**: Gas & Law***
Authors: Chen Xinsong, Bao Kun, Oil & Gas Division, Sunshine Law Firm
Hasn't the "capacity increase fee" been abolished a long time ago?Why do you have to discuss whether you can accept it?The "Guiding Opinions on Regulating the Installation Fees of Urban Gas Projects" (Fagai ** 2019 No. 1131, referred to as Document No. 1131) and the "Notice of the General Office, the National Development and Reform Commission and Other Departments on Cleaning Up and Regulating the Charges of the Urban Water Supply, Power Supply, Gas Supply and Heating Industry and Promoting the High-quality Development of the Industry" (Guo Ban Han 2020 No. 129, referred to as Document No. 129) have indeed expressly cancelled the "capacity increase fee", but due to the "capacity increase fee" referred to in the above-mentioned document It is clearly limited to fees outside the red line, and in practice, there is still controversy over whether fees related to capacity increase can be charged within the red line. Law enforcement authorities in different regions also have different views on whether gas companies can charge material fees and installation fees when users increase capacity.
This paper analyzes the differences in charging policies related to gas capacity increase and relevant law enforcement cases from the perspective of gas capacity increase fees, puts forward risk prevention suggestions for the development of gas enterprises' capacity increase business, and further summarizes the compliance management measures for pipeline gas extension services for readers' reference.
What is the gas capacity increase fee?
At the beginning of the implementation of the gas capacity increase fee, in some areas, its nature is similar to the supporting fee for urban infrastructure construction, which is dedicated to the development and construction of urban gas. For example, the Regulations on the Administration of City Gas in Changchun City (1995, repealed) and the Regulations on the Administration of Gas in Tianjin (1997, repealed) both stipulate that if a new construction, expansion or reconstruction project of a pipeline gas unit user needs to increase its gas consumption, it shall pay a fee for the construction and capacity increase of gas sources and gas facilities in accordance with relevant regulations for the construction and development of gas. In 1997, the people of Dalian issued the "Notice on Strengthening the Collection and Management of Gas Source Capacity Enhancement Fees and Solving the Problem of Urban Residential Gas Facilities", which stipulated: "The gas source capacity increase fee shall be collected by the Dalian Municipal Gas Management Office on behalf of the city, and all shall be handed over to the treasury and the financial account shall be stored ...... special financial account."Where the newly built residential buildings are located in the urban gas pipeline coverage area, the housing development and construction unit shall charge the gas source capacity increase fee before the residents move in, and entrust the design of indoor and outdoor gas pipelines. ”
In other parts of the country, this fee may be called the gas initial installation fee, opening fee, etc., and the charging standards are also different. This fee is the cost borne by the user to enjoy the opening and use of pipeline gas, which essentially belongs to the cost of pipeline gas. The above-mentioned charges have played a positive role in promoting the development of pipeline gas and stabilizing gas under the specific historical conditions in the early stage of the construction of pipeline gas facilities, but with the continuous development of the economy and society and the gradual deepening of the reform of the enterprise management system, it is necessary to cancel the initial installation fee (or capacity increase fee) in a timely manner to reduce the burden on users and safeguard the interests of the masses. For example, in December 2006, Guangdong Province issued the "Notice on Regulating the Management of Pipeline Gas in Guangdong Province", which clearly stipulates that "all localities must stop charging fees in the name of initial installation fees, capacity increase fees, account opening fees, etc. ”
With the deepening of local reforms, more and more regions have cancelled capacity increase fees or initial installation fees, and by the issuance of Document No. 1131 in 2019, the pressurization and capacity increase fees involving municipal pipe network assets outside the red line of building zoning, as well as the initial installation fee, connection fee, opening fee and other fees involving the connection between the municipal pipe network and the red line of building zoning have been officially cancelled at the national level. The scope of gas project installation fees charged by gas enterprises to users is limited to the assets whose property rights belong to users within the red line of building zoning, and shall not extend beyond the red line.
