Financing of National Highways in India

By

A. P. Bahadur
Chief Engineer Department of Road Transport and Highways Ministry of Shipping, Road Transport & Highways

Population Road Network

Road Network > 1 billion people

200 km Expressways

3.3 million km
65,570 kms National Highways

(Second Largest in World)

1,28,000 kms State Highways

2,650,000 kms Village & Other Roads

4,70,000 kms Major District Roads

Roads carry 85% passenger and 70% freight traffic

Vehicle Population
Total Vehicle Population
(About 1% share of World)
8% others 1% Buses 5% Goods vehicles 15 % Cars & Jeeps

>

70 million

71% Two Wheelers

Traditional Financing of Roads

General Budgetary Support Lending from International Institutions World Bank Asian Development Bank (ADB) Overseas Economic Cooperation Fund (OECF), now Japan Bank for International Cooperation (JBIC) Central Road Fund (CRF)

Government Allocation of Funds For Road Sector

2003-04 Rs. in crore Central Sector Roads State Roads Rural Roads Maintenance only for NHs 5284 8386 731 US$ (billion) 1.174 1.86 0.162 2004-05 Rs. in crore 5204 10370 2962 745 US$ (billion) 1.156 2.304 0.658 0.165 2005-06 Rs. in crore 10826 14287 3907 868 US$ (billion) 2.405 3.174 0.868 0.192

Need for Enhanced Funding

Loans from International Lending Institutions

World Bank
US$ 0.51 billion before 1992 US$ 1.97 billion

ADB
US$ 0.43 billion before 1992 US$ 1.79 billion

OECF/ JBIC

Yen 20600 million (~ US$ 0.21 billion)

Major Initiatives for Highways Development

CRF revamped to create dedicated fund Encourage Public Private Partnership (PPP) in road development National Highways Authority of India (NHAI) created and made functional Requisite legislative and legal provisions made for facilitating PPP in road sector National Highways Development Project (NHDP) launched

Central Road Fund

Constituted in 1929 Rs. 2.64/litre of custom and excise levy on petrol and diesel Non lapsable Revamped in 2000 Levy of cess at Rs. 1 (~ US 2.2 c) per litre on sale of High Speed Diesel (HSD) on petrol Further increased to Rs. 1.50 (~ US 3.3 c) in 2004 Additional cess of Rs. 0.50 (~ US 1.1 c) per litre in 2005 - entirely for NHs

Central Road Fund (Contd.)

The accruals, due to cess of Rs. 1.5, of were of the order of Rs. 5,600 crore (US$ 1.2 b) annually and distributed in the following proportion: 50% of cess on High Speed Diesel (HSD) oil for development of Rural Roads 50% cess on HSD and total cess on petrol to be allocated as follows: 57.5% of such sum on development and maintenance of NHs 12.5% of sum for construction of road over/ under bridges and safety works at unmanned railway crossings 30% of sum on development and maintenance of State Roads. 10% reserved for States for implementation of State Road Schemes of Inter State Connectivity and Economic Importance, - approved by Central Government.

Central Road Fund (Contd.)

The dedicated fund thus created through levy of cess on fuel has greatly helped in development of all categories of roads i.e. National Highways (NHs), State Highways, Other State Roads and Rural Roads in India. The total amount of cess on petrol and diesel is about Rs. 9495 crore (US$ 1.23 b) during 200506. This amount is expected to increase to Rs. 12600 crore (US$ 2.80 b) per year from 2006-07.

National Highways Development Project ( NHDP )

Phase I

4/6 laning of mainly Golden Quadrilateral (GQ) Aggregate length 7,498 km 46 laning of mainly North South and East-West (NS&EW) Corridors Aggregate length 6,702 km 4 laning of other important routes Aggregate length 10,000 km

Phase II

Phase III

NHDP Phases I, II & III

NHDP Financing

Budget Normal Dedicated Fund (Cess on Petrol/Diesel) Lending from International Institutions World Bank ADB JBIC

NHDP Financing (Contd.)

