disagreements is considered in the manner provided for in Section IV of these Rules.

11. Review of the revised draft production program is carried out by the authorized body within 10 working days from the date of its re-receipt.

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

13. The authorized body approves the production program no later than December 1 of the year preceding the year in which the production program began to be implemented.

14. Financial needs for the implementation of the production program are taken into account when setting tariffs in the manner established by the pricing principles in the field of municipal solid waste management, approved by the Government of the Russian Federation.

15. To make adjustments to the production program, the regulated organization submits to the authorized body a draft of changes that are made to the production program and must contain proposals for the inclusion (exclusion) of production program activities in the production program, the postponement of their implementation, information on changes in the volume of financing of production program activities , as well as materials and documents justifying the need to adjust the production program.

Proposals to adjust the approved production program are made 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.

16. Review and approval by the authorized body of the draft changes that are made to the production program are carried out in the manner prescribed by paragraphs 10-12 of these Rules.

17. The approved production program is subject to publication in the manner prescribed for the official publication of acts of state authorities of the constituent entities of the Russian Federation.

17_1. Control over the implementation of the production program is carried out through the annual submission of reports by the regulated organization on the implementation of the production program.

The procedure and form for reporting on the implementation of the production program are determined by the authorized body.
(The paragraph was additionally included on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815)

IV. Consideration of disagreements when approving production programs

18. The form of the application for settlement of disagreements and the list of attached documents are determined by the authorized body.

19. Consideration of disagreements is subject to suspension if additional information is necessary.

20. 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.

21. Consideration of disagreements is terminated until a decision is made in the following cases:

a) liquidation of the regulated organization;

b) the regulated organization withdraws the application for settlement of disputes;

c) during the consideration of disagreements (including the results of an examination), circumstances are identified indicating that consideration of the issues contained in the application for settlement of disagreements does not fall within the competence of the authorized body.

22. A copy of the decision of the authorized body to suspend, resume or terminate the consideration of disagreements within 3 working days from the date of its adoption is sent to the regulated organization and must contain descriptive, motivational and operative parts.

23. Consideration of disagreements is carried out at conciliation meetings with the participation of representatives of the authorized body, local government bodies of municipalities on the territory of which the regulated organization implements the production program, 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.

24. 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 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;

g) the decision made, containing descriptive, motivational and operative parts.

25. A copy of the protocol is sent to the regulated organization within 5 working days from the date of its signing.

26. Based on the results of consideration of disagreements, a decision must be made to approve the production program or to refuse its approval.

27. The decision made based on the results of consideration of disagreements is binding on the authorized body and the regulated organization and is subject to execution within 20 working days from the date of its adoption, unless a different period is specified in the decision.

28. The decision to refuse approval of the production program, made based on the results of consideration of disagreements, can be appealed in court.

Rules for determining planned and actual values of performance indicators for processing, neutralization and disposal of municipal solid waste

APPROVED
Government resolution
Russian Federation
dated May 16, 2016 N 424

________________

* Name as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815..

I. General provisions

1. These Rules establish a list of performance indicators for facilities for the treatment, neutralization and disposal of municipal solid waste (hereinafter referred to as the facilities), procedures for determining the planned and actual values of such indicators.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

2. The period for calculating planned and actual values of facility performance indicators is one calendar year.

II. Determination of facility performance indicators

3. Performance indicators for municipal solid waste disposal facilities include:
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

a) the share of groundwater, soil and air samples taken based on the results of industrial environmental control that do not meet the established requirements in the total volume of such samples;

b) the number of fires of municipal solid waste per unit area of a solid municipal waste disposal site.
(Subclause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

4. An indicator of the efficiency of municipal solid waste processing facilities is the share of municipal solid waste sent for recycling in the mass of municipal solid waste accepted for processing.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

5. Performance indicators for municipal solid waste disposal facilities include:
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

a) indicator of reducing the hazard class of municipal solid waste;

b) the amount of thermal and electrical energy generated and supplied to the network, fuel obtained from municipal solid waste, per 1 ton of municipal solid waste received at the municipal solid waste disposal facility;
(Subclause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

c) the share of groundwater, soil and air samples taken based on the results of industrial environmental control that do not meet established requirements in the total volume of such samples.

