Infrastructure Engineering Notes
Infrastructure Engineering Notes
Infrastructure Engineering Notes
for
Infrastructure Engineering
Osmania University
UNIT-I
1.1 Introduction
It can also be defined as the basic physical and organizational structures and facilities
(e.g. buildings, roads, power supplies) needed for the operation of a society or enterprise.
Rather than describing infrastructure through a single definition, it might be more helpful
to describe infrastructure through a set of characteristics that are attributed to it. Some
of these characteristics that are popularly associated with infrastructure are:
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For the purpose of this course, we will narrow down our perception of infrastructure and
restrict it to PHYSICAL INFRASTRUCTURE of the following types
Transportation Infrastructure
Energy Infrastructure
e.g.: Dams, power plants, power distribution and transmission facilities, pipelines
Telecommunication Infrastructure
Housing, Facilities and Recreation
In the following figure a graph is presented that clarifies the role of infrastructure
in economic development (Source: Queiroz et al, 1992 – World Bank Working
Paper).
This figure shows a plot of the length of paved roads that a country has versus its
GNP
98 countries were surveyed to plot this graph
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A clear correlation emerged between the Length of paved roads (LPR) and the
per-capita GNP (PGNP) according to the following equation
o PGNP = 1.39 (LPR)
This indicates that the more physical infrastructure a country has (in this example
we consider only transportation infrastructure, but this relationship holds true for
other types of infrastructure as well), the greater the economic stability and vice
versa.
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o Quality of road infrastructure is often bad, leading to long travel times and
increased vehicle maintenance costs. Width of roads is also often a
constraining factor leading to traffic jams and blocks.
Several of these problems currently hold true for many areas in India as well.
This is therefore a golden opportunity for engineers with technical as well as
managerial and policy level knowledge of these issues, since there is a huge
demand for such people to enter the workforce and solve the worlds infrastructure
inadequacies.
This particular question and ways in which to solve it will the focus of this entire course.
It is therefore impossible to answer this question right away. Before we conclude this
session, we list out a few of the causes for the failure to provide adequate infrastructure
Lack of funds
Lack of implementation and management capabilities
Corruption, bureaucracy and unfair competition
Land acquisition issues involving dealing with displaced people and special interest
groups etc.
India’s urban population will grow from 26% to 36% of total population by 2011. By
2025, 50% of India’s population will live in cities, half of them in slums
This will place great stress on existing infrastructure for water, power, urban transport,
and sanitation etc. – more infrastructure has to be built and existing infrastructure has to
be upgraded. Increase in the sales of vehicles due to this trend is shown below
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As the charts below taken from the India Infrastructure Report indicate, water availability
in urban settings has been decreasing over the years
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Quality of Service
The chart on the previous page is also taken from the India Infrastructure Report and
depicts the urban water scenario in Bangalore
As the chart indicates, in addition to quantity, quality of service has also decreased over
the last decade. Per capita availability of water has become lesser, leakages have
increased etc.
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Funding for urban areas comes from the center or the state
Due to lack of on-the-ground knowledge on the part of these agencies, the wrong
groups or wrong projects often get funded
Conflicting programs at the state and central level do not align, leading to
misdirected flow of funds
Bureaucracy at these levels stymies progress
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The 74th Constitutional Amendment Act, seeks devolution of powers to local bodies.
ULBs will be in charge of the functions depicted in the box in the next figure, which has
been taken from the India Infrastructure Report
The 74th Amendment gives more power, responsibilities, and the ability to raise funds,
to control revenues and to deliver projects, to municipalities
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Main sources of finance for municipalities are taxes (Land + Building taxes)
Another source of finances are fund Transfers from States and the Center
The diagram on the next page from the India Infrastructure Report, shows various ways
in which central and state governments can fund ULBs. Funding from the Center can be
direct to the ULB, or can come through the state governments
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Despite the existence of the various financing arrangements described earlier, the
previous images show that municipal finances are on average in poor shape
Most municipalities rely heavily on grants to fund their operations and raise only a
small percentage of their expenses
They are therefore unable to spend adequately on infrastructure and services
As the graph shows, a large portion of their expenditure is towards paying salaries
Unless municipal governments have greater control over raising money and
deploying it, it will be difficult to improve the urban infrastructure scenario
The 74th CAA and other policy approaches are a step in this direction
A Model Municipal Law (MML) has been mooted. Under this law, municipalities should be
granted powers and responsibilities for the following items:
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JNNURM:
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JNNURM Financing:
The Ministry of Urban Development can fund projects in the selected cities under
the JNNURM scheme
As indicated in the previous figure, the amount of funding is dependent on the size
of the project and the city in question
o Tier 1 cities will be funded only up to the tune of 50% and will have to raise
the remaining funds by themselves
o For Tier 2 cities it is 30% and 10% for Tier 3 cities
This funding is contingent on enacting a set of reforms
Cities are therefore incentivized to raise funds themselves and are encouraged to
explore the private public partnership route in this regard
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Optional Reforms that need not be enacted immediately but must be undertaken in the
near future
MoA
CDP between
DPR
(RCA) City, State
and Center
Based on this, a series of detailed project reports for specific projects are created
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Based on these projects an MoA under JNNURM can be signed between the center, the
state and the city for funding contingent on reforms
Many cities are raising money required through issuing bonds (e.g. Ahmedabad)
Others are looking at PPP (e.g. Onyx for Solid Waste Management in Chennai). However
such cases are relatively fewer
Overall – Municipal finances are still in pretty poor shape and the 74th CAA and other
reforms have still not had much effect.
There needs to be independence between the policy makers, the implementers and the
regulators to ensure transparent functioning. Overlaps such as those shown below are
not desirable when structuring urban agencies
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An ideal framework can be the following which is adapted from the India Infrastructure
Report. Fiscal flows are assured, institutions are strengthened, the public is involved, and
services are decentralized
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Several studies (e.g. Songco, Deichman et al and Roller et al) show that
infrastructure is indeed correlated to economic growth in rural areas also.
Studies (e.g. Bery et al) also show that low per capita income correlates with lack
of infrastructure
Therefore infrastructure, which can be a driver of rural growth, is often not
available in rural areas
Findings from a survey in Nigeria indicate the infrastructure in rural areas can
Increase employment and income
Increase efficiency and productivity
o For instance time saved due to improved transportation infrastructure can
be used on other activities
Increase access to resources
Improve health and therefore productivity
o For instance, if water supply is augmented, water-related health diseases
can be reduced
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Increased income as middlemen are cut out and farmers can transport the produce
directly to the market
Change in crop patterns leading to more income. Earlier, perishable crops could
not be grown as the transportation time was large. Now these crops could also be
added
Lots of secondary benefits such as health, national pride, growth in secondary
industries
There is therefore enough evidence to show that rural infrastructure does indeed promote
growth
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Due to this reason also, economies of scale cannot work in rural areas, since
although the fixed costs (costs of installation) can be low sue to lesser
infrastructure that needs to be installed, the variable costs (costs per user) are
also quite low
o To take the telecommunications example again, one would need to install
only a few towers due to small population size, but variable costs are low
users are not many and therefore revenue will not be much
3. Purchasing Power is also low
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Willingness to Pay
The previous two figures indicate that the purchasing power of rural people is also
quite low due to reduced income. In many cases it is as much as 3 times lesser
than in urban areas
However, as the previous table taken from the India Infrastructure Report shows,
this does not imply that the poor are not willing to pay for infrastructure – they
will be able to pay up to their income capacity
Also, there are some rural infrastructure sectors, where scale economies exists,
and others where investment costs are low
We need to look for “Local Solutions” in rural areas and not large “Network Based”
solutions
Septic tanks, Mobile Phones, local power generators etc. will work better in rural
areas give the scale of investment and use
Sanitation and Treatment plants, phone lines and power grids might not work since
the costs might outweigh the demand
Subsidies are needed to achieve break-even for investments in rural areas due to
lack of economies of scale and reduce consumption power
Micro-finance and micro-lending can play a part in generating finances for small
scale projects that will make a difference in rural areas
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Rajiv Gandhi Vidyukranthi Yojana for rural electrification etc. have been
introduced.
o Objectives include giving power to 125,000 villages
o 4000Cr outlay is planned to connect rural roads
Universal Service Obligations (USO) exists in the Telecom sector to raise funds for
rural phone connectivity
o Target for rural Tele-density is 15% or greater. An 8000Cr outlay has been
proposed for this.
NREGS (National Rural Employment Guarantee Scheme) has been floated to
provide at least 100 days of guaranteed employment to improve the economic
conditions of some people in rural areas
PURA scheme has been floated to Provide Urban Amenities in Rural Areas
Rural Infrastructure Development Fund (RIDF) has been setup by NABARD to the
tune of 60,000Cr
Bharat Nirman:
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The previous two figures taken from the India Infrastructure Report and the
approach paper to the 11th 5 year plan, indicate other programs and targets set
by the government to improve rural infrastructure and growth
Overall there is no dearth of policies from the government to improve rural
infrastructure. The key issue is how well these policies are implemented.
Are there other options other than government spending for rural
infrastructure?
Private partnerships
o Evidence from Chile and Argentina suggests that the private sector could
play a role.
o What advantages does privatization provide?
Productive efficiency
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Allocative efficiency
Dynamic efficiency
o Will it work in rural areas?
It is possible, under certain circumstances
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These are the zones where business and trades laws differ from the rest of the
country. Broadly, SEZs are located within a country's national borders.
The aims of the zones include: increased trade, increased investment, job creation
and effective administration.
To encourage businesses to set up in the zone, financially libertarian policies are
introduced. These policies typically regard investing, taxation, trading,
quotas, customs and labour regulations. Additionally, companies may be
offered tax holidays.
The creation of special economic zones by the host country may be motivated by
the desire to attract foreign direct investment (FDI).
The benefits a company gains by being in a Special Economic Zone may mean it
can produce and trade goods at a globally competitive price.
India was one of the first in Asia to recognize the effectiveness of the Export Processing
Zone (EPZ) model in promoting exports, with Asia's first EPZ set up in Kandla in 1965.
With a view to overcome the shortcomings experienced on account of the multiplicity of
controls and clearances; absence of world-class infrastructure, and an unstable fiscal
regime and with a view to attract larger foreign investments in India, the Special
Economic Zones (SEZs) Policy was announced in April 2000.
This policy intended to make SEZs an engine for economic growth supported by quality
infrastructure complemented by an attractive fiscal package, both at the Centre and the
State level, with the minimum possible regulations. SEZs in India functioned from
1.11.2000 to 09.02.2006 under the provisions of the Foreign Trade Policy and fiscal
incentives were made effective through the provisions of relevant statutes.
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comprehensive draft SEZ Bill prepared after extensive discussions with the stakeholders.
A number of meetings were held in various parts of the country both by the Minister for
Commerce and Industry as well as senior officials for this purpose. The Special Economic
Zones Act, 2005, was passed by Parliament in May, 2005 which received Presidential
assent on the 23rd of June, 2005. The draft SEZ Rules were widely discussed and put on
the website of the Department of Commerce offering suggestions/comments. Around 800
suggestions were received on the draft rules. After extensive consultations, the SEZ Act,
2005, supported by SEZ Rules, came into effect on 10th February, 2006, providing for
drastic simplification of procedures and for single window clearance on matters relating
to central as well as state governments.
