APPENDIX D-15:
Huanghuagou Valley Environment Comprehensive Treatmenet Project Resettlement Plan
Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan
Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project
National High-Tech Industrial Zones, Baoding City
Huanghuagou Valley Environment Comprehensive Treatment Project
Resettlement Plan
National High-Tech Industrial Zones Ltd., Baoding City July 2007
Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan
Table of Contents
1 PROJECT INTRODUCTION...... 1
1.1 BRIEF INTRODUCTION OF THE PROJECT...... 1
1.1.1 Project Composition and Scope of Land Acquisition...... 1 1.1.2 Project Impacts...... 1
1.2 PROJECT ESTIMATED SOCIO-ECONOMIC BENEFITS ...... 2
1.2.1 Social Benefits...... 2 1.2.2 Environmental Benefits...... 3 1.2.3 Economic Benefits...... 3
1.3 COST ESTIMATE AND IMPLEMENTATION PLAN ...... 3
2 PROJECT IMPACTS AND SOCIOECONOMIC STATUS OF THE PROJECT AREA..... 5
2.1 RESOURCE STATUS ...... 5
2.2 INDUSTRY ECONOMY ...... 5
2.2.1 The Secondary Industry Economy...... 5 2.2.2 Agriculture Economy...... 6 2.2.3 The Tertiary Industry Economy...... 6
2.3 BASIC TREND OF FUTURE DEVELOPMENT...... 6
2.3.1 Develop New-type Industry City...... 6 2.3.2 Enhance Environment Treatment, and Develop Environment Friendly Society ...... 7 2.3.3 Strengthen Central City Construction...... 7
2.4 PROJECT SITE STATUS ...... 7
2.4.1 Ash Field of Datang Thermal Power Plant in Baoding City ...... 8 2.4.2 Beidakeng Landfill and Its Surrounding Area ...... 8
2.5 PROJECT IMPACT AND BENEFICIAL AREA...... 10
2.5.1 Status of the Affected Areas...... 10 2.5.2 Beneficial Areas of the Project ...... 11
2.6 PROJECT IMPACT...... 11
2.6.1 Permanent Land Acquisition ...... 12 2.6.2 Temporary Land Occupation...... 12 2.6.3 Affected Enterprises ...... 12 2.6.4 Affected Villages ...... 13 2.6.5 Affected Populations...... 13 2.6.6 Affected Infrastructure ...... 14 2.6.7 Cultural Relic and Mine Resources Affected by the Project ...... 14
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2.6.8 Vulnerable Groups Affected by the Project...... 14 2.6.9 Public opinion Survey ...... 14
3 LEGAL FRAMEWORK AND POLICIES...... 17
3.1 APPLICABLE LAWS, REGULATIONS & POLICIES FOR RESETTLEMENT ...... 17
3.2 ADB POLICIES ...... 17
3.3 CHINA’S LAWS, REGULATIONS AND RELEVANT ARTICLES ...... 19
3.4 COMPENSATION PRINCIPLES OF THIS PROJECT ...... 25
3.5 COMPENSATION ELIGIBILITY CUT-OFF DATE ...... 25
3.6 DEFINITION OF THE RESETTLEMENT RATE ...... 25
3.6.1 Compensation Rate for the Affected Enterprise ...... 25 3.6.2 Compensation Rate for the Resettlement ...... 26 3.6.3 Compensation Rate for the Permanent Collective Land Acquisition ...... 26 3.6.4 Compensation Rate for the Proprietors Related with Landfill Operation ...... 26 3.6.5 Other Facilities Compensation Standard...... 27 3.6.6 Compensation Rate for the Special Items Reconstruction ...... 27 3.6.7 Other Compensation Standard ...... 27
3.7 ENTITLEMENT MATRIX ...... 29
4 RESETTLEMENT MEASURES AND RESTORATION PLAN...... 31
4.1 TASKS AND OBJECTIVES OF RESETTLEMENT ...... 31
4.1.1 Resettlement Tasks ...... 31 4.1.2 Resettlement Objectives...... 31
4.2 GUIDELINES AND PRINCIPLES FOR THE RESETTLEMENT PLAN ...... 32
4.2.1 Guidelines for Resettlement Plan...... 32 4.2.2 Principles for Resettlement Plan...... 32
4.3 RESETTLEMENT SCHEMES ...... 32
4.3.1 Resettlement Schemes for the Affected Enterprises...... 32 4.3.2 Resettlement Schemes for the Affected Village Collective...... 33 4.3.3 Resettlement Schemes for the Affected Persons...... 33