III. Determination of planned values of facility performance indicators

6. Planned values of facility efficiency indicators are established by the authorized body based on the proposal of the operator carrying out regulated activities in the field of waste management and operating the facilities (hereinafter referred to as the regulated organization), based on:

a) actual values of performance indicators for the previous 3 years, determined in the manner established by Section IV of these Rules;

b) requirements for municipal solid waste disposal facilities approved by the Government of the Russian Federation (for municipal solid waste disposal facilities);
(Subclause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

c) comparison of planned values of efficiency indicators with indicators of similar facilities located on the territory of one constituent entity of the Russian Federation, or comparison of technologies used at the facility with the best available technologies in accordance with information and technical reference books on the best available technologies, approved by the authorized federal executive body;

d) approved territorial schemes for waste management, including municipal solid waste;

e) obligations of the regulated organization provided for in concession agreements, public-private partnership agreements, municipal-private partnerships, investment agreements, agreements between a government agency of a constituent entity of the Russian Federation and a regional operator for the management of municipal solid waste.
(Subclause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

7. Planned values of facility performance indicators are determined based on the activities included in the investment and production programs of the regulated organization.

8. Planned values of facility performance indicators are subject to adjustment in the event of changes being made to the investment and (or) production program of the regulated organization in accordance with the changes made.

9. Planned values of performance indicators of a regulated organization operating on the basis of a concession agreement are established in accordance with the concession agreement, if the values of such indicators were established in the concession agreement.

10. If the facility does not require reconstruction, major or current repairs in the corresponding year, the planned values of the facility’s performance indicators are determined at a level that is not lower than the actual values of the indicators.
(Clause as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

11. Planned values of facility performance indicators are determined for each facility.

12. Planned values of the facility’s performance indicators are established for each year during the period of validity of the production program of the regulated organization in accordance with the investment program.

IV. Determination of actual values of facility performance indicators

13. The actual performance indicators of the facility are determined for each facility.

14. The share of groundwater, soil and air samples taken based on the results of industrial environmental control that do not meet established requirements in the total volume of samples at the facility for neutralization or disposal of municipal solid waste in year t(), percent, is determined by formula 1:
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

Where:

- the number of groundwater, soil and air samples taken based on the results of industrial environmental control that do not meet the established requirements in year t;

- the total number of groundwater, soil and air samples taken based on the results of industrial environmental control in year t.

15. The number of fires of municipal solid waste at a waste disposal facility per area of the facility in year t (), pieces per hectare, is determined by formula 2:
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

Where:

- the number of fires of municipal solid waste recorded at the solid municipal waste disposal facility in year t.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

The number of fires of municipal solid waste is recorded in acts drawn up by the regulated organization. If a fire is detected that is not documented by a regulated organization, such a fire is taken into account with a factor of 10;

- area of the object in year t (hectares). The area of the solid municipal waste disposal facility is determined in accordance with the design documentation.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

16. The share of solid municipal waste sent for disposal in the mass of solid municipal waste accepted for processing (), percent, is determined by formula 3:

Where:

- mass of secondary resources obtained as a result of disposal of municipal solid waste in year t, tons;

- mass of solid municipal waste received at the solid municipal waste processing facility, in year t, tons.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

17. The indicator for reducing the hazard class of municipal solid waste (), percent, is calculated using formula 4:

Where:

i - waste hazard class (1-5);

- mass of solid municipal waste of hazard class i received at the facility in year t, tons;

- mass of solid municipal waste of hazard class after neutralization in year t, tons.

18. The amount of thermal and electrical energy generated and supplied to the network, fuel obtained from municipal solid waste, per 1 ton of municipal solid waste received at the solid municipal waste neutralization facility, in year t (), J/kg, calculated by formula 5:
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

Where:

- the amount of generated electrical energy released into the electrical network in year t, J;

- the amount of generated thermal energy released into the heating network in year t, J;

- specific heat of combustion of fuel produced from municipal solid waste in year t, J/kg;

Tt is the mass of fuel produced from municipal solid waste in year t, kg;

- mass of municipal solid waste used for the generation of thermal and electrical energy, fuel production at the municipal solid waste disposal facility, in year t, kg.
(Paragraph as amended, put into effect on July 26, 2018 by Decree of the Government of the Russian Federation dated July 12, 2018 N 815.

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

Construction and reconstruction of facilities for accumulation, processing, recycling, neutralization, and disposal of solid municipal waste are carried out in accordance with investment programs. This is established by Article 24.13 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste”.

What is municipal solid waste?

Municipal solid waste (MSW) is waste generated in residential premises during consumption by individuals, as well as goods that have lost their consumer properties during their use by individuals in residential premises to meet personal and domestic needs.

Municipal solid waste also includes waste generated during the activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises during consumption by individuals.

