“The average income of the concessionaire is up to 4.8 billion per year”: Appeal to Travnikov on the garbage project

Lack of waste will lead to compensation from the budget, tariffs for the population will grow three times, and the income of the concessionaire - up to 4.8 billion rubles a year. At the same time, a monopoly position is created for Ecology-Novosibirsk LLC, and for the region-the risks of financial and social tension. The text of the renewal circulation to the acting governor about the termination of the concession.

On October 18, the profile committee of the parliament approved the draft circulation and offered to take it to the nearest session. Read about the argumentation of deputies and the history of the issue here .

The text is provided by the press service of the Legislative Assembly.

Appeal

The Legislative Assembly of the Novosibirsk Region to the temporarily acting governor of the Novosibirsk Region on the concession agreement regarding the creation and operation of the communal infrastructure system - objects used for the processing, disposal and burial of solid utilities in the Novosibirsk region.

Dear Andrey Alexandrovich!

On July 22, 2016, a concession agreement was signed between the Novosibirsk Region and LLC Ecology-Novosibirsk LLC regarding the creation and operation of the communal infrastructure system-objects used for processing, disposal and burial of solid municipal waste in the Novosibirsk region. The agreement provides at the expense of the concessionaire (6.5 billion rubles) to build two sorting complexes and two landfills (“Razdolny” and “Verkh-Tula”) with the corresponding infrastructure. The entire object is transferred to Ecology-Novosibirsk LLC to a concession for 40 years.

However, the ability of a concessionaire (Ecology-Novosibirsk LLC) is more concerned about greater concern to finance the creation of an object of agreement from its own funds. Ecology-Novosibirsk LLC was created on October 09, 2012 to speak with the initiative to conclude a concession agreement, however, before the conclusion of the concession agreement (2016), he did not conduct any economic activity and had only borrowed funds in the amount of 95,704 thousand rubles.

In this regard, the very substantial investment parameters of the agreement are noteworthy, on the basis of which the calculation of gross revenue and the cost of services (tariff) of the concessionaire: the rate of profitability for borrowed capital - the key rate of the Bank of Russia + 4% per annum - the key rate of the Bank of Russia + 6% per annum, the normative level of profit 10.96%, the payback period of 12 years. We also consider it overstated the amount of invested capital of 6.5 billion rubles to create an object of agreement using American -made equipment, which in itself is risky in the conditions of sanctions applied against Russia by the United States.

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We draw attention to the fact that the agreement is concluded with one concessionaire at once on two Moscow time and a training ground (Razdolnoye and Verkh-Tula) intended for the Novosibirsk cluster (six districts and five cities of the Novosibirsk Region), which creates the monopoly position of Ecology-Novosibirsk LLC in the system of waste management in this territory and conflicts with the Federal Law on concession agreements.

At the same time, from the Novosibirsk region, the concessionaire is guaranteed the annual volume of garbage in the Novosibirsk cluster of at least 800 thousand tons, which, taking into account the density of garbage established by the agreement (155 kg./Cub.), Is more than provided for the current territorial scheme of waste circulation in the Novosibirsk region. Given the organizational difficulties that will inevitably arise when introducing a new scheme for waste work under new federal legislation, as well as the development of a separate garbage collection system, which will inevitably lead to a reduction in the volume of garbage entering the sorting complexes, there is a great doubt about the possibility of achieving the volume of garbage guaranteed by the regional operator in the Novosibirsk cluster.

This circumstance may lead to the lack of loading of two sorting complexes and, as a result, to the obligation of the concedent of compensation for the received income of the concessionaire at the expense of the regional budget.

An agreement of the concessionaire is guaranteed a tariff that is three times higher than the current tariffs, which, in turn, can lead to an increase in the economic burden of residents of the Novosibirsk region, an increase in social tension, and also negatively affect the collectibility of payments for the residential and communal services of “garbage removal”. In addition, the expenditure of the regional budget for compensation payments to the preferential categories of citizens, or compensation for the beneficial revenues of the regional operator in the event of an increase in receivables or the concessional income, in the event of an artificial deterrence of tariff growth, may increase.

An agreement is also guaranteed by a fixed gross revenue to the concessionaire, which, in violation of clause 1.1.1. Agreements annually indexes and will draw up more than 121 billion rubles for the entire concession term. The indexation of gross revenue artificially increases its volume by 40 billion rubles for the entire duration of the agreement and will inevitably lead to an additional increase in tariffs. In addition, the guaranteed volumes of gross revenue may not be achievable due to the fault of the concessionaire due to the overstated volumes of MSW or due to artificial deterrence of the tariff, which will inevitably entail the obligation of the concurrent to compensate the concessionaire with a underground guaranteed income from the budget of the Novosibirsk region.