In current practice, the so-called "capacity increase fee", in addition to the fees related to the construction of pipeline networks outside the red line that are still charged by individual enterprises in violation of regulations, generally refers to the costs incurred by users in the normal use of gas meters based on the demand for heating gas or the expansion of gas consumption, including the price difference fee, installation fee, material cost, etc.
The policy basis for gas capacity increase charges
The costs related to capacity increase discussed below include two situations: one is for new residential projects, which exceed the general gas engineering installation standards and require a unified installation of heating equipment;The second is the related costs incurred by gas users to replace gas meters based on heating needs.
In the first case, for the unified installation of heating equipment in new residential projects, some places clearly charge the price difference fee while charging the installation fee of the gas project. For example, in Changshu, Suzhou, Taixing and other regions in Jiangsu, as well as Huangshan, Fuyang, Lu'an, Wuhu and other regions in Anhui, the development and reform departments have issued relevant policy documents, clarifying the installation fee standards for gas projects for new commercial housing, and also stipulating that "the unified installation of gas heating and other facilities for new commercial housing requires an increase in capacity pipelines and a rated capacity of gas meters exceeding 2."5m h, the gas business enterprise can add material costs, working hours and other price differences, and the specific additional standard shall be determined by the gas business enterprise and the construction unit through negotiation". Chongqing Municipality stipulates in the Chongqing Development and Reform Document No. 1776 2021 that for types of gas installation projects including villas, super high-rise residences with a building height of more than 100 meters, some residences with a single-storey height of more than 3 meters in the same building, and increasing the diameter of gas supply pipes and meter models due to heating needs, the charging standards shall be determined by the user and the gas installation enterprise through negotiation.
In the second case, for example, Loudi City and Lianyuan City in Hunan Province clearly stipulate in the policy document that after collecting the installation fee for residential gas projects, the gas enterprise shall connect the user's gas stove and water heater (except heating stove) to the two fire points, and shall not charge the user any other fees. However, for the ...... of users who require an increase in the gas supply ignition pointIf the heating furnace user needs to increase the capacity of the pipeline or replace the gas meter, etc., the material cost difference and working hour fee can be additionally charged, and the specific standards shall be approved by the counties and cities.
For details of the relevant local charging policies and regulations in the above two situationsSchedule I。In addition, some places have issued special documents to clearly cancel the relevant charges for gas capacity increase (such as civil gas meter expansion fees), such as Nanjing, Zhenjiang, Jiangsu, Ganzhou, Jiangxi, Yichang, Hubei, Huaihua, Hunan and other places, see the specific contentSchedule II
In the process of gas capacity increase and transformation, whether the difference in the price of the charging meter is a problem that gas companies are very concerned about. According to document No. 129, "it is strictly forbidden to charge users the cost of water, electricity and heat metering devices", and "metering device fees" generally refer to the costs involved in metering devices, including meter fees, installation fees, verification fees, maintenance fees, etc. Circular No. 129 stipulates that "the charging items that gas enterprises should pass through the cost of gas distribution, including ......, shall be abolished."At the same time, in accordance with national laws, regulations and industry standards, the first verification of gas metering devices before use and the periodic verification costs of a certain number of years shall be borne by the gas enterprise. However, under the normal use of the gas meter, if the user replaces the gas meter based on the heating gas demand, there is no clear provision on whether the gas enterprise can charge the meter price difference fee and installation fee, and whether it is an extended service to meet the user's individual needs is controversial in practice.
The author believes that it is necessary to determine whether the fee for the difference in price for meter replacement should be determined based on the policy formulation of the local competent authority. For example, the notice of Huaihua City, Hunan Province on canceling the capacity increase fee of natural gas heating stove (Huaifa Price Changer No. 12 2020) stipulates: "After research, it was decided to cancel the capacity increase fee of natural gas heating furnace, and if the professional and technical requirements of the industry stipulate that the gas meter should be replaced, the new user shall make up the difference in the gas meter, and the old user gas meter shall be charged according to the actual amount, and the meter replacement service fee shall be 2000 yuan block charged, in addition to the charge shall not be charged, consciously accept the supervision of consumers and the inspection of the competent department. ”（Editor's noteIn this case, the gas company can charge the meter price difference and meter replacement service fee. If the local policy does not clearly allow the charging to be collected, the user shall not be charged a metering device fee in accordance with the spirit of Circular 129.