That is, municipal solid waste includes food and plant waste, synthetic waste (glass, plastic, cellulose, textiles, polyethylene, etc.).

Investment program: what is it?

The investment program is developed on the basis of a territorial scheme in the field of waste management.

The investment program is approved by the authorized executive body of the constituent entity of the Russian Federation

The investment program must contain, in particular:

planned and actual values of performance indicators of facilities used for processing, neutralization and disposal of municipal solid waste;
a list of measures for the construction of new and reconstruction of existing facilities for the treatment, neutralization, and disposal of solid municipal waste;
the volume of financial needs necessary to implement the investment program, indicating the sources of financing;
schedule for implementing the investment program activities;
preliminary calculation of tariffs in the field of solid municipal waste management.

Decree of the Government of the Russian Federation dated May 16, 2016 No. 424 approved the procedure for the development, coordination, approval and adjustment of investment and production programs in the field of municipal solid waste management.

This procedure contains the following rules that define the basis of state regulation of tariffs in the field of MSW management:

the procedure for developing, agreeing, approving and adjusting investment programs in the field of MSW management;
the procedure for developing, coordinating, approving and adjusting production programs in the field of MSW management;
the procedure for determining the planned and actual values of performance indicators of facilities used for processing, neutralization and disposal of MSW.

Thus, by Decree of the Government of the Russian Federation dated July 12, 2018 No. 815, amendments were made to this procedure for approving investment programs.

The investment program activities are divided into the following groups:

regarding the accumulation of municipal solid waste;
regarding the treatment of municipal solid waste;
regarding the disposal of municipal solid waste;
regarding the disposal of solid municipal waste;
regarding the storage of municipal solid waste;
regarding the disposal of municipal solid waste.

About the regional MSW management operator

A regional operator is a legal entity that has the right to enter into contracts for the provision of services with the owners of municipal solid waste that is generated and the collection sites of which are located in the area of activity of the regional operator.

Investment programs are approved for municipal solid waste management operators carrying out regulated activities in the field of municipal solid waste management.

Regulated activities in the field of MSW management include:

municipal solid waste treatment;
disposal of solid municipal waste;
disposal of municipal solid waste;
provision of services for the management of municipal solid waste by a regional operator.

The regional operator is empowered to enter into an agreement for the provision of services for the management of municipal solid waste and is responsible for the provision of municipal services for the management of solid waste.

Expert "NA" E.V. Chimidova

Decree of the Government of the Russian Federation
No. 815 from 07/12/2018

ON AMENDMENTS TO THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION OF MAY 16, 2016 N 424

The Government of the Russian Federation decides:

Approve the attached changes that are being made to the Decree of the Government of the Russian Federation dated May 16, 2016 N 424 “On approval of the procedure for the development, coordination, approval and adjustment of investment and production programs in the field of municipal solid waste management, including the procedure for determining planned and actual values of performance indicators of facilities used for processing, neutralization and disposal of solid municipal waste" (Collected Legislation of the Russian Federation, 2016, No. 21, Art. 3020).

Approved
Government resolution
Russian Federation
dated July 12, 2018 N 815

CHANGES,
WHICH ARE INTRODUCED TO THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION OF MAY 16, 2016 N 424

1. In the name:

3) the words “and disposal of solid municipal waste” should be replaced with the words “disposal of solid municipal waste, as well as monitoring the implementation of investment and production programs.”

2. In paragraph two:

3. In paragraph three:

1) the word “coordination” should be deleted;

2) add the words “as well as monitoring their implementation.”

4. In paragraph four, the words “used for” should be deleted.

5. In the Rules for the development, coordination, approval and adjustment of investment programs in the field of municipal solid waste management, approved by the specified resolution:

1) in the name:

the word "coordination," deleted;

2) paragraphs 1 and 2 should be stated as follows:

"1. These Rules establish the procedure for the development, approval and adjustment of investment programs in the field of municipal solid waste management (hereinafter referred to as investment programs), requirements for the content of investment programs and the procedure for considering disagreements upon their approval, as well as the procedure for monitoring their implementation.

2. The draft investment program is developed by a regulated organization and a non-regulated organization.

The investment program is approved by the authorized executive body of the constituent entity of the Russian Federation (hereinafter referred to as the authorized body).

