HSA is a leading law firm that leverages its deep regulatory expertise and sectoral knowledge to provide practical, implementable, and enforceable advice. With its full-service capabilities and four offices across India, the firm is well known for its proactive approach to comprehensive risk mitigation and seamless cross-jurisdictional support while advising clients on their multifaceted requirements.
India is running the world's
largest and most ambitious renewable capacity expansion
program.
India ranks second amongst the
emerging economies in the transition to clean energy.
The 2022 power targets include
achieving 227 GW (earlier the target was 175 GW) of energy from
renewable sources.
Wind power capacity was 36,625 MW as
of 31 March 2019, making India the fourth-largest wind power
producer in the world.
India is also the seventh largest
producer of hydroelectric power in the world.
Globally, India is the third largest
solar market. The Government's target of installing 20 GW of
solar power by 2022 was achieved four years ahead of schedule in
January 2018. India has set a new target of achieving 100 GW of
solar power by 2022.
India is home to the world's
first and only 100% solar powered airport, located at Cochin,
Kerala.
Four of the top seven largest solar
parks worldwide are in India including the second largest solar
park in the world at Kurnool, Andhra Pradesh, with a capacity of
1000 MW.
The world's largest solar power
plant, Bhadla Solar Park is being constructed in Rajasthan with a
capacity of 2255 MW.
India was the first country in the
world to set up a ministry of non-conventional energy
resources.
As of February 2019, total renewable
power installed capacity (excluding large hydro) in the country
stood at 75.06 GW.
India accounts for approximately 4
per cent of the total global electricity generation and contributes
4.43 per cent to the global renewable generation capacity.
More than USD 42 billion has been
invested in India's renewable energy sector since 2014. New
investments in clean energy in the country reached USD 11.1 billion
in 2018.
HSA Advocates has worked on
assignments involving an aggregate capacity of approx. 40,000 MW in
Renewable Energy and 20,0000 MW in Thermal Energy.
Mr. Hemant Sahai, founding partner of
HSA Advocates has been an advisor on-board for several extra
ministerial policy advisory working groups including the Prime
Minister's Office, Ministry of Power, Ministry of New and
Renewable Energy and other Government bodies.
Recently, Mr. Hemant Sahai has been
added as a distinguished member of the Regional Committee on Energy
for the year 2019–20 by the Confederation of Indian Industry
(CII)
Led by a collegium of 15 partners in
this sector, HSA Advocates are the market leaders In the Renewable
Energy space.
Some of the Major Developments in the Indian Renewable Energy
Sector are as follows:
In the first half of 2018, India
installed 1 MW of solar capacity every hour. Solar capacity has
increased by eight times between FY14-18.
With 28 deals, clean energy made up
27 per cent of USD 4.4 billion merger and acquisition (M&A)
deals which took place in India's power sector in 2017. HSA
Advocates was involved in majority of these deals.
Power generation from renewable
energy sources (excluding large hydro) in India reached a record of
101.84 billion units in FY18 and reached 107.22 billion units
between April 2018-January 2019.
In March 2018, ReNew Power finalized
a deal estimated at USD 1.55 billion to acquire Ostro Energy making
it the largest renewable energy company in India. HSA Advocates
acted for Ostro Energy in this transaction.
As of March 2019, EverSource Capital,
a Joint venture of Everstone and Lightsource plans to invest USD 1
billion in renewable energy in India through its Green Growth
Equity Fund.
Major FDI Investments in the Renewable Energy Sector are as
below:
Foreign
Collaborator
Country
Indian
Company
FDI Equity
Inflow
Asian Development
Bank
India
Avaada Energy Pvt
Ltd
USD 50M
Asian Development
Bank
Philippines
Renew Power Ventures
Pvt. Ltd
USD 44.69M
AIRRO Singapore Pte
Ltd
Singapore
Diligent Power Pvt.
Ltd.
USD 41.07M
ORIX Corporation
Japan
Lalpur Wind Energy Pvt.
