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PUBLIC-PRIVATE PARTNERSHIP:
ISSUES AND CHALLENGES
Group Members:
Nikhil Meshram 81
Ankeet Pandya 97
Abhijeet Nagre 89
Lerie Pereira 107
CHALLENGES OF PPP PROJECTS
PUBLIC PRIVATE PARTNERSHIP
BRIEF OVERVIEW
SECTORWISE PPP PROJECTS
Source: E&Y
SECTORWISE PPP PROJECTS APPROVED BY
PPAC AND THEIR STATUS
SECTOR PROJECTS
APPROVED BY
PPAC
OF WHICH
AWARDED
IMPLEMENTATION STATUS
COMPLETED UNDER
IMPEMENTATION
No Cost
No
Cost No Cost No Cost
ROADS 232 255 158 163 18 10 140
(>85%)
153
PORTS 32 38 22 21 6 3 16 16
OTHERS 17 16 2 1 - - 2 1
TOTAL 281 309 182 185 24 13 158 170
*Source: Department of Economic Affairs/NITI
 Since January 2006, PPPAC has approved 281 PPP projects in Central sector
involving investment of Rs.3.09 lakh crore. Out of these, 182 projects with an
investment of Rs.1.85 lakh crore have been awarded
(Cost in thousand crores)
STATE NO COST OF WHICH
ROAD PROJECTS OTHER PROJECTS
No Cost
(Rs in Crs)
No Cost
ANDHRA
PRADESH
4 14962 3 3148 1 11814
BIHAR 2 2420 2 2420 - -
HARYANA 1 383 - - 1 382
KARNATAKA 3 707 3 707 - -
MADHYA PRADESH 29 4468 20 3945 9 523
MAHARASHTRA 9 2334 9 2334 - -
ODISHA 1 1293 1 1293 - -
RAJASTHAN 3 1066 3 1066 - -
UTTARPRADESH 3 3285 3 3285 - -
TOTAL 55 30917 44 18198 11 12719
*Other projects include 8 food grain silo projects, 2 Transmission
projects and 1 Metro Rail project
PPP Eco-system in India
GoI has a progressive financial support system for PPP projects.
Some of the key initiatives include:
A. Setting up of India Infrastructure Finance Company Ltd. (IIFCL)
as quasi-equity.
B. VGF scheme (Viability Gap funding scheme)
 The GoI is expected to undertake capacity building interventions to
develop organizational and individual capacities for the purpose of
identification, procurement and managing of PPPs.
The PPP Cell in the Department of Economic Affairs will have
professionals who provide technical support to the ministries and
other authorities developing PPPs
Why is urgent for India to get Infra
PPPs right?
 India’s infrastructure is a key factor in
constraining rapid, competitive
economic growth and job creation and
thereby imposing huge costs on society
 can India become rich before it
becomes old? In other words, will
India accumulate enough wealth to
afford a decent quality of life for its
young and its old in the decades
ahead?
 Over the period 2013-30, India is
currently projected to have the world’s
largest need for infrastructure
investment, and the second largest
infrastructure deficit based on its
average spending during 1992-2011
*Source: WSJ Article
PPPs2.0-EMERGING CHALLENGES
PROJECT
STRUCTURING
MULTIPLE CHALLENGES
PROJECT
DEVELOPMENT STAGE
PROJECT AWARD AND
EXECUTION STAGE
PROJECT
MANAGEMENT &
MONITORING STAGE
1 LAND ACQUISITION
LACK OF
INFORMATION
3
2 GREEN CLEARANCES4
DISPUTE
RESOLUTION
7
FINANCIAL ISSUES5
CAPACITY OF PRIVATE PLAYERS6
MULTIPLE APPROVAL AGENCIES6
LACK OF INSTITUTIONAL CAPACITY6
FINANCING ISSUES
Bank appraisal of projects has in many cases suffered from lack of
adequate diligence, sometimes due to inadequate appraisal skills.
This has affected the quality of lending
There is a shortfall in equity capital with local sponsors.
Delays in execution of projects further leads to equity getting
trapped in ongoing projects, thus not being available for newer
projects.