3) in paragraph 3:

the words “and (or) modernization” should be deleted;

after the words “regulated organization” add the words “or non-regulated organization”;

the words “investment agreements and (or) government contracts” are replaced with the words “agreement on public-private partnership, municipal-private partnership, investment agreement”;

4) paragraph 4 should be stated as follows:

"4. The investment program is developed for a period determined by a regulated organization or a non-regulated organization. For a regulated organization, the duration of the investment program cannot be less than the validity period of the tariffs of the regulated organization.";

5) in paragraph 5:

in subparagraph "a":

the fourth paragraph after the word “facilities” is supplemented with the words “processing, neutralization, disposal of solid municipal waste”;

in subparagraph "b":

the second paragraph after the word “regulated” should be supplemented with the words “or unregulated”;

in paragraph four, delete the words “and modernized”;

subparagraph “d” after the words “regulated organization” should be supplemented with the words “or non-regulated organization”;

6) add paragraphs 5(1) and 5(2) with the following content:

"5(1). The investment program of a regulated organization or a non-regulated organization operating under a concession agreement, the object of which is facilities where accumulation, processing, recycling, neutralization, and disposal of municipal solid waste are carried out, additionally contains information on the amount of expenses, financed at the expense of the grantor, for the creation and (or) reconstruction of the object of the concession agreement, the costs of using (operating) the specified object, for providing the concessionaire with state or municipal guarantees, the amount of expenses assumed by the grantor, the amount of the grantor's fee under the concession agreement for each year validity period of the concession agreement.

5(2). The volume of financial requirements for the implementation of the investment program includes all costs associated with the implementation of the investment program, including costs for the creation and (or) reconstruction of the object of the concession agreement, which are expected to be carried out during the entire period of validity of the concession agreement by the concessionaire.";

7) paragraph 6 should be stated as follows:

"6. The investment program activities are divided into the following groups:

a) measures of the investment program regarding the accumulation of municipal solid waste;

b) activities of the investment program regarding the treatment of municipal solid waste;

c) activities of the investment program regarding the disposal of municipal solid waste;

d) activities of the investment program regarding the disposal of municipal solid waste;

e) investment program activities regarding the storage of municipal solid waste;

f) activities of the investment program regarding the disposal of solid municipal waste.";

8) add paragraph 6(1) with the following content:

"6(1). In case of implementation of the measures provided for in subparagraphs "a", "c" and "e" of paragraph 6 of these Rules, the investment program must contain a separate financial plan provided for in subparagraph "d" of paragraph 5 of these Rules, while the investment the program does not include preliminary calculation of tariffs in the field of municipal solid waste management in relation to such activities.";

9) in paragraph 7:

after the word “facility” add the words “processing, neutralization, disposal of solid municipal waste”;

“The costs of implementing the investment program activities are taken into account for each type of activity separately.”;

10) in paragraph 9:

11) in paragraph three of subclause “c” of clause 10, delete the words “or modernization”;

12) add paragraph 10(1) with the following content:

"10(1). Subparagraph "a" of paragraph 10 of these Rules does not apply when implementing the measures provided for in subparagraphs "a", "c" and "e" of paragraph 6 of these Rules.";

13) in the title of section III:

14) paragraph 11 after the words “Regulated organization” should be supplemented with the words “or non-regulated organization”;

15) add paragraphs 11(1) - 11(4) with the following content:

"11(1). In the case specified in paragraph three of clause 2 of these Rules, a regulated organization or a non-regulated organization sends the developed draft investment program for consideration to the executive authority of the constituent entity of the Russian Federation in the field of state regulation of tariffs or to the local government body (bodies) in the event of transfer to it of the relevant powers in the field of state regulation of tariffs by the law of the subject of the Russian Federation, within the boundaries of the municipal entity (municipal entities) of which the objects are located or planned to be located (hereinafter referred to as the regulatory body), until July 15 of the year preceding the first year of validity of the investment programs.

11(2). A regulated organization or a non-regulated organization is obliged, within 7 working days after receiving a conclusion about the unavailability of the organization's tariffs for consumers, to finalize the draft investment program and send it for re-consideration to the regulatory body or send to the regulatory body for signing a protocol of disagreements to the draft investment program, signed by the regulated organization or unregulated organization.

11(3). The regulatory body is obliged to review the revised draft investment program and send to the regulated organization or non-regulated organization a conclusion on the availability or unavailability of the organization's tariffs for consumers within 7 working days from the date of submission of the draft investment program for re-approval.

11(4). In the event of a repeated submission of a conclusion on the unavailability of the organization’s tariffs for consumers, further consideration of the draft investment program is carried out in the manner prescribed by paragraphs 11(1) - 11(3) of these Rules.";

16) paragraphs 12 and 13 should be stated as follows:

"12. A regulated organization or a non-regulated organization, within 3 working days from the date of receipt of the regulatory body’s conclusion on the availability of the organization’s tariffs for consumers, is obliged to send, together with the said conclusion, a draft investment program to the authorized body.