4.4 RESTORATION PLAN ...... 33
4.4.1 Objectives of the Restoration Plan...... 33 4.4.2 Restoration Plan for the Proprietors...... 34 4.4.3 Other Supportive Policies ...... 35
5 INSTITUTIONAL FRAMEWORK...... 37
5.1 INSTITUTION ESTABLISHMENT ...... 37
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5.2 INSTITUTION COMPOSITION AND THEIR DUTIES ...... 37
5.2.1 Project Resettlement Leading Group...... 37 5.2.2 Land Acquisition and Resettlement Office of Baoding City National High-tech Industrial Zone...... 37 5.2.3 Datang Thermal Power Plant in Baoding City ...... 38 5.2.4 Affected Village Committee and Affected Village Group...... 38 5.2.5 Project Design Agencies...... 38 5.2.6 External Monitoring and Evaluation Agencies...... 39
5.3 STAFF ARRANGEMENT ...... 39
5.4 INSTITUTION CONNECTION ...... 40
5.5 ENHANCEMENT MEASURES FOR RESETTLEMENT INSTITUTIONS...... 40
5.5.1 Staffing...... 40 5.5.2 Training for Resettlement Officers ...... 40
6 PUBLIC PARTICIPATION AND GRIEVANCE REDRESS...... 42
6.1 PUBLIC PARTICIPATION...... 42
6.1.1 Public Participation in the Project FSRs Period ...... 42 6.1.2 Public Participation in the Project Preparation Period ...... 43 6.1.3 Resettlement Information Booklet...... 44
6.2 PUBLIC PARTICIPATION PLAN ...... 45
6.3 GRIEVANCE REDRESS...... 46
6.3.1 Possible Grievance Redress Measures ...... 46 6.3.2 Grievance Redress Channel and Procedure ...... 47
7 RESETTLEMENT COST ESTIMATE ...... 49
7.1 DESIGN BASE AND PRINCIPLES...... 49
7.2 RESETTLEMENT COST ESTIMATE ...... 49
7.2.1 Basic Costs...... 49 7.2.2 Other Costs ...... 50 7.2.3 Contingencies...... 50
7.3 FUND DISBURSEMENT...... 51
7.3.1 Fund Disbursement Principles ...... 51 7.3.2 Fund Management...... 51
8 RESETTLEMENT IMPLEMENTATION PLAN...... 53
8.1 PRINCIPLES OF RESETTLEMENT IMPLEMENTATION ...... 53
8.2 BASIC CONTENTS...... 53
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8.3 RESETTLEMENT IMPLEMENTATION PLAN ...... 53
8.3.1 Confirmation of Demolished Physical Materials ...... 53 8.3.2 Approval of Demolition Procedures ...... 54 8.3.3 Sign of Resettlement Agreement ...... 54 8.3.4 Schedule for Resettlement Implementation ...... 54
9 MONITORING AND EVALUATION ...... 57
9.1 OBJECTIVES AND REQUIREMENTS OF MONITORING AND EVALUATION ...... 57
9.2 INTERNAL MONITORING AND EVALUATION ...... 57
9.3 EXTERNAL MONITORING AND EVALUATION ...... 58
9.4 MAIN DUTIES OF MONITORING AND EVALUATION ...... 58
9.5 SPECIAL CONSIDERATION...... 59
9.6 CONTENT AND DISTRIBUTION OF THE EXTERNAL MONITORING REPORT...... 59
9.7 EVALUATION AFTER THE RESETTLEMENT ...... 60
APPENDIX 1 OUTLINE OF EXTERNAL MONITORING ...... 61
APPENDIX 2 RESETTLEMENT INFORMATION BOOKLET...... 65
APPENDIX 3 SUMMARY OF PUBLIC MEETING SUMMARY ...... 79
APPENDIX 4 ATTACHED PICTURES...... 92
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List of Tables
TABLE 1-1 BRIEF DESCRIPTION OF PROJECT COMPOSITION...... 1 TABLE 2-1 LAND UTILIZATION STATUS OF BEIDAKENG LANDFILL AND ITS SURROUNDING AREA...... 10 TABLE 2-2 LAND ACQUISITION OF DATANG THERMAL POWER PLANT OF BAODING IN 1964...... 12 TABLE 2-3 SURVEY RESULTS OF PUBLIC OPINIONS ...... 15 TABLE 3-1 SUMMARY OF MAIN ARTICLES IN LAND ADMINISTRATION LAW AND RELEVANT POLICIES ..... 20 TABLE 3-2 REF. NO.GF [2004]28, REF. NO.GTZF [2004]238, JZ [2004]151 AND THEIR APPLICATION ...... 22 TABLE 3-3 RESETTLEMENT PRINCIPLES OF THE PROJECT...... 