Public Private Partnership

BOT Investment by Private Firm and return through user fee Annuity / Shadow Toll Investment by Private Firm and return through Annual Payment as per bid Special Purpose Vehicles (SPVs) With Equity by NHAI

Market borrowing

Public Private Partnership

National Highways Act 1956 Amended

In 1992 Fee for NH Sections In 1995 Private sector participation

Concession agreement finalized concessionaire allowed to collect and retain the user fee revenue

Public Private Partnership (Contd.)

Incentives
Income Tax exemptions for 10 years (can be availed within 20 years) NHAI Bond exempted from Capital Gains Tax Grant up to 40% of project cost Equity by NHAI, upto 30% 100% FDI upto Rs. 1,500 crore Custom Duty Exemption on import of equipment Higher concession period up 30 years

Public Private Partnership (Contd.)

Contributions by Government Project Feasibility Studies LA and Utilities shifting (now shared) Environmental Clearances Help in getting Permits

Legal Framework

NHAI Act 1988 NHs vested to NHAI Borrow/ Invest Highway Management

Legal Framework (Contd.)

NH Fee Rules 1997 Fee collection procedures (under revision) Fee Rates 1997 Capping of fee rates for vehicles (under revision) Land acquisition process simplified

Capping User Fee Rates

(i) (ii) (iii) (iv) Cars/ Vans/ Jeeps Rs. 0.40 per km (US 1.0 c/km)

Light Goods Vehicles Rs. 0.70 per km (US 1.6 c/km) Trucks and Buses Rs. 1.40 per km (US 3.1 c/km)

Heavy Construction RS. 3.00 per km (US 6.7 Machinery (HCM) c/km) and Earth Moving Equipment (EME)

Future phases of NHDP

NHDP Phase Particulars Length (in km) Investment Rs. in Crore (US$ billion) 42,000 (9.33) 55,000 (12.22) 25,000 (5.55) 17,500 (3.88) 15,000 (3.33) 15,000 (3.33) 2,500 (0.55) 1,72,000 (38.22)

Phases I & II Phase III Phase IV Phase V Phase VI Phase VII

Balance work of GQ and EW-NS corridors 4-laning 2-Lanes with paved shoulders 6-laning of selected stretches Development of expressways Ring roads, Bypasses, Grade Separators, Service roads etc. Accelerated Road Development Project for North-East region

9,000 10,000 20,000 5,000 1,000 45,000

Total

Modes of delivery
NHDP Phase NHDP I (Balance Work) NHDP II (Balance Work) NHDP III Item Length (in km) Cost (Rs. in Cr.) Length (in km) Cost (Rs. in Cr.) Length (in km) Cost (Rs. in Cr.) NHDP IV Length (in km) Cost (Rs. in Cr.) NHDP V Length (in km) Cost (Rs. in Cr.) NHDP VI Length (in km) Cost (Rs. in Cr.) NHDP VII Length (in km) Cost (Rs. in Cr.) Total Length (in km) Cost (Rs. in Cr.) [US$] 2,594 6,280 40,232 [8.94 b] 9,638 23,757 1,48,321 [32.96 b] 4,448* 15,937 31,447 [6.98 b] CC 1,711 8,145 4,569 29,493 BOT (Toll) 20 581 1,237 8,065 10,000 65,197 5,000 6,950 6,500 41,210 1,000 16,680 BOT (Annuity) 7 85 930** 6,064 15,000** 20,850 Total 1,738 8,811 6,736 43,623 10,000 65,197 20,000 27,800 6,500 41,210 1,000 16,680 * 16,680 45,974* 2,20,000 [48.88 b]

* Length to be covered under NHDP VII is yet to be finalized ** To be determined based on budgetary resources and the tolling policy for two-lane highways.

Recent Focus

Committee on Infrastructure constituted under Chairmanship of Prime Minister Paradigm shift in implementation of NHDP mainly through PPP The existing Model Concession Agreement (MCA) for PPP projects revised Strengthening of NHAI to meet future work load Toll policy being revised

Main Features of MCA

Concession Period Project specific; normally 20 years One/ Two Stage Capacity Augmentation th Notice before 8 year Opt out option for both parties If no six-laning; then concession upto 12 years

Main Features of MCA (Contd.)