Balance sheets of most prominent developers in the country are
stressed and over leveraged.
Underdeveloped debt markets
Multiplicity of institutions and overlap
in roles
Governments at all levels(ULB, State agencies etc) by and large
unable to create steady pipeline of projects due to Institutional
capacity constraints
Multiple agencies involved in Project implementation and overlap in
functions cause inordinate delays
 Inadequate capacity in authorities, consultants, financiers,
developers, statutory audit and vigilance in the PPP context has
given rise to misinformation
Lack of urban planning, and clear laws, regulations and procedures
has resulted in a slowdown of urban infrastructure projects
INFRA SLOWDOWN
INFRA POWER ROAD
June 13 19.1 29.8 21.5
June 14 11 14.4 14.6
Jan 15 10.4 14.7 7.9
Feb 15 10 13.9 7.5
March 15 10.1 14.2 6.7
April 10.6 15.4 5
May 15 8.6 13.6 4.6
June 15 9.2 13.1 3.4
July15 8.3 11.5 6.2
Aug 15 8.2 10.6 6.3
Sep 15 8.7 12.1 4.6
Oct 15 8.3 10.6 7.2
Nov15 8.7 10.4 7.5
Dec 15 8.4 10 7.9
CREDIT GROWTH DATA All fig in %
 Road Sector emerged as the only
silver lining , Infra continues to
be on downward spiral
 Credit demand is growing for the
road sector as a result of the
awarding of new projects and
feel
 large portion of this decline in
credit growth is also being linked
to the high number of stalled
projects in the infrastructure
space and their contribution to
the rising non-performing assets
(NPAs)
 Infra accounts for 50% of the
stalled projects and revival is the
key
Source: RBI Databank
Private sector problems
 Over-aggressive bidding with inadequate due diligence by bidders has
sometimes led to unviable offers
 Myopic assessment of risk factors and a failure to build in mitigation measures
(Due to mistaken belief that economy was growing at rapid pace at second half
of 2000)
 The quality of consultancy services in PPPs has not kept pace with the growing
need for such services in the country. This is reflected in inconsistent quality of
some advisory service
 Private sector developers, who were mainly construction experts, found they had
no appetite for long-term operations and maintenance (O&M) of infrastructure
assets
 The DCCO(Date of commencement of commercial operations) based asset
classification norm may have resulted in many projects getting classified as
NPAs
Public –Private-Partnership Within
BRICS
Brazil
 Federal laws provide an enabling framework for PPPs, there is no need for state
specific legislation
 Broad political consensus to maintain favourable frameworks and to be proactive on
concession projects
 Technical capacity has been the main bottleneck for PPPs, as the government has
been working to build institutional knowledge and to ensure that projects are
properly structured and launched
 Successful execution of projects (Road, Urban mobility &Airports), but problems
such as inordinate delays and fewer bidders than anticipated still persist
 uncompetitive and opaque bidding process, courts have further confounded the
process by issuing contradictory rulings in key areas
 The government has been criticised for limiting internal rates of return; however, the
private sector is still interested and willing to compete under these terms
RUSSIA
 Project selection regulations are solid, and transparency and fairness
requirements are in place
 Broad Political support for PPPs
 Country sovereign risk has been stable as public-sector external debt is low
 Conducive Investment climate
 Institutional actors involved in PPPs are not efficiently co-ordinated, which
undermines the impact of their activity
 Limited technical capacity
 Risk-allocation practices have not been implemented so as to facilitate private
participation
CHINA
 China has approved and implemented a new regulation for PPPs in June 2015
 Regulation aims to consolidate and refresh the various existing rules and
regulations on concessions
 It encourage private sector participation in the financing, construction and
operation of infrastructure and utility project
 Public sector is allowed to enter into concession contracts with foreign entities,
but there might be difficulties for non-PRC concessionaire to acquire the land
rights, import equipment and goods and handle taxation
 procedures of dealing with various government entities to develop projects is
complex in China
 State dominance which sometimes impairs the powers of Private players
