Key Benefits:
The public concerned: territorial authorities, public or private legal entities operating heat or cold networks, subscribed to heat and cold networks.
Subject: conditions and procedure for the classification of a heat or cold network.
Entry into force: the text comes into force on April 1, 2012.
Notice: the procedure for the classification of a heat or cold network contributes to the realization of France's commitments in the field of renewable energy development and the fight against greenhouse gas emissions. It encourages the development of these networks, mostly powered by renewable energy or recovery, such as biomass, geothermal or fatal energy (e.g., through incineration or methane). In particular, it plans to make network connection mandatory in certain service areas. This procedure was last amended by Act No. 2010-788 of 12 July 2010 bringing national commitment to the environment. The decree provides for the terms of the classification and the constituent elements of the file, alleging them. It defines transactions subject to the bonding obligation and derogations. The procedure is now the responsibility of the community or community grouping and not the prefectural authority.
References: the texts amended by this decree may be consulted, in their drafting, on the Legifrance website ( http://www.legifrance.gouv.fr ).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Economy, Finance and Industry,
Considering the energy code, including articles L. 211-2 and L. 712-1 to L. 712-3;
Considering the construction and housing code, including articles R. 111-20, R. 111-22-1 and R. 131-25 to R. 131-27;
Vu le general code of territorial authoritiesincluding article L. 1413-1;
Vu la Act No. 80-531 of 15 July 1980 amended relative to energy savings and heat use, including articles 5, 7 and 10;
Vu le Decree No. 81-542 of 13 May 1981 amended for the application of titles I, II and III of Act No. 80-531 of 15 July 1980 on energy saving and heat use;
Considering the opinion of the Local Finance Committee (the Standards Assessment Advisory Board) dated July 28, 2011;
Considering the opinion of the Autorité de la concurrence dated 16 December 2011;
The State Council (section of public works) heard,
Decrete:
Title II and articles 9 to 19 of the above-mentioned Decree of 13 May 1981 are replaced by the following:
« TITRE II
« CLASSIFICATION OF RESEAUX
DE CHALEUR ET DE FROID
"Art. 9.-I. ― For the purposes of the provisions of Articles L. 712-1 to L. 712-3 of the Energy Code relating to the classification of a heat or cold network:
"—are considered to be renewable energy sources provided for in Article L. 211-2 of the Energy Code;
"—are considered as recovery energies: the non-biodegradable fraction of household or assimilated wastes, community wastes, industrial wastes, stationery and refinery residues, recovery gases (mines, cokerie, high-end, steel and fatal gas) and the recovery of heat on wastewater or fatal heat, excluding the cogeneration of heat produced by
“II. ― The threshold of 50% of renewable or recovery sources required for the classification of a heat or cold network is estimated in relation to the total energy injected into the network and all energy sources used, and within the scope of the contract or the control. The reference period to be used to assess the 50% threshold is defined by a Minister of Energy order.
"Art. 10.-The request for the classification or modification of the classification of a heat or cold network is submitted, for a network existing by the owner, for a network to be created by the owner, or by their agent.
"Art. 11.-The application file for the classification or modification of the classification of an existing network includes:
« 1° Network management mode;
« 2° The identity of the network owner and, where appropriate, of the company to which the management of the network is entrusted;
« 3° The description of the roles and relationships of all stakeholders on the network;
« 4° The main characteristics of the network as well as those of the energy sources used;
« 5° The amount of heat or cold injected into the network for each of these sources in a calendar year;
« 6° The rationale for the sustainability of renewable energy sources or used recovery energies;
« 7° The justification for the actual counting of the quantities of energy delivered by delivery point;
« 8° The number of users connected to the network at the time of the classification request and its predictable evolution during the classification period, as well as an estimate of the quantities of energy distributed;
« 9° The duration of the proposed classification, which must be in relation to the depreciation duration of the network facilities;
« 10° The priority development scope(s) envisaged;
« 11° A situation plan, a distribution network diagram, a plan showing the network service area and parts of that area where one or more priority development perimeters are proposed;
« 12° An explanatory notice justifying the compatibility of these priority development areas with the provisions of existing urban planning documents;
« 13° A forecasted statement of revenues and expenditures spread over time, justifying the financial balance of the operation during the depreciation period of the facilities given the needs to be met;
« 14° The proposed tariff conditions for the different categories of subscribers connected to the network as a result of the classification, and the main conditions of their evolution: fees and connection fees, prices of subscriptions and kilowatt hours provided, revision formulas;
« 15° Indicators on the technical and economic performance of the network;
« 16° An energy audit of less than three years, whose content and procedure are provided by a decree of the Minister responsible for energy.
"Art. 12.-The application file for the classification of a network to be created includes a feasibility study covering the elements mentioned in 1° to 14° of Article 11 and the indicators for the technical and economic performance objectives of the network.