It is expected that this will trigger a large flow of foreign and domestic investment in
SEZs, in infrastructure and productive capacity, leading to generation of additional
economic activity and creation of employment opportunities.
The SEZ Act 2005 envisages key role for the State Governments in export promotion and
creation of related infrastructure. A single SEZ approval mechanism has been provided
through a 19 member inter-ministerial SEZ Board of Approval (BoA). The applications are
duly recommended by the respective State Governments/UT Administration are
considered by this BoA periodically.
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The SEZ Rules provide different minimum land requirement for different class of SEZs.
Every SEZ is divided into a processing area where alone the SEZ units would come up
and the non-processing area where the supporting infrastructure is to be created.
Approval Mechanism:
The developer submits the proposal for establishment of SEZ to the concerned State
Government. The State Government has to forward the proposal with its recommendation
within 45 days from the date of receipt of such proposal to the Board of Approval. The
applicant also has the option to submit the proposal directly to the Board of Approval.
The functioning of the SEZs is governed by a three tier administrative set up. The Board
of Approval is the apex body and is headed by the Secretary, Department of Commerce.
The Approval Committee at the Zone level deals with approval of units in the SEZs and
other related issues. Each zone is headed by a Development Commissioner, who is ex-
officio chairperson of the Approval committee.
Once an SEZ has been approved by the Board of Approval and Central Government has
notified the area of the SEZ, units are allowed to be set up in the SEZ. All the proposals
for setting up of units in the SEZ are approved at the Zone level by the Approval
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The incentives and facilities offered to the units in SEZs for attracting investments into
the SEZs, including foreign investment include:
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There were about 143 SEZs (as of June 2012) operating throughout India, by June 2013
this had risen to 173. 634 SEZs have been approved for implementation by the
Government of India (as of June 2012).
Export Performances:
Exports from the operational SEZs during the last nine years are as under:
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Infrastructure Projects are often more complex than conventional civil engineering
projects such as residential and commercial structures and as a result involve a
multitude of players
The figure below describes the various players and the relationships between them
Government Agencies:
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Government and Line Agencies) or at the Urban level (e.g. Water and Sewerage
Boards, municipalities).
Government agencies sign various agreements with other organizations for the
procurement of infrastructure such as
o Engineer-Procure-Construct Contracts with construction firms
o Concession Agreements, Power Purchase Agreements, Annuity
o Agreements with private sponsors
o Loan and Equity agreements with financiers
EPC firms are typically engineering and construction firms that help design and/or
construct the infrastructure facility
They may be contracted by the government agency, or by private parties in charge
of providing the infrastructure
Typically they take on completion, construction delay and construction cost-
overrun risks
Leading construction firms such as Larsen & Toubro, HCC etc. perform EPC
contracts in India
Financiers:
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Grants for infrastructure projects are often provided through programs such as the
Jawaharlal Nehru National Urban renewal mission
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Regulators:
Indian Players:
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Operation
Construction
Contracting and
Procuring
Detailed
Services
Studies and
Preliminary
Project
Feasibility
Structuring
time
Description of Stages:
The preliminary feasibility stage of the project establishes the need for the project.
Existing information as well as field visits are conducted to substantiate the need
for a project. This phase also determines the kinds of detailed studies that need
to be undertaken
The Detailed Studies and Project Structuring stage is often the most time-
consuming.
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The figure below indicates some of the “fuzzy” aspects of infrastructure planning.
These will be revisited in more detail in a later class.
1. Upon identifying a need and performing economic analysis, the sponsoring agency
might feel the need to build a coalition and seek external expertise to successfully
complete a project. A process of coalition building might then be put into place
2. Government and Political buy-in must be secured at all levels, and the project can
be modified in order to ensure this
3. “Emerging Fears” from residents of the local communities, including environmental
and social groups can then be confronted and alleviated both by transparent
consultations and further modifications to the project
4. Project Financing can be obtained and the project can proceed to completion
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As the above figure indicates, the power sector is normally divided into three sub-systems
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Thermal power, which is often produced through centralized thermal power plants
using coal as a fuel
Hydropower that is often produced by trapping river flows via the construction of
dams and hydroelectric power stations
Nuclear Power
Renewable sources of power such as Wind Energy, Solar Energy, and Tidal Power
etc.
Renewable sources of energy are the most environment-friendly, while thermal energy
often causes the greatest amount of pollution
Pre-Independence: In this era, 65% of power generation was done by the private
sector
1947-1975: After independence, the involvement of the public sector increased,
and SEBs (State Electricity Boards) were set up in each state as Public Sector
Entities tonnage and distribute power within states
1975-1991: During this era, the trend of moving away from the private sector
towards the public sector continued in the power industry. This phase was
characterized by greater involvement from the Central government. Centralized
organizations such as the National Thermal Power Corporation (NTPC). The
National Hydro Power Corporation (NHPC), the National Power Trading
Corporation(NPTC) etc. were set up at the central level
Post 1991: After the liberalization of the Indian Economy, there has once again
been greater involvement of the private sector in the power industry, and a rapid
growth of this industry as well
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2.1 13.3
15.2
0.4 60.5
8.7
Renewable Energy Sources (RES) include SHP, BG, BP, U&I and Wind Energy SHP= Small
Hydro Project, BG= Biomass Gasifier, BP= Biomass Power, U & I=Urban & Industrial
Waste Power, RES=Renewable Energy Sources
Power supply position in the country has generally improved during the current
year (2014-15)
During the current year (April, 2014 to November, 2014), the energy shortage has
reduced to 4% from 4.5% during the corresponding period of the previous year.
The peak shortage in the country increased to 4.7% in the current year compared
to 4.2% during the corresponding period of the previous year.
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Emphasising the need to generate more electricity from clean energy sources, the
government announced a renewable power production target of 1, 75,000 MW in
the next seven years.
Solar power is to have the lion's share of the renewable energy target at 1,
00,000MW, followed by 60,000MW of wind energy, 10,000MW biomass and
5,000MW of small hydro projects of up to 25MW each. Solar power generation
capacity right now stands at 3,000MW, accounting for 6.5% of the electricity mix.
Costs of power generation are typically higher than the costs at which power is
sold
This is partially due to subsidies – for instance, farmers get power at virtually no
cost
Although industry is expected to cross-subsidize the farmers, the costs to industry
are so high that many firms prefer to set up their own captive plans that generate
power. As a result, SEBs are deprived of potential revenues
This in turn has led to several SEBs making losses
As a result, they have insufficient funds to invest in capital renewal, upgradation
and maintenance, leading to a negative cycle of poor performance, large losses
and in turn, a greater loss of revenue
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The Electricity Act of 2003 is one of the key policy acts in the Power Sector
This act encourages private sector involvement in Generation, Transmission and
Distribution
o Open Access Provisions are provided in the Act wherein private generators
can sell directly to consumers
Privatization and Corporatization of SEB’s is encouraged
o State Governments pay off or write-off the debts of the SEB’s
Competition is promoted in Generation and Distribution
Unbundling of Generation, Transmission and Distribution is proposed in order to
increase the number of players in this sector and thereby promote efficiency,
consumer choice and satisfaction
Cross subsidies will be reduced and State governments will pay SEBs the subsidies
they mandate. SEBs can also set appropriate tariffs so that they are financially
viable
Multi-year Regulation through CERC (Central Electricity Regulatory Commission)
and SERC (State Electricity Regulatory Commission) have been established to
monitor activity in this sector
Although these reforms have been well intended, the current taxation structure
and government bureaucracy have not allowed these reforms to have their
intended effect
APDRP – Accelerated Power Development and Reform Program. Some highlights
are
o States unbundle Generation, Transmission and Distribution, and take over
SEB debts
o States agree to an audit, use of IT and Metering
o Investment is provided to upgrade infrastructure
Preference is given to programs aimed at removing commercial
losses
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Power plants of capacity >= 4000 MW are considered as UMPPs. The government
has come up with a separate policy for these plants in order to encourage power
generation in the country.
Power Finance Corporation (PFC) will do the groundwork, create a Special Purpose
Vehicle (SPV), acquire land, permits etc. This SPV will then be sold to private
vendors who will build and operate the power plant, and supply power.
5 plants of 4000 MW have been proposed initially at an outlay of INR 3,20,000 Cr
for the Indian government
Four UMPPs namely Sasan in Madhya Pradesh, Mundra in Gujarat, Krishnapatnam
in Andhra Pradesh and TIlaiya in Jharkhand have already been awarded to the
successful bidders and are at different stages of development. A brief details of
these projects are as below:
Levellised
Sl. Date of Successful
Name of UMPP Type tariff(in ₹ per
No Transfer developer
kWh)
1 Mundra, Gujarat Coastal 23.04.2007 2.264 Tata Power Ltd.
Sasan, Madhya Reliance Power
2 Pithead 07.08.2007 1.196
Pradesh Ltd.
Krishnapatnam, Reliance Power
3 Coastal 29.01.2008 2.333
Andhra Pradesh Ltd.
Reliance Power
4 Tilaiya, Jharkhand Pithead 07.08.2007 1.77
Ltd.
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Water Harvesting
o NWP (National Water Policy) in 1987 has laid down groundwater recharge
guidelines
o NWP 2002 has laid down guidelines on rainwater harvesting, watershed
management etc. These policies should help augment our water storage
Water Supply
o 11th 5 year plan discusses improving distribution and efficiency of water.