 Uncertainties for private players as government sometimes does not fully
respect the agreement
SOUTH AFRICA
 SA has a strong business infrastructure, a sophisticated financial sector, and
comparatively high standards in accounting, regulatory structures and law
 Government, plays a lead role in identifying the need for a PPP, developing a
business case, designing the project, procuring a private party, ensuring that
procedures are complied with, and monitoring performance
 Risk allocation is generally assigned to the party best able to bear it
 Score card rating system for bidders
 Investors claim that the procurement process disproportionately favours
government
 Biggest challenge is the broader macroeconomic and political volatility including
labour unrest and currency volatility
‘PPP’ Resetting in Union Budget 2016-17
 proposed Public Utilities Resolution of
Disputes Bill
 renegotiation of PPP projects
 new credit-rating mechanism for private
infrastructure projects
 Dividends will no longer be taxed in the
hands of the recipients (Key issue in
operationalization of REIT)
 Proposed far more practical structure for
Asset Reconstruction Companies
IMPLEMENTATION
OF KELKAR
COMMMITTEE
REPORT
THANK YOU

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Public Private Patnership

  • 1. PUBLIC-PRIVATE PARTNERSHIP: ISSUES AND CHALLENGES Group Members: Nikhil Meshram 81 Ankeet Pandya 97 Abhijeet Nagre 89 Lerie Pereira 107
  • 2. CHALLENGES OF PPP PROJECTS
  • 5. SECTORWISE PPP PROJECTS APPROVED BY PPAC AND THEIR STATUS SECTOR PROJECTS APPROVED BY PPAC OF WHICH AWARDED IMPLEMENTATION STATUS COMPLETED UNDER IMPEMENTATION No Cost No Cost No Cost No Cost ROADS 232 255 158 163 18 10 140 (>85%) 153 PORTS 32 38 22 21 6 3 16 16 OTHERS 17 16 2 1 - - 2 1 TOTAL 281 309 182 185 24 13 158 170 *Source: Department of Economic Affairs/NITI  Since January 2006, PPPAC has approved 281 PPP projects in Central sector involving investment of Rs.3.09 lakh crore. Out of these, 182 projects with an investment of Rs.1.85 lakh crore have been awarded (Cost in thousand crores)
  • 6. STATE NO COST OF WHICH ROAD PROJECTS OTHER PROJECTS No Cost (Rs in Crs) No Cost ANDHRA PRADESH 4 14962 3 3148 1 11814 BIHAR 2 2420 2 2420 - - HARYANA 1 383 - - 1 382 KARNATAKA 3 707 3 707 - - MADHYA PRADESH 29 4468 20 3945 9 523 MAHARASHTRA 9 2334 9 2334 - - ODISHA 1 1293 1 1293 - - RAJASTHAN 3 1066 3 1066 - - UTTARPRADESH 3 3285 3 3285 - - TOTAL 55 30917 44 18198 11 12719 *Other projects include 8 food grain silo projects, 2 Transmission projects and 1 Metro Rail project
  • 7. PPP Eco-system in India GoI has a progressive financial support system for PPP projects. Some of the key initiatives include: A. Setting up of India Infrastructure Finance Company Ltd. (IIFCL) as quasi-equity. B. VGF scheme (Viability Gap funding scheme)  The GoI is expected to undertake capacity building interventions to develop organizational and individual capacities for the purpose of identification, procurement and managing of PPPs. The PPP Cell in the Department of Economic Affairs will have professionals who provide technical support to the ministries and other authorities developing PPPs
  • 8. Why is urgent for India to get Infra PPPs right?  India’s infrastructure is a key factor in constraining rapid, competitive economic growth and job creation and thereby imposing huge costs on society  can India become rich before it becomes old? In other words, will India accumulate enough wealth to afford a decent quality of life for its young and its old in the decades ahead?  Over the period 2013-30, India is currently projected to have the world’s largest need for infrastructure investment, and the second largest infrastructure deficit based on its average spending during 1992-2011 *Source: WSJ Article
  • 10. PROJECT STRUCTURING MULTIPLE CHALLENGES PROJECT DEVELOPMENT STAGE PROJECT AWARD AND EXECUTION STAGE PROJECT MANAGEMENT & MONITORING STAGE 1 LAND ACQUISITION LACK OF INFORMATION 3 2 GREEN CLEARANCES4 DISPUTE RESOLUTION 7 FINANCIAL ISSUES5 CAPACITY OF PRIVATE PLAYERS6 MULTIPLE APPROVAL AGENCIES6 LACK OF INSTITUTIONAL CAPACITY6
  • 11. FINANCING ISSUES Bank appraisal of projects has in many cases suffered from lack of adequate diligence, sometimes due to inadequate appraisal skills. This has affected the quality of lending There is a shortfall in equity capital with local sponsors. Delays in execution of projects further leads to equity getting trapped in ongoing projects, thus not being available for newer projects. Balance sheets of most prominent developers in the country are stressed and over leveraged. Underdeveloped debt markets
