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Public Private Partnership in UrbanServices
- special reference to tamilnadu on Solid Waste Management Projects
18.03.2013
V.MurugesanAsst Executive Engineer
O/o the CMA,Chennai,[email protected]
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Evolution of New Economic Policy, 1991-Economic Reforms
The Economy of India is the ninth largest in the worldby nominal GDP and the third largest by purchasingpower parity
The independence-era Indian economy (before and a
little after 1947) was inspired by the economy of theSoviet Union with socialist practices, large public sectors,high import duties and lesser private participationcharacterizing it, leading to massive inefficiencies andwidespread corruption.
However, later on India adopted free market principlesand liberalized its economy to international trade underthe guidance of Dr.Manmohan Singh, who then was theFinance Minister of India under the leadership of
P.V.Narasimha Roa, the then Prime Minister.'
http://en.wikipedia.org/wiki/Purchasing_power_parityhttp://en.wikipedia.org/wiki/Purchasing_power_parityhttp://en.wikipedia.org/wiki/Purchasing_power_parityhttp://en.wikipedia.org/wiki/Purchasing_power_parityhttp://en.wikipedia.org/wiki/Purchasing_power_parityhttp://en.wikipedia.org/wiki/Purchasing_power_parityhttp://en.wikipedia.org/wiki/Purchasing_power_parity7/29/2019 PPP-CBE Trg
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Economic Reforms The 1991 Balance of Payments [BOP] crisis forced India
to procure a $1.8 billion IMF loan. The IMF bailoutwounded the pride of a country that had strove above allfor self-sufficiency through its post independencesocialist policies. The bailout announced to Indianpolicymakers and the world the countrys policy failures.
In response to the crisis, the government immediatelyintroduced stabilization measures to reduce the fiscaldeficit.
The government initiated a reversal of the historic
policies of regulation and government intervention Reforms like market determined exchange rates,
liberalization of interest rates, reductions in tariffs, and adismantling of the License Raj.
Efforts to privatize and introduce competition were
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Economic Reforms
Financial Sector - private banks and FI whichleads competition
Fiscal Reforms - Tax on e commerce, VAT,Reduction of subsidy
Investment Sector - opening borders to trades-EXIM Policy Industrial sector - Industrial Policy-Centrally
planned to market driveneconomy, SEZ,
- Govt Industries privatised
Infrastructure Reforms - power,ports,roads,telecom,
Labour Reforms
Agricultural reforms
Privatisation Reforms - PSP, PPP
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PPP?
Public-Private Partnership (PPP) describes a government
service or private business venture which is funded andoperated through a partnership of government and one ormore Private Sector companies.
Public Private Partnership is commonly used to refer to awide range of collaborations between national and sub-
national governments, and the private sector, in order tosupply infrastructure or deliver certain services, providingpublic infrastructure, community facilities and relatedservices that have traditionally been provided exclusivelyby the government
Public Private Partnership is an arrangement between apublic (government) entity & a private (non-government)entity by which services that have traditionally beendelivered by the public entity are provided by the private
entity under a set of terms and conditions that are definedat the outset
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Characteristics of PPP
The public entity should have the enabling authority to
transfer its responsibility enabling legislative & policyframework, administrative order the instrument oftransfer is through a contract
There is usually a significant transfer of responsibility tothe private entity and usually includes financialinvestmentobligations
For a payment to the private entity directly by users or bythe public entity such that - a significant portion of projectrevenues and/ or the payments, are conditional on
achieving pre-specified levels of performance The nature of the relationship is usually long-term -
Concession
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Optimal Risk Allocation
Demand Risk is partly mitigated through provisions forchange in duration of concessionboth upside anddownside
