JSA Newsletter | Environment_ESG | August 2026 Edition

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Regulatory updates

List of manufacturers and models of solar photovoltaic modules under the ALMM Order, 2019

The Ministry of New and Renewable Energy (“MNRE”), vide office memorandum dated August 3, 2026, has updated List-I of the ALMM Order, 2019 relating to manufacturers and models of solar photovoltaic (“PV”) modules.

Key takeaway: Developers and engineering, procurement and construction contractors should confirm that the specific manufacturers and module models they plan to buy appear in the updated List-I before finalising supply contracts. Approved List of Models and Manufacturers (“ALMM”) listed modules remain mandatory for projects covered by the ALMM Order.

Clarification on applicability of ALMM List-II for solar PV cells

MNRE, vide office memorandum dated August 4, 2026, has issued clarifications on the applicability of ALMM List-II for solar PV cells in relation to projects awarded through bidding, net-metering and open access projects, Rooftop Solar (“RTS”) projects on Government buildings and behind-the-meter projects.

Some of the key clarifications are as follows:

• projects where the last date for bid submission was on or before August 31, 2025, are exempt from ALMM List-II for solar PV cells, provided that the relevant bids were live as on July 28, 2025. However, where tenders with a bid submission deadline between December 9, 2024 and July 28, 2025 specifically required the use of ALMM List-II solar PV cells, such tender conditions will continue to apply and will not be automatically overridden or relaxed by the July 28, 2025 clarification;
• projects commissioned on or before December 31, 2026 under net-metering or open access arrangements are exempt from ALMM List-II for solar PV cells. However, compliance with ALMM List-I for solar PV modules continues to be mandatory. Residential RTS consumers or projects for residential buildings availing net-metering under the “Give It Up Subsidy” option of the PM Surya Ghar: Muft Bijli Yojana (“PMSG”) are exempt from ALMM List-II until March 31, 2027, subject to applications being made through the PMSG National Portal;
• RTS projects on Government buildings awarded through bidding are exempt from ALMM List-II where the last date for bid submission was on or before December 9, 2024 or was between July 28, 2025 and August 31, 2025. Where the last date for bid submission was between December 9, 2024 and July 28, 2025, the applicability of ALMM List-II will be governed by the relevant tender conditions. Projects where the last date was after August 31, 2025 are not exempt from ALMM List-II;
• RTS projects on Government buildings under net-metering or open access which were not awarded through bidding and are commissioned on or before December 31, 2026 are exempt from ALMM List-II, while projects commissioned after December 31, 2026 are not exempt;
• ALMM List-I and List-II do not apply to behind-the-meter solar power plants used solely for captive consumption by a consumer or group of consumers, other than Government entities or public sector enterprises. Behind-the-meter projects for captive consumption of Government entities or public sector enterprises must use ALMM-listed solar PV modules in all cases , and are exempt from ALMM List- II for solar PV cells only if commissioned on or before December 31, 2026. . Such projects commissioned after December 31, 2026 must use both ALMM-listed solar PV modules and ALMM-listed solar PV cells; and
• ALMM orders and office memoranda do not relax the Domestic Content Requirement (“DCR”) provisions under MNRE schemes, which will continue to be governed by the guidelines of the respective schemes.

Key takeaway: Exemptions from ALMM List-II depend on the bid submission date, the commissioning date and the type of project. Developers should check each project against these cut-offs, especially the December 31, 2026 commissioning deadline for net-metering, open access and Government behind-the-meter projects. Government and public sector undertaking behind-the-meter projects must always use ALMM-listed modules.

Amendments to PM Electric Drive Revolution in Innovative Vehicle Enhancement Scheme

The Ministry of Heavy Industries, vide notification dated August 10, 2026, has amended the PM Electric Drive Revolution in Innovative Vehicle Enhancement (“PM E-DRIVE”) Scheme (“Scheme”). The amendments extend the Scheme period and revise certain provisions relating to incentives for electric two-wheelers, utilisation of funds and submission of claims.