  • 12. Multiplicity of institutions and overlap in roles Governments at all levels(ULB, State agencies etc) by and large unable to create steady pipeline of projects due to Institutional capacity constraints Multiple agencies involved in Project implementation and overlap in functions cause inordinate delays  Inadequate capacity in authorities, consultants, financiers, developers, statutory audit and vigilance in the PPP context has given rise to misinformation Lack of urban planning, and clear laws, regulations and procedures has resulted in a slowdown of urban infrastructure projects
  • 13. INFRA SLOWDOWN INFRA POWER ROAD June 13 19.1 29.8 21.5 June 14 11 14.4 14.6 Jan 15 10.4 14.7 7.9 Feb 15 10 13.9 7.5 March 15 10.1 14.2 6.7 April 10.6 15.4 5 May 15 8.6 13.6 4.6 June 15 9.2 13.1 3.4 July15 8.3 11.5 6.2 Aug 15 8.2 10.6 6.3 Sep 15 8.7 12.1 4.6 Oct 15 8.3 10.6 7.2 Nov15 8.7 10.4 7.5 Dec 15 8.4 10 7.9 CREDIT GROWTH DATA All fig in %  Road Sector emerged as the only silver lining , Infra continues to be on downward spiral  Credit demand is growing for the road sector as a result of the awarding of new projects and feel  large portion of this decline in credit growth is also being linked to the high number of stalled projects in the infrastructure space and their contribution to the rising non-performing assets (NPAs)  Infra accounts for 50% of the stalled projects and revival is the key Source: RBI Databank
  • 14. Private sector problems  Over-aggressive bidding with inadequate due diligence by bidders has sometimes led to unviable offers  Myopic assessment of risk factors and a failure to build in mitigation measures (Due to mistaken belief that economy was growing at rapid pace at second half of 2000)  The quality of consultancy services in PPPs has not kept pace with the growing need for such services in the country. This is reflected in inconsistent quality of some advisory service  Private sector developers, who were mainly construction experts, found they had no appetite for long-term operations and maintenance (O&M) of infrastructure assets  The DCCO(Date of commencement of commercial operations) based asset classification norm may have resulted in many projects getting classified as NPAs
  • 16. Brazil  Federal laws provide an enabling framework for PPPs, there is no need for state specific legislation  Broad political consensus to maintain favourable frameworks and to be proactive on concession projects  Technical capacity has been the main bottleneck for PPPs, as the government has been working to build institutional knowledge and to ensure that projects are properly structured and launched  Successful execution of projects (Road, Urban mobility &Airports), but problems such as inordinate delays and fewer bidders than anticipated still persist  uncompetitive and opaque bidding process, courts have further confounded the process by issuing contradictory rulings in key areas  The government has been criticised for limiting internal rates of return; however, the private sector is still interested and willing to compete under these terms
  • 17. RUSSIA  Project selection regulations are solid, and transparency and fairness requirements are in place  Broad Political support for PPPs  Country sovereign risk has been stable as public-sector external debt is low  Conducive Investment climate  Institutional actors involved in PPPs are not efficiently co-ordinated, which undermines the impact of their activity  Limited technical capacity  Risk-allocation practices have not been implemented so as to facilitate private participation
  • 18. CHINA  China has approved and implemented a new regulation for PPPs in June 2015  Regulation aims to consolidate and refresh the various existing rules and regulations on concessions  It encourage private sector participation in the financing, construction and operation of infrastructure and utility project  Public sector is allowed to enter into concession contracts with foreign entities, but there might be difficulties for non-PRC concessionaire to acquire the land rights, import equipment and goods and handle taxation  procedures of dealing with various government entities to develop projects is complex in China  State dominance which sometimes impairs the powers of Private players  Uncertainties for private players as government sometimes does not fully respect the agreement