The plan indicates that an initially outlay of INR 80,000 Cr is required and
that all rivers are to be “bathing class”
o RGNWDM (Rajiv Gandhi National Water Development Mission) and the
ARWSP (Accelerated Rural Water Supply Program) are two centrally funded
schemes set up to improve the efficiency of water supply. As per the
ARWSP, the State provides matching grant funds for rural infrastructure
upgradation. In addition, capacity building and community participation is
also given importance. Reduction in subsidies, shifting of government role
from direct service delivery to planning, policy formulation, partial financing
etc., ensuring community participation and management, and school
sanitation are other thrust areas of this program
10th 5 year plan and Urban Reforms Incentive Fund (URIF)
o The URIF encourages urban bodies to reform, increase operational
efficiency and reduce subsidies. The plan mandates providing water access
to the urban poor, setting tariffs to discourage overuse, introducing water
efficient flushes etc., providing drinking water to all, increasing community
participation and NGO participation and so on. In return, funding and
financial incentives are given to urban bodies
AUWSP (Accelerated Urban Water Supply Program)
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India is having the 2nd largest road networks in the world with over 4.24
million km
Roads carry 61% of freight and 85% of passenger traffic
We have spent Rs 18,000 Cr annually on roads
Flagship projects
o Golden Quadrilateral (GQ) - National Highways Development Program
(NHDP) Phase 1
o North South East West Corridor (NSEW) - NHDP Phase 2
Both these projects are behind schedule due to Finance and Implementation
Issues
Both projects are nearing completion
Key players
Key Programs
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The NHDP – the largest highway project ever undertaken by the country, which is being
implemented by the NHAI, consists of the following components:
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NHAI given more independence to select and implement projects in order to aid
speedy development of infrastructure
100% Foreign Direct Investment permitted
100% income tax exemption for a period of 10 years
Automatic tolling proposed to reduce operational costs on toll-roads
Planning for Expressways undertaken in 11th plan
NHDP Phase I and II were publicly financed through fuel cess and federal grants
NHDP Phase III to VII will be undertaken in PPP mode. Toll collections will be used
to finance the project
Viability Gap Funding (VGF)
o If the project is not commercially viable through collection of tools and other
revenue generation mechanisms, VGF funding will be provided as a grant
to bridge the gap between revenue generated and outlay
o Total value of VGF can be 40% of the total project cost
o Contracts will be awarded to the firm/consortium that requires the least
amount of viability gap funding
Negative Grants
o This is the opposite of VGF
o If a project is expected to be very profitable, the firm/consortium that is
planning to bid for the project might offer a portion of the profits to the
government, thereby providing revenue to the government. This is the
negative grant
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A large part of Rural India (40%) are not yet connected by roads
Several Plans afoot to do so
o 1000 habitations to be connected to all weather roads in 11th 5 year plan
o 1.72 lakh unconnected habitations will be connected in the 11th plan
o Pradhan Mantri Gram Sadhak Yojana (PMGSY) has been set as a centre-
funded scheme to provide funds for rural roads
o Rural Infrastructure Development Fund (RIDF) has also been set up to
provide funds for rural road development
The Airports Authority of India (AAI) plans to revive and operationalize around 50
airports in India over the next 10 years to improve regional and remote air
connectivity.
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Huge Growth of 24% in this sector and lots of delays and bottlenecks in air travel
due to inadequate infrastructure
Airports authority of India is the key governmental agency in charge of developing
this sector
Bangalore airport faced some problems initially
o Airport PPP policies had not been evolved and AAI policies indicated that
private ownership was not possible in this sector
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o These policies have since been modified and the route has been cleared for
private investment in this sector
In terms of PPP
o Major portion of the revenue accrues from leasing airport space to retail
outlets as compared to revenues from airlines
o Landside and airside operations can be privatized, but air traffic control
cannot be privatized
A new regulator is being mooted for this sector to oversee the interactions between
AAI, the private airport operator and the airlines
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Plans are afoot to improve Road and Rail connectivity to ports thereby reducing
transportation costs on goods and making the port sector more attractive
Plans are being made to Corporatize Ports to increase operational efficiency
o Will lead to independence from a Central Authority like Port Trust of India
o Finds favour with port operators
1.24.11 Railways
Until very recently this sector made huge losses, suffered from gross inefficiencies
and was not the preferred mode of choice for freight or passengers
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interest in the rail sector. This is also in line with Government’s 12th FYP, wherein,
it intends to raise investments worth USD14.8 billion through PPP route.
Areas proposed for private investment during this period would include elevated
rail corridor in Mumbai, some parts of dedicated freight corridor, freight terminals,
redevelopment of stations and power generation/energy saving projects.
Under the PPP route, approval has been granted for seven ports amounting to
USD0.7 billion.
Development of the major stations to equip them with international level of
amenities and services is also being implemented through PPP.
In addition, the MoR proposed to set up five wagon factories under the JV/PPP
model. For FY14, the Rail budget proposes to mobilize USD1.1 billion through the
PPP route.
Plans are being formulated to bring in world class trains, and stations are to be
built to standards that will compete with air-travel
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Prior to 1980s
o State owned players and infrastructure dominated this sector. In many
cases the equipment used was outdated and the reach of
telecommunications services was poor. Tele-density – the number of
telephone connections per 1000 people was very low as was connectivity in
rural areas.
1980s
o Private sector was allowed to enter this sector. However, in the initial stages
they were only allowed to manufacture equipment
1990s
o After the liberalization of the Indian economy, the Private sector was also
allowed to provide services. This led to a sharp decrease in prices,
improvement in service quality and increased access to telephony services
This policy paved the way for the entry of the private sector and opened up both
the Cellular market and the landline market for competition
Another defining feature of this plan was the concept of a Universal Service
Obligation (USO) designed at providing infrastructure and telephony services to
rural areas
However this policy had some problems
o An Auction system was used to select players and to allocate spectrum.
However, the fixed license fees bid by the bidders were too high and
uneconomic, leading to requests for renegotiations
o Competition was also inadequate
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The main highlights of this policy announced by the Government in 2012 are;
TRAI was set up in 1997 as a Regulator. Due to a large number of private players
entering this industry, an independent regulator was necessary to ensure that
consumers were treated fairly
Initially TRAI was set up with few powers but was subsequently given more power
to
o Manage spectrum licenses
o Regulate prices
Most experts feel that TRAI can be given more independence
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o For instance, the regulator can be given a decision making role on issues
such as the convergence of technologies, allocation of spectrum etc.
Launched by the GoI in August 2014, Digital India focuses to transform India into a digital
empowered society and knowledge economy. The program involves various projects
worth around Rs. 1 lakh crore and is planned to be implemented in phases from 2014 to
2018. Some of the key projects identified are:
Building broadband highways across 25,000 Gram Panchayats with a CAPEX of Rs.
32,000 crores;
Universal access to mobile connectivity involving a CAPEX of Rs. 16,000 crores for
providing coverage to approximately 42,300 uncovered villages;
Developing the National Information Infrastructure by integrating State Wide Area
Networks (SWAN), National Knowledge Network (NKN), and National Optical Fibre
Network (NOFN) at a cost of Rs. 15,686 crores.
BSNL – a public sector player in the local, long distance, cellular, and internet
communications space
MTNL – a public sector player active in Delhi and Mumbai as regards local
telephony, and active across India in the cellular space
VSNL – a public sector player in the Internet and long distance space
Private providers
o Bharti, Reliance, TATA, Vodafone, Aircel etc.
o They provide landline, cellular and internet services
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References:
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12. The Special Economic Zones Act, 2005 Part II – Section I, Ministry of Law and
Justice (Legistlative Department), New Delhi, 2005
13. World Bank. 2014. Running Water in India's Cities : A Review of Five Recent Public
Private Partnership Initiatives. Washington, DC. © World Bank.
https://openknowledge.worldbank.org/handle/10986/18738 License: CC BY 3.0
IGO.
14. http://sezindia.nic.in/ accessed on 31/12/2015
15. 3iNetwork (India). India Infrastructure Report 2011: Water: Policy and
Performance for Sustainable Development. Oxford University Press, 2011.
16. 3iNetwork (India). India infrastructure report, 2007: Rural Infrastructure. Oxford
University Press, 2007.
17. 3iNetwork (India). India Infrastructure Report 2006: Urban Infrastructure. Oxford
University Press, USA, 2006.
62
UNIT-II
Syllabus
The history of privatization dates from ancient times, when governments contracted out
almost everything to the private sector. In more recent times say, 17th, 18th, 19th
centuries, the infrastructure was managed by the private players, for e.g., railroads and
power networks in the U.S. The reason behind this was that the governments did not
have much money, especially pre-industrial revolution. The Suez Canal which was built
in 1969 is a good example for a PPP model.
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In 1854 and 1856, Ferdinand de Lesseps obtained a concession from Sa'id Pasha, the
Khedive of Egypt and Sudan, to create a company to construct a canal open to ships of
all nations.
The company was to operate the canal for 99 years from its opening.
17 November 1869 – The canal is opened, owned and operated by Suez Canal Company.
In the early parts of 20th century, there was a shift in infrastructure provision due
to the communist ideology, wars, depression, changing social sentiments which led to
public sector being in-charge of infrastructure.
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The previous figure indicates that in many countries the responsibility for
infrastructure provision has been cyclic in nature.
Private entrepreneurs have undertaken infrastructure provision, but there has
been a decline in services and the state has then taken over the provision of
infrastructure
This public takeover has once again resulted in inefficiencies that have then called
for the re-takeover of the private sector and so forth
In the PPP mode, the private sector takes some, but not necessarily all, of the risk
and ownership of an infrastructure project
The following figure shows some of the options for PPPs
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How to Privatize
1. First the government needs to decide whether the situation merits privatization
i) Are there public sector ills and private sector benefits that can be identified?
2. Second the government should determine the kind of PPP arrangement to be used
i) One factor is the potential revenue that can be generated
ii) Social issues and the voice of society can also be considered
3. The government can then ask private players to bid to own and operate a project.
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1. Procure financing
2. Plan, Design, Construct the facility
3. Operate and Maintain the facility
4. Manage the infrastructure throughout the concession period
5. Ensure service to people
Government’s tasks
Planning
o Create and monitor a Masterplan
o Land Acquisition, formation of shell companies
Competition
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o Introduce competition so that tariffs are low and private monopolies do not
come into existence
Prices
o Monitor tariff levels in the interest of the public
Contracts, Legal Frameworks
o Prepare clear terms and specifications regarding capital leases, concessions,
assets
o Provide conflict resolution mechanisms, anticompetitive legislation
Regulation
o Provide an Independent regulator to monitor performance and to facilitate
renegotiation of the contract if any
Social Issues
o Increasing Acceptability for the PPP project through conducting stakeholder
participation events
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The private sector is often motivated by profit. Since they can be replaced, and
thereby lose revenue, if they do not provide good quality service, the private sector
is likely to be motivated to bring about improvements in efficiency and quality of
service
The private sector has to potential to provide fair (reduced) price of services
o Cannot hike prices since they can be replaced and will lose market share
o Prices can be higher than govt. controlled prices
Private sector efficiency can lead to high customer satisfaction and higher volumes
of service, since reaching out to more people can mean greater profitability
Construction can be fast and of high quality
o Fewer bureaucratic hurdles are present
o Innovative techniques are often adopted
Innovation in selecting, designing and developing projects is likely
More resources – external manpower and experience are often brought in
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Privatization Trends
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Raise in Tariffs - Very often, in order for the project to be economically feasible,
the
private sector is forced to raise user charges from preceding levels, leading to
unrest.
Unemployment - The private sector often operates with a reduced but more
efficient
workforce, leading to a loss of jobs.
Unequal Access to the Poor - Since the poor are often not capable of paying for
services, the private sector may not see the value in including them in, say, water
provision, as a result the poor may be un connected and might suffer.
Ideological issues - Citizens often perceive the responsibility of delivering
infrastructure to be with the government and therefore ideologically oppose
privatization of infrastructure.
Due to a lack of indigenous expertise, several foreign firms are often called on to
help build infrastructure in several developing countries. This has led to cultural
problems, suspicions of wealth being drained away to foreign organizations, and
economic problems due to currency fluctuations. These issues have often led to
project failure.
In some cases, political expropriation wherein a government agency reneges on a
contract and expropriates a privately built asset has also led to a loss in confidence
on the part of private investors. This has also partly been due to the lack of a fair
and independent regulator in sectors that are opened up for privatization.
PPP contracts are often spread over 20-30 years and several political, economic
and social shocks arise over this period. Such unforeseen events fundamentally
alter the economics of the project and are very difficult to anticipate. These shocks
have often led to project cancellation or renegotiation.