25 TABLE 3-4 COMPENSATION STANDARD FOR THE PROPRIETORS RELATED WITH LANDFILL OPERATION .27 TABLE 3-5 OTHER COMPENSATION STANDARD OF THE PROJECT...... 27 TABLE 3-6 ENTITLEMENT MATRIX ...... 29 TABLE 5-1 STAFF ARRANGEMENT IN RESETTLEMENT INSTITUTIONS INVOLVED IN THE PROJECT...... 39 TABLE 6-1 PUBLIC PARTICIPATION DURING THE PERIOD OF PROJECT PREPARATION ...... 44 TABLE 6-2 PUBLIC PARTICIPATION PLAN OF THE PROJECT...... 46 TABLE 7-1 RESETTLEMENT COMPENSATION COST ESTIMATE OF HUANGHUAGOU VALLEY PROJECT .... 49 TABLE 7-2 ESTIMATE OF OTHER COSTS IN THE PROJECT...... 50 TABLE 7-3 CONTINGENCIES ESTIMATE...... 50 TABLE 7-4 TOTAL LAND ACQUISITION AND RESETTLEMENT COSTS ESTIMATE OF THE PROJECT...... 51 TABLE 8-1 RESETTLEMENT IMPLEMENTATION SCHEDULE OF THE PROJECT ...... ERROR! BOOKMARK NOT DEFINED.
List of Figures
FIGURE 2-1 ASH FIELD OF DATANG THERMAL POWER PLANT IN BAODING CITY ...... 7 FIGURE 6-1 FLOW CHART OF THE GRIEVANCE REDRESS...... 48
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Foreword
National High-tech Industrial Zones, Baoding City (hereinafter “Baoding National High-tech Zone” for short), which is located in the northwest of Baoding Main Urban Area, is one of the 53 national high-tech industrial zones approved by the State Department and established in November 9, 1992. The planned area of Baoding National High-tech Zone is 14km2. Recently, the Baoding National High-tech Zone develops quite fast with an annual industrial output increase rate of over 40%. In 2005, the gross industrial output value broke through CNY 6.0 billion with a financial income over CNY 0.5 billion.
Huanghuagou Valley, which is the important branch in the upper reaches of Biayngdian Lake and runs through Baoding National High-tech Zone, takes charge of the flood draingage, flood discharge in the rainy season, and irrigation in dry season. However, Haunghuagou Valley is polluted seriously because the industry develops fast and the three industrial wastes increase. In order to improve the ecological environment and the investment environment inside the high-tech zone, Baoding City decided to start up Huanghuagou Valley Environment Comprehensive Treatment Project. The project is ranked as the important project of Baoding City for many years. Further more, the State, Provincial and City concerning departments have paid more attention to it.
The start of the proposed project will: 1) indicate the determination of the city government to improve the environment and the ADB’s support on our county environment protection; 2) caution the public that the pollution of Baiyangdian Lake is caused by human factor, and the treatment and restoration is hard to be achieved. The environment not only benefits people, but also restricts people. Therefore, people should pay more attention to the environment protection.
With the help of the ADB PPTA group, Baoding City National High-tech Industrial Zone Ltd. completed the resettlement plan. The RP is completed based on the laws and regulations of PRC, and the ADB’s policy on involuntary resettlement. The RP aims to supply schemes for land reclamation and land renovation of Ash Field in Baoding Thermal Power Palnt, and to supply schemes for field treatment of the Beidakeng Waste Landfill. According to the project design scheme, the RP will be completed based on the socio-economic investigation of the project area, and the sufficient consultation with the APs and the affected enterprises.