  • 19. SOUTH AFRICA  SA has a strong business infrastructure, a sophisticated financial sector, and comparatively high standards in accounting, regulatory structures and law  Government, plays a lead role in identifying the need for a PPP, developing a business case, designing the project, procuring a private party, ensuring that procedures are complied with, and monitoring performance  Risk allocation is generally assigned to the party best able to bear it  Score card rating system for bidders  Investors claim that the procurement process disproportionately favours government  Biggest challenge is the broader macroeconomic and political volatility including labour unrest and currency volatility
  • 20. ‘PPP’ Resetting in Union Budget 2016-17  proposed Public Utilities Resolution of Disputes Bill  renegotiation of PPP projects  new credit-rating mechanism for private infrastructure projects  Dividends will no longer be taxed in the hands of the recipients (Key issue in operationalization of REIT)  Proposed far more practical structure for Asset Reconstruction Companies IMPLEMENTATION OF KELKAR COMMMITTEE REPORT

Editor's Notes

  1. (PPAC- Public–Private Partnership Appraisal Committee (PPPAC) consisting of the Secretary, Department of Economic Affairs, as Chairman, and Secretaries of the erstwhile Planning Commission, Department of Expenditure, Department of Legal Affairs and the Administrative Department concerned, as Members was constituted for approval of PPP projects. The project proposals were appraised in the erstwhile Planning Commission and approved by the PPPAC. Further, Empowered Institution (EI) 5 and Empowered Committee (EC) were also set up in January 2006 to approve Viability Gap Funding (VGF) to the PPP projects) Financial Support Framework for PPPs in india 2.2.1 Setting up of India Infrastructure Finance Company Ltd. (IIFCL) In 2006 the Government established the IIFCL to provide long-term debt up to 20 per cent of the project costs to infrastructure projects. Upto one-half of the lending by IIFCL can also be in the form of subordinated debt, which often serves as quasi-equity. 2.2.2 Viability Gap Funding (VGF) The VGF Scheme was notified in 2006 to enhance the financial viability of competitively bid infrastructure projects. Under the Scheme, grant assistance upto 20 per cent of project cost is provided by the Central Government to PPP projects undertaken by the Central Ministry, State Government, statutory entity or local body, thus leveraging budgetary resources to access a large pool of private capital. The sponsoring Ministry, State Government or the project authority, if it so decides, can provide additional grant up to 20 per cent of the project cost from its own budget. 2.3 Model Bid Documents, Guidelines and Manuals for PPPs Standardised guidelines and model documents that incorporate key principles and best practices relating to bidding and award of PPP projects have been developed. These include: (a) Model Concession Agreements (MCAs) in various sectors that are based on international best practices and spell out the policy and regulatory framework that is necessary for addressing the complexities of PPPs and for balancing the interests of users and investors; (b) Model Bidding Documents pertaining to pre-qualification and selection of bidders and for selection of technical, financial and legal consultants for PPP projects; (c) Guidelines for formulation, appraisal and approval, financial support, and monitoring of PPP projects; and (d) Manual of Specifications and Standards for 2-lane and 4-lane highway projects.
  2. Further, the Empowered Institution (EI) has approved 183 project proposals of States seeking VGF from Central Government and involve investment of Rs.. 95,127 crore. Of these, 55 projects with an investment of Rs.30,917 crore have been awarded so far. Besides the above, 43 projects in electricity generation sector totalling about 45,000 MW have been awarded to private power producers since 2005 on Design, Build, Finance, Own & Operate (DBFOO) and Design, Build, 7 Finance, Operate & Transfer (DBFOT) models. However, they are not captured in the PPPAC and EI database as these are undertaken by state companies and do not involve VGF