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PPPs are not a universal panacea. However, if used judiciously, PPPs can lead to
the efficient delivery of infrastructure.
In order to ensure the success of PPPs, issues to consider are
o Economic feasibility of the project
o Social and political acceptability
o Creating flexible and hierarchical contracts
o Addressing Pricing issues
o Introducing Competition
o Establishing a Regulatory and Institutional
Several state governments and agencies have tried to engage the private sector,
particularly for drinking water services with limited success. This could be primarily
attributed to the following reasons:
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Among these reasons, the private sector perceives availability of credible information,
payment (including termination payment) guarantee structures, and the presence of a
business case for the project (robust revenue model, risks on tariff, or otherwise) as the
most important aspects that affect their decisions on participation in PPP projects.
Before putting out the project bid for private participation, it is important for a
procurement entity to prepare updated information that is relevant so as to facilitate a
private operator to take informed decisions on whether to bid for the project or not, and
to formulate its proposal. Insufficient or inaccurate data makes it difficult for a private
operator to make a realistic assumption of capital, O&M costs, and revenues for a project.
Payments to Operator:
One of the primary risks, which the private sector perceives today relates to the security
of project returns, in turn linked to tariff increases and adequate connection charges.
Payments to the operator would need to be ensured as most ULBs do not have adequate
resources to meet this expenditure. Therefore, a suitable payment guarantee mechanism
needs to be created to increase the comfort level of the developer and the lenders. For
instance, structures could include escrow of water charges, devolutions from the state
government, property tax, and other revenues collected by the ULB, a letter of credit
based structure, and so on.
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Experience shows that if the viability of a project solely depends upon future increases in
water tariff, the private sector has expressed reservations to undertake such a project as
tariff related decisions are prone to political and local exigencies.
Capital Risk:
With a growth in population, extension of the municipal area over a period of time, and
the addition of different categories of consumers, there will be need for lumpy
investments during the contract period. There should be a mechanism for addressing this
kind of investment. This may be done either by sharing the investment between the ULB
and the private operator or making a provision for the private operator investing on its
own and recovering this through a suitable contractual mechanism.
Revenue Risk:
Typically, the operator likes to know whether the ULB will provide a payment
guarantee with a minimum amount for new work (for example, extension of the
service coverage area and the resultant increase in revenue thereof) in a pre-
estimated timely manner as well as any financial support for undertaking such
additional work (capital investments) during the contract period.
Usually, obligations are cast upon the operator to pay penalties for non-compliance
of environmental regulations in the event of deterioration in the quality of treated
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O&M Risk:
Risk of power charges increase in the future should be adequately addressed either by
means of passing through or carrying out periodic energy audits so as to reduce the
consumption of power.
Unless provided in specific terms under the municipal law, it is the commissioner or chief
municipal officer who has the power to cut-off the water connection of a defaulting
consumer. The same is the case for reconnecting the water supply. Therefore, even under
PPP arrangements, the ULB official has to specifically authorize disconnection and re-
connection and only then will the private operator will be in a position to take appropriate
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M. A. Azeem Public & Private Sector Role in Infrastructure Development
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action in this regard. Suitable covenants are required to be incorporated in the PPP
contract in this regard.
Typically, tenders floated by ULBs for PPP arrangements do not allow bidders the option
of marking up or otherwise submitting comments on the draft contract, except during
pre-bid meetings. Often some suggested changes to the draft contract desiring transfer
of certain risks to the authority are not accepted. Negotiations with a successful bidder
prior to the execution of the PPP agreement are also not envisaged. In international PPP
projects it is common for the tender process to allow for negotiations on key contract
conditions. This allows the bidders to suggest alternative risk allocation, which could
result in a more competitive bid price. It may also allow for practical issues in the
agreement to be refined throughout the process. The complexity of a PPP project usually
demands a more bilateral approach.
Performance Security:
Other Issues:
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to a private operator in a timely manner and for the agreed period so that they are able
to retain the knowledge acquired during the contract period and impart training to other
ULB employees so as to achieve longer term benefits.
The capacity addition target for Eleventh Five Year Plan (April 2007 - March 2012)
was set as 78,700 MW, which was later revised to 62,374 MW during mid-term
review. But, only 54,964 MW was added during this period.
India experienced energy and peak shortage of around 7.5 percent and 10.3
percent respectively during the Financial Year (FY) 2010-11. Prolonged power cut
in different states across the country is a routine phenomenon, which severely
affects industrial productivity. Hence, energy deficiency is a key hindrance to
sustained economic growth.
At the end of 2010-11, 79% of the generating stations were owned by central and
state utilities. By the end of 12th Plan, the demand for grid power is estimated to
grow at 6% per annum.
To achieve the ambitious capacity addition target of around 1,00,000 MW,
significant private investments are required considering limited public financing
capabilities.
Central and state governments have initiated series of measures to encourage
private investments in generation, transmission and distribution. 100 percent
Foreign Direct Investment (FDI) is allowed under the automatic route in
generation, transmission, distribution and power trading except nuclear
generation.
In the last five years, different IPPs (Independent Power Producers) expressed
their interest for investments in generation sectors, especially in thermal and some
areas of non-conventional resources. Hence, private share in generation has
increased over time.
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In FY 2010-11, FDI was around US$ 1.5 billion in power sector including non-
conventional generations. However, hydel generation and distribution are the
areas of reluctance for private investors considering the poor assurance of return.
Different power projects initiated by IPPs and public utilities encounter several
challenges. Especially, the new entrants having no prior experience in this sectors,
face several difficulties like land acquisition, environmental clearance, fuel supply,
financial closure, power equipment supply, project execution, human resources
constraint, etc.
Land acquisition appears to be an increasingly significant challenge for power
projects in India. Delays in acquiring land and obtaining environmental and other
requisite clearances cause significant delay in different projects. The new Land
Acquisition, Rehabilitation and Resettlement Bill proposes that project developers
need to acquire a minimum of 70 percent of the required land. The respective
state government may acquire maximum 30 percent area at their discretion.
Otherwise, developers need to acquire the entire land for that project. However,
the bill continues to face political opposition. It is also reported that even after
acquiring the land in the name of public interest with an assurance of
direct/indirect employment for the affected people, the project has not been
completed after several years due to other delays and hence, credibility of industry
and government is eroded. Therefore, it is imperative to meet the project affected
persons’ expectations in terms of rehabilitation and resettlement. Several
proposals for power project are halted due to supply constraint of fuels. Supply of
domestic coal continues to be limited due to lack of development of new mines
In FY 2011-12, planned target of domestic coal production was 554 million metric
tons (MMT), whereas only 539 MMT were achieved. This is due to the slow
development of captive coal mines, which were allocated to many developers. Out
of 195 coal blocks having storage of 44,230 MMT, allocated to different developers,
a majority are not yet operational due to land acquisition, permit delays,
infrastructure problem and also lack of diligent effort from the developers.
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In spite of all these concessions, private sector exposure has been below the
expected levels. This is primarily due to reasons like reluctance of the private
sector to participate in long-term projects, land acquisition problems and difficulty
in toll collection in the operating phase in certain stretches.
Although the Indian transportation infrastructure is one of the largest in the world,
it is far from being the best. The population of the country is almost four times
that of the U.S. and has one of the highest growth rates in the world. The existing
transportation system is not adequate to sustain the current rates of economic and
industrial development in the country. Demand has constantly outstripped the
supply of transportation over the last fifty years. Compared to the U.S., the amount
of freight traffic carried by highways in India is quite meager. This is partially due
to poor surface quality of the roads. The Indian automobile industry today
manufactures a large variety of multi-axle vehicles with turbo charged engines,
but most of these are currently exported. The Indian industry needs large
freighters to transport goods. The automobile industry has necessary facilities to
manufacture them in sufficient quantities. The inadequate road infrastructure
hence acts as an economic bottleneck impeding growth of both these industries.
References
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82
UNIT-III
Mapping and Facing the Landscape of risks in Infrastructure projects, Core Economic and Demand
Risks, Political Risks, Socio-environmental risks, Cultural risks in International Infrastructure
Projects, Legal and Contractual Issues in Infrastructure, Challenges in Construction and
Maintenance of Infrastructure – Case studies preferable.
Risk management is increasingly a critical success factor for major infrastructure projects.
Risk management is often governed by the principle that it should be borne by the party
most capable of controlling it. The sources of funding of Infrastructure projects may by
public/private or both. Risk is something that is understood to have a range of possible
outcomes and known probabilities can be attached to the outcome. Risk is different from
uncertainty. In case of uncertainty there exists more than one possible outcomes but the
probability for a particular outcome to occur is not known. A risk left unidentified is difficult
to mitigate in later stages of the projects so the concept of risk management starts with
identifying the potential risks. Often private stakeholders are very much interested in
clearly defining and mitigating the risk and protecting themselves from those possible
risks and will charge a premium for bearing the risk. The risks associated with a project
will vary with the type of infrastructure sector as each of the sectors has unique operating
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environment and characteristics. So identifying risks and mitigating has some uniqueness
in every project even though lessons learnt from the experiences of other projects help
in identifying them. The following discusses the risk profile of the projects in some of the
key infrastructure sectors.
The various infrastructure sectors have unique operating environment and sectoral
characteristics. These result in different risk profiles of the infrastructure sectors. The
different profiles mean the various risks associated with projects which constitute the risk
profile though remain the same but the severity of the risks will vary from sector to
another. The risk profiles and operating environment of two of the infrastructure sectors,
power and transportation sectors, wherein private sectors have been actively involved
are discussed below.
Power Sector: In power sector, governments have privatized this sector and
discontinued the monopoly of state utilities by inviting private sector in the form of
Independent Power Producers (IPPs) who build generating plants initially on BOO
(Build/Own/Operate) basis and on BOT basis, later on. The IPP then fed the electricity
generated from their plants into state controlled distribution and transmission networks.
Then, an off-taker, usually the state or provincial utility board purchases the electricity
on a wholesale basis from the IPP via a Power Purchase Agreement (PPA). This
mechanism ensures a regular stream of incomes otherwise the IPP will face a fluctuating
demand and will not be able to meet the financial obligations. In spite of such an
arrangement possible loss of income may occur though illegal connection to the
transmission system, especially in developing countries but such an arrangement assign
the demand risk to the government, as private sector is reluctant to assume this risk.
The output from the power project is sold to a public entity unlike other sectors such as
highway where the infrastructural services is consumed by several users. However, the
multiplicity of IPPs in a country also creates the problem of volatility of power prices since
keen completion may lower tariffs. There may also be chances of refusal by the public
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entity to buy the power in spite of entering into power purchase agreement if the power
generated is not meeting the agreed specification.
The power plants are often subjected to technical and environmental risk where careful
consideration is necessary. The construction process of power plant is often complex
resulting in completion risk. Besides the technical complexity, the project sponsor need
to set up adequate transportation facility from the point of production of raw material
such as coal, and gas to power plant to ensure uninterrupted supply for continuous
generation of power in case of fuel/gas fired and thermal power plants. In addition, other
major risk that may be evident in case of power sector is the fluctuation of the production
due to variation in cost and availability of fuel where IPP is committed to a take-or-pay
fuel supply contract. In case of take or pay contractual agreement, one party agrees to
purchase a specific amount of another party's goods or services or to pay the equivalent
cost even if the goods or services are not needed.
