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Law No. 158 Of 19 July 2016

Original Language Title: LEGE nr. 158 din 19 iulie 2016

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LEGE no. 158 158 of 19 July 2016 for approval Government Emergency Ordinance no. 79/2013 amending and supplementing Land improvements law no. 138/2004 ,, for completing Government Emergency Ordinance no. 82/2011 on certain measures to organise the activity of land improvements and to amend the letter e) of paragraph 6 of Article 3 of the Law no. 220/2008 establishing the system for promoting the production of energy from renewable energy sources
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 556 556 of 22 July 2016



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 79 79 of 26 June 2013 amending and supplementing Land improvements law no. 138/2004 ,, for completing Government Emergency Ordinance no. 82/2011 on certain measures to organise the activity of land improvements and to amend the letter e) of paragraph 6 of Article 3 of the Law no. 220/2008 for the establishment of the system for promoting the production of energy from renewable energy sources, published in the Official Gazette of Romania, Part I, no. 390 of 29 June 2013, with the following amendments and additions: 1. The title of the emergency ordinance shall be amended and shall read as follows: " EMERGENCY ORDINANCE amending and supplementing Land improvements law no. 138/2004 ,, for the modification and completion Government Emergency Ordinance no. 82/2011 on certain measures to organise the activity of land improvements and to amend the letter e) of paragraph 6 of Article 3 of the Law no. 220/2008 establishing the system for the promotion of the production of energy from renewable energy sources " 2. In Article I, after point 1, a new point is inserted, paragraph 1 ^ 1, with the following contents: "" 1 ^ 1. Article 25 (2) is amended and shall read as follows: " (2) In case of dissolution of the organization or federation, the goods obtained according to art. 27 and those purchased or edified from public money shall be distributed by the liquidator to the Agency, on the basis of minutes of delivery-takeover. The date of transmission of the goods shall be that of the preparation of the minutes of the takeover-takeover. "" 3. Article I (2) (1) of Article 27 shall be repealed. 4. Article I (3) (1) (1) of Article 27 shall be repealed. 5. in Article I, point 4, paragraph 4 of Article 27 shall be repealed. 6. In Article I, point 5, paragraph 4 ^ 1 of Article 27 shall be repealed. 7. Article I (6) (5) of Article 27 shall be repealed. 8. Article I (7) (1) (1) of Article 28 shall be repealed. 9. Article I (8) (3) of Article 28 shall be repealed. 10. In Article I, point 9, Articles 29 ^ 1 and 29 ^ 2 shall be repealed. 11. In Article I, after point 9, two new points, paragraphs 10 and 11 shall be inserted, with the following contents: "" 10. In Article 63, paragraph 2 is amended and shall read as follows: " (2) Water delivery tariff for irrigation will cover the cost of water, water transport costs from the source or outlet to the water delivery point for irrigation, through the public domain irrigation infrastructure and the water supply sector. private of the state, under the administration of the National Agency for Land Improvement. Transport costs include electricity and heat expenses for pumping water. The water delivery charge for irrigation does not include maintenance and repair costs, which are covered by the Agency's own budget. The amounts collected from the water supply tariff for irrigation and remaining unused at the end of the year shall be carried over to the following year. " 11. Article 66 is amended and shall read as follows: "" Art. 66. -(1) The Agency shall bear from its own budget the costs related to the operation, maintenance and repair of land improvement facilities. (2) Until the application of the irrigation and dissecting subscription, the National Land Improvement Agency charges desecation rates, at the request of the beneficiaries. (3) The Government Decision establishes the deadline for the implementation of the irrigation and dissecting subscription provided in par. ((2). '' 12. The introductory part of Article II shall be amended and shall read as follows: " Art. II. -Government Emergency Ordinance no. 82/2011 on some measures to organize the activity of land improvements, published in the Official Gazette of Romania, Part I, no. 694 of 30 September 2011, approved with amendments and additions by Law no. 199/2012 , as amended and supplemented, shall be amended and supplemented as follows: ". 13. In Article II, a new point shall be inserted before paragraph 1, with the following contents: " letter l) of paragraph 1 of Article 4 shall be amended and shall read as follows: " l) put into operation the dissecting stations in the area to be affected to prevent the flooding of localities, agricultural land, land improvement infrastructure, as well as to prevent accidents at construction hydrotechnical; ''. 14. In Article II, after point 1, a new point is inserted, paragraph 1 ^ 1, with the following contents: "" 1 ^ 1. Article 4 (1 ^ 1) is amended and shall read as follows: " (1 ^ 1) The activities referred to in par. ((1) lit. l), as well as the maximum costs generated by these activities are established by a commission made up of the representatives of the prefecture, of the emergency inspectorates, of the National Land Improvement Agency and of the Ministry of Finance Public. The maximum costs generated by the activities in par. ((1) lit. l), as well as the source of their financing, is approved by joint order of the Minister of Agriculture and Rural Development, the Minister of Internal Affairs and the Minister of Public Finance. "" 15. In Article II, point 2 is amended and shall read as follows: "" Two. In Article 5, after letter s), two new letters, letters t) and t) are inserted, with the following contents: " t) perform electricity supply activities to customers, as well as the electricity supply of consumer places under the administration of the supplier, in compliance with the legal provisions in force; t) as the association leader, the Agency can represent the organizations and federations of water users for irrigation, members of the League of water users, to the public procurement procedure of the necessary electricity, traded on free market. "" 16. In Article II, after point 4, two new points, points 5 and 6, are inserted, with the following contents: "" Five. In Article 12, letter c ^ 2) is amended and shall read as follows: " c ^ 2) maintenance and repair works on the goods in the irrigation facilities, as defined in Annex no. 2 2 to Land Improvement Law no. 138/2004 , republished, with subsequent amendments and completions, respectively to the water sockets for irrigation, dredging/senal discoloration, docking and repairs specific to floating base pumping stations, repairs specific to pumping stations fixed base, including reversible ones, repomping stations, as well as ducts and ducts for bringing and distribution of water to pumping stations under pressure; '. 6. After Article 12, a new article is inserted, Article 12 ^ 1, with the following contents: "" Art. 12 12 ^ 1. -The expenses with the works provided for in 12 lit. c ^ 2) shall be borne by the Agency, within the limits of the budgetary provisions allocated from the state budget through the budget of the Ministry of Agriculture and Rural Development with this destination. "" 17. In Article III, a new paragraph (2) is inserted, with the following contents: " (2) The lands and related protection zones, which were not transmitted into the property with the land improvement infrastructure within the irrigation facilities previously taken up in the property by water users ' organizations. for irrigation by order of the Minister of Agriculture and Rural Development, shall be transmitted on request, in free use by Government decision, for a period of 49 years, with the right of extension. " 18. After Article IV, a new article is inserted, Article V, with the following contents: "" Art. V.-Paragraph 1 of the art. III of Law no. 269/2015 on approval Government Emergency Ordinance no. 4/2015 for amendment Government Emergency Ordinance no. 82/2011 on some measures to organize the activity of land improvements, published in the Official Gazette of Romania, Part I, no. 843 of 12 November 2015, is amended and will read as follows: "" Art. III. -(1) The Ministry of Agriculture and Rural Development, under the condition of assuming by the Government, by decision, of the National Program for Rehabilitation of the Main Irrigation Infrastructure, will receive in the period 2016-2020 the amount of 1.015 billion euros required the rehabilitation of the main irrigation infrastructure, as follows: in 2016, 145 million euros, following that in the next 4 years the funds allocated to increase annually by about 17%, so as to reach the approved ceiling related to the multiannual investment. "" This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, July 19, 2016. No. 158. -----