17) paragraph 14 shall be supplemented with subparagraph “d” with the following content:

“d) checking the availability of tariffs of a regulated organization or a non-regulated organization for consumers, taking into account the conclusion of the regulatory body on the availability or unavailability of the organization’s tariffs for consumers.”;

18) in paragraph 16:

the first paragraph after the words “regulated organization” should be supplemented with the words “or non-regulated organization”;

the second paragraph after the words “regulated organization” should be supplemented with the words “or non-regulated organization”;

add the following paragraph:

“The presence of a regulatory body’s conclusion on the unavailability of the organization’s tariffs for consumers is grounds for refusal to approve the draft investment program by the authorized body.”;

19) paragraph one of paragraph 17 after the words “Regulated organization” should be supplemented with the words “or unregulated organization”;

20) paragraph 18 after the words “regulated organization” should be supplemented with the words “or non-regulated organization”;

21) paragraph 19 should be stated as follows:

"19. The authorized body approves the investment program before October 30 of the year preceding the start of the implementation of the investment program. These provisions do not apply to a regulated organization or an unregulated organization carrying out the construction, reconstruction of objects of accumulation, processing, recycling, disposal, disposal of solid municipal waste, in including in accordance with the concession agreement, public-private partnership agreement, municipal-private partnership, investment agreement, investment programs of which are approved by the authorized body within 20 working days from the date of their submission to the authorized body in accordance with paragraph 12 of these Rules." ;

22) add paragraph 20(1) with the following content:

"20(1). Control over the implementation of the investment program is carried out through the submission by a regulated organization or a non-regulated organization of annual reports on the implementation of the investment program.

The procedure and form for reporting on the implementation of the investment program are determined by the authorized body.";

23) paragraph 21 should be stated as follows:

"21. To make adjustments to the investment program, a regulated organization or a non-regulated organization submits to the authorized body a draft of changes that are made to the investment program and must contain proposals for the inclusion (exclusion) of investment program activities in the investment program, the postponement of the deadlines for their implementation, information on changes in volumes financing of investment program activities, as well as materials and documents justifying the need to adjust the investment program, having previously received, in the case specified in paragraph three of paragraph 2 of these Rules, the conclusion of the regulatory authority on the availability or unavailability of the organization’s tariffs for consumers in the manner prescribed by paragraphs 11(1 ) - 11(3) of these Rules.";

24) paragraph 22 after the words “regulated organization” should be supplemented with the words “or non-regulated organization”;

25) paragraph 23 after the words “regulated organization” should be supplemented with the words “or non-regulated organization”;

26) paragraph 24 should be stated as follows:

"24. If a concession agreement is concluded by a regulated organization or a non-regulated organization when the investment program changes, the volume of investments that the concessionaire undertakes to attract to finance the investment program is subject to change only if the volume of investment changes in accordance with the terms of the concession agreement.";

27) paragraph 25 after the words “Regulated organization” should be supplemented with the words “or non-regulated organization”;

28) add paragraphs 25(1) and 25(2) with the following content:

"25(1). The investment program approved in relation to a non-regulated organization is subject to change in accordance with Section III of these Rules if the non-regulated organization has begun to carry out regulated activities. In this case, the conditions that were previously provided should not worsen.

25(2). The decision to amend the investment program is subject to official publication in the manner prescribed for the official publication of acts of state authorities of the constituent entities of the Russian Federation. Notification of changes to the investment program is sent by the authorized body to the regulatory body within 5 working days from the date of the decision by the authorized body to make changes to the investment program.

Changes in the expenses of the regulated organization that arose in connection with the adoption of this decision are taken into account when setting (adjusting) tariffs in the manner established by the Basic Principles of Pricing in the Field of Municipal Solid Waste Management, approved by Decree of the Government of the Russian Federation dated May 30, 2016 N 484 “On Pricing” in the field of municipal solid waste management.";

29) paragraph 29 after the words “regulated organizations” should be supplemented with the words “or unregulated organizations”;

30) paragraph 30 after the words “Regulated organization” is supplemented with the words “or non-regulated organization”;

31) paragraph 31 after the words “regulated organization” is supplemented with the words “or non-regulated organization”;

32) paragraph 33 after the words “regulated organization” should be supplemented with the words “or non-regulated organization”;

33) paragraph 35 after the words “regulated organization” should be supplemented with the words “or non-regulated organization”;

34) paragraph 37 after the words “regulated organization” should be supplemented with the words “or non-regulated organization”.