"Art. 13.-The classification of an existing or to be created hot or cold network shall be decided by deliberation of a territorial community or a group of territorial authorities, if any after having received the advice of the local public service advisory board provided for in the local public service advisory boardArticle L. 1413-1 of the General Code of Territorial Communities. The classification decision specifies:
"the identity of the owner of the network and, where appropriate, the company to which the management of the network was entrusted;
“– the duration of the classification;
"– the definition of one or more priority development areas;
"– for each priority development perimeter, the economic conditions of connection and tariff beyond which an exemption from the bonding obligation may be granted.
"The classification decision is published in the compendium of administrative acts of the territorial community or the group concerned. It is mentioned in two regional or local newspapers broadcast on the territory concerned.
"Art. 14.-The decision to classify a heat or cold network is brought to the attention of the relevant urban planning communities in the territory concerned, with a view to deferring the priority development area(s) in urban planning documents.
"Art. 15.-As a result of the approval or revision of a local urban planning plan, or of an urban planning document taking place, in respect of the territory on which a classified heat or cold network is located, the community or community grouping having decided the classification of this network shall, within six months after the publication of the approved or revised plan or document, determine the possible consequences of this plan or document
"Art. 16.-For the application of the connection requirement under Article L. 712-3 of the Energy Code:
" ― is considered as a new building: a newly constructed building whose application for a building permit has been filed after the classification decision or a new building or elevation exceeding 150 m 2 or 30% of the surface of existing premises within the meaning of the thermal regulation defined in section R. 111-20 of the Construction and Housing Code;
" ― is considered to be a building undergoing major renovation work:
"a building or part of a building subject to sections R. 131-25 and R. 131-26 of the Construction and Housing Code;
"a building with heating or a common air conditioning in which the heating or cooling system is replaced by a power greater than 30 kilowatts;
" – a building in which an industrial heat or cold production facility is replaced with a power greater than 30 kilowatts.
"Art. 17.-The derogation, as provided in the second paragraph of Article L. 712-3, from the obligation to connect to a classified network of heat or cold, shall be the subject of a justified request, submitted by the owner of the facility concerned or by his agent, to the community or group of communities that created the priority development scope(s).
"An exemption from the requirement to connect to a heat or cold network can only be granted in the following cases:
« 1° The installation is powered, to meet its heating, air conditioning or hot water requirements, to more than 50% over a whole calendar year, by energy produced from locally available renewable sources but unsusceptible to be operated by the network;
« 2° The installation presents a need for heat or cold which the technical characteristics are incompatible with those offered by the network;
« 3° The installation cannot be powered by the network within the time required to meet the heating or hot water needs or, in the case of cold networks, within the time required to meet the air conditioning needs of the user, unless the operator puts in place a transitional solution that will allow the user to supply heat or cold;
« 4° The installation cannot be connected to the network under economic conditions of connection and tariffs below the thresholds set out in the classification decision for the priority development area.
"Art. 18.-When the heat or cold network has not been fed to more than 50% on average for three consecutive years by renewable energy or recovery, the community or grouping of the communities concerned repeals the classification decision after the operator has been given the opportunity to comment.
"The decision to repeal is published in the forms provided for in Article 13 of this Decree.
"When a classification decision is repealed, the corresponding priority development areas cease to be implemented.
"Art. 19.-The territorial community or the grouping of territorial authorities that has decided the classification shall report annually on the operation of the previous year of the classified network, if any after having collected the opinion of the advisory board of local public services provided for in the previous yearArticle L. 1413-1 of the General Code of Territorial Communities. This report includes:
“– the annual balance of energy used according to their origin;
“– the energy performance of the generator(s) and the primary distribution network;
"—the condition of tariff conditions granted to the different categories of subscribers indicating the decomposition of costs;
“– the greenhouse gas emissions of the heat delivered by the network. »
I. ― Section R. 111-22-1 of the Construction and Housing Code is supplemented by the following paragraph:
"In the priority development perimeters of a heat or cold network having been the subject of a classification decision in force in accordance with the provisions of sections L. 712-1 to L. 712-3 of the Energy Code, the technical and economic feasibility study provided for in the first paragraph is required only for buildings to which the connection requirement to the network is not applicable and for those who have obtained an exemption from the network requirement. »
II. ― Section R. 131-27 of the Construction and Housing Code is supplemented by the following paragraph:
"In the priority development perimeters of a heat or cold network having been the subject of a classification decision in force in accordance with the provisions of sections L. 712-1 to L. 712-3 of the Energy Code, the technical and economic feasibility study provided for in the first paragraph is required only for buildings to which the connection requirement to the network is not applicable and for those who have obtained an exemption from the network requirement. »
This Order comes into force on April 1, 2012.
The Minister of Economy, Finance and Industry, the Minister to the Minister of Economy, Finance and Industry, responsible for industry, energy and the digital economy, and the Minister to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for housing, are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on March 23, 2012.
François Fillon
By the Prime Minister, Minister of Ecology,
sustainable development, transport and housing:
Minister of Economy,
finance and industry,
François Baroin
Minister to the Minister of Economy,
finance and industry,
responsible for the industry,
energy and the digital economy,
Eric Besson
Minister to the Minister of Ecology,
Sustainable Development,
Transport and housing,
Housing Officer
Benoist Apparu