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Letter of Commitment
Through Ministry of Finance, Baoding Municipal Government (BMG) is applying for the loan from the Asian Development Bank (ADB) to finance the present project. Therefore, the implementation of the present project should be in compliance with ADB’s policies of Social Safeguards. This Resettlement Plan represents a key requirement of the ADB and is the key basis for land acquisition, house demolition and resettlement in the present project. This Resettlement Plan also complies with the laws of the People’s Republic of China and local regulations. Besides, for better resettlement outcome it adopts additional measures and arrangements for implementation and monitoring.
BMG hereby approves the contents of this Resettlement Plan and guarantees that resettlement budget has been included in the whole project budget and it will be made available as stipulated. BMG has discussed the draft Resettlement Plan with relevant departments and the latter have confirmed their acceptance. BMG authorizes Baoding ADB Project Management Office to be responsible for all project implementation and relevant resettlement activities. Related local governments take charge of actual subproject implementation and executing relevant resettlement.
Mayor, Baoding Municipal Government
______(signature) ______(date)
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Abbreviations
ADB Asian Development Bank APs Affected persons BMG Baoding Municipal Government CNY Chinese currency DMS Detailed Measurement Survey EA Executing agency HH Household IA Implementing agency LA Land acquisition LAR Land acquisition and resettlement MLR Ministry of Land and Recourses M&E Monitoring & Evaluation mu Chinese land area unit of measure: 1 mu = 0.0667 ha AAOV Average annual output value PMO Project management office PPTA Project preparatory technical assistance PRC People’s Republic of China RP Resettlement plan TOR Terms of reference WWTP Wastewater treatment plant
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Glossary or Terminology
Affected person (or : People (households) affected by project-related changes in use of land, water household) or other natural resources. Compensation : Money or payment in kind to which the people affected are entitled in order to replace the lost asset, resource or income. Entitlement : Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation which are due to affected people, depending on the nature of their losses, to restore their economic and social base. Income restoration : Reestablishing income sources and livelihoods of people affected Relocation : Rebuilding housing, assets, including productive land, and public infrastructure in another location. Resettlement effect : Loss of physical and non-physical assets, including homes, communities, productive land, income-earning assets and sources, subsistence, resources, cultural sites, social structures, networks and ties, cultural identity, and mutual help mechanisms. Resettlement plan : A time-bound action plan with budget setting out resettlement strategy, objectives, entitlement, actions, responsibilities, monitoring and evaluation. Vulnerable groups : Distinct groups of people who might suffer disproportionately from resettlement effects.
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Executive Summary Huanghuagou Valley Environment Comprehensive Treatment Project is a subproject of Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project, which is funded by ADB. After the implementation of the project, it will greatly improve the water quality of Huanghuagou Valley, cut off the main pollution fountain to the Baiyangdian Lake, and control the pollution of Haihe River Basin. Meanwhile, it will improve the main urban area environment, the water body and water quality of Baoding City which is good for the local people’s health.
Being entrusted by the Management Committee of Baoding City High-tech Industrial Zone, Guangzhou Hongda Engineering Consultant Corporation, together with Baoding High-tech Industrial Zone Corporation started to prepare “The Resettlement Plan of Huanghuagou Valley Environment Cmprehensive Treatment Project” in late August 2006, in accordance with the project process and the ADB’s request. Chinese version of the RP has been finished in October 2006 and was submitted to ADB experts for examination. Amendment of the RP will be completed and submitted to ADB for a review on January 31st, 2007. After the plan being approved by ADB, land acquisition, compensation and resettlement implementation plan to start in September 2007.
The total investment estimate of the Huanghuagou Project includes two main parts: 1) Ash Field of Datang Thermal Power Plant, Baoding City; 2) Comprehensive Treatment of Beidakeng Waste Landfill. All the permanent land acquisition compensation, house demolishment compensation, resettlement subsidies and relative costs will be calculated in the project total budget. The total land acquisition and resettlement compensation is CNY 287.7374 million, most of which is land acquisition compensation. The feasibility study and relevant design could be completed before March 2007, comprehensive treatment of the waste landfill and the land clearing work of the ash field will be finished in 2007, and the whole project construction will be completed in 2010. The project will last 5 years.