6. In the Rules for the development, coordination, approval and adjustment of production programs in the field of municipal solid waste management, approved by the specified resolution:

1) in the name:

the word "coordination," deleted;

add the words “as well as monitoring their implementation”;

2) paragraph 1 should be stated as follows:

"1. These Rules establish the procedure for the development, approval and adjustment of production programs in the field of municipal solid waste management (hereinafter - production programs) of municipal solid waste management operators carrying out regulated types of activities in the management of municipal solid waste (hereinafter - regulated organizations ), requirements for the content of production programs, the procedure for considering disagreements upon their approval, as well as the procedure for monitoring their implementation.";

3) in paragraph 4:

the words "used for" shall be deleted;

replace the words ", able" with the words "able";

the words “and modernization” should be deleted;

4) in subparagraph “c” of paragraph 5, the word “placed” should be replaced with the word “buried”;

5) in the title of section III:

the word ", agreements" should be deleted;

add the words “as well as monitoring its implementation”;

6) in paragraph 8, replace the word “May” with the word “September”;

7) add paragraph 17(1) with the following content:

"17(1). Control over the implementation of the production program is carried out through the annual submission of reports by the regulated organization on the implementation of the production program.

The procedure and form for reporting on the implementation of the production program are determined by the authorized body."

7. In the Rules for determining the planned and actual values of performance indicators of facilities used for processing, neutralization and disposal of municipal solid waste, approved by the specified resolution:

1) in the title, exclude the words “used for”;

2) in paragraph 1 the words “used for” should be deleted;

3) in paragraph 3:

in the first paragraph:

the words "used for" shall be deleted;

replace the word "waste" with the word "waste";

in subparagraph "b" the words "used for" shall be deleted;

4) in paragraph 4:

the words "used for" shall be deleted;

the word “, is” is replaced by the word “is”;

5) in paragraph 5:

in the first paragraph:

the words "used for" shall be deleted;

replace the word "waste" with the word "waste";

in subparagraph "b" the words "used for" shall be deleted;

6) in paragraph 6:

in subparagraph "b":

the words "used for" shall be deleted;

in subparagraph "e" the words "investment agreements and (or) government contracts" are replaced with the words "agreement on public-private partnership, municipal-private partnership, investment agreement";

7) in paragraph 10, delete the word “modernization”;

8) in paragraph one of clause 14:

replace the word "waste" with the word "waste";

9) in paragraph 15:

in the first paragraph:

the words "used for" shall be deleted;

replace the word "waste" with the word "waste";

in paragraph four, delete the words “used for”;

in paragraph six:

the words "used for" shall be deleted;

replace the word "waste" with the word "waste";

10) in paragraph five of clause 16, the words “used for” should be deleted;

11) in paragraph 18:

in the first paragraph, the words “used for” should be deleted;

in paragraph eight, the words “used for” should be deleted.

Chairman of the Government of the Russian Federation D. MEDVEDEV

Decree of the Government of the Russian Federation of May 16, 2016 No. 424 "On approval of the procedure for the development, coordination, approval and adjustment of investment and production programs in the field of municipal solid waste management, including the procedure for determining the planned and actual values of performance indicators of facilities used for treatment , neutralization and disposal of solid municipal waste” (not entered into force)

In accordance with Article 5 and paragraph 3 of Article 24.13 of the Federal Law “On Production and Consumption Waste”, the Government of the Russian Federation decides:

Approve the attached:

Development, coordination, approval and adjustment of investment programs in the field of municipal solid waste management;

Development, coordination, approval and adjustment of production programs in the field of municipal solid waste management;

Determination of planned and actual values of performance indicators of facilities used for processing, neutralization and disposal of solid municipal waste.

Rules
development, coordination, approval and adjustment of investment programs in the field of municipal solid waste management

I. General provisions

1. These Rules establish the procedure for the development, coordination, approval and adjustment of investment programs in the field of municipal solid waste management (hereinafter referred to as investment programs) of municipal solid waste management operators carrying out regulated activities in the field of municipal solid waste management and carrying out construction , reconstruction and (or) modernization of facilities used for the management of municipal solid waste (hereinafter referred to as facilities, regulated organizations, respectively), as well as requirements for the content of investment programs and the procedure for considering disagreements upon their approval.

2. The draft investment program is developed by the regulated organization. The investment program is approved by the authorized executive body of the constituent entity of the Russian Federation (hereinafter referred to as the authorized body).

