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Energy Sources (Conducting a Survey to Identify the Potential for Energy Conservation) Regulations, 5779-2018

תקנות מקורות אנרגיה (ביצוע סקר לאיתור פוטנציאל לשימור אנרגיה), תשע"ט-2018

Published: 2018-12-10Consolidated Hebrew text as of 2023-09-18 · Last amended 2021-09-14
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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By virtue of my authority under Section 3 of the Energy Sources Law, 5750-1989 (hereinafter – the Law), in consultation with the Minister for Environmental Protection and with the approval of the Economics Committee of the Knesset, I hereby promulgate these Regulations:

Definitions§

1.

In these Regulations –

"certification body" – a body that IAF has accredited to certify compliance with the Standard;

"the Specification" – the specification for the conducting of a survey in plants and institutions, a copy of which is published on the website of the Ministry of Energy at: www.energy.gov.il;

"economic viability" – the ratio between the estimated cost of investment in new Israeli shekels for the implementation of an energy conservation recommendation and the estimated value of the expected annual savings therefrom, translated into new Israeli shekels, which indicates that the period for recovery of the cost of the investment, discounted at the prime interest rate in the economy at the time of conducting the survey, does not exceed three years;

"energy consumer" – an energy consumer whose total aggregate annual energy consumption at all its premises exceeds 1,250 tonnes of oil equivalent in fuels or electricity, with electricity consumption calculated at 210 grams of oil equivalent per kilowatt-hour;

"survey" – a survey to identify the potential for energy conservation, including energy conservation recommendations;

"inter-ministerial team" – as defined in regulation 7;

"oil equivalent" – the energy obtained from the combustion of one kilogram of oil, equivalent to 10,000 kilocalories;

"survey plan" – a plan for conducting a survey pursuant to regulation 2;

"Standard" – ISO 50001, an international standard for energy management systems established by the International Organization for Standardization, deposited for public inspection at the Standards Institution of Israel, 42 Haim Lebanon Street, Tel Aviv;

"IAF" – (International Accreditation Forum), an international body that accredits a certification body to certify compliance with the Standard.

Plan for Conducting a Survey§

2.
(a)An energy consumer shall submit to the Supervisor for approval a plan for conducting a survey, based on the Specification, at the frequency prescribed in regulation 4.
(b)The Supervisor may require an energy consumer to amend the survey plan, as the Supervisor shall direct, within 30 working days from the date of its submission, and the survey plan shall be amended within 30 working days from the date of receipt of a requirement to amend as aforesaid.
(c)The Supervisor shall approve a survey plan within 30 working days from the date on which it was submitted to the Supervisor, and if amendments were required, within 15 days from the date on which an amended survey plan was submitted to the Supervisor.

Submission, Amendment and Approval of a Survey§

3.
(a)An energy consumer shall submit to the Supervisor a survey, in accordance with the approved survey plan, within one year from the date on which approval was given for the survey plan.
(b)The Supervisor may require an energy consumer to amend the survey, within 60 working days from the date on which the survey was submitted to the Supervisor, and the survey shall be amended within 60 working days from the date of receipt of a requirement to amend as aforesaid.
(c)The Supervisor shall decide on the approval of the survey or on a requirement to make amendments thereto within 90 working days from the date on which it was submitted to the Supervisor, and if amendments were required, within 30 working days from the date on which the amended survey was submitted to the Supervisor.

Submission of a New Survey Plan§

4.
(a)An energy consumer shall submit to the Supervisor for approval a new survey plan upon the expiry of 4.5 years from the date of approval of the previous survey pursuant to regulation 3.
(b)Notwithstanding the provisions of sub-regulation (a), an energy consumer who submits to the Supervisor, upon the expiry of 4.5 years from the date of approval of the previous survey, a valid certificate of compliance with the Standard from a certification body, for each of the three years preceding the date on which the obligation to submit a new survey plan falls due, shall submit to the Supervisor for approval a new survey plan upon the expiry of six years from the date of approval of the previous survey.

Recommendations with Economic Viability§

5.

The following energy consumers shall include in the survey energy conservation recommendations with economic viability:

(1)an energy consumer that is an audited body pursuant to sections 9(1), (2), (4) and (5) of the State Comptroller Law, 5718-1958;
(2)an energy consumer that is a supported body as defined in Section 32 of the Budget Foundations Law, 5745-1985, at least 80% of whose revenues are from the State budget.

Implementation of a Recommendation with Economic Viability§

6.
(a)An energy consumer listed in regulation 5 is obliged to implement an energy conservation recommendation with economic viability included in a survey approved for it within three years from the date of approval of the survey.
(b)Notwithstanding the provisions of sub-regulation (a), if an energy consumer listed in regulation 5, when about to implement a recommendation with economic viability included in a survey approved for it, finds that circumstances have changed in the period that has elapsed since the approval of the survey, from an economic or technological perspective, the energy consumer may submit to the Supervisor an application for the cancellation of the recommendation or the postponement of the date for its implementation; an application as aforesaid shall include one of the following:
(1)a calculation showing that implementation of the recommendation lacks economic viability, or is not feasible due to economic or technological changes or difficulties;
(2)an alternative recommendation for energy efficiency supported by a calculation showing that implementation of the recommendation is feasible, having regard to economic or technological changes.
(c)Where an application as referred to in sub-regulation (b) has been submitted, it shall be referred to the inter-ministerial team, which shall examine the application and decide whether to approve it, reject it or approve it subject to conditions; the decision shall be conveyed to the applicant within 60 days from the date of submission of the application; if the inter-ministerial team has not given its decision by the end of the said period, the energy consumer shall be exempt from the obligation to implement the energy conservation recommendation to which the application relates.
(d)An energy consumer listed in regulation 5 shall submit to the Supervisor data concerning the extent of energy savings achieved as a result of implementation of the recommendation in the survey, upon the expiry of three years from the date of receipt of approval of the survey or upon the expiry of one year from the date of commencement of implementation of the recommendation, whichever is the later.

Inter-Ministerial Team§

7.

An inter-ministerial team shall comprise 5 members, as set out below:

(1)the Supervisor, who shall be the chairperson of the team;
(2)two representatives, employees of the Ministry of Energy, to be appointed by the Minister;
(3)one representative, an employee of the Ministry of Finance, to be appointed by the Minister of Finance;
(4)one representative, an employee of the Ministry for Environmental Protection, to be appointed by the Minister for Environmental Protection.

Revocation§

8.

The Energy Sources (Conducting a Survey to Identify the Potential for Energy Conservation) Regulations, 5753-1993 (hereinafter – the Previous Regulations) – are revoked.

Commencement and Transitional Provisions§

9.
(a)These Regulations shall come into force six months from the date of their publication.
(b)Regulation 2(b) of the Previous Regulations shall continue to apply to an energy consumer in respect of a plan approved by the Supervisor pursuant to regulation 2(a) of the Previous Regulations on the eve of the commencement of these Regulations.
(c)Regulation 4 shall apply to an energy consumer who conducted a survey pursuant to the Previous Regulations, upon the expiry of the survey period that the energy consumer conducted.

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RegulationsAdministrative Law

תקנות מקורות אנרגיה (ביצוע סקר לאיתור פוטנציאל לשימור אנרגיה), תשע"ט-2018

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