Competition from other suppliers limited through avariety of non-compete clauses
Escalation in input costs mitigated through indexationof user charges to inflation
Construction and performance risk to be borne by the
investor
Political risk and force majeure risks borne by theGovernment
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Risk Sharing
A risk is defined as any factor, event or influence thatcould threaten the successful completion of a project interms of time, cost or quality
In a conventional BOQ based implementation : risksplanning, design, construction, environmental & social,
physical damage and financing are evaluated Commercial risks revenue or maintenance costs,
quality, safety of users and general regulatory risks notcritically evaluated this is critical though to a private
investor PPP involves sharing of risks risk allocated to the party
best suited to manage them
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Risk SharingRisk Type Description Allocation Mitigation
1 Technology
Performance
Existing technology
unproven in terms ofrevenue service
Private Warranties
2 Revenues Customer
willingness to
pay for service
unknown
Traffic/requisite
parameters andrevenue below
projections
Public and
Private
- Competing/alternative
Projects
- Excessive capital
Maintenance
- Insufficient revenues
to fund ongoing O&M- Investment grade
- Revenue studies
accepted by rating
agencies
-Adequate debt coverage
ratios
- Adequate reserves
- Credit enhancement,Insurance
- Toll adjustment
flexibility
- Careful budgeting
processes and O&M
controls Non-compete
protections
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Risk SharingRisk Type Description Allocation Mitigation
3 Completion Cost and Schedule
Overruns
Private
(Constructi
onContractor)
and Public
- Use of fixed price /
guaranteed maximum
contract- Adequate contingency
funds
- Force majeure
insurance
- Design and
Construction
Management/Oversight by Public
Partners (Which may
be outsourced)
- Financially viable
private partners
4. Political Uncertainties on
public policy and
change in law.
Regulatory
uncertainties.
Funding Support
Public and
Private
- Persuasive and
supported arguments
for the Project.
- Early regulatory
agency involvement.
- Public relations and
Citizen/policymaker
education campaign
- Community engagement and
buy in strategy.
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Risk Sharing
Risk Type Description Allocation Mitigation
5. O&M Costs Excessive costs of
Operation Excessive capital
maintenance
expenditures
Unpredictability of
Costs
Private
(O&M
Contractor)
-Non-recourse
financing
- Minimum guarantees
- Toll adjustment
flexibility
- Credit enhancement
insurance.
- Careful Budgetingprocesses Capital asset
replacement
assurances. Warranties,
incentives, and
penalties
- Financially viable
Private Partners.- Use of fixed price/
guaranteed maximum
pricing, with
escalations and
adjustments overtime.
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Infrastructure Deficit in India
Highways 66,590 Km of NH(2% of network, 40% of traffic): only 12%
Four-lane; 50% Two-lane; and 38% Single-lane
Ports
Inadequate berths, rail / road connectivity and draft are
constraints
Airports Inadequate capacity: Runways, aircraft handling capacity,
parking space & terminal buildings
Railways Old technology; saturated routes: slow average speeds (freight:
22 kmph; passengers: 50 kmph); low payload to Tare ratio (2.5)
Power 13.8% peaking deficit and 9.6% energy shortage; 40% T&D
losses; absence of competition; and inadequate private
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Demand Potential
Ports: 877 million tonnes of traffic by 2011-201215.5% growth expected in containerized traffic
Airports:Passenger and cargo traffic slated to grow at
over 20% annuallyRailways:Freight traffic is growing at close to 10% andpassenger traffic at close to 8% annually
Power:
13% peaking and 8% average shortage of powerannuallyTelecom:
Rural penetration less than 4%
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Revenue Potential
India scores because of its large untapped markets Example: India is a telecom success story despite low
Average Revenue per User- there is comfort innumbers
Power: High revenue recovery recorded in recenttimes with 100% recovery in many cases
High economic growth rate has translated into alarger disposable income and larger spending
capacity Willingness to pay exists provided delivery is of good
quality
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Why PPPs?