Cases related to gas capacity increase charges
This article selects some cases of charges related to gas capacity increase to show the differences in the positions of law enforcement agencies in different regions.
1.Support charge-related cases
A gas company in Wuhu, Anhui Province charges a fee for capacity increase
Case**:Wuhu Municipal Market Supervision Bureau.
Basic Facts:On March 15, 2018, a gas company issued the "Notice on Requiring Wall-hung Boiler Floor Heating Users to Increase Capacity", which clarified that "new users of wall-hung boiler floor heating who open ignition will be charged 600 yuan for capacity increase". A member of the CPPCC in Wuhu City reported to the CPPCC meeting on the charges of the gas company, and the Wuhu Municipal Market Supervision Bureau investigated and verified that the fee was charged by the gas company for upgrading and transformation, including the price difference and working hour costs.
Result:The Wuhu Municipal Market Supervision Bureau believes that according to the requirements of the notice of Wuhu City on lowering the installation fee standard for new residential gas projects (Wufa Gai** 2019 No. 702), if users have special needs such as capacity increase, gas business enterprises can add material costs, working hours and other price differences in accordance with the "Anhui Provincial Project Quota".
A gas company in Huoshan County, Anhui Province charges a capacity increase fee
Case**:People of Huoshan County**.
Basic Facts:In March 2021, a gas company user left a message on 12345** to reflect that due to the installation of a heated wall-hung boiler water heater in his home, the staff of the pipeline gas company asked for a capacity increase fee of 4,500 yuan due to the installation of a heating wall-hung boiler water heater. The user believes that the gas company has arbitrarily charged fees, and consults the basis and standard of the charge.
Result:Huoshan County believes that according to the "Notice of the Anhui Provincial Development and Reform Commission on Cleaning Up and Canceling the Relevant Charging Projects of the Urban Water Supply, Power Supply and Gas Supply Industry" (Anhui Fa Gai ** Letter 2021 No. 60) and Liufa Gai ** [2019] No. 318 document, if the user has reserved to install gas facilities, change the pipe pipeline and the gas meter quota capacity reaches 2For special needs such as 5 cubic meters per hour, the gas business enterprise may charge additional material fees and working hours, and the specific additional fee standard shall be determined by the gas business enterprise and the entrusting party through negotiation.
2.Cases of non-compliance charges
A gas company in Yixing, Jiangsu Province, abused its dominant market position to charge high heating capacity increase fees
Case**:State Administration for Market Regulation.
Basic Facts:For users with heating requirements, the gas company will be the original G25. Replace the meter with G4, G6 or G10 meters with a larger rated flow, and upgrade part of the gas pipeline network as needed, and charge residential users for heating capacity increase in the name of meter replacement fee, capacity increase fee or heating installation fee.
Result:The law enforcement agency believes that in the case that the cost of the parties to purchase the meter has not changed significantly, the increase in the fees of G4, G6 and G10 meters has reached %, respectively, and the increase in the price of the fee is significantly higher than the increase in the cost. According to the relevant provisions of the Interim Provisions on Prohibiting the Abuse of Market Dominance, the behavior of the parties charging high heating capacity increase fees to residential users shall be determined to be unfair**.
A gas company in Binzhou, Shandong Province charged a capacity increase fee without authorization
Case **:Security Data Agency.
Basic Facts:Since January 1, 2011, without the approval of the competent authority and against the wishes of consumers, the parties have collected a total of 63,300 yuan from users who apply for the installation of wall-hung boilers or water heaters in their jurisdiction.
Result:The Binzhou Municipal Bureau of Industry and Commerce confiscated 63,300 yuan of illegal gains and imposed a fine of 63,300 yuan.
A gas company in Shaoxing, Zhejiang, charged the difference in meter replacement for the application for user expansion
Case **:Shaoxing Municipal Market Supervision Bureau.