Some of the key amendments are as follows:

• the PM E-DRIVE Scheme has been extended until March 31, 2028 for promoting the adoption of Electric Vehicles (“EVs”), setting up charging infrastructure and developing the EV manufacturing ecosystem in India;
• the maximum number of registered electric two-wheelers (“e-2Ws”) eligible for support has been specified as 45,79,120 vehicles, with an incentive of INR 2,500 (Indian Rupees two thousand five hundred) per kWh, capped at INR 5,000 (Indian Rupees five thousand per vehicle, for the period from April 1, 2025 to March 31, 2028, subject to the incentive being limited to the lower of the specified amount or 15% of the ex-factory price of the vehicle, and to vehicles with an ex-factory price of up to INR 1.5 lakh (Indian Rupees one lakh and fifty thousand). The total outlay for e-2Ws has been set at INR 2,767 crore (Indian Rupees two thousand seven hundred and sixty-seven crore). The incentive amount may be reviewed from time to time based on reductions in vehicle costs;
• where the funds allocated to the PM E-DRIVE Scheme or any of its components are exhausted before March 31, 2028, the relevant Scheme or component will be closed and no further claims will be entertained;
• the last date for submission of claims under any Scheme component has been prescribed as December 31, 2027; and
• the notification records that the target sales for the registered e-3W (L5) segment had already been achieved and that this segment was closed on December 26, 2025.

Key takeaway: The Scheme outlay is now INR 11,900 crore (Indian Rupees eleven thousand nine hundred crore) and the Scheme is fund-limited. Electric two-wheeler manufacturers should plan around an incentive of INR 2,500 (Indian Rupees two thousand five hundred) per kWh, capped at INR 5,000 (Indian Rupees five thousand) per vehicle, and file claims well before the December 31, 2027 cut-off, as individual components may close early once funds run out.

Requirements for inverter-level generation data and storage of data for RTS systems

MNRE, vide office memorandum dated August 17, 2026, has issued directions regarding the storage, security and sharing of inverter-level generation data for RTS systems installed under the PMSG. The directions seek to ensure data residency within India, strengthen cyber-security and facilitate the sharing of generation data with the National Portal.

Some of the key requirements are as follows:

• inverter Original Equipment Manufacturers (“OEMs”)/manufacturers are required to ensure that all applications, monitoring and control servers and real-time data relating to RTS systems under PMSG, including data hosted on cloud platforms, are stored in an encrypted, secure and protected environment and reside exclusively within India;
• inverter OEMs are required to include the warranty for data loggers as part of the inverter warranty;
• inverter OEMs/manufacturers are required to provide written confirmation to the REC Limited (“REC”), with a copy to MNRE, within 30 (thirty) days from August 17, 2026, confirming compliance with the earlier MNRE guidelines on secure communication of generation data and the requirement to maintain inverter-level data, including generation data, on servers or cloud platforms located within India;.
• inverter OEMs/manufacturers that fail to furnish the confirmation within the stipulated 30-day period will not be permitted to install their systems on RTS installations under PMSG; and
• inverter OEMs are required to provide daily cumulative generation data, mapped against the inverter serial number or such other unique identifier as may be specified by MNRE, to the National Portal through an Application Programming Interface (“API”) for installations under PMSG.

Key takeaway: Inverter makers supplying under PM Surya Ghar that have not filed their written confirmation with REC (due within 30 (thirty) days of August 17, 2026) risk being barred from further installations. They should also make sure all servers and cloud data are hosted in India, and that data-logger warranties and API-based data sharing with the National Portal are in place.

Compliance requirements under the ALMM(Wind) Procedure

MNRE, vide office memorandum dated August 20, 2026, has requested OEMs enlisted under the ALMM of Wind Turbines (“ALMM (Wind)”) to submit, by August 31,2026, documentary evidence demonstrating compliance with the cyber-security requirements introduced through the amendment to the ALMM (Wind) Procedure dated July 31, 2025. The requirements relate to data localisation, restrictions on transfer of real-time operational data and establishment of an research and development centre in India.

Some of the key requirements are as follows:

• OEMs are required to provide their compliance status, along with documentary evidence, in the format prescribed;
• OEMs are required to ensure that data centres and/or servers are located in India and that all data pertaining to wind turbines is stored and maintained within India. OEMs are required to provide details of the local data server, including its name and location, together with documentary evidence of compliance;
• the transfer of real-time operational data outside India is prohibited, and operational control of wind turbines is required to be conducted exclusively from a facility located in India. OEMs are required to provide details of their local control centre, including its location, manpower and equipment, as well as the measures implemented to prevent control from outside India;
• OEMs are required to establish a research and development centre in India within 1 (one) year from the issuance of the relevant amendment to the ALMM (Wind) procedure. Details of the local research and development centre, including the manpower engaged, are required to be furnished as evidence of compliance; and
• OEMs are required to indicate their compliance status against each requirement as “Complied”, “Partially complied” or “Not complied” in the prescribed format.