Transport sector: Transport industry includes road transport (i.e. highways, tunnels,
and bridges), railed transport (i.e. railway subway, and light rail transit systems), airport
and ports. Even within the transportation sector, the risk profile varies with the mode of
transportation. For instance, highway construction is relatively less complex then tunnels
and bridge, but they are exposed to risks that come from competing facilities and issues
like toll collection and user pattern need to be taken into account while evaluating the
viability. These may even hold true in case of rail transport if not identical but are quite
different when considered in the case of airports and ports in terms of risk exposure in
these parameters like toll collection.
Risks in Road Transport: In case of road projects, the investment made by the private
investors is recouped using the toll collection from users. As a result, the most critical
risks in road transport are mostly due to fluctuation of actual traffic from the forecasted
traffic volume. In general, the traffic volumes are forecasted with certain level of
subjectivity and takes economic growth, traffic induction, modal split (change of mode
from say bus to monorail), individual values of time, vehicle ownership and the behavior
of people with respect to tolls i.e. their acceptance levels into account. Any deviation of
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the forecasted traffic from the actual traffic or inaccurate forecast due to poor
workmanship may cause deficiency in cash flows which are difficult to cover or cope up
unless a certain level of guarantees are ensured by the host or the government so that
the investments of investors and debt of lenders are secured.
Cost overruns and delays are other major sources of the risk due to the constraints such
as geographical disadvantages while constructing in difficult terrains such as hilly terrains
or may be due to delay in the land acquisition, where especially for a road project it is
both expensive and can be slow. The right of way disputes also hamper the work progress
leading to cost overruns. The foreign exchange risk is one of the risks encountered in
case of tunnel and bridge projects which use sophisticated technology with important
equipment.
Tunnel and bridge: Tunnels can be either land borne or water borne. Water borne tunnel
can be either immersed or submerged tunnels. Land borne tunnel and immersed tunnels
are prone to geological risks as they have to be excavated or drilled through uncertain
rock mass and soil. Safety at work and disturbance to surface traffic are major concerns
especially in municipal areas. Health risks are also encountered if the compressed air has
to be used for stability and ground water control. In case of submerged tunnel, the
stability of the seabed is an issue at stake during operation stage which could lead to
traffic accidents and fire breakouts. This can be a critical risk in case of long tunnels which
demands the need for the prevention of it while undertaking the physical design and
management of the facilities. In case of bridges, hydrological and weather conditions may
impose severe constraints besides the restrictions due to geological conditions. All these
could pose technical and design challenges which ultimately affect the completion of
project on time and within budget.
Railed transport: Railway systems especially electrified mass transits; typically involve
expensive rolling stock and control system. These are normally procured with export and
credit financing which is sensitive to political risks.
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Airports and ports: Business associated with aviation has to keep pace with ever
increasing demand for speed efficiency and new technology. The commercial success of
airports also depends heavily on regional or international trader prosperity. Integration
with other connecting facilities such as domestic airports and highways is important as
delay in the completion of these can affect the projected revenues.
Ports and container terminals need an integrated infrastructure to support its operation.
Operation may be adversely affected by the lack of adequate adjoin land for expansion.
Throughput (an amount of material or items passing through a system or process)
capacity may be affected by the breakdown of cranes forklifts and other equipment labor
disputes and extreme weather condition such as typhoons. Ports are prone to changes in
tariff regulation and quotas, which affect the shipment of goods for exports. Ports and
airports often face political risk as it represents symbols of national pride.
Infrastructure projects are associated with various types of risks. These risks are common
to most of the projects under various infrastructure sectors. In order to facilitate
management of these risks, they are categorized into groups under various classification
schemes. One of the most common classification schemes is to categorize the risks into
project risks, financial, and political risks.
Project risks include various risks such as completion risks, performance risks, operation
& maintenance risks, financing risks, revenue risks, and input supply risks. Completion
risks refer to the risk that project will not be completed on time or within budget. The
failure to complete the project on time could be due to other risks such as delay in land
acquisition risk or due to permit risk.
Permit risk is the risk that necessary permits, approvals, and licenses for construction,
investment and financing, and operating could not be obtained on time. Failure to
complete the project on time could be due to third party risks, the risks that the project's
third parties (i.e. public authority) fail to perform their obligations such as providing
connection and utilities for the project or relocation of utilities.
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Performance risk is the risk that the project fails to perform as expected on completion.
The sources for performance risk could be due to poor design or adoption of inadequate
technology.
O&M risks refer to the risks associated with the need for increased maintenance of
assets or machinery over the term of the project in order to meet performance
requirements leading to cost overruns and reduce the availability of the project.
PPP projects are financed with equity capital from investors and debt from lenders.
Financing risk refers to the risk that sufficient finance will not be available for the project
at reasonable cost either due to changes in market conditions or credit availability
resulting in increase in cost of capital of the projects.
The risk of not being able to raise enough equity by the project promoter results in equity
risk. The other equity investors will not be willing to provide funding for PPP projects if
the project promoter has not proven its financial capability.
If the lenders are not able to fulfill its commitment to any financial transaction on the due
date, then it is known as credit risk.
Revenue risk is the risk the project may not earn sufficient revenue to service its
operating costs and debt and leave adequate return for investors. The main sources of
revenue risk are volume risk and price risk.
Volume risk is the risk that actual demand for the project services is far less than the
projected demand of the project services.
Price risk is the risk that the actual price at which the service is sold is different from
the projected price.
Input supply risk is the risk that supply of raw materials for the project may get
interrupted or the raw material may not be available on an appropriate price basis.
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Financial risks such as inflation risk, interest rate risk, and currency exchange risk are
the risks which are not directly related with the project but related with the environment
in which the project operates.
Inflation will be a risk during the construction period when it leads to higher project
cost than the projected cost leading to cost overrun. Similarly, inflation will be a risk
during the operation period when it leads to higher operating costs than the projected
level.
Interest rate is the risk of fluctuation in the interest rate leading to the need to pay
extra cost while servicing the debt to lenders.
Currency exchange risk exists in project when the currency for project cost is in one
currency and the funding is in another currency or revenues are in one currency and
financing is in another currency. Fluctuation in exchange rate may lead to increase in
project cost if the currency in which cost is incurred appreciates. If the exchange rate
fluctuates leading to depreciation of the currency in which the project collects revenues,
then it will lead to reduction in net revenues available for debt servicing, which is to be
repaid in another currency.
Political risks: Political support is required for PPP projects in order to complete the
construction successfully and to continue its operation successfully. Various actions of the
government could lead to changes in the political support thereby introducing political
risks to PPP projects.
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The government may introduce changes in the law which provides the stable legal and
regulatory environment for the project resulting in change in law risk.
Cultural risks: People are influenced by the perceptions of others around them, making
sense of the world in collaboration with other people in social situations. This reliance on
community as a source of perceptions is worsened when there is not much information
or knowledge about a risk or when there is mistrust in external regulators who have the
responsibility to provide that information. Adding to this, cultural theory has shown that
people form into groups of common objectives and perceptions, assigning particular
meanings to risk events. That is, people rely on patterns of habit and socialized
reinforcement of their values and behaviors in order to make sense of the world. In this
way, risks are perceived and responded to according to principles that are imbedded in
particular forms of social organization. For example, from a cultural perspective,
arguments about a construction project would not be just concerned about choosing a
safer technology, design or production process, but would be linked to fundamental
questions about the social and political meaning of technologies to societies and to their
broader societal implications.
Local communities can affect projects in ways that do not just influence permit
procedures. Native populations, for example, can have formal or informal veto rights over
such projects within their territories; action groups can organize protests that prompt
politicians to withdraw permission, and so on. Community/cultural risk is especially high
if the project involves land expropriations or relocation of local inhabitants.
disruption of other users during construction (roads, etc.). Large scale lenders (like World
Bank, IIFCL etc.) and investors have to look upon these critical issues very strictly as they
are directly involved with the public and it affects their reputation or credit rating.
Mitigation measures: To avoid the social and environmental risks, the project has to
get acceptance by the society. Some of the dimensions of social acceptance are socio-
political acceptance of the technologies and policies by the public, key stakeholders and
policy makers, community acceptance of facilities, and market acceptance of investments
in these facilities by the investors.
It has to be made mandatory for infrastructure projects to carry out the Environmental
Impact Assessment (EIA) and Social Impact Assessment (SIA) and come out with an
action plan for mitigating the measures as per the proper legal framework which has to
be framed by the government and the lending banks and other investors to protect their
credit ratings.
Other suggestions for mitigating the risks are by incorporating environmental and social
safeguard conditions in the construction contracts/O&M contracts, proper agreements
should be signed with the project contractor or developer for Enterprise Project
Management (EPM) or Resettlement Action Plan (RAP) implementing measures,
maintaining legal covenants to ensure responsibilities regarding environmental and social
safeguard issues.
Elemental and Global risks: The risks can also be categorized as elemental and global
risks. The elemental risks are the risks which originate from sources within the project
structure. The elemental risks are considered to be manageable by elements within the
project, such as through proper risk allocation in the concession agreement. Risks such
as completion risk, performance risk, financing risk, revenue risk, and input supply risk
are elemental risks. On the other hand, global risks are those risks which are exerted
externally to the project environment and are generally not controllable by the project
participants. They are also called force majeure risks. They include floods earthquakes
and other natural disaster. When a project is entirely sponsored by private participants
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then the political risk in a global risk and on the other hand if the host government is
involved in the project as a co-sponsor then political risk is an elemental risk.
The risks associated with PPP projects can also be categorized based on the occurrence
of the risk in a particular phase of the project lifecycle. The lifecycle of PPP projects
comprises of development, construction, and operation phase. The development phase
of the project is associated with risks such as delay in land acquisition risk, permit risk,
third parties risk, financing risk, equity risk, and credit risk. Risks such as completion risks,
financial risks, and performance risks are observed in construction phase. Revenue risks
and O&M risks are two major risks associated with the operation phase of the project. In
addition to this, the operation phase may also be exposed to input supply risk and
financial risks. There are other categories which may be associated with any phase of the
PPP project lifecycle. These include risks such as force majeure risks, and change in law
risk.
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Regulatory framework
Demand
Pricing of services
Revenue
Risk
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Mitigation
It is necessary to:
Obtain state commitment to necessary change of law and make government liable
for risks change of change in law.
3.5.2 Demand
Risk
Mitigation
Provide for extension of Concession Period in case Project IRR is not achieved/
state support to tariff as sub-debt.
Risks
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Mitigation
Risk
Risk of inadequate return is high, demand is uncertain, PSP may not free to
determine prices on commercial basis or be required to provide free or cheaper
services to target groups.
Mitigation
Government has to under write a minimum rate of return, through the following
Fiscal incentives
Revenue Shortfall Support by way of loan from Government to meet debt service
and O&M Expenses.