3. The investment program must include measures for the construction, reconstruction and (or) modernization of facilities, implemented by a regulated organization, provided for by the territorial scheme in the field of waste management, including municipal solid waste (hereinafter referred to as the territorial waste management scheme), agreement between the government authority of a constituent entity of the Russian Federation and the regional operator for the management of municipal solid waste (hereinafter referred to as the agreement with the government authority of the constituent entity of the Russian Federation), concession agreements, investment agreements and (or) government contracts (hereinafter referred to as investment program activities).

4. The investment program is developed for a period determined by the regulated organization, but not less than for the period of validity of the regulated tariffs of the regulated organization.

II. Requirements for the content of the investment program

5. The investment program includes:

a) investment program passport containing the following information:

planned and actual values of facility performance indicators separately for each year during the implementation period of the investment program, including before and after its implementation;

b) a list of investment program activities, their description and justification for the need for them, including:

an indication of the regulated activities carried out at the facilities;

description and location (coordinates) of objects under construction, reconstruction and modernization, ensuring their unambiguous identification;

main technical characteristics of objects before and after the implementation of the investment program;

list of activities for the preparation of project documentation for the implementation of investment program activities;

c) a schedule for the implementation of the investment program activities, indicating the start and end dates of the work, the stages of the work;

d) the financial plan of the regulated organization drawn up for the period of implementation of the investment program, the volume of financial needs for the implementation of each activity of the investment program and the sources of their financing for each year of the investment program (in prices of the last reporting year preceding the year of the start of the investment program, and in forecast prices of the corresponding year, determined using the consumer price index for the next year and the planning period. If there is no consumer price index for the next year in the specified forecast, the index for the last year specified in the forecast is used);

e) preliminary calculation of tariffs in the field of solid municipal waste management;

f) results of technological and price audits (in cases provided for by the legislation of the Russian Federation).

6. Activities of the investment program are divided into the following groups:

a) activities of the investment program regarding the treatment of municipal solid waste;

b) activities of the investment program regarding the disposal of municipal solid waste;

c) investment program activities regarding the disposal of municipal solid waste.

7. If the facility carries out several regulated types of activities in the field of waste management, the costs of implementing the investment program activities are taken into account for each type of activity separately.

9. For each facility used for the disposal of solid municipal waste, its residual capacity for the disposal of solid municipal waste must be indicated before and after the implementation of the investment program.

10. The following may be indicated as sources of financing for the investment program:

a) the following funds taken into account when setting the tariffs of the regulated organization and allocated for capital investments:

depreciation deductions;

standard profit;

b) raised funds - loans and credits;

c) funds from the budgets of the budget system of the Russian Federation, including:

expenses of the grantor for the creation and (or) reconstruction or modernization of the facility that is the subject of the concession agreement in accordance with the legislation of the Russian Federation on concession agreements;

d) other sources of financing.

III. The procedure for development, coordination and approval of the investment program

11. The regulated organization develops a draft investment program based on the territorial waste management scheme.

12. The regulated organization submits the developed draft investment program for approval to the authorized body before March 15 of the year preceding the first year of the investment program.

13. The authorized body reviews the draft investment program within 20 working days.

14. When considering a draft investment program, the authorized body carries out:

a) checking the draft investment program for compliance with the requirements of these Rules;

b) checking the draft investment program for compliance with the territorial waste management scheme;

c) checking the validity of expenses for the implementation of investment program activities.

16. If the draft investment program does not comply with the requirements of these Rules, the authorized body sends to the regulated organization a notice of refusal to approve the draft investment program with a description of the identified inconsistencies and an attachment of the draft investment program.

If there are comments on these Rules, the authorized body has the right to request substantiating calculations from the regulated organization.

17. The regulated organization is obliged, within 10 working days after receiving a notice of refusal to approve the draft investment program, to finalize it and re-send it to the authorized body for approval or send the draft investment program and an application for settlement of disagreements to the authorized body.

18. Reconsideration of the investment program is carried out within 10 working days from the date of its submission by the regulated organization to the authorized body.

19. The authorized body approves the investment program before October 30 of the year preceding the start of the implementation of the investment program.

IV. Adjustment of the investment program

21. To make adjustments to the investment program, the regulated organization submits to the authorized body draft changes that are made to the investment program and must contain proposals for the inclusion (exclusion) of investment program activities in the investment program, the postponement of their implementation dates, information on changes in the volume of financing of investment program activities , as well as materials and documents justifying the need to adjust the investment program.