The project will permanently acquire 3,006.42mu land, including 2,306.42 mu land of ash field of Datang Thermal Power Plant in Baoding City, and 700mu land in and surrounding Beidakeng Landfill of Baoding City National High-tech Industrial Zone. The 2,306.42 mu of ash field land belongs to Datang Thermal Power Plant of Baoding, and the acquired 700 mu idle land in Dabeikeng Landfill is rural collective land.
The project affected areas comprise of National High-tech Industrial Zone of Baoding City, Baoding Urban Area, Lower Reaches of Huanghuagou Valley and Baiyangdian Lake Zone. The enterprises and agencies affected by the project include Datang Thermal Power Plant of Baoding City (belonging to Datang Development Corporation of Hebei Province) and Baoding Kaida Thermal Power Corporation. The project will affect Caozhuang Village. The Beidakeng Landfill is the idle land of Caozhuang Village Collective. The persons affected by the project include employees in Ash Field of
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Datang Thermal Power Plant of Baoding City, and in Baoding City Kaida Thermal Power Corporation, the Waste Group living on waste collection in Beidakeng Waste Landfill (40 persons), and those proprietors related with Beidakeng Landfill operation (mainly the contractors of Beidakeng Landfill).
This Resettlement Plan is based on the Land Administration Law of the People’s Republic of China (2004), State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (Ref. No. GF [2004] 28), related policies of Hebei province and Baoding municipality, ADB’s Policy on Involuntary Resettlement, and other relevant policies for social security. Also through negotiation with local government and APs, the principles for preparation of this Resettlement Plan are: (i) Involuntary resettlement should be avoided or minimized where feasible; (ii) Compensation and entitlements provided for the APs should be able to at least maintain, or improve their “pre-project” standard of living; (iii) No matter whether they have legal entitlements will All APs be compensated and assisted; (iv) Where land per capita after land acquisition is not sufficient to maintain livelihood, compensation by cash or through land replacement and other income-generating activities will provided for; (v) All APs will be adequately informed on eligibility, compensation mode and standards, livelihood and income restoration plans, project timing, and will be involved in RP implementation; (vi) No land acquisition will take place unless replacement land or sufficient compensation are given to APs; (vii) The EA and independent/ third party will monitor compensation and resettlement operations; (viii) Vulnerable groups will receive special assistance or treatment to ensure then to better off. APs should have the opportunities to benefit from the Project; (ix) RP should be combined with overall county planning; (x) RP budget should be adequate and cover full aspects.
Based on the investigation, measure, as well as consultation with the Land and Resources Bureau of Baoding City National High-tech Industrial Zone, the affected villages and the APs, the project compensation standard is finally decided: 1) compensation rate for ash field land is 75,000 CNY/mu, the compensation will be paid to Datang Thermal Power Plant of Baoding; 2) compensation rate for permanent rural collective land acquisition is 160,000 CNY/mu, the compensation will be paid to the affected village collective; and 3) cash compensation of totally CNY 50,000 will be paid to the waste collectors.
Compensation for the affected village collectives will be used as special funds for infrastructure construction and public services, such as support for the poor households and support for the women. The affected households will invest the compensation fee in non-agricultural activities. For the poor households, the government will help them to conduct new production activities so as to gain stable living methods. For those who do business all the time, it is encouraged to extend the business and enlarge the sidelines scopes.
Through different ways, such as, meetings, interviews and group discussions, public
- D-15-VI - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan participations and negotiations within communities, all the affected persons were informed of the key content of the resettlement plan. Villagers participated in the project and their opinions were included in the plan. The Resettlement Information Booklet and Resettlement Plan were handed out to the affected persons and villages in December 2006. The Resettlement Plan was publicized on the ADB’s official website in March, 2007. The grievance redress channel has been established for the affected persons. Each relevant agency should process the complaint and grievance redress from the affected persons for free, and the reasonable fee resulted will be covered by the contingencies. National High-tech Industrial Zone of Baoding City will carry out APs’ training, together with local labor and social security departments. In addition, the project will supply some temporary or semi-fixed construction work chances. Laborers in the affected households will enjoy the priority of taking part in the construction, working at the non-technical posts so as to increase their income and improve their living standard. Further more, the PMO will arrange special methods to the vulnerable groups, such as supplying endowment insurance, supplying the lowest living security and giving priority to them of some capacity corresponding work.