Fiscal reasons - Inadequacy of resources leveraging on
lower government funding
Optimal transfer of risks to the entity best suited tomanage the risks
Design, Financing, Construction, Operations andMaintenance all are commercially understood andmanageable
Change of scope, defective designs, time overrun,cost overruns, leakage of revenues, high maintenance
costs Transfer of responsibilities efficiency gain
Appropriate technology, innovative design solutions,project management, better collection practices, lifecycle costing
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Maximizing investment Budgetary constraints
Development of assets of world classstandards
Improved maintenance and management ofassets
Provision of efficient services
Affordable prices through greater competition Risk Sharing
Why PPPs?
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Other Reasons
Enhanced bankability more rigorous project
preparation
Incentive to deliver whole life solution not just assetcreation
Focus shifts to service delivery integrated withconstruction, measurement of quality & payment linkedto service delivery
Acceleration of programme time-boundimplementation
Better overall management of public servicestransparency in prioritisation, selection and ongoingimplementation
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FullPrivatization
Works &
Services
Contracts
Management
&Maintenance
Contracts
Operation &
Maintenance
Concessions
Build
OperateTransfer
Concessions
Low High
Extent of private sector participation
PPP Options
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Concessions
BOT - Build Operate Transfer
BOOT - Build Own Operate Transfer
BOO - Build Own Operate
BOOST - Build Own Operate Share Transfer
BOLT - Build Own Lease Transfer
DBFO - Design Build Finance Operate
OMT - Operate Maintain Transfer
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Types of PPPs Financially free standing projects
Role of public sector - planning, licensing & statutory
procedures; no financial support/ payment bygovernment Revenues through levy of user charges by private sector Toll Roads and Bridges, Telecom services, Port projects, Service Sectors which requires technical expertise-
Processing fee/tipping fee model STPS, MSWMProjects (Processing and Disposal)
Projects where Government procures services Private Sector paid a fee (tipping fee), tariff (shadow toll)
or periodical charge (annuity) by Government for
providing services; payment against performanceno/partial demand risk transfer Risks associated with asset creation (including design)
and O&M transferred to private sectorAccountability to users for service - retained by
Government Roads - annuity/ shadow tolls, power under PPAs.
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Features of PPPs - 1
Genuine risk transfer
All risks pertaining to design, building, financing and
operation transferred to the private entity
Transfer of demand risk depends on the extent to which
the private sector can influence usage Output based Specifications
Contracts specify the service outputs required rather
than asset configuration/mode of service delivery
Emphasis on type of service & performance standards
Private entity incentivised to deliver outputs using
innovation in design, construction, operation and
financing
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Features of PPPs - 2
Whole life asset performance
Private entity takes responsibility & assumes risk
for the performance of the asset and delivery of
service over a long term
Payment for Performance
Revenue/ Payment to private entity is subject to
performance in relation to specific & quantified
criteria enshrined in the contract
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Value for Money
Transfer of risks/ responsibilities under a PPP structureshould result in better value for money for the user Telecom sector mobile phone tariffs from Rs. 16/-
per minute to Re.1/- or 50 paise per minute Tolls paid offset by savings in direct & indirect costs
and value of time Annuity payments public sector comparator value
for money Reduction in environmental risk
Efficiency gain
Savings in cost of project versus overrun
Savings in operating costs
Revenue maximization leakages
Carbon Credit
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Broad Roles & Responsibilities
Government Agency
Providing Project Site/ Assets Environmental Clearances
Supporting Infrastructure and Utilities
Specific Obligations (e.g. dredging)
Regulatory Functions Concessionaire
Designing, Engineering, Financing
Construction/ augmentation / upgradation
Operation and Maintenance Payment and other obligations
Transfer of assets at expiry of concession period
In exchange the concessionaire has the right to receiverevenue tolls or annuity or any other mechanism
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Other Key Elements
Bankability Issues Concessionaires ability to assign rights Lenders step-in rights Charge on project assets and enforceability Critical Events and consequences
Force Majeure Events of Default
Remedial process incase of default/ events leading totermination
Protection of debt in the event of termination
Supporting Provisions Dispute Resolution Mechanism Re-negotiation in good faith Termination as a last resort
Preferential treatment in re-bidding
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What a PPP is not & what it is
PPP is not privatisation or disinvestment PPP is not about borrowing money from the private sector.