Key takeaway: Wind turbine makers should keep records of their India-based data centres, local control centres and research and development centres ready for inspection. MNRE asked for compliance status by August 31, 2026 and plans random checks. The one-year window to set up the research and development centre ended on July 31, 2026.

Advisory on extension of timelines for RE projects due to force majeure

MNRE, vide office memorandum dated August 21, 2026, has issued an advisory regarding extension of timelines for implementation of Renewable Energy (“RE”) power projects affected by the West Asia situation. The advisory provides for consideration of extensions to Scheduled Commencement of Supply Date (“SCSD”) and Scheduled Commissioning Date (“SCD”) under the force majeure provisions of the applicable Power Purchase Agreements (“PPAs”).

Some of the key clarifications are as follows:

• the standard bidding guidelines for procurement of renewable power, including solar, wind, hybrid and firm and dispatchable RE projects, require PPAs to contain provisions relating to the definition, exclusions, applicability and relief available in respect of force majeure events;
• the Department of Expenditure, Ministry of Finance, vide office memorandum dated April 29, 2026, has clarified that the West Asia situation should be treated as a war event and provided for time-extension of up to 4 (four) months on account of the situation;
• RE Implementing Agencies (“REIAs”), including Solar Energy Corporation of India Limited, NTPC Limited, NHPC Limited and SJVN Limited, and the concerned power/energy/RE Departments of State/Union Territory Governments and their agencies, may consider granting an extension of up to 4 (four) months to the SCSD/SCD of RE power projects whose SCSD/SCD, or extended SCSD/SCD, falls on or after February 28, 2026. Such extensions are to be considered in accordance with the force majeure provisions and the contractual procedure prescribed under the relevant PPA; and
• MNRE has also requested the Ministry of Power to issue orders for similar relief to affected RE power project developers, to the extent of the force majeure relief declared, in relation to providing or extending General Network Access (“GNA”)/connectivity without penalty and continuation of the Inter-State Transmission System waiver/concession for the extended project period. The Central Transmission Utility of India Limited has similarly been requested to take appropriate action regarding GNA/connectivity.

Key takeaway: Developers affected by the West Asia situation may seek up to four months’ extension of their scheduled commencement of supply or commissioning dates. The relief is not automatic: claims must follow the force majeure notice and procedure in the relevant PPA. Matching relief on grid connectivity and transmission charge waivers depends on separate orders from the Ministry of Power.

Alignment of Cyber Incident Reporting Portal with FIRE format

The Securities and Exchange Board of India (“SEBI”), vide circular dated August 24, 2026, has aligned its Cyber Incident Reporting Portal with the ‘Format for Incident Reporting Exchange’ (“FIRE”) framework developed by the Financial Stability Board (“FSB”) to streamline and standardise the reporting of cyber incidents by regulated entities.

Some of the key requirements are as follows:

• regulated entities are required to report cyber incidents in accordance with the existing requirements under Annexure-O (B: Guidelines on Handling Cybersecurity Incidents) of the cybersecurity and cyber resilience framework, including reporting through the prescribed email address within 6 (six) hours and through SEBI’s incident reporting portal within 24 (twenty four) hours;
• the alignment with the FIRE framework introduces a structured approach to cyber incident reporting through common information fields, standardised definitions and consistent classification of incident attributes, with the objective of promoting harmonisation across sectors and jurisdictions;
• the cyber incident reporting portal will facilitate reporting at different stages of the incident lifecycle, including initial reporting, intermediate updates and final closure, recognising that certain information may not be available when an incident is first reported; and
• regulated entities are required to report cyber incidents through SEBI’s cyber incident reporting portal and take necessary steps to implement the requirements of the circular, including making amendments to their applicable bye-laws, rules and regulations, where required.

Key takeaway: Regulated entities should update their incident response procedures to capture the FIRE data fields and support staged reporting (initial, intermediate and closure). The existing deadlines still apply: 6 (six) hours by email and 24 (twenty four) hours on the SEBI portal.

Information Technology Resilience Index for Market Infrastructure Institutions

SEBI, vide circular dated August 24, 2026, has introduced an Information Technology Resilience Index (“ITRI”) framework for Market Infrastructure Institutions (“MIIs”) to assess the robustness and resilience of their critical IT systems and strengthen monitoring, early detection and corrective measures.