Baoding City National High-tech Industrial Zone Ltd. will be the implementing agency of the project, the specific responsibility for implementation of the Resettlement Plan will be carried out by the Baoding City National High-tech Industrial Zone Land Acquisition and Resettlement Office. In order to ensure that the Resettlement Plan will be carried out smoothly, Baoding Project Management Office (BPMO) will submit an internal monitoring report to ADB each quarter and meanwhile will entrust independent monitoring agency to conduct external monitoring and evaluation and submit the external monitoring reports to ADB and BPMO every six months during the resettlement implementation and submit annual evaluation reports as well within 2 years after the completion of resettlement implementation. The internal and external monitoring reports will be disclosed on ADB website. The monitoring and evaluation cost is included in the budget of the resettlement cost.
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1 Project Introduction
1.1 Brief Introduction of the Project
Huanghuagou Valley Environment Comprehensive Treatment Project is a subproject of Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project, which is funded by ADB. After the implementation of the project, it will greatly improve the water quality of Huanghuagou Valley, cut off the main pollution fountain to the Baiyangdian Lake, and control the pollution of Haihe River Basin. Meanwhile, it will improve the main urban area environment, the water body and water quality of Baoding City which is good for the local people’s health.
The project includes two parts of environment treatment and infrastructure construction. The detailed construction contents are as follows: 1) land acquisition and treatment of ash field of thermal power palnt, to dispose the wastewater and ashes in the ash field; 2) land acquisition and treatment of Beidakeng Lnadfill (which is idle land), to dispose 550,000 m3 of waste in the open air, surrounding the Huanghuagou Valley; 3) field leveling, road construction, electricity and water installation, silt and dirt cleaning of Huanghuagou Valley Riverway, flood prevention bank construction, wastewater interception project, virescence, etc. 4) constructing ecological park, in accordance with the construction of the central axis in Baoding City; 5) constructing public education and demonstration base of new energy and clean energy.
1.1.1 Project Composition and Scope of Land Acquisition
The Huanghuagou Valley Environment Comprehensive Treatment Project consists of land acquisition, environment treatment, land leveling and relevant infrastructure construction. Refer to Table 1-1 for the project composition.
Table 1-1 Brief Description of Project Composition Project Brief Description Remarks 1) land acquisition and treatment of ash field of thermal power (1) the project will permanently palnt, to dispose the wastewater and ashes in the ash field; acquire 3,006.42 mu of land, of 2) land acquisition and treatment of Beidakeng Lnadfill (which is which, 2,306.42 mu is state idle land), to dispose 550,000 m3 of waste in the open air, Environment transferred land, and 700mu is surrounding the Huanghuagou Valley; Treatment collective idle land. 3) field leveling, road construction, electricity and water (2) 40 persons in the waste installation, silt and dirt cleaning of Huanghuagou Valley collection group need to be Riverway, flood prevention bank construction, wastewater resettled. interception project, virescence, etc. 1) Constructing ecological park, in accordance with the All the infrastructures are construction of the central axis in Baoding City; Infrastructure planned to be constructed in the 2) Constructing public education and demonstration base of latter phase. new energy and clean energy.
1.1.2 Project Impacts
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The main impacts of Huanghuagou Valley Environment Comprehensive Treatment Project mainly are from permanent land acquisition in Baoding City Thermal Power Plant and Caozhuang Village. No residential house demolishment will be involved. The permanently acquired collective land is idle land. The APs are mainly the proprietors related with waste operation and waste collection group. The main vulnerable groups in the APs are the waste collection group; no other vulnerable groups such as the minorities and the poor are included.
The project will permanently acquire 2,306.42 mu of ash field land in the Datang Thermal Power Plant of Baoding, which is State-owned administrative transferred land. In addition, the project will permanently acquire 700mu of landfill land, which is rural collective idle land. The permanent land acquisition will affect the Caozhuang Village (which will gain land acquisition comoensation fee), contractors of Beidakeng Landfill (who will gain the compensation for contract relief), and the 40 persons in waste collection groups (who will get resettlement subsidies).
1.2 Project Estimated Socio-economic Benefits
1.2.1 Social Benefits
1) The project covers a wide area. Its environment treatment effect will cover not only Baoding Municipal Area, but also involves in Baiyangdian Lake Catchment directly. The proposed project can meet the requirement of constructing environment friendly society, the national and Hebei Provincial environmental industries policies, and the ecological construction plan, which is good for constructing harmonious society.