PPP is more about creating a structure in which greater value for money is achieved for
services through private sector innovation and management skills delivering significant improvement in service efficiency
levels
This means that the public sector
no longer builds roads, it purchases miles of maintainedhighway no longer builds prisons, it buys custodial services no longer operates ports but provides port services
through world class operators No longer builds power plants but purchases power
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Partnership in Practice
Partners not adversaries background of mistrust Project should be the focuswin-win for both the
parties
Independent agencies Independent Engineer - usefulduring both implementation and operations
Government retains ultimate responsibility uses the
private sector to deliver infrastructure services of
specified standard
Private Financing can significantly leverage public
funds
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Basic Features
Conventional financing is asset based debt provided isusually a percentage of project cost linked to the value ofasset cover
Project Financing is cash flow based - on the estimated
cash flows that are generated by the project A financing structure that relies on future cash flows
of a project as the primary source of its servicing &repayment, with only the project assets, rights andinterests being the security
There is little or no recourse to the sponsors
Usually large projects - investments are huge & costs ofnon-completion/ unsuccessful operations - affect many
Little tangible security
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Project Appraisal
An elaborate project appraisal process analysis ofrisks and specification of return expectations (pricing)from investing in the project
Cash flow projections based on technical, market andfinancial analysis
Risk mitigated through project contracts and financing
agreements or consciously taken after evaluation
Structured financing to meet the characteristics of the
project Security and documentation - elaborate
Project monitoring and compliance
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Key Project Contracts
Concession Agreement Project Site Licence Agreement
Shareholder/ JV Agreement
Substitution Agreement / Direct Agreement
State Support Agreement Engineering Procurement Construction (EPC )Contract
O&M Contract
Trust and Retention Agreement
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Main Provisions
Concession Agreement
Terms and conditions of undertaking the project
Obligations of the parties
Tenure of the contract
Default provisions and remedies Provision for substitution
Force Majeure provisions and remedies
Termination and compensation payments
State Support Agreement
Support during implementation
Protection from a competing facility
Other Key Contracts
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Other Key Contracts
EPC Contract
Price Overrun Time Overrun
LDs and Bonus provisions
Performance security
Standards and Specifications
O&M Contract
Operating Standards
Costs
Quality of Service
Penal provisions
Fi i l A l i
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Financial Analysis
Elaborate Financial Model capturing these risks basecase analysis
Establishes breakeven levels of traffic/ tariffs
Assessment under various scenarios sensitivityanalysis Demand / Traffic
Tariff / Tolls Inflation Maintenance Costs
Financial Ratios
Debt Equity Ratio cash flow impact & level ofpromoters funds Internal Rate of Return (project/ equity) Debt Service Coverage Ratio Loan Life Ratio Project Life Ratio
Fi i D
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Financing Documents
Facility Agreement Financial Terms
Project Risk Mitigating Conditionalities
General Conditions
Inter-Creditor Agreements Security Documentation
B i St t
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Basic Structure
Project SPV
ULB
Lenders
Contractor
JV Partner
MainSponsor
Indep Eng
Debt
Financing
Agreements
Equity
EPC
Agmnt
Annuity/
Tipping
fee
Shhldrs
Agmnt
Concession
Agreement
T ti St t
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Transaction Structure
Government
Project SPV
Invt. Bankers,Technical & Legal
Advisers
Advisers
Invt. Bankers,
Technical & Legal
Advisers
Advisers
UsersOff-take
Contracts
Insurance
Companies
Insurance Policies
EPC
Contractor
EPC Contract