Development Rights
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DESIGN
CONSENTS
CONSTRUCTION COST
CONSTRUCTION TIME
DEFECTS IN CONSTRUCTION
3.6.1 Design
Risk
The Project Design is usually prepared by private sector participant with approval
by the Government or Independent Engineer.
Mitigation
3.6.2 Consents
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o Rehabilitation of PAPs
The allocation of this risk between PSP and State should be clearly defined. State
typically agrees for best effort assistance but should be made responsible for
providing clearances within its control and power and provide facilitation of
others
Mitigation
In Punjab, GOP has agreed to pay for damages in case of delays in providing
unencumbered possession of site with caps and for removal of utilities by the
PSP.
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Relief should be given for cost overruns due to default or delay of public partner
or non-insurable Force Majeure Events –this could be in cash or extension of
Concession Period.
Monitor time more closely for the essential public components and leave it to PSP
for commercial components in which profit sense will motivate PSP
Time extension on payment of liquidated damage for delay. After which State
entitled to terminate.
Commercial incentive for early completion – COD achieved earlier and therefore
longer Operations Period.
Insurances
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PERFORMANCE
COST
SECURITY OF FACILITIES
Performance Security
Insurances
The Operator will be bound to contracted fixed cost and will carry risk of
variation, subject to suitable index linkage to compensate for inflation. indexation
basis must be aligned to factors affecting cost of operations
GENERALLY, the construction and O&M risks are allocated to the PSP unless the
same are due to the public partner. It is desirable to make the contractor and
operator a stakeholder in the Project SPV.
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LIQUIDITY
INTEREST RATE
EXCHANGE RATE
Matching of payment obligations with draw down from lenders and investors
a judicial mix of fixed rate and floating rate instruments may be used.
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Where project revenue accrues entirely in local currency, exchange risk should
be eliminated through swaps and forward cover
Specialized consultants must be used to carry out the EIA and develop the EMP
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Land and right of way acquisition and rehabilitation of displaced persons must be
the obligation of the state sponsor
FORCE MAJEURE
POLITICAL
NON POLITICAL
TERMINATION
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Mitigation
3.11.2 Termination
Force Majeure
Mitigation
Defaulting party liable for termination payments to the extent the same are not
covered by insurance.
The Government invariable bears the political and sovereign risks; non-insurable
political force majeure risks.
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When planning and developing infrastructure projects, the existing legal, regulatory and
social environment of the country must be considered:
The existing laws/ regulations may prohibit or impede the proposed project and
so the project may need to be adapted to fit within them.
References:
2. Changing rules of Indian power sector: Empowering the economy, MP 387 - August
2015 <https://www.pwc.in/assets/pdfs/publications/2015/changing-rules-of-
indian-power-sector-empowering-the-economy.pdf>
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UNIT-IV
Syllabus
Categories, Attributes and Parameters, Identification of Environmental and Social Impacts over
Project Area and over Project Cycle, Special Considerations Involving Land and Water
Interrelationships – Environmental Laws and Regulations, Introduction to B-O-T, BOOT projects
& PPP projects.
4.1 Introduction
EIA is an exercise carried out before any project or major activity is undertaken to ensure
that it will not in any way harm the environment on a short-term or long-term basis. Any
developmental activity requires not only the analysis, the monetary costs and benefits
involved and of the need of such a project but also most important, it requires a
consideration and detailed assessment of the effect of a proposed development on the
environment.
An impact can be defined as ant change in the physical, chemical, biological, cultural or
socio-economic environmental system as a result of activities relating to a project.
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Major impacts of typical Land Clearing Activities (L. C. A) project on the environment are
shown below:
Physical Resources
Hazard of soil erosion loss without proper resurfacing, resulting in impairment of
downstream water use values as noted below.
Hazard of soil fertility loss from physical stresses in clearing and levelling.
Loss of rain water infiltration, which normally occurs under forest conditioned.
Micro-effects on increasing temperature (important for resort areas).
Ecological
Loss of forest resource, which is cleared and of associated wildlife habitat.
Encroachment hazards for nearby forests stemming from agricultural
development.
Hazards from pesticides and other agricultural toxics of forest ecosystems.
In India prior to Jan 1994, EIA was carried out under administrative guidelines which
required the proponents of major irrigation projects, river valley projects, power valley
projects, power stations, ports etc., to secure a clearance from the union ministry of
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environments and forests (MoEF). The procedure required the project authority to submit
environmental information to the MoEF by filling out questionaries’ or checklists. The
environmental appraisal was carried out by the ministries environmental appraisal
committees. These communities held discussions with the project authority. Based on
these deliberations, the project was either approved or rejected. When approved, the
project clearance was generally made conditional to specified safeguards.
a). The EIA procedure identifies the possible positive and negative impacts to the
environment resulting from a proposed project. These impacts are identified over both
‘short term’ and ‘long term’ time frame
b). The EIA provides for a plan, which upon implementation, will reduce or offset the
negative impacts of a project resulting in a minimum level of environmental degradation.
This minimization may be a result of implementation of a project alternative or project
modifications or environmental protection measures, which simply reduces the number
or magnitude of negative impacts. The plan may also result in utilization of positive
impacts for enhancement measures which offset negative impacts;
c). To measure the level of plan implementation and the degree of effectiveness of the
above environmental protection provisions, the EIA provides a monitoring programme.
This programme will be also designed so that it identifies the parameters of uncertainty
and measures the related impacts.
Impact Types
Environment impacts arising from any development projects fall into three categories
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These three groups can be further broken down according to their nature, into
Indirect, or secondary effects are those that may occur remote as they are in distance or
time from the actual proposed project. An example is the construction of a major
employment center, which may have direct effects related to aesthetics in the area, traffic
at nearby intersections, removal of natural vegetation, or interference with natural water
ways. Additional employment opportunities in the location, however, may prompt
additional housing or commercial uses to support employees. Potential impacts of this
housing or additional business activity would then be a secondary, or indirect effect of
the construction of the employment center and should be evaluated to the best extent
possible in the environmental analysis.
Cumulative impacts occur in those situations where individual projects or actions may not
have a significant effect, but when combined with other projects or actions, the individual
project's incremental contribution of adversity may cause an overall adverse cumulative
effect.
Impacts of some typical projects are discussed below for clear understanding.
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Direct Impacts
Direct impacts are caused by the road itself- that is to say, by road building processes
such as land consumption, removal of vegetation, and severance of farmland. For
example, the removal, of gravel material from a borrow pit, for use in surfacing the road,
is an obvious direct impact of road construction. In this case, the land area in which the
pit site is located has been directly affected by activities associated with the road project.
Direct impacts are generally easier to inventory, assess and control than indirect impacts,
since the cause effect relationship are usually obvious.
Indirect Impacts
Indirect impacts (also known as secondary, tertiary , and chain (impacts) are usually
linked closely with the project, and may have more profound consequences on the
environment than direct impacts. Indirect impacts are more difficult to measure, but can
ultimately be more important. Over time they can affect largest geographical areas of the
environment than anticipated. Examples include degradation of surface water quality by
the erosion of land cleared as a result of a new road (as shown in figure below) and urban
growth near a new road. Another common indirect impact associated with new roads is
increased deforestation of an area, stemming from easier (more profitable) transportation
of logs to market, or the influx of settlers. In areas where wild game is plentiful, such as
Africa, new roads often lead to the rapid depletion of animals due to poaching.
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Cumulative Impacts
The process of cumulative environmental change can arise from any of the four following
types of events:
These can generate additive, multiplicative or synergetic effects, which can then result in
damage to the function of one or several ecosystems (such as the impairment of the
water regulation and filtering capacity of a wetland system by construction of a road
across it). or the structure of an ecosystem (such as placement of a new road through a
forest, leading to in-migration or land clearing which results in severe structural loss to
the forest).
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A cumulative impact, in the context of road development, might be the de-vegetation and
eventual erosion of a roadside pull out. Roadside vegetation is damaged by vehicle and
foot traffic, and the soil is left unprotected. Subsequent rainfall causes erosion and
siltation of the land.
Temporal and spatial boundaries for the assessment have been defined;
Measurable variables have been chosen; and
The relationships between the chosen variables have been established
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The cumulative effects of the proposed road project on the local environment can then
be evaluated by
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3. Extent / Location: The spatial extent or zone of impact influence can be predicted
for site specific versus regional occurrences. Depending on thy type of impact, the
variation in magnitude will need to be estimated. For example, alterations to range
or pattern of species or dispersion of air and water pollution plumes. This is much
easier for direct impacts but can be attempted for other types of impacts.
4. Timing: Impacts arising from all the stages of the line cycle of the project should
be considered (i.e., during construction, operation and decommissioning some
impacts will occur immediately while others may be delayed, sometime by many
years. These impact characteristics should be noted in the EIA (Environment
Impact Assessment) report.
5. Duration: Some impacts may be short term such as the noise arising from the
operation of equipment during construction other may be long term such as the in
undulation of land during the building of reservoir certain impacts such as blasting
may be intermittent, whereas others such as electromagnetic field caused by
power lines, may be continuous impact magnitude and duration classification can
be cross referenced for example, major but short term (less than one year) low
but persistent ( more than 20 years).
6. Significance: The evaluation of significance at stage of EIA will depend on the
characteristics of the predicted impact and its potential importance for decision
making. Significance is usually attributed in terms of an existing standard or criteria
of permissible change for example as specified in a standard, policy objective or
plan.
Most EIA guidelines follow the relatively simple methodology in which environmental
resources or values are classified into four general categories, namely
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d) Quality-of-life values including aesthetic and cultural values which are difficult to
assess in conventional terms.
Some of the environmental parameters are crop productivity, air quality, water quality of
aquatic resources, nutrient statues of water, drinking water quality, vegetation, solid
waste facilities, soils and local geology, energy and natural resources etc.
Some of the social parameters are economic and occupational, social pattern or lifestyle,
health, personal security, regional and traditional beliefs etc.
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4. Slope stability: Rock slopes are inherently stable. The environmental effects of
slope instability are similar to those for erosion. The scale of the effects are larger
in this case.
5. Seismicity: Stress, vibration, due to explosions and deep well injection operations
can have an effect on the stress-strain equilibria on fault planes. Renewed or
increased activity can have major environmental effects for the project site.
6. Subsidence and compaction: Subsidence and compaction occur naturally but
generally as a gradual and almost imperceptible process. The process can be
accelerated however, by underground excavation, vibration or loading. The major
effect is on land capability but drainage, groundwater behaviour and landscape
could be affected.
7. Flood plains Swamps: Flood plains and swamps are an important part of the
drainage pattern as they admit peak flows into the drainage system. Reclamation
on natural flood plains or swamps may result in flooding and siltation of other
areas during peak flow. Major engineering of a drainage system may either
decrease the amount of agricultural land available or may destroy wetland habitats
of fish, birds etc.
8. Land use: The existing land use and the compatibility with existing or planned use
of adjacent land are important components of the environment. Careful site
selection is the principal means of controlling them but many mitigating or
abatement measures may also be available.
9. Mineral or engineering resources: The occurrence of mineral or engineering
resources is of strategic and economic importance. Loss of such resources either
through wasteful use or through development incompatible with subsequent
mining or quarrying proposal can result in long-term economic or social impacts
on the community.