2) The proposed project can impel the intensive utilization and functing replacement of local land assets, which can increase the assets utilization efficiency, and meet the national policy requirement of constructing asset-saving society. Datang Thermal Power Plant of Baoding City not only occupies 2,306.42 mu land as ash field, but also makes 2,000 mu land arrounding the ash field to be unused land, which is a great waste of land. The comprehensive treatment of the ash field will enhance the land utilization value, and bring positive effect on the surrounding area development. Meanwhile, the proposed project is also a water-saving project. The comprehensive treatment of the ash field can save 800t of water every hour with a yearly water saving amount of 700 million tons, which makes great effort for water-lack condition of Baoding City.
3) The proposed project is located in the main urban area of Baoding City. The project construction can meet Baoding City’s construction objectives of Modern and Garden City, and be in accordance with the development orientation of Baoding High-tech Industrial Zone as National Clean Energy Base.
4) Capital and policy support can improve the waste related workers’ survival environment and living condition, which is demonstrative for the harmonious society construction.
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5) The construction of Public Education and Demonstration Base for new energy and clean energy can show the efforts and results of ecological environment protection, new energy and clean energy development conducted by the ADB, the Hebei Province and Baoding Municipal Government. The base construction can also boost up the consciouseness of the public to save resource and protect environment. Meanwhile, the base will be an indicative construction of the Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project, full of social meaning.
1.2.2 Environmental Benefits
1) The proposed project will show obvious environmental benefits, including basically solving the pollution of Huanghuagou Valley, protecting and restoring the ecological environment of Baiyangdian Lake Catchment, improving the air condition of the surrounding areas, etc. Especially for the ecological park construction, it will show clear demonstration benefits of ecological system resoration, environment beautification, and public benefit, and it will become the the demonstration base of Baoding City Ecological Environment Protection, and one of the demonstration sites of National Circulation Economy.
2) The proposed project can greatly improve the environment of National High-tech Industrial Zone, Baoding City, and Baoding City Main Urban Area. Before the project, a powder-dust cingulum with a width of 1 km can go to the Phase 2 of High-tech Industrial Zone and the central urban area directly. After the comprehensive treatment of the ash field, the powder and dust pollution can be solved. Further more, the proposed project will improve the whole sight of Baoding City, and optimize the environment of Baoding City.
1.2.3 Economic Benefits
1) Direct Economic Benefit: The comprehensive treatment of the ash field can save water fee of CNY 22.00 million every year. The land clearing and reconstruction of Beidakeng Landfill can upgrade the land utilization value of the surrounding areas.
2) Indirect Economic Benefit: On one hand, the treatment of Huanghuagou Valley Pollution Fountain will change the unused land to be common land used for social development, which can enhance the economy development and city construction development. On the other hand, the treatment of Huanghuagou Valley Pollution Fountain, together with input for the auxiliary civil engineering and infrastructure construction, will improve the living environment and investment environment, and advance the socio-economic benefits.
1.3 Cost Estimate and Implementation Plan
The total investment estimate of the Huanghuagou Project includes two main parts: 1)
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Ash Field of Datang Thermal Power Plant, Baoding City; 2) Comprehensive Treatment of Beidakeng Waste Landfill. All the permanent land acquisition compensation, house demolishment compensation, resettlement subsidies and relative costs will be calculated in the project total budget. The total land acquisition and resettlement compensation is CNY 287.7374 million, most of which is land acquisition compensation. The land acquisition compensation and resettlement subsidies accounted for 51.84% of the total project investment which is CNY 555.053 million.
Land acquisition of the project will start in February 2008, and the project will be completed in August 2010. According to the project progress, Management Committee of Baoding City High-tech Industrial Zone prepared “The Resettlement Plan of Huanghuagou Valley Environment Cmprehensive Treatment Project” in late August 2006. Amendment of the RP will be completed and submitted to ADB for a review on January 31st, 2007. After the plan being approved by ADB, land acquisition, compensation and resettlement implementation plan to start in September, 2007.
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2 Project Impacts and Socioeconomic Status of the Project Area
Baoding City, which subjects to Hebei Province, is a national famous historical and cultural city. It administrates 3 districts, 4 county-level cities and 18 counties with a total area of 22,000 m2. The total population of Baoding City is 10.40 million, which makes Baoding City to be the fourth biggest population city in China, after Chongqing City, Shanghai City and Beijing City. Baoding City is 140km away from Beijing City, 145 km away from Tianjin City and 125 km away from Shijiazhuang City. In 2005, the gross economic value of Baoding City (City GDP) was CNY 99.00 billion.