Ltd.
USD 37.75M
ENEL Green Power
Development B.V.
Netherlands
BLP Energy Pvt.
Ltd.
USD 32.61M
ENERK International
Holdings Ltd
Seychelles
RKM POWERGEN Pvt
Ltd
USD 32.50M
OSTRO Renewable Power
Limited
Mauritius
OSTRO Energy Pvt
Ltd
USD 32.21M
AREVA Solar Inc
USA
AREVA Solar India Pvt
Ltd
USD 31.53M
According to data released by the Department for Promotion of
Industry and Internal Trade (DPIIT), FDI inflows in the Indian
non-conventional energy sector between April 2000 and December 2018
stood at USD 7.48 billion.
Government Initiatives/Policies:
Government of India has announced
plans to implement a USD 238 million National Mission on advanced
ultra-supercritical technologies for cleaner coal utilization.
The Ministry of New and Renewable
Energy (MNRE) has decided to provide custom and excise duty
benefits to the solar rooftop sector, which in turn will lower the
cost of setting up as well as generate power, thus boosting
growth.
The Indian Railways is taking
increased efforts through sustained energy efficient measures and
maximum use of clean fuel to cut down emission level by 33 per cent
by 2030.
60 solar cities will be developed in
India as part of MNRE's Solar Cities program.
Government of India allocated USD
416.48 million in the interim budget 2019-20 for development of
solar power projects including both grid-interactive and off-grid
and decentralized categories.
Government of India aims to set up 25
Solar Parks and Ultra Mega Solar Power Projects targeting 20,000 MW
of solar power installed capacity by 2019-20.
Scheme for setting up 1000 MW Inter
State Transmission Systems (ISTS) connecting wind power projects is
underway.
As of December 2018, Government of
India has already installed 35 GW of wind power capacity against
the target of 60 GW by 2022.
Around 1,739.14 MW of wind power
capacity was added in 2017-18. Wind power capacity addition is
expected to reach 3 GW in FY19.
India received a USD 1.15 billion
soft loan from German development bank for implementation of green
corridors project. 40 per cent of Intra state and 70 per cent of
interstate transmission schemes will be funded through the soft
loan.
Solar and wind energy sectors in
India are expected to generate over 300,000 jobs by 2022.
To meet the rising demand of trained
manpower, a target of achieving 50,000 "Surya
Mitra's" of skilled manpower in solar energy sector by
2019-20 has been set.
Government Tenders:
Solar Energy Corporation of India
(SECI) received bid submissions totaling 1,100 MWA against the
tendered capacity of 750 MW for projects in the state of Rajasthan,
India. Another of SECI's tender for 1.2GW was
oversubscribed.
13 GW of Solar Projects Tendered in
June as Procurement Activity Surges Post Elections.
In June 2019, SECI issued a tender
for 6 GW of the interstate transmission system (ISTS)-connected
solar photovoltaic (PV) projects linked with 2 GW of solar
manufacturing component. SECI also issued two requests for
proposals to set up ISTS-connected solar projects totaling 2.4 GW
on Build-Own-Operate (BOO) basis.
National Thermal Power Corporation
Limited (NTPC) issued 1 GW of grid-connected solar PV projects
under Phase-II Tranche-I of the Central Public Sector Undertaking
(CPSU) program to be developed across the country.
Recently, Gujarat Urja Vikas Nigam
Limited (GUVNL) retendered two solar projects for a total capacity
of 950 MW to be developed in the state's solar parks.
MNRE, in its tender trajectory has a
target of 30GW to be tendered during 2019-20 of which close to 11GW
is planned to be tendered in the next 3 months.
In the last 6 months, total capacity
bids won by our clients is much more than 2500 MW. HSA Advocates
advised them through a 360-degree approach in carrying out each
transaction and continues to do the same.