Basic Facts:At the same time that the parties have already collected the pre-embedding fee for pipeline gas facilities and the renovation fee for pipeline gas facilities, they will collect it in the name of "meter change fee for meter exchange", and repeatedly charge the "meter change price difference fee" for residential users who apply for capacity expansion. During the period from September 1, 2019 to August 31, 2021, 77 meters were charged for the "meter difference fee" for expanded residential users, of which 75 were charged according to the unit price of 400 yuan and 1 meter was charged at 300 yuan, and the total overcharged price was 30,300 yuan.
Result:The party violated Article 12 of the "** Law", which stipulates that "business operators shall comply with laws and regulations and implement the ** guide price, ** pricing and statutory ** intervention measures and emergency measures formulated in accordance with the law", which is an illegal act of decomposing projects and charging repeatedly, and shall be fined 30,000 yuan.
Suggestions on gas capacity increase charges and risk prevention suggestions for extended service business
Based on the above-mentioned policy analysis and local cases, gas enterprises should pay attention to the following issues to prevent compliance risks when carrying out gas capacity increase business.
First of all, according to the provisions of Circular No. 129, the charging items including "capacity increase fee" that gas enterprises should pass through the cost of gas distribution will be cancelled. In the process of gas installation, no capacity increase fee involving municipal pipeline network assets outside the red line shall be charged, and at the same time, after the completion of the user project, the opening fee and access fee shall not be ......Fees are charged in various forms and names such as capacity increase fees. Enterprises should avoid using the relevant expressions of "gas capacity increase fee" in the relevant charging documents or business publicity process, which is likely to attract user complaints or the attention of law enforcement authorities.
Secondly, for new residential projects with unified heating needs, the construction unit should be charged in strict accordance with the project quota standard. If the local competent authority implements the best pricing for the installation fee of the gas project, whether the material fee and the price difference can be added to the increased cost caused by the installation of unified heating equipment need to be determined in combination with local policies. For existing projects, if the user applies for the installation of a heating furnace or needs to replace a large-capacity gas meter due to the increase of gas supply fire points, whether the relevant fees can be collected and what the charging standard is, shall be determined in accordance with the provisions of the local policy documents or communication with the competent department.
Finally, in view of the fact that the local area has not yet issued a document to clarify the charging issues related to capacity increase, it is recommended that gas enterprises take the initiative to formulate relevant charging items and standards, apply for the filing or approval of the competent authority, and clarify the caliber and attitude of local law enforcement.
Combined with the above-mentioned compliance management measures for gas capacity increase charges, gas enterprises can take the following measures to do a good job in compliance management for the development of pipeline gas extension service business.
1) The charging items that have been cancelled by national or local policies shall not be collected or collected in different names.
2) Combined with local management regulations, take the initiative to formulate extended service charging standards, and apply to the competent department for filing or approval [1] to determine the scope of charging items.
3) [2] After obtaining the ** fee filing or ** document to clarify the charging standard of the enterprise to formulate its own charging standards [2], take the initiative to publicize the charging standards and avoid charging outside the scope of the list.
4) For market-oriented service projects, gas enterprises shall not force users to accept or choose the services provided by enterprises, and shall give users the right to choose independently.
5) Gas enterprises should do a good job of cost accounting for charging items, and shall not charge significantly higher than the market level to avoid being found to be unfair.
1] For example, the notice of Hunan *** on further standardizing the installation fees of gas projects (Xiangfa Gai Price Adjustment No. 2021 No. 329) stipulates: "After the demarcation point of the property rights of gas supply enterprises and facilities to the front of gas appliances, the extended services provided to meet the personalized needs of residential users shall be managed in accordance with the pricing authority of residential gas project installation fees, and the competent departments of cities and counties shall clarify the service items, service content, and charging standards." ”
2] For example, Article 20 of the "Guangdong Provincial Development and Reform Commission's Measures for the Management of Urban Pipeline Gas" stipulates: "The specific charging items of the relevant services provided by urban pipeline gas business enterprises at the request of users shall be determined by the municipal and county people's competent departments in accordance with the principle of strict project initiation and simple project setting in combination with local conditions, and the relevant service charging standards shall be formulated by the enterprises independently." ”
**: Gas & Law***