The agreement also stipulates that all the additional income of the concessionaire from the sorted recyclable, which can be more than two billion rubles a year, are not taken into account when calculating the tariffs of the concessionaire and do not affect their reduction (clause 1.6 of Appendix No. 5). Thus, the average income of the concessionaire, taking into account income from recyclables, can be from 3 to 4.8 billion rubles a year in 2028. In total, for the payback period of investments, the concessionaire should receive more than 49 billion rubles of income, which is 7.6 times more than the alleged investments in the project. During the same period, a concessionaire can receive more than 19 billion rubles of net profit, which is 3 (three) times more than the alleged investments in the object of the agreement.

The fact that paragraph 9.26 of the Agreement provides for the possibility of signing the Novosibirsk region of a direct agreement between the concessionaire, the concedant and the financing organization, in which Ecology-Novosibirsk LLC registered the release of securities for one billion rubles. Such a direct agreement provides for the assignment to the Novosibirsk region of all financial obligations of the concessionaire in case of its refusal or the inability to fulfill its obligations to the financing organization.

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The agreement contains a separate section of 29 “Special circumstances”, upon the occurrence of which the regional budget will also be obliged to compensate the concessionaire by the undertaken income and expenses incurred. Some of these special circumstances are the direct duty of a concessionaire or belongs to the usual commercial risks of the investor.

In addition, during the study of the concession agreement, it turned out that the land plot allocated for the placement of the Razdolnoye landfill is located in the forbidden Aerodrome Zone of the Aviation Plant named after V.P. Chkalov, which is prohibited by federal rules for using the airspace of the Russian Federation. In addition, paragraph 1.3 of the Instructions of the Ministry of Construction of the Russian Federation on the design, operation and reclamation of landfills for solid household waste, the use of land plots located closer than 15 km from airports under landfills.

On July 10, 2017, the commission in agreement and control over the construction of buildings and structures in the area of ​​the Airfield of Novosibirsk (Yeltsovka) of the Aviation Plant named after V.P. Chkalov (a branch of PJSC Sukhoi company) was denied by Ecology-Novosibirsk LLC in the coordination of the construction of a garbage sorting complex in its amerodrome territory.

Thus, according to the current concession agreement, it is impossible to design and build the Razdolny garbage training ground without violating the federal rules for using the airspace of the Russian Federation (clause 59) and the instructions of the Ministry of Construction of the Russian Federation on the design, operation and reclamation of landfills for solid household waste (clause 1.3).

Moreover, the location of the Razdolnoye training ground at the mouth of the River of the Alcohol caused a wide protest of residents of nearby villages and country societies. In April 2017, deputies of the Council of Deputies of the Novosibirsk District of the Novosibirsk Region appealed to the governor of the Novosibirsk region with a request to choose another land plot to accommodate the Razdolnoye MSC.

The relevant committee of the Legislative Assembly, having examined the conclusions of the working group of the Legislative Assembly and the conclusion of the departments of the Legislative Assembly, repeatedly proposed to the government of the Novosibirsk Region to significantly change the economic model of the concession agreement, including reducing guaranteed volumes of MSW to really achievable, reduce the amount of tariffs of the concessionaire, exclude excesses and unreasonable budget guarantees and transfer The location of the Razdolnaya landfill from the floodplain of the river is mocking, but this was not done.

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Repeated attempts to amend the essential conditions of the concession agreement were unsuccessful. So, on March 9 and July 17, 2017, the Novosibirsk OFAS legally refused the Deputy Governor of the Novosibirsk Region and the Minister of Housing and Public Utilities and Energy to agree on changes in the terms of the concession agreement of July 22, 2016, since there were no objective conditions that did not allow the parties to the agreement to fulfill their obligations. Such conditions include: force majeure circumstances (force majeure), federal law or law of the constituent entity of the Federation, a court decision that does not allow the parties to fulfill the obligations. However, there were no such conditions for a concessionaire or concedent.

Despite the refusal of the Novosibirsk OFAS to coordinate amendments to the current agreement, the Government of the Novosibirsk Region on August 08 and 08, 2017 decided to conclude two additional agreements to the concession agreement of July 22, 2016, which were disputed by the Novosibirsk OFS on October 05, 2017.

Thus, any attempts to make changes to the essential conditions of the concession agreement become impossible.

Given the foregoing, in order to exclude unreasonable and excessive risks for the budget of the Novosibirsk region and reduce social tension in the Novosibirsk Region, we propose to the government of the Novosibirsk region to terminate the concession agreement between the Novosibirsk region and Ecology-Novosibirsk LLC.

We propose to create a special working group to the temporarily acting governor of the Novosibirsk Region with the inclusion of deputies of the Legislative Assembly of the Novosibirsk Region in order to develop a new economic and technological model of the concession agreement on the processing of solid municipal waste and changing the location of the Razdolnoye training ground.