Environmental Assessment and Review Framework Document Stage: Draft for consultation Project Number: 49107-003 May 2018 IND: Tamil Nadu Urban Flagship Investment Program Prepared by Tamil Nadu Urban Infrastructure Financial Services Limited of the Government of Tamil Nadu for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 11 May 2018) Currency Unit – Indian rupee (₹) ₹1.00 = $0.015 $1.00 = ₹67.09 ABBREVIATIONS ADB – Asian Development Bank ASI – Archaeological Survey of India CMA – Commissioner of Municipal Administration CMSC – construction management and supervision consultant CMWSSB – Chennai Water Supply and Sewerage Board CPCB – Central Pollution Control Board CRZ – Coastal Regulation Zone CTE – consent to establish CTO – consent to operate DPR – detailed project report EAC – expert appraisal committee EAR – environmental assessment report EARF – environmental assessment and review framework ECSMF – environmental, climate change and social management framework EHS – environment, health and safety EIA – environmental impact assessment EMP – environmental management plan ESF – environmental and social framework ESMF – environmental and social management framework ESS – environmental and social safeguard ESZ – eco sensitive zone GOTN – Government of Tamil Nadu IEE – initial environmental examination IUCN – International Union for Conservation of Nature MAWS – Municipal Administration and Water Supply MFF – multitrance financing facility MOEFCC – Ministry of Environment, Forest and Climate Change NEP – National Environment Policy NOC – no objection certificate O&M – operation and maintenance PIU – program implementation unit PMU – program management unit REA – rapid environmental assessment ROW – right-of-way SPS – Safeguard Policy Statement STP – sewage treatment plant TNPCB – Tamil Nadu Pollution Control Board TNUDF – Tamil Nadu Urban Development Fund TNUDP – Tamil Nadu Urban Development Project TNUFIP – Tamil Nadu Urban Flagship Investment Program TNUIFSL – Tamil Nadu Urban Infrastructure Financial Services Limited ULB – urban local body UNFCCC – United Nations Framework Convention on Climate Change UNESCO – United Nations Educational, Scientific and Cultural Organization WTP – water treatment plant NOTE In this report, "$" refers to United States dollars. This environmental assessment and review framework is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section on ADB’s website. 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. CONTENTS Page EXECUTIVE SUMMARY I. INTRODUCTION 1 A. Background 1 B. Proposed Tamil Nadu Urban Flagship Investment Program 1 C. Purpose and Overview of the Environmental Assessment and Review Framework 5 II. ASSESSMENT OF LEGAL FRAMEWORK AND INSTITUTIONAL CAPACITY 6 A. Country Environmental Safeguard Policies 6 B. International Environmental Agreements 20 C. ADB’s Safeguard Policy Statement (SPS) 2009 Requirements 25 D. Compatibility between Country’s and ADB Safeguard Policy 26 E. Institutional Capacity in Environmental Safeguards 27 III. ANTICIPATED ENVIRONMENTAL IMPACTS 32 IV. PROCESS TO BE FOLLOWED FOR TNUFIP SUBPROJECTS 39 A. Environment Category 39 B. Project Selection Guidelines 40 C. Environmental Assessment Process for Subprojects 42 D. Monitoring and Reporting 45 V. CONSULTATION, INFORMATION DISCLOSURE, AND GRIEVANCE REDRESS MECHANISM 47 A. Public Consultation 47 B. Information Disclosure 49 C. Grievance Redress Mechanism 50 VI. INSTITUTIONAL ARRANGEMENTS AND RESPONSIBILITIES 54 A. Implementation Arrangements 54 B. Safeguard Implementation Arrangement 55 C. Institutional Capacity and Development 61 D. Staffing and Budget 62 VII. MONITORING AND REPORTING 64 APPENDIXES 1. Forest Coverage in Tamil Nadu 2. Protected Areas in Tamil Nadu (Wildlife/Bird Sanctuaries, National Parks and Biosphere Reserves) 3. List of Monuments of National Importance in Tamil Nadu 4. Internationally Recognized Environmental Standards 5. ADB and Government Requirements for TNUFIP Implementation 6. Environmental Standards 7. Drinking Water Standards 8. Rapid Environmental Assessment Checklist 9. Outline Contents of Initial Environmental Examination Report 10. Proceedings of Subproject Level Stakeholder Consultation Meeting 11. Public Information Notice Template 12. Sample Grievance Registration Form 13. Generic Design-Stage Environmental Impacts and Mitigation Measures of Water Supply and Sewerage Projects 14. Generic Construction-Stage Environmental Impacts and Mitigation Measures of Water Supply and Sewerage Projects 15. Generic Operation-Stage