Performance Security (PS) 5% of TPC Financial Close Within 180 days from date of agreement Extra 180 days at damages @ 0.1% of PS/day Termination due to failure Appointed Date (AD)

Date of financial close or mutually agreed earlier date Lowest of

Total Project Cost (TPC)

Capital cost (less equity) of financial package Actual capital cost on completion, less equity A sum of (based on estimation) less equity

Main Features of MCA (Contd.)

Grant Equity support 20% of TPC in installments Balance if any during O&M in quarterly installments Premium (negative grant) as additional concession fee (~ 2% of total realisable fee per year) Right of Way 80% of required land, prior to appointed date Appendix for remaining 20% Damage for delay Rs 50 (US$ 1.11)/day/1000 sqm after 91 days of AD Additional land for change in scope to be taken by the concessionaire

Main Features of MCA (Contd.)

Conditions Precedent For NHAI and Concessionaire Damage for delay be NHAI 0.1% of PS for each day delay maximum 20% of PS Obligation NHAI Maintenance during development period No competing road by NHAI or other Govt. Agency

Main Features of MCA (Contd.)

Concession Fee

Rs. 1 ( US 2.22 c ) up to 10th year 1% of realisable fee for the 10th year Increase by Arithmetic Progression in each subsequent year Premium (negative grant) @ 2% of fee with increase every year by additional percentage As per Fee Notifications presently (1997 price level) Car/Van/ Jeep 40 p (~ US 1 c )/ km 70 p (~ US 1.5 c)/ km LCV (LGV) 140 p (~ US 3 c)/ km Truck/ Bus HCM/EME 300 p (~ US 6.6 c)/ km

User Fee

Main Features of MCA (Contd.)

User Fee (Contd.)

Fee revision restricted to 40% of WPI variation Exemption for local traffic Discounts to frequent users Additional charge for fee evasion/ overloaded vehicles If realisable fee is less then subsistence revenue Due to indirect/ political event Upfront agreed target traffic on target date For 1% shortfall - concession period increased by 1.5% For 1% increase - concession period reduced by 7.5%

Revenue Shortfall Loan

Variation in Traffic Growth

Main Features of MCA (Contd.)

Additional Toll Way Not before 8th year Not longer than 25% of existing length Provision for varying concession period

Escrow Account Insurance

Main Features of MCA (Contd.)

Construction of Project Highways

Project Specific Normally 650 days from the appointed date Construction as per prescribed schedule Damages due to delay @ 0.1% per day of PS

Construction Monitoring
Inspection & monitoring by Independent Engineer Sample Testing Suspension of unsafe construction Documentation by video recording

Main Features of MCA (Contd.)

Change of Scope

Cumulative cost not to exceed 20% of TPC Not to exceed 5% of TPC in continuous three years Advance payment up to 20% to the Concessionaire Safe, smooth and uninterrupted flow of traffic Concessionaire to evolve Maintenance Manual Prompt removal of stalled vehicles/ debris No lane closer without approval of Independent Engineer Damages - higher of

Operation & Maintenance

0.5% of average daily fee per day 0.1% of the repair cost as assessed by Independent Engineer

No barrier and advertisement

Main Features of MCA (Contd.)

Safety
Safety audit by NHAI Concessionaire to comply with safety audit requirements Highway patrolling and emergency medical aid

Independent Engineer
Review, inspection and monitoring of project highway during construction and operation Fair, impartial and efficient

Traffic census and sampling

Main Features of MCA (Contd.)

Termination Default by NHAI, Concessionaire Termination Payment Concessionaire default 90% of debt due less insurance cover NHAI default Debt due and 150% of adjusted equity

Main Features of MCA (Contd.)