TRA
Agent
TRA/Escrow
Agreement
Concession / Licence
Agreement
O&M
Operator
O&M
Contract
Sponsors
Equity
Financial
Investors
Equity /
Sub-Debt
Lenders
Debt Substitution
Agreement
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Governance Structure for PPPs
Constitution of a Committee on Infrastructure (CoI)- Prime Minister is the Chairperson
- Ministers of Infrastructure Ministries; Finance Minister andDeputy Chairman, Planning Commission are members
Empowered Sub-Committee of CoI chaired by Dy.Chairman, Planning Commission and represented byMinistries
Secretariat for CoI in the Planning Commission
Ministries retain their role but work closely with CoI todevelop & implement the vision for world-classinfrastructure
Greater reliance on inter-ministerial & inter-disciplinarydialogue to enrich outcomes & eliminate conflicts of
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Instruments of Governance
PPPs integrated in the planning process
Constitution of Inter-Ministerial Committees (IMCs) underchairmanship of Cabinet Secretary/ concerned Secretary
Specified tasks are assigned to IMCs with an agreed timeframe
Involvement of experts in formulation of programmes &processes
Consultations with stakeholders, including users &investors
Simplification & standardisation of documents & processes
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PPP Appraisal Committee:- Appraises & recommends all PPP projects of the Central
Government
- Chaired by the Finance Secretary
- Appraisal Unit in the Planning Commission
Empowered Committee/ Institution- Approves proposals for Viability Gap Funding (upto 20% of capital
costs)
- Chaired by Secretary/ Addl. Secretary, Department of EconomicAffairs
- Appraisal Unit in the Planning Commission
India Infrastructure Finance Company (IIFC)- Raises funds against sovereign guarantees
Instruments of Governance
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Important Reports under Implementation
Model Concession Agreements in highways, rail & ports,sewage Treatment Plants, MSWM Projects
Guidelines for Pre-Qualification of Bidders (RFQ)
Guidelines for Invitation of Financial Bids (RFP)
Guidelines for formulation, appraisal & approval of PPPProjects
Guidelines for financial support to PPP projects
Scheme for financing infrastructure projects through the IIFC
Financing Plan for National Highway Development
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Manual of Specifications and Standards for two lanehighways
Report on Restructuring of NHAI
Financing Plan for Airports
Report on the Delhi-Mumbai & Delhi-Howrah FreightCorridors.
Report on Road Rail Connectivity of Major Ports.
Report on streamlining of Customs procedures at Ports.
Report on streamlining of Customs procedures at airports
Important Reports under Implementation
P bli P i t P t hi
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Public Private Partnership
Infrastructure projects might not be financially viable on
their own;
Public Private Partnership to bring in private sectorresources and techno-managerial capabilities;
Viability Gap Funding foro Roads, railways, seaports, airports;o Powero Water supply, sewerage, solid waste disposal in urban areas;o International convention centres.
Funding in the form of capital grant, Operation &Management support, interest subsidy, etc.
Support linked with predefined milestones.
St t k b G t
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Steps taken by Government Viability Gap Funding (VGF) arranged through various schemes
India Infrastructure Finance Company Limited (IIFCL)
India Infrastructure Initiative ($ 5 bn. Fund) India Infrastructure Project Development Fund
Jawaharlal Nehru National urban renewal Mission (JNNURM)
PPP cells- PPP appraisal committees
Transaction Advisors
Training and Information Kits
Standard Bidding procedures
Model Concession Agreement
Permission to foreign financial institutions and multilaterals to raise financialresources
Encouraging development of new instruments such as grading of PPPprojects/SPV rating by the major credit rating companies
GOI have provided assistance to the tune of Rs.2500 crores under 12th FinanceCommission for SWM
IncomeTax relief has also been provided to waste mgt agencies and Tax freemunicipal bonds have been permitted by GOI
Technical Advisory Group on SWM has been constitutedand Technical Manual on SWM has been prepared.