10. Buffer Zones: Buffer zones are spaces, which provide natural environmental
protection from drainage by external events. They are usually vegetated,
depending on the purpose and can provide windbreaks, erosion control, sediment
traps, wildlife shelter, sound insulation and visual screening.
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Some projects or actions, by their very nature, have direct and obvious impacts of land
use by physically destroying or clearing land and implementing a new use. Here are some
examples of this kind of direct land-use revision:
a) A highway project with a 300 right-of-way width converts whatever the existing
land use is to a transportation land- use within that right-of-way width.
b) A dam constructed to create a reservoir for water supply and recreational use
directly converts the previous land use to recreational use.
c) A regional park constructed on land previously used as pasture directly changes
the number of acres of the park into a different use.
d) A city block of low-income housing structures is demolished to construct a
shopping mall, directly converting that land to commercial use.
Soil is an important component of the natural environment, and is a primary medium for
many biological and human activities, including agriculture. Its protection in relation to
road development deserves considerable attention.
In the road itself, in borrow pits, or around rivers and streams, there are many places
where damage might occur. Losses can be considerable for the road agency and others.
This includes farmers losing crops and land, fishers losing income because of
sedimentation in rivers and lakes and road users being delayed when road embankments
or structures collapse. The costs of correcting these problems are often many times
greater than the costs of simple preventive measures.
The most immediate and obvious effect of road development on soil is the elimination of
the productive capacity of the soil covered by roads. Unfortunately, the best sites for road
development (flat and stable) also tend to be ideal for agriculture. The narrow, linear
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character of roads makes the impact of lost land seem minimal, but when the width of
the right-of-way is multiplied by its length, the total area of land removed from production
becomes much more significant. Soil productivity can also be reduced significantly as a
result of compaction with heavy machinery during construction.
Erosion
When natural conditions are modified by the construction of a road, it marks the start of
a race between the appearance of erosion and the growth of vegetation. Disturbance
during construction can upset the delicate balance between stabilizing factors, such as
vegetation and others which seek to destabilize, such as running water. In some cases,
erosion might result in cumulative impacts far beyond the road itself, affecting slopes,
streams, rivers and dams at some distance from the initial impact.
Destabilization of Slopes
Slope stability can be upset by the creation of road cuts or embankments. Excessive
steepness of cut slopes, deficiency of drainage, modification of water flows and excessive
slope loading can result in landslides. Some soils such as shale and quick clays are known
for being difficult to drain and particularly unstable.
Spoil materials from road cuttings can kill vegetation and add to erosion and slope stability
problems. Large amounts of spoil can be generated during construction in mountainous
terrain. Sometimes it is difficult to design for balances between cut and fill volumes of
earth at each location, and haulage to disposal sites may be expensive. This creates a
need for environmental management of tipped material.
Diversion of natural surface water flows is often inevitable in road projects. Diversion
results in water flowing where it normally would flow.
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Engineering measures
In many cases, vegetation alone may not be enough to prevent erosive damage to slopes
and various engineering measures may be needed to compliment or replace it (as shown
in figure below). The use of slope retaining techniques may be necessary when
Slopes are unstable because they are too high and steep;
Climate conditions are such that establishment of vegetation is slow or impossible;
There is a risk of internal erosion or localized rupture because of drainage
difficulties; and
It is necessary to decrease the amount of earthwork because the road width is
limited.
Intercepting ditches at the tops and bottoms of slopes. Gutters and spillways are
used to control the flow of water down a slope;
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''Impact trees" or "networks" can be used to delineate potential impacts on the soil and
geological environments.
Regarding the identification of potential soil pollutants, a list of the materials to be utilized
during the project and those materials which will require disposal could be developed.
Examples of materials that may result in soil contamination include fuels and oils,
bituminous products, insecticides, fertilizers, chemicals, and solid and liquid wastes. As
an initial step, a simple checklist of the types and quantities of chemicals associated with
each activity could be prepared and utilized. Transport and effects information on key
chemicals could also be included. It may also be appropriate to consider the quality of
leachates from waste materials disposed on land.
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could lead to changes in soil characteristics such as erosion patterns and soil
chemistry.
13. The potential effects of soil characteristics on buried pipelines, with examples
including the potential loss of the physical integrity of the pipeline as a result of
acid or corroding soils.
The post-independence era, until 1970, did not see much legislative activity in the field
of environmental protection. Two early post-independence laws touched on water
pollution. The Factories Act of 1948 required all factories to make effective arrangements
for waste disposal and empowered State Governments to frame rules implementing this
directive. Under the River Boards Act of 1956, river boards established are empowered
to prevent water pollution of inter-state rivers. To prevent cruelty to animals, the
Prevention of Cruelty of Animals Act was framed in 1960.
Some States took initiative in the field of environmental protection, viz., Orissa River
Pollution Prevention Act, 1953, and, Maharashtra Prevention of Water Pollution Act, 1969.
While the Orissa Act was confined only to rivers, the Maharashtra Act extended to rivers,
watercourses, whether flowing or for the time being dry, inland water both natural and
artificial, and subterranean streams.
Thus, there were scattered provisions for checking pollution of air, water, etc., but there
was no unified effort in developing any policy concerning the pollution emanating from
these areas. This position went up to the seventies. Meanwhile concern arose over, inter-
alia, population increase, greater pollution levels; human impact on animal populations
and natural landscapes and other aspects of resource depletion. It was the Stockholm
Declaration of 1972 which turned the attention of the Indian Government to the boarder
perspective of environmental protection. The government made its stand well known
through five year plans as well as the legislations enacted subsequently to curb and
control environmental pollution.
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After 1970, comprehensive (special) environmental laws were enacted by the Central
Government in India.
The Wildlife (Protection) Act, 1972, aimed at rational and modern wild life management.
The Water (Prevention and Control of Pollution) Act, 1974, provides for the establishment
of pollution control boards at Centre and States to act as watchdogs for prevention and
control of pollution.
The Forest (Conservation) Act, 1980 aimed to check deforestation, diversion of forest
land for non-forestry purposes, and to promote social forestry.
The Air (Prevention and Control of Pollution) Act,1981, aimed at checking air pollution
via pollution control boards.
The Environment (Protection) Act, 1986 is a landmark legislation which provides for single
focus in the country for protection of environment and aims at plugging the loopholes in
existing legislation. It provides mainly for pollution control, with stringent penalties for
violations.
The Public Liability Insurance Act, 1991, provides for mandatory insurance for the
purpose of providing immediate relief to person affected by accidents occurring while
handling any hazardous substance.
The National Environment Tribunals Act, 1995, was formulated in view of the fact that
civil courts litigations take a long time (as happened in Bhopal case). The Act provides
for speedy disposal of environmental related cases through environmental tribunals.
Under the Act, four benches of the tribunal will be set up in Delhi, Calcutta, Madras and
Bombay and 8,000 of the most Hazardous industrial units in the country will be brought
under its security.
The National Environment Appellate Authority Act, 1997, provides for the established of
a National Environment Appellant Authority (NEAA) to hear appeals with respect to
restriction in areas in which any industries, operations or processes shall not be carried
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out or shall be carried out subject to certain safeguards under the Environment
(Protection) Act, 1986.
The Biological Diversity Act, 2002, is a major legislation intervention effected in the name
of the communities supposed to be involved in the protection of biodiversity around them.
The Act intends to facilitate access to genetic materials while protecting the traditional
knowledge associated with them.
Recent Legislative Measures: During the nineties, some steps have been taken by
the Central Ministry of Environment to provide legal and institutional basis for
management and protection of environment by way of rules, notification of standards,
delegation of powers, identification of agencies for hazardous chemicals management
and setting up of Environmental Councils in some states.
A new chapter regulating hazardous industrial processes was introduced into the
Factories Act. In the area of delegated legislation, effluent and emission standards were
specified for 24 industries and general standards for effluent discharge and for noise
pollution have been prescribed under the Environment Act. For the analysis of water and
air samples, about seventy environmental laboratories were established across the
country. Rules for the manufacture and transport of hazardous substances and
microorganisms and for the management of toxic wastes were issued. Coastal Zone
Regulations (CZR) were issued in 1991.
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power, etc. A new dimension was added in 1997, to the Environment Impact process in
India, by an amendment. The State Pollution Control Boards had nothing to do in the
assessment process so far. They were now given a new role to play. Further, in the case
of certain categories of thermal power plants, responsibility of environmental clearance
is now conferred on the State Government.
Further, the Central Government enacted the Prevention and Control of Pollution
(Uniform Consent Procedure) Rules, 1999, requiring all industries listed in Schedule VIII
of the Environment Act, 1986 to obtain consent from the State Board or the Pollution
Control Committee. For the purpose of „consent management‟, the industries are
categorized as “red‟, “orange‟ and “green‟. The Environment (Sitting for Industrial
Projects) Rules, 1999, prohibit setting up of certain industries (including hazardous
industries) in certain areas such as within the municipal limits of all Municipal
Corporations/ Councils and Nagar Panchayats and a 25 km belt around the cities having
population of more than 1 million; the periphery of the wetlands, national parks,
sanctuaries and bio-reserves.
Recently, the Central Government framed the Recycled Plastic Manufacture and Usage
Rules, 1999. The Rules prohibit vendors of foodstuffs from packing their wares in bags
or containers made from recycled plastics. If foodstuffs are to be sold in plastic bags, the
carry bag must be made of virgin plastic.
The Municipal Solid Wastes (Management and Handling) Rules, 2000, apply to every
municipal authority responsible for collection, segregations, storage, transportation,
processing and disposal of municipal solid wastes. While the nodal responsibility to
enforce these rules lies on the municipality, the Secretary-in-charge of the Dept. of Urban
Development of the concerned State, the District Magistrate/Deputy Commissioner shall
have the overall responsibility. The Central/ State Pollution Control Boards have been
made responsibility to monitor the compliance of the standards regarding ground water,
ambient air quality and the compost quality.
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The Battery (Management and Handling) Rules, 2000, provides for specific categories of
wastes such as battery, waste oil, etc. These rules shall apply to every manufacturer,
importer, re-conditioner, assembler, dealer, recycler, re-smelter, auctioneer, consumer
and bulk consumer involved in manufacturer, processing, sale and purchase of batteries.
For the purposes of these rules, they are under the broad control of the State Pollution
Control Boards.
In 2000, the Noise Pollution (Regulation and Control) Rules, framed by the Central
Government under the Environment Protection Act, 1986, came into effect. These Rules
prescribed ambient air quality standards in respect of noise for industrial, commercial and
residential areas as well as designated „silence zones‟. In the same year, the Central
Government enacted the Ozone Depleting Substances (Regulation and Control), rules,
2000 under the Environment Protection Act. The producers, dealers, users engaged in
the manufacture/use of ozone depleting substances such as CFCs, Halon, Carbon
tetrachloride (CCI4), etc., are required to compulsorily register under the Rules.
References:
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Legislations:
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UNIT-V
Syllabus
Risk management framework for Infrastructure Projects, Shaping the planning phase of
Infrastructure Projects, Governments’ role in Infrastructure Implementation, An Integrated
framework for successful Infrastructure Planning and Management – Infrastructure
Management Systems and Future Directions.
