Regional : Development of a Legal Framework and Documentation Conducive to Viable Private Sector Renewable Energy and Energy Efficiency Projects
The knowledge and support technical assistance (TA) will assist ADB's developing member countries (DMCs) in creating a legal and regulatory framework which is conducive to the development of renewable energy and energy efficiency projects which meet the basic commercial viability and bankability requirements of national and international private sector investors. Additionally, the TA will assist with the development of market-standard legal templates for project documents and bidding documents and related procedures for public tenders for concessions. Further, recognizing the importance of predictable, rule-of-law based legal regimes for investor confidence, the TA will support the creation of regulatory frameworks which encourage investment in energy efficiency projects and projects which support the transition to electric transport.
Project Details
-
Project Officer
Quaggiotto, Daniele
Office of the General Counsel
Request for information -
Country/Economy
Regional -
Sector
- Energy
| Project Name | Development of a Legal Framework and Documentation Conducive to Viable Private Sector Renewable Energy and Energy Efficiency Projects | ||||||||
| Project Number | 54049-001 | ||||||||
| Country / Economy | Regional Bhutan Fiji Indonesia |
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| Project Status | Active | ||||||||
| Project Type / Modality of Assistance | Technical Assistance |
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| Source of Funding / Amount |
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| Operational Priorities | OP1: Addressing remaining poverty and reducing inequalities OP3: Tackling climate change, building climate and disaster resilience, and enhancing environmental sustainability OP6: Strengthening governance and institutional capacity |
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| Sector / Subsector | Energy / Energy sector development and institutional reform |
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| Gender | No gender elements | ||||||||
| Description | The knowledge and support technical assistance (TA) will assist ADB's developing member countries (DMCs) in creating a legal and regulatory framework which is conducive to the development of renewable energy and energy efficiency projects which meet the basic commercial viability and bankability requirements of national and international private sector investors. Additionally, the TA will assist with the development of market-standard legal templates for project documents and bidding documents and related procedures for public tenders for concessions. Further, recognizing the importance of predictable, rule-of-law based legal regimes for investor confidence, the TA will support the creation of regulatory frameworks which encourage investment in energy efficiency projects and projects which support the transition to electric transport. | ||||||||
| Project Rationale and Linkage to Country/Regional Strategy | Many DMCs have experienced several years of sustained economic growth which has led to an increase in power demand and consumption. The sustained period of growth has come at a great environmental expense and has made air pollution a major risk to public health and driven up energy-related carbon dioxide emissions. UN Sustainable Development Goal 7 highlights the urgent need for an increase in renewable energy use and for the adoption of energy efficiency measures to reduce the reliance on fossil fuels by the energy industry. Renewable energy and energy efficiency are central to achieving these international goals. Transitioning to a green, climate resilient economy is paramount to ensure that DMCs can reduce their greenhouse gas emissions and better hedge against climate change risks. Governments of the DMCs do not have the financial resources to cover the scale of investments required to support the creation of a more sustainable and greener economy. One way to help DMCs to fill the funding gap for the expansion of renewable energy and energy efficiency is to attract financing and expertise from private sector developers and investors through the creation of a favourable regulatory environment and the introduction of support schemes. Creating a legal and regulatory framework that is clear and predictable is key to attracting interest from international developers and financiers. In the case of energy efficiency projects, clear regulations introducing mandatory energy efficiency standards and appropriate incentives to adopt energy efficiency measures are crucial to create a legal environment that reduces the cost of the financing provided by banks. The proposed TA is consistent with ADB Strategy 2030, which (i) identifies tackling climate change and enhancing environmental sustainability as operational priorities; (ii) includes preparing viable and bankable private sector projects and scaling up support for public-private partnerships as part of its efforts to expand private sector operations; and (iii) recognizes the need for differentiated approaches to groups of countries. |