Some Examples 1
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Some Examples - 1
Roads
BOT Concessions for toll roads and bridges (NHAI,state governments) (OMT Concessions in future)
Annuity payment based concessions highways,urban roads (NHAI/ state governments)
Solid Waste Management
Engineered landfills tipping fee linked payments(Coimbatore, Madurai, Namakkal, Salem, Bangalore,Trivandrum)
SW Collection and Transportation (MCD/ NDMC, mostof the ULBs in TN)
Port Concessions
Major Ports container berths (JNPT, Chennai, Kochi,Tuticorin, Vizag, Kandla); bulk cargo berths(Marmagao, Haldia, Ennore, New Mangalore)
Minor PortsPipavav, Mundra, Kakinada
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Some Examples - 2
Water Supply and Sanitation Bulk water supplysystems in Tirupur and Vizag
Tourism Facilities hotels, tourist facilities, PWD resthouses Karnataka & Kerala
Bus Terminals/ Parking Facilities Bus terminals Dehra Dun, Amritsar, Jullundur
Parking + commercial complexes NDMC/ DDA/MCD/ Bangalore
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Failures in PPP- Reasons
Most PPP failures can be attributed to inadequate or non-existent
feasibility studies, including unrealistic forecasts and undefined public
contribution of funds.
Poor legal framework and enforcement
Weak institutional capacity and PPP strategy Unrealistic revenue and cost estimations
Lack of thorough financial and economic analysis
Inappropriate sharing of risks
Lack of competitive procurement Public resistance (willingness to pay not assessed)
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PPP in TamilNadu
Tamil Nadu Water Investment Company Limited (TWIC), a joint venture betweenthe state government and Infrastructure Leasing and Financial Services (IL&FS),has been set up with the express mandate to develop infrastructure projects withprivate participation, emphasizing water and sanitation. The path-breakingsanitation project at Tirupur
Tamil Nadu Urban Development Project (TNUIFSL) is a state government project
with assistance from the World Bank. Part of its strategy is to enhance institutionaldevelopment by building and strengthening financial and managerial capacities inULBs. Under this project, the TamilNadu Urban Development Fund, the first privateinstitutional arrangement in the country, has been established to assist municipalitiesin raising funds from markets to finance specific infrastructure projects
Tamil Nadu Road Development Company Ltd (TNRDC) is the third institutionalarrangement established as a joint venture between Tamil Nadu IndustrialDevelopment Corporation (a government of Tamil Nadu undertaking) and IL&FSfor developing road-sector initiatives under the public private partnership format.
Its first project was the 113 kilometer- long tolled East Coast Road (ECR), whichhas set benchmarks in both quality of construction and maintenance.
PPP i T ilN d
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There are two types of public-private partnerships that have emerged with respectto urban infrastructure:1. Involvement of NGOs in provision of public services like solid waste
collection, processing and disposal.- Pammal,Kulithalai (Exnora International)
2. Private firm or agency enters into an agreement / contract to provide
the services-The New Tiruppur Area Development Corporation was formed as aSpecial Purpose Vehicle Company under the Indian Companies Actto undertake water supply and sewerage projects in Tiruppur
-The Government of India, Government of Tamil Nadu, Tiruppur Municipality,and ILFS as promoters have assumed complete responsibility forimplementing the project over 30 years
-Alandur UGSS project became a model and it is studied by Academicians,Policy makers, ULB officials of different states and countries, electedrepresentative of Urban Local bodies of various state and countries
PPP in TamilNadu
T ilN d
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Sl.No ULBsEst. Cost
(Rs in Cr.)
1 Coimbatore Corporation 96.51
2 Madurai Corporation 74.23
3 Salem Corporation 30.00
3 Namakkal Municipality 3.58
4Alandur,Pallavapuram&TambaramMunicipalities 44.21
Sl.No ULBs
1 Tiruchy Corporation
2 Erode Corporation3 Udumalpet Municipality
4 Pollachi Municipality
5 Coonoor Municipality
6 Mettupalayam Municipality
TamilNadu
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CASE STUDIES
Coimbatore Solid Waste Management Facility
Madurai Solid Waste Management facility Salem Waste Management facility Namakkal Waste Management facility IWMUST projects
Tiruchirappalli Corporation Erode Corporation Coonoor Municipality Pollachi Municipality Mohanur Model Thudiyaloor Model Pammal Model
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