Some of the key requirements are as follows:

• the ITRI will measure the robustness of the Critical Systems of MIIs, together with other systems feeding into or related to such Critical Systems. The index will assess 9 (nine) parameters, namely availability (20%), security (20%), integrity (10%), governance (10%), reliability and monitoring (10%), business continuity (10%), modularity and flexibility (10%), scalability (5%) and other factors, including incident handling (5%);
• The Industry Standards Forum (“ISF”) of MIIs is required to finalise the sub-parameters and detailed measurement criteria for each ITRI parameter by November 30, 2026. The ISF will also formulate baseline parameters, acceptable threshold scores and a Standard Operating Procedure (“SOP”) for calculating the ITRI, along with an objective, system-driven scoring methodology to facilitate comparability across MIIs;
• MIIs are required to compute the ITRI on a half-yearly basis within 60 (sixty) days from the end of each half-year and submit a comparative analysis of 2 (two) consecutive half-years, together with corrective actions taken or proposed, to their Standing Committee on Technology (“SCOT”) and Governing Board. The computation is required to be system-driven and automatic, without manual intervention, except where manual data retrieval is required for parameters that cannot be computed automatically and such exceptions have been discussed with SCOT;
• MIIs are required to develop an Early Warning System to detect deterioration in ITRI parameters that may result in performance issues, system slowness or other disruptions, together with a framework for addressing such issues;
• MIIs are required to establish systems providing continuous visibility into service delivery to market participants, including consolidated dashboards for monitoring system and application performance, service delivery and deviations or anomalies. MIIs are also required to formulate SOPs for monitoring system availability and continuity of service delivery and flagging disruptions or deviations; and
• MIIs are required to operationalise the ITRI framework, including the Early Warning System and real-time monitoring of service delivery, by February 28, 2027. The detailed SOPs are required to be submitted to SEBI, after review by SCOT, by January 31, 2027, and the first ITRI computation under the framework will cover the half-year ending March 31, 2027.

Key takeaway:  Stock exchanges, clearing corporations and depositories have a short runway: SOPs are due to SEBI by January 31, 2027, the framework must be live by February 28, 2027, and the first index will cover the half-year ending March 31, 2027. Automating the data capture behind the index should be a priority.

Extension of deadline for filing annual returns under the Battery Waste Management Rules, 2022

The Ministry of Environment, Forest and Climate Change, vide office memorandum dated August 27, 2026, has extended the timeline for producers to file their annual returns for Financial Year (“FY”) 2025-26 under the Battery Waste Management Rules, 2022. The extension has been issued following a request from the Central Pollution Control Board (“CPCB”) citing operational and technical challenges in compiling and reconciling compliance-related data for submission through the centralised Extended Producer Responsibility (“EPR”) Portal.

Some of the key clarifications are as follows:

• the deadline for producers to file their annual returns for FY 2025-26 has been extended from June 30, 2026 to November 30, 2026; and
• producers should ensure that their annual returns for FY 2025-26 are filed by November 30, 2026 in accordance with the applicable requirements under the Battery Waste Management Rules, 2022.

Key takeaway: Battery producers have more time to reconcile their EPR data for FY 2025-26, but should not expect further relaxation. Annual returns must be filed on the centralised EPR Portal by November 30, 2026.

Mandatory registration on Common Extended Producer Responsibility Portal for entities under Plastic Waste Management Rules, 2016

CPCB, vide public notice dated August 27, 2026, has reiterated the mandatory registration requirements for entities under the Plastic Waste Management Rules, 2016 (“PWM Rules”) on the Common Extended Producer Responsibility (“CEPR”) Portal for plastic packaging. The registration requirement applies to producers, including micro and small enterprises, importers of plastic packaging and raw materials, brand owners and manufacturers of plastic raw materials and items made from compostable or biodegradable plastics, sellers and plastic waste processors engaged in specified waste processing activities. Further, the declaration or recording of purchase or sale transactions with unregistered entities on the CEPR portal will be discontinued, except for specified transactions involving micro and small brand owners and plastic waste processors.

Key takeaway: Producers, importers and brand owners should check that their suppliers and buyers are registered on the Common EPR Portal. Transactions with unregistered entities will no longer be recorded on the portal, which may make it harder to show EPR compliance.

This Newsletter has been prepared by:

Vishnu Sudarsan Partner

Sugandha Somani Gopal Partner

Asmita Maan Senior Associate

Vihaan Pathak Associate

For more details, please contact km@jsalaw.com