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| Impact | Increased deployment of renewable energy sources and energy efficiency improvements in the energy mix of selected DMCs |
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| Project Outcome | |
|---|---|
| Description of Outcome | A legal and regulatory framework conducive to the development of renewable energy and energy efficiency projects that meet the basic viability and bankability requirements of national and international private sector investors |
| Progress Toward Outcome | |
| Implementation Progress | |
| Description of Project Outputs | Gap analysis of the legislative and regulatory framework that governs renewable energy or energy efficiency projects in the DMCs undertaken Amendments to existing legislation or regulations, or new legislation or regulations drafted based on the results of the gap analysis under output 1 Standard documentation that meets the requirements for bankability and/or standards of international best practice drafted |
| Status of Implementation Progress (Outputs, Activities, and Issues) | |
| Geographical Location | Bhutan - Nation-wide; Fiji - Nation-wide; Indonesia - Nation-wide |
| Summary of Environmental and Social Aspects | |
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| Environmental Aspects | |
| Involuntary Resettlement | |
| Indigenous Peoples | |
| Stakeholder Communication, Participation, and Consultation | |
| During Project Design | |
| During Project Implementation | |
| Responsible ADB Officer | Quaggiotto, Daniele |
| Responsible ADB Department | Office of the General Counsel |
| Responsible ADB Division | Office of the General Counsel |
| Executing Agencies |
Asian Development Bank |
| Timetable | |
|---|---|
| Concept Clearance | 19 Nov 2020 |
| Fact Finding | 07 Dec 2020 to 12 Dec 2020 |
| MRM | - |
| Approval | 18 Dec 2020 |
| Last Review Mission | - |
| Last PDS Update | 18 Dec 2020 |
TA 6689-REG
| Milestones | |||||
|---|---|---|---|---|---|
| Approval | Signing Date | Effectivity Date | Closing | ||
| Original | Revised | Actual | |||
| 18 Dec 2020 | - | 18 Dec 2020 | 31 Dec 2023 | 31 Dec 2024 | - |
| Financing Plan/TA Utilization | Cumulative Disbursements | |||||||
|---|---|---|---|---|---|---|---|---|
| ADB | Cofinancing | Counterpart | Total | Date | Amount | |||
| Gov | Beneficiaries | Project Sponsor | Others | |||||
| 800,000.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 800,000.00 | 19 Jul 2023 | 80,140.00 |
Project Data Sheets (PDS) contain summary information on the project or program. Because the PDS is a work in progress, some information may not be included in its initial version but will be added as it becomes available. Information about proposed projects is tentative and indicative.
The Access to Information Policy (AIP) recognizes that transparency and accountability are essential to development effectiveness. It establishes the disclosure requirements for documents and information ADB produces or requires to be produced.
The Accountability Mechanism provides a forum where people adversely affected by ADB-assisted projects can voice and seek solutions to their problems and report alleged noncompliance of ADB's operational policies and procedures.
In preparing any country program or strategy, financing any project, or by making any designation of, or reference to, a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
| Title | Document Type | Document Date |
|---|---|---|
| Development of a Legal Framework and Documentation Conducive to Viable Private Sector Renewable Energy and Energy Efficiency Projects: Technical Assistance Report | Technical Assistance Reports | Dec 2020 |
Safeguard Documents See also: Safeguards
Safeguard documents provided at the time of project/facility approval may also be found in the list of linked documents provided with the Report and Recommendation of the President.
None currently available.
Evaluation Documents See also: Independent Evaluation
None currently available.
Related Publications
None currently available.
The Access to Information Policy (AIP) establishes the disclosure requirements for documents and information ADB produces or requires to be produced in its operations to facilitate stakeholder participation in ADB's decision-making. For more information, refer to the Safeguard Policy Statement, Operations Manual F1, and Operations Manual L3.
Requests for information may also be directed to the InfoUnit.
Tenders
| Tender Title | Type | Status | Posting Date | Deadline |
|---|---|---|---|---|
| Senior Climate Change Legal and Policy Expert | Individual - Consulting | Closed | ||
| Senior Legal Counsel specialised in the areas of private public partnerships and energy efficiency with a specific focus on municipal street lighting | Individual - Consulting | Closed | ||
| Legal Counsel specialised in the areas of private public partnerships and energy efficiency with a specific focus on municipal street lighting | Individual - Consulting | Closed |
Contracts Awarded
Procurement Plan
None currently available.