Solar open access in India no longer rests on one central rule. The 2022 Green Energy Open Access Rules set a 100 kW entry point. A High Court ruling and uneven state adoption mean the answer now depends on your state commission. This guide explains where solar open access stands in 2026 and what to check before you sign a project.
Quick answer. In 2026, green energy open access in India is governed in practice by each State Electricity Regulatory Commission (SERC). The Ministry of Power’s 2022 Rules cut the eligibility threshold from 1 MW to 100 kW. The Karnataka High Court struck those Rules down in a ruling reported in January 2025. Always read your SERC’s current regulation and charges before you commit.
TL;DR
- The central Rules were notified on 6 June 2022 and set a 100 kW threshold for green energy open access.
- A May 2023 amendment let consumers add up connections in the same electricity division to reach 100 kW.
- The Karnataka High Court struck down the Rules and Karnataka's matching regulations. Reports appeared on 8 and 9 January 2025.
- State regulations decide eligibility, approval time, banking and charges. They differ from state to state.
- Check the status of any appeal and your SERC's latest order before you finalise a design or a PPA.
This guide is for C&I energy buyers, developers and EPCs planning open access solar in 2026. For the cost stack, read our open access solar guide for industry. This page covers the legal and state position only.
What the Green Energy Open Access Rules Changed
The Ministry of Power notified the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022 on 6 June 2022. A summary by Khaitan & Co (2022) sets out the main changes:
- the open access threshold for green energy fell from 1 MW to 100 kW;
- captive consumers have no minimum load;
- an application not decided in 15 days is deemed approved;
- a central nodal agency runs a single-window portal.
The Second Amendment Rules, dated 23 May 2023, allow consumers to combine connections. Several connections totalling 100 kW or more in the same electricity division of a distribution licensee can qualify. The amendment text is listed on the MNRE centre rules page.
The Karnataka High Court Ruling and What It Means
The Karnataka High Court struck down the 2022 Rules. It held that the Electricity Act gives state commissions, not the Centre, the power to regulate open access. That is the account in Bar & Bench (9 January 2025).
The same ruling struck down Karnataka’s own green energy open access regulations of 2022. They were found to have been framed only to match the central Rules, according to Mercom India (2025). Our Karnataka solar policy guide covers the state’s other rules.
For a buyer, the practical effect is simple. Rely on your SERC’s own regulation, not on the central Rules. We could not confirm the status of any appeal at the time of writing, so check it with your legal adviser.
How States Have Adopted Solar Open Access in India by 2026
States moved at different speeds. The Institute for Energy Economics and Financial Analysis (IEEFA) reviewed state adoption in December 2024. It found that most states had aligned eligibility with the 100 kW threshold. It also found that many had changed other parts, such as approval timelines and added charges. See the IEEFA report (2024).
The table records state actions we could verify. It is not a complete list of states.
| State | Verified action | Source |
|---|---|---|
| Karnataka | KERC green energy open access regulations, 2022 struck down with the central Rules. KERC then issued its Open Access Regulations, 2025 (dated 26 March 2025), with a 100 kW threshold for non-captive consumers | Mercom India, 2025; Renewable Watch, April 2025 |
| Haryana | HERC amended its 2023 green energy open access regulations in February 2025 to allow combined connections | SolarQuarter, 2025 |
| Rajasthan | RERC finalised the green energy open access procedure, with RVPNL as state nodal agency | Saur Energy, December 2025 |
For other states, start with the SERC website and the state policy notes in our state solar policies guide. Glossary entries cover KERC, MERC, GERC and TNERC.
Solar Open Access State Checklist for 2026
Use this list for any state before you size a plant or sign a power purchase agreement (PPA). Every item comes from the SERC regulation or tariff order in force.
| Check | Where to find it | Why it matters |
|---|---|---|
| Eligibility threshold and connection aggregation | SERC green energy open access regulation | Decides whether a 100 kW to 1 MW consumer can apply |
| Approval timeline and nodal agency | Regulation and STU or SLDC procedure | Sets your project schedule |
| Banking period and charges | Regulation and tariff order | Changes how much generation the buyer can use |
| Cross-subsidy surcharge and additional surcharge | Current tariff order | Main driver of landed cost |
| Wheeling and transmission charges | Current tariff order | Adds to landed cost per kWh |
| Captive or group captive rules | Regulation | Can change which surcharges apply |
| Scheduling and metering rules | Grid code and procedure | Sets metering design and forecasting needs |
Run the numbers with the current tariff order, not an old one. Charges change with each order.
What Changes for Plant Design and Engineering
The state rules feed straight into design. Banking limits change the right DC size. Scheduling rules decide whether you need forecasting and special meters.
Connection voltage depends on plant size and the state’s grid rules. Our glossary entry on CTU and STU explains who owns which network. Our STU vs CTU transmission planning guide covers the connection choice in more depth. For engineering, our ground-mount solar design service covers layouts and connection drawings. Our site survey and feasibility service checks land and evacuation before you commit.
Open Access vs Rooftop for 2026 Buyers
Open access suits buyers whose roofs cannot meet their load. Rooftop suits buyers with good roof space and lower demand. The table is a starting point, not a verdict.
| Factor | Open access | Rooftop |
|---|---|---|
| Size limit | Set by load and state rules | Set by roof area and DISCOM limits |
| Approval body | SERC rules, STU or SLDC, DISCOM | DISCOM, often CEIG |
| Exposure to state charge changes | High | Low |
| Ownership options | Captive, group captive, third-party PPA | CAPEX, OPEX or RESCO |
Our comparison of PPA vs CAPEX vs OPEX covers the commercial models.
FAQ
Is the 100 kW open access limit still valid in 2026? It depends on your state. Where the SERC’s own regulation sets 100 kW, that regulation applies. Check the current text with your SERC.
Did the Karnataka ruling apply to all of India? The judgment came from the Karnataka High Court. Its effect outside Karnataka is a legal question. Ask your legal adviser and check for appeals.
Where do I apply for green energy open access? Apply through the nodal agency your state names. In Rajasthan, Saur Energy reports that RVPNL is the state nodal agency.
Next Step
Get your state’s current regulation and tariff order first, then size the plant. When you have a site and a load profile, send them through our project quote form for a feasibility layout. We reply within 1 business day.
Last reviewed: 6 October 2026. Next review: January 2027, or sooner if an appeal ruling or new SERC regulation is issued.