22. Amendments to the investment program, as well as refusal to adjust it, are carried out in the manner and on the grounds established by these Rules. In this case, the regulated organization has the right to submit a proposal to make adjustments to the investment program at any time, and the authorized body is obliged to make a decision on adjustment or refusal to adjust the investment program within 30 working days from the date of receipt of the draft changes that are made to the investment program.

23. In case of changes to the territorial waste management scheme, entailing a change in the investment program, the regulated organization is obliged to contact the authorized body to make appropriate changes to the investment program.

24. If a concession agreement is concluded by a regulated organization when the investment program changes, the volume of investments that the concessionaire undertakes to attract to finance the investment program is not subject to change.

25. The regulated organization has the right to decide to redistribute the volume of financial needs between the activities of the investment program within 10 percent of the total volume of financial needs provided for its implementation, provided that such redistribution does not entail an increase in the total volume of financial needs for the implementation of the investment program.

The regulated organization has the right to decide to change the total volume of financial needs for the implementation of the investment program within 5 percent per year due to a change in the consumer price index compared to the index taken into account when approving the investment program.

V. Consideration of disagreements when approving investment programs

29. The authorized body is obliged to submit applications for settlement of disagreements received from regulated organizations to the conciliation commission for consideration.

30. The regulated organization shall attach to the application for settlement of disputes a draft investment program, a description of the disputes and justification for its position.

31. When considering disagreements, the conciliation commission has the right to request additional information from the regulated organization or authorized body.

32. Consideration of disagreements is terminated until a decision is made in the following cases:

b) the regulated organization withdraws the application for settlement of disputes.

33. Disagreements are considered at conciliation meetings with the participation of representatives of the regulated organization, who must be notified of the date, time and place of the conciliation meeting no later than 3 working days before the day of its holding.

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

35. A copy of the protocol in accordance with the regulations of the conciliation commission is sent to the regulated organization within 5 working days from the date of signing the protocol of the conciliation meeting.

36. Based on the results of consideration of disagreements, a decision must be made to approve the investment program or to refuse its approval.

38. The decision of the conciliation commission to refuse approval of the investment program, made based on the results of consideration of disagreements, can be appealed in court.

Rules
development, coordination, approval and adjustment of production programs in the field of municipal solid waste management
(approved by the Government of the Russian Federation dated May 16, 2016 No. 424)

I. General provisions

1. These Rules establish the procedure for the development, coordination, approval and adjustment of production programs in the field of municipal solid waste management (hereinafter - production programs) of municipal solid waste management operators carrying out regulated types of activities in the management of municipal solid waste (hereinafter - regulated organization), requirements for the content of production programs, as well as the procedure for considering disagreements upon their approval.

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

4. The production program must include activities carried out by the regulated organization as part of its current (operational) activities, as well as activities that ensure the maintenance of facilities used for processing, neutralization and disposal of solid municipal waste (hereinafter referred to as production program activities, facilities), in condition that meets the established requirements of technical regulations. The production program does not include activities for the construction, reconstruction and modernization of facilities.

II. Requirements for the content of the production program

5. The production program includes:

a) production program passport containing the following information:

name of the regulated organization, its location and contacts of responsible persons;

name of the authorized body, its location and contacts of responsible persons;

period of implementation of the production program;

b) list of production program activities;

c) the planned volume of processed, neutralized and disposed municipal solid waste;

d) the volume of financial needs necessary to implement the production program;

e) schedule for the implementation of production program activities;

f) planned and actual values of facility performance indicators;

g) a report on the implementation of the production program for the expired regulation period (for the past year of the long-term regulation period).

6. Production program activities include:

a) current operation of facilities;

b) current and (or) major repairs of facilities.

III. The procedure for developing, agreeing, approving and adjusting the production program

7. The regulated organization develops a draft production program based on the need to ensure the operation of facilities in accordance with the legislation of the Russian Federation.

8. The regulated organization submits a draft production program for approval to the authorized body before May 1 of the year preceding the year of the start of the production program implementation period.

9. The authorized body, within 20 working days from the date of receipt of the draft production program, checks it for compliance with the requirements of these Rules.

An application for settlement of disagreements is considered in the manner prescribed by these Rules.

11. Review of the revised draft production program is carried out by the authorized body within 10 working days from the date of its re-receipt.

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

13. The authorized body approves the production program no later than December 1 of the year preceding the year in which the production program began to be implemented.

16. Review and approval by the authorized body of the draft changes that are made to the production program are carried out in the manner prescribed by these Rules.