Risk is the chance that an event would occur which will lead to change in the project
circumstances that were assumed while forecasting the project costs and benefits and
will have an impact on project objectives. To ensure that these events do not lead to
failure of the projects, there is a need to manage the risks associated with the projects
through adoption of appropriate risk management framework. In order to successfully
manage the risk, it is necessary to know: what event will trigger the risk, the probability
(or likelihood) of occurrence of the risk event, and the consequences of the risk event if
it occurs. The concept of risk management, therefore, deals with identifying the risks
associated with the project, assessing their probability of occurrence and their potential
impact on critical project performance measures, and employing direct and indirect
means for either reducing the exposure of the underlying project activities to these risks
or shifting some of the exposure to other.
The following sections focus on the concept of risk management process and the benefits
of risk management.
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Risk management is an ongoing process which continues through the lifecycle of a PPP
project. The risk management process takes place in the following stages:
Risk identification: The process of identifying all the risks associated with the project,
whether during its development phase, or its construction or operational phase.
Risk assessment: The process of determining the likelihood of the identified risks
materializing and the magnitude of their consequences if they do materialize.
Risk allocation: The process of allocating responsibility for dealing with the consequences
of each risk to one of the project stakeholders, or agreeing to share the risks.
Risk mitigation: The process of attempting to reduce the likelihood of the risk occurring
and the degree to its consequences for the risk-taker
The successful implementation of the various stages of the risk management process
requires putting in place an effective plan for communication and consultation with both
the project's external and internal stakeholders in order to ensure that those responsible
for implementing risk management and those with vested interest understand on what
basis decisions are made and why particular actions are required. This consultative
approach helps to define the context appropriately, to help ensure risks are identified
effectively, bringing different areas of expertise together in analyzing risks, ensuring
different views are appropriately considered in evaluating risks. This approach also instils
a sense of ownership of risk to the managers and the stakeholders.
It is also necessary to define the context within which the risks must be managed so as
to set the scope for the risk management process. The context includes the external
environment in which the organization operates and key areas of internal context such
as organizational culture and structure, internal stakeholders. The external environment
of a project may include the business, social, regulatory, financial, and political
environment. The perceptions and values of the external stakeholders should be taken
into consideration while development the risk management plan. Defining the internal
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After putting in place the risk management process, the process should be monitored and
reviewed on an ongoing basis. This is necessary as the factors that may affect the
likelihood and consequences of a risk event may change. Similarly, the factors that may
affect the suitability or cost of the risk mitigation options may also change. Monitoring
and reviewing on an ongoing basis will provide the necessary inputs to introduce the
necessary changes in the risk management process in a systematic manner.
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negotiated positions of the public sector and private sector on risk allocation and
treatment.
A PPP project gets various benefits on undertaking an effective risk management exercise
in a structured manner. Effective risk management will lead to improvement in financial
management, and governance and operational management. A comprehensive risk
management exercise will help in making informed decision while undertaking scenarios
or option analysis as part of the financial decision making. Identification and assessment
of risks will also help them to plan the mitigation mechanisms well in advance and reduce
the financial costs associated with losses due to service interruption, litigation, and even
poor investment decisions. The risk management also make the stakeholders aware of
each party's tolerance to risk and to what extent they are able to assume them. Allocating
the risks to the parties best able to manage the risks will prevent unreasonably pricing of
the risk premium thereby enabling effective allocation and use of both the public and
private sector resources. Effective management of risk on time will also enhance the
managerial control and the project can rely less on crisis management. Identification of
risks well in advance will provide an opportunity to the PPP project management team to
improve their capacity to manage the risk in the face of the competing obligations and
help in setting high standards of accountability and help in promotion of innovation to
overcome the adverse effects of the risk.
Risk management also play a role in strategic decision making for the project stakeholders
by improving the strategic management through selection of better objectives and
associated targets as a result of risk identification, analysis, evaluation, treatment and
monitoring process. This provides them a clear idea of the realistic objectives and targets
and can help them to prepare to deliver against objectives and associated targets. The
risk management process brings in transparency and makes it very clear for the decision
makers on the risks associated with the project and actions that can be taken to treat
and monitor them.
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Governments need to play a very important role in making PPP projects successful. After
transferring the responsibilities for the financing, designing, construction and operation
to private sectors, the role of the host government is not limited only to supervision and
monitoring but need to play an active role in the preconstruction phase of a project. It is
the responsibilities of the government to initially approve the use of BOT project and then
identifies sectors in which private sector will be involved. The government also decides
the procurement process, manages the procurement proceedings and defines the criteria
of selection. Besides, playing the role of facilitator it is of utmost importance for
governments to develop proactive policy to stimulate private sector participation in
infrastructure projects. Therefore, in order to facilitate private sector participation,
governments need to establish an enabling environment consisting of:
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Setting up of a credible legal and regulatory framework is critical to the success of PPP
projects as it deals with the fundamental legal issues such as enforcement of contracts,
private ownerships, security arrangements, taxes, remittance of foreign exchange and
profits. Inadequate legal & regulatory framework undermines the strength and
effectiveness of contracts in PPP projects, and reduces the attractiveness of the project
to private investors. This section discusses the seven basic elements of legal and
regulatory framework to control the legal issues while implementing a successful BOT
strategy.
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The two critical functions of administrative framework are planning & co-ordination, and
administration, which are discussed in detail below.
Planning and Co-ordination: At the institutional level, most of the governments have
appointed an internal focal point to formulate and coordinate their BOT policy. The
implementing ministry such as ministry of public works or the centralized planning agency
such as Planning Commission could become the focal point of the institutional
arrangement that lead the BOT strategy. The responsibilities of the agency holding the
institutional focal point in BOT policy are as follows:
Formulating government BOT policy and selecting sectors suitable for BOT
projects.
Proposing legislation and setting up administrative regulations to promote and
monitor BOT projects.
Setting up rules to rationalize and coordinate administrative procedures with
ministries, government agencies, and local authorities.
Ensure proper economic and financial analysis of BOT projects.
Initiating drafting of model project agreements and approving any deviations from
such agreements.
Identifying and prioritizing appropriate BOT projects in cooperation with
implementing ministries, government agencies and local authorities.
Deciding the procurement method to be applied to BOT projects and initiating and
approving the drafting of procurement regulations for BOT projects.
Administration: BOT project require approvals, permits and consents from several
ministries, public agencies and local authorities, it is desirable for the host government to
coordinate in advance the policies and responsibilities of those entities. Most of the
countries have adopted single window system as most efficient approach to the
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administration of BOT projects. Under such system, Project Company needs to deal with
only one government office to obtain and renew all necessary approval, permit and
consents for construction and operation of project.
Government provide different types of incentives and various direct and indirect supports
in almost all BOT projects to make the projects attractive to private sector and balance
the risk transferred with the expected return. The extent and type of supports varies
considerably depending among the other things on country and project risks. Government
provides following incentives and supports to private sector.
Tax incentives and concessions: The tax regime of host country greatly influences
the financing of BOT projects. Taxes have the effects of reducing the project cash flow.
Governments normally provide various types of tax concessions to improve the financial
viability of the projects. Tax concessions, though, are not a direct infusion of capital, but
giving incentive in form of the following tax exemption results in availability of additional
operating revenue:
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Land and other logistical facilities: In most of the BOT projects, host government
provide the following supports relating to land and logistical facilities in one or more of
following forms:
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Loans and equity contributions: Direct equity investment from the governments or
by their agencies or local authorities has been adopted in some PPP projects. Such
participation in project equity may have the advantage of assuring government
involvement in the project and providing support for implementation and operation of the
project. It may also help to strengthen the government's monitoring of the projects.
Managers and engineers need clear guidelines for life-cycle management of infrastructure
systems for water, sewer, and storm water services. Managing these systems as business
assets will hold costs down and improve performance. Failure rates will increase as
systems age, and capital needs will increase when water, sewer, and storm water systems
need renewal at the same time. Water supply, wastewater, and storm water are essential
public services that require complex and expensive infrastructure systems. These
infrastructure systems require effective care over their life cycles to produce good service
and high return on assets.
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Without this care, service will suffer and costs will rise; in the worst case, the utility may
suffer regulatory sanctions (problems) and customers may experience health problems,
poor service, and possibly property damage.
Infrastructure is the set of physical systems that provides public services. In water,
sewer, and storm water infrastructure systems, the physical components are pipes,
buildings, pumping plants, treatment plants, and other capital- intensive facilities.
Because the infrastructure value of these facilities is responsible for high annual revenues,
they are said to be “capital-intensive” services.
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Abbreviations
Needs Assessment NA
When infrastructure works well, society has efficient transportation, safe water, reliable
and affordable energy, a clean and attractive environment, and other essential support
systems. When it does not work, people waste hours in traffic, have bad water or no
water, lack electricity, and live in unhealthy conditions. As public works employees know,
if infrastructure works well, people take it for granted. If not, they suffer and complain
quickly
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Infrastructure should be managed on a “life-cycle” basis; not simply built, then replaced
when it wears out. Implementing this approach requires more attention to operations,
maintenance, and renewal activities
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References:
1. Akintoye, A., Beck, M., & Hardcastle, C. (Eds.). (2003). Public-Private Partnerships
- Managing risks and opportunities. Oxford: Blackwell Science Limited.
2. Finnerty, J. D. (1996). Project financing - Asset-based financial engineering. New
York: John Wiley & Sons, Inc.
3. Kreydieh, A. (1996). Risk management in BOT project financing. Diss.
Massachusetts Institute of Technology.
4. Kurowski, L., & Sussman, D. (2011). Investment project design - A guide to
financial and economic analysis with constraints. New Jersey: John Wiley & Sons.
5. Merna, T., & Njiru, C. (2002). Financing infrastructure projects (First ed.). London:
Thomas Telford.
6. Nevitt, P. K., & Fabozzi, F. J. (2000). Project financing (7 ed.). London, UK:
Euromoney Books.
7. Pretorius, F., Lejot, P., McInnis, A., Arner, D., & Hsu, B. F.-C. (2008). Project
finance for construction and infrastructure: Principles and case studies. Oxford:
Blackwell Publishing.
8. Rastogi, Anupam, Prem Kalra, and Ajay Pandey. "India Infrastructure Report
2008—Business Models of the Future." By 3iNetwork: Infrastructure Development
Finance Company (2008).
9. Raghuram, G., Jain, R., Sinha, S., Pangotra, P., & Morris, S. (2000). Infrastructure
Development and Financing: Towards a Public-Private Partnership: MacMillan.
10. Tinsley, R. (2002). Project Finance in Asia Pacific: Practical Case Studies. London,
UK: Euromoney Books.
11. UNIDO. (1996). Guidelines for infrastructure development through Build-Operate-
Transfer (BOT) projects. Vienna: UNIDO.
12. Walker, C., & Smith, A. J. (1995). Privatized infrastructure: the Build Operate
Transfer approach. London: Thomas Telford.
13. Yescombe, E. R. (2002). Principles of Project Finance. California: Academic Press.
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