Environmental Impacts and Mitigation Measures of Water Supply and Sewerage Projects 16. Sample Construction Site Checklist for EMP Monitoring 17. Semi-Annual Environmental Monitoring Report Template EXECUTIVE SUMMARY Background. The Tamil Nadu Urban Flagship Investment Program (TNUFIP) will advance India’s national urban flagship programs to develop priority urban and environmental infrastructure in ten cities located within strategic industrial corridors of Tamil Nadu (the State), including those within the East Coast Economic Corridor, to enhance environmental sustainability, climate resilience, and livability. It will also strengthen the capacity of state and local institutions and improve urban governance. TNUFIP is aligned with the following impacts: (i) universal access to basic water and sanitation services achieved; (ii) “world-class” cities and industrial corridors across the state developed; and (iii) water security, reduced vulnerability to climate change in urban areas, and enhanced share of renewable energy achieved. TNUFIP will have the following outcome: livability and climate resilience in at least ten cities in priority industrial corridors enhanced. Proposed TNUFIP. The TNUFIP is structured under three outputs: (i) climate-resilient sewage collection and treatment, and drainage systems developed in at least eight cities; (ii) water supply systems in at least five cities improved with smart features; and (iii) institutional capacity, public awareness, and urban governance strengthened. TNUFIP will be implemented over an 8-year period beginning in 2018, and will be funded by Asian Development Bank (ADB) via its multitranche financing facility (MFF). The executing agency is the Department of Municipal Administration and Water Supply (MAWS) of the State acting through the Tamil Nadu Urban Infrastructure Financial Services Limited (TNUIFSL) who will establish a program management unit (PMU). The urban local bodies (ULBs) will be the implementing agencies for projects and will establish program implementing units (PIU). For water and sewerage works in Chennai, the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) will be the implementing agency. Under this MFF project, projects/components that are likely to have significant adverse environmental impacts that are irreversible, diverse or unprecedented will not be considered for implementation. Purpose and Overview of the Environmental Assessment and Review Framework. As the TNUFIP is funded by ADB’s MFF in three separate tranches, and at present subprojects of Tranche 1 are prepared while the subprojects to be implemented under future tranches will be prepared after ADB Board approval of the MFF loan. For MFF projects with potential environmental impacts, ADB Safeguard Policy Statement (SPS) 2009, requires the borrower’s agreement with ADB on an environmental assessment and review framework (EARF) before ADB approves the MFF. An EARF clarifies safeguard principles and requirements governing screening and categorization, environmental assessment, and preparation and implementation of safeguard plans of subprojects to be prepared after MFF approval. The purpose of EARF is to ensure that the subprojects implemented under MFF comply with ADB safeguard objectives, principles and requirements. This EARF specifies the requirements that will be followed in screening and categorization, assessment, and planning, including arrangements for meaningful consultation with affected people and other stakeholders and information disclosure requirements. The EARF ensures that all subprojects, in the entirety of their project cycle, will not deteriorate or interfere with the environmental sensitivity of a project area, but rather improve environmental quality. ii Assessment of Legal Framework and Institutional Capacity. Country Environmental Safeguard Policies: There are various other acts, rules, policies and regulations currently in force in India that deal with environmental issues that could apply to infrastructure development. This includes the Environmental Protection Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Indian Wildlife (Protection) Act, 1972 amended 1993 and Rules 1995; Wildlife (Protection) Amendment Act, 2002, Forest (Conservation) Rules, 1981 amended 1992 and 2003, Contract Labour (Regulation and Abolition) Act, 1970, The National Green Tribunal (NGT) Act, 2010, Ancient Monuments and Archaeological Sites and Remains Acts, 1958, its Rules,1959 and notification, 1992, The Building and Other Construction