HSA has been actively involved in
advising clients throughout the complete value chain –
starting from bid advisory services to structuring of the project
SPV/company incorporation, contract execution, land acquisition,
assisting with obtaining statutory approvals, licenses and permits,
financing of the project, operational issues and challenges
alongside dispute advisory services and regulatory litigation, as
required by the clients from time to time.
Road Ahead:
The 2022 power targets includes
achieving 227 GW (earlier the target was 175 GW) of energy from
renewable sources - nearly 100 GW through solar power, 66 GW from
wind power, 10 GW from biomass power, 5GW from small hydro and 31GW
from floating solar and 15 GW from offshore wind power.
Government of India has announced
that no new coal-based capacity addition is required beyond the 50
GW under different stages of construction likely to come online
between 2017 and 2022.
India's renewable energy sector
is expected to attract investments of up to USD 80 billion in the
next four years.
Use of renewables in place of coal
will save India USD 8.43 billion annually.
It is expected that by the year 2040,
around 49 per cent of the total electricity will be generated by
the renewable energy, as more efficient batteries will be used to
store electricity which will further cut the solar energy cost by
66 per cent as compared to the current cost.
Announced in 2009, Government of
India proposed to launch its Jawaharlal Nehru National Solar
Mission under the National Action Plan on Climate Change. The
program was initiated with a target of 20 GW grid capacity by 2022
as well as 2 GW off-grid installations, this target was later
increased to 100 GW by 2022 in the 2015 Union budget of India.
India has set target to produce 15
million tons of biogas/bio-CNG by installing 5,000 large scale
commercial type biogas plants which can produce daily 12.5 tons of
bio-CNG by each plant.
Electric Vehicle Sector in India:
Reiterating its commitment to the
Paris Agreement, Government of India has plans to make a major
shift to electric vehicles by 2030.
A Motor Vehicles (Amendment) Bill was
passed by the Parliament in 2015, which established battery-powered
e-rickshaws as a valid form of commercial transport in India.
India's first electric bus was
launched in Bangalore in 2014.
On 31 March 2017, Government of India
announced that the entire rail network in the country will be
electrified by 2022.
Government of India has started
Faster Adoption and Manufacturing of Hybrid and Electric vehicles
(FAME) scheme which is a part of National Electric Mobility Mission
Plan which provides incentives for purchasing electric
vehicles.
Recently, Government of India
released a two-pronged strategy aimed at both buyers and
manufacturers, in which it offers USD 1.4 billion in subsidies to
buyers while imposing a hike on import tariffs to increase
manufacturing of these vehicles by domestic companies.
Delhi Government recently approved
1000 Electric buses to be used in Delhi's public transport
system.
According to a draft proposal
introduced in the parliament, all the IC engine powered
two-wheelers and three-wheelers in India starting 2025 for
two-wheelers and 2023 for three-wheelers will be banned making it a
rule to move to Electric Vehicles only.
Niti Aayog (formerly Planning
Commission of India) led by Prime Minister, Narendra Modi plans to
order taxi aggregators such as Uber and Ola to convert 40 per cent
of their fleet of cars to electric by April 2026.
Ola Electric Mobility Pvt. Ltd has
raised about USD 250 million from SoftBank Group Corp. The funds
will help Ola Electric achieve its goal of bringing one million
Electric Vehicles on roads by 2021.
Phase-II of FAME Scheme encourages
faster adoption of Electric vehicles by way of offering upfront
incentive on purchase of Electric vehicles by establishing the
necessary charging infrastructure for electric vehicles.
HSA Advocates has been the legal
advisors to Niti Aayog (formerly Planning Commission of India) on
preparing the model contractual framework for PPP projects on BOT
mode for supply, operation and maintenance of electric buses in
urban areas on public private partnership (PPP).
Electric Energy Storage Initiatives in India:
The launch of the mega storage
facility marks a key step forward in modernizing India's power
system and improving grid efficiency.
India is executing a plan to set up
227 GW (Earlier the target was 175 GW) of renewable energy capacity
by 2022 and deploying energy storage systems will help network
operators mitigate solar and wind resources variability and reduce
congestion on the transmission system.