Dispute Resolution three stage Mediation by Independent Engineer Amicable settlement by Chairman of NHAI and Concessionaire Arbitration

Gist of NHDP Financing

Phase NHDP I Approved Cost Cess and Market borrowings : 18,846 (US$ 4.18 b) External Assistance : 7,862 (US$ 1.74 b) BOT/ SPV : 3,592 (US$ 0.79 b) Cess and Market borrowings : External Assistance : BOT/ SPV : 23,420 (US$ 5.20 b) 7,609 US$ 1.69 b) 3,310 (US$ 0.73 b) 30,300 [1999 Prices] (US$ 6.73 b) 34,339 [2002 Prices] (US$ 7.63 b) 22,000 [2004 Prices] (US$ 4.88 b) 86,639 (US$ 19.25 b)

NHDP II

NHDP IIIA BOT

: 22,000 (US$ 4.88 b)

Total

Cess and Market borrowings : External Assistance : BOT/ SPV :

42,266 (US$ 9.39 b) 15,471 (US$ 3.43 b) 28,902 (US$ 6.42 b)

Summary of BOT Toll based Projects

Category Awarded No of Contracts NHDP Phase I 9 Length (in km) 464 Total Project Cost (Rs. crore) [US$ b] 3443 [0.76] 5371.06 [1.19] 5752 [1.27] 14566.06 [3.23] Grant (Rs. crore) [US$ b] Completed No of Contracts 6 Length ( in km) 287

718.99 [0.15] (20.88%) -103.38 [-0.02] (-1.92%) 491.91 [0.10] (8.55%) 1107.61 [0.24] (7.6%)

NHDP Phase II

16

812.86

NHDP Phase II

17

1090

30

Total

42

2356.86

317

Though allowed upto 40% the overall grant was 7.6%

Summary of BOT (Annuity) based Projects

Category Awarded Total Project Cost (Rs. crore) [US$ b] 2354 [0.54] Annuity (Rs. crore) [US$ b] Completed

No of Contracts NHDP Phase I 8

Length (in km) 476

No. of Contracts 2888 [0.64] (12.23%) 8

Length ( in km) 476

NHDP Phase II

299

2121 [0.47]

199 [0.04] (9.38%)

Total

12

775

4475 [0.99]

487 [0.97] (10.88%)

476

Some Successful BOT Projects

Jaipur to Kishangarh section of NH-8 BOT Project

Concession Period : Construction Period : Commencement Date : Contractual Completion Date: Actual Completion Date : Project Cost : Means of Finance :

Expected Revenue

Actual Revenue

20 years 30 months 17.3.2003 17.9.2005 9.4.2005 (5 months ahead of schedule) 614.50 Crore [US$ 0.13 b] i) Equity capital 101.17 Cr. (US$ 0.02 b) ii) Grant by NHAI 211.00 Cr. (US$ 0.04 b) iii) Debt 302.33 Cr. (US$ 0.06 b) Rs. 102.19 Cr. [~US$ 0.022 b] (year ending 31st March 2006) Rs. 110.82 Cr. [~US$ 0.046 b] (year ending 31st March 2007) Rs. 117.28 Cr. [~US$ 0.026 b] (year ending 31st March 2008) Rs. 98.46 Cr. [~US$ 0.021 b] (year ending 31st March 2006)

Some Successful BOT Projects (Contd.)

Neelamangala Tumkur of NH 4 BOT Project

Cost of project NHAI grant Concession period Start date of concession period Construction period

: : : : :

Rs. 1550 million (US$ 34.44 m) Rs. 248.30 million (US$ 5.51 m) 19 years and 29 days (including 24 months of Construction period) 23.6.2002 State date Schedule completion date Extended completion date Actual completion date/ COD 10.2.2004 22.7.2021 1.6.2002 20.11.2003 29.12.2003 9.2.2004

Commencement of toll collection

Schedule end date of concession : Including approved extension of 29 days

Some Successful BOT Projects (Contd.)

Neelamangala Tumkur of NH 4 BOT Project (Contd.) Revenue collected

Sl. No. 1 2 3

Year

Expected revenue (Rs. in crore) NIL 29.63 32.77

2003-04 2004-05 2005-06

Actual revenue collected (Rs. in crore) [US$ b) 2,55,91,775/[56.87] 19,88,37,326/[44.18] 25,30,58,209/[56.23]

Dkm1

Infrastructure Improvement

Slide 43 Dkm1
D.K.Mohapatra EE (B), 16/04/2006

Jaipur- Kishangarh Service Road

Flyover and Service Road

Chevron Chevron Signs Signs at at Curve Curve

LEGEND
AH NHDP I & II NHDP III SARDP - NE