SECI invited bids for 3.6
gigawatt-hours of storage connected to 1.2 GW of solar on
India's interstate transmission system, the biggest battery
solicitation seen in the country so far.
Tata Power, AES Corporation, and
Mitsubishi Corporation inaugurated India's first 10 MW
grid-scale battery-based energy storage system in Delhi.
Global Battery Storage Energy System
(BESS) market is expected to exceed more than USD 9 billion by 2024
at a compound annual growth rate of 34 per cent.
The India Energy Storage Alliance
(IESA) was launched by Customized Energy Solutions in 2012 to
promote Energy Storage and Microgrid technologies and their
applications in India.
Waste to Energy Initiatives in India:
Every year, about 55 million tons of
Municipal Solid Waste (MSW) and 38 billion liters of sewage are
generated in the urban areas of India. In addition, large
quantities of solid and liquid wastes are generated by
industries.
According to MNRE, there exists a
potential of about 1700 MW from urban waste (1500 from MSW and 225
MW from sewage) and about 1300 MW from industrial waste.
Around 92 plants with aggregate
capacity of around 250 MW have been set up in the country for
electricity generation from urban, agricultural and industrial
waste.
According to the Associated Chambers
of Commerce and Industry's report "Value of Waste
2015", investors valued Waste to Energy in India at almost USD
1.5 billion, in 2017 and expected it to grow to about USD 11.7
billion by 2052.
The Niti Aayog (formerly Planning
Commission of India) has a target of constructing Waste to Energy
plants with total capacity of 330 MW in 2017-18 and another 511 MW
in 2018-19 under the Swachh Bharat Mission. It has also proposed
the Waste to Energy Corporation of India, a nodal agency to set up
plants through public-private partnership.
IL&FS Environment Company has set
up a Waste to Energy plant at the Ghazipur dumpsite, which receives
more than 2000 tons per day of Delhi's municipal solid waste.
Garbage dumping in Ghazipur was banned after landfill collapsed in
September 2017.
Indian Institute of Petroleum
(IIP)-Dehradun is converting plastic waste like polyethylene and
polypropylene, both together accounting for 60 per cent of plastic
waste, to either gasoline or diesel. M K aromatics limited - has a
plant operating at Alathur, Tamil Nadu using an environmentally
friendly system for processing plastic waste into hydrocarbons
/crude oil.
A significant step towards generating
power from garbage under the Swachh Bharat Mission, six Waste to
Energy plants with installed capacity of about 74 MW will be
commissioned.
HSA Advocates has advised diverse
clients in the energy sector and the portfolio of power projects
being handled by the Firm exceeds the aggregate of 50,000 MWs
including more than 25,000 MWs of greenfield power generation
projects.
HSA Advocates has advised clients on
more than 40 renewable energy M&A deals across the country
aggregating to more than 10,000 MWs. In 2017, HSA Advocates was
involved in two of the top 10 M&A deals in India, of which one
of the deals was in the renewable energy space.
HSA Advocates has advised on several
project finance debt as well as equity raising transactions, and
has acted for banks, financial institutions as well as project
developers. The aggregate value of these deals exceeds USD 9
Billion.
HSA Advocates has advised and
assisted several Renewable Energy developers in acquiring land
aggregating to more than 25,000 acres for developing solar/wind
projects, across the country.
HSA Advocates is one of the few firms to have advised
extensively on development of renewable energy sector in India. It
has been actively involved in assisting its clients in
establishing, developing and operating renewable energy projects
throughout India and on advising clients on the purchase and sale
of renewable energy projects, development and construction of
renewable energy projects, financing of renewable energy projects,
advising clients on regulatory issues and disputes, and purchase
and sale of renewable energy credits/CERs. HSA is currently
advising diverse renewable energy developers and has one of the
largest portfolios in this space, amongst law firms in India
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