2.1 Resource Status
The resource in Baoding City is quite rich. There are 10 colleges and universities in Baoding City, including North China Electric Power University, Hebei University, Hebei Agricultural University, etc. In addition, there are 9 private colleges, 140 scientific research institutions, 220,000 scientific and technical personnels, and more than 100,000 students in school. The ratio of scientific and technical personnels per 100,000 persons in the city is the highest in the province, and above the national average level. Baoding City has been becoming the technology examination and translation base of the scientific research colleges and institutions in Beijing City.
2.2 Industry Economy
2.2.1 The Secondary Industry Economy
Recently, Baoding City aims to become a strong industry city. It carries on technology improvement in the traditional industry, upgrade in the pillar industry, and integration in new developed industry. In addition, Baoding City conducts industry structure adjustment, so as to enhance the quality and benefit of economy increase. Up to date, a development pattern of “advantage industries leading and many industries development” has been primarily formed, comprising of automobiles, mechanic and electronic industry, textile industry, food industry, construction materials, information product manufacture, etc. There is a group of big and medium-size key enterprises and famous products in Baoding City, such as Great Wall Pickup, Tianwei Transformer, Lekuai Film, Swan Rayon, Baoshuo Plastic, Fengfan Storage Battery, Sanli Wool, Lihua Hat, etc. Further more, Baoding High-tech Industrial Zone is the only national level of New Energy Equipment Industrial Base. There are nearly 1,000 enterprises inside the Baoding High-tech Industrial Zone, of which, more than 100 enterprises are the Enterprises of Joint Adventure, Cooperation and Monopoly Capital. The 100 enterprises of joint adventure, cooperation and monopoly capital form 6 feature industries, including new energy and energy equipment, software, power transmission and transformation equipment and electric power automatization, new materials, biopharmaceutical industry and food industry.
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2.2.2 Agriculture Economy
Agricultural structure adjustment and agricultural industrialization have been greatly conducted in Baoding City. High efficient agriculture zone has been established along the expressway, integrated agriculture development has been carried out in the western mountainous area, and processing and export base has been established in the eastern area. There have been 5 agricultural high-tech demonstration parks in Baoding City, comprising of Dingzhou Demonstration Park, Baoshuo Demonstration Park, Xushui Demonstration Park, Dingxing Demonstration Park, and Zhuozhou Demonstration Park.
Characteristic industries develop well in Baoding City. Fifteen counties and cities are nominated as Native Place of Special Products in Hebei Province, and eleven couties and cities is denominated as Native Place of Special Products in China. 30,000mu of land is used for special agricultural products planting in Boding City. Some characteristic industries have developed in large scale, such as vegetables in Dingzhou City, tomatoes in Xushui County, strawberry in Mancheng County, cayenne in Wangdu County, eggplant in Dingxing County, medical materials in Anguo County, edible mushroom in Tang County, asparagus in Rongcheng County. Their products have been exported to more than 10 countries and areas, including Russia, Japan, South Korea, Hongkong, etc. In addition, Standardized production of environment-friendly vegetables develops fast in Baoding City.
2.2.3 The Tertiary Industry Economy
The tertiary industry develops slowly in Baoding City. The tertiary industry accounts for 35% of the GDP, at least 8% less than the developped regions.
2.3 Basic Trend of Future Development
2.3.1 Develop New-type Industry City
During the eleventh five-year period, Baoding City aims to develop the concept of “Made in Baoding”. It plans to invest CNY 132.5 billion in fostering 10 big industries, 32 industry concentration areas, 10 big-size enterprises and groups, and 60 international famous brands, so as to form characteristic and competitive industrial clusters and enterprise clusters, and to be an important new-type industry city in the Beijing City-Tianjin City-Hebei Province metropolitan areas. The City GDP will increase at an annual rate of 12% in the eleven five-year period. The per capita GDP will be CNY 20,000, the non-agricultural employees will account for 58% of the total employees, the high-tech industry added value will account for 10% of the City GDP, and the energy consumption of unit GDP will decrease 20%. Baoding City aims to develop new energy and energy equipment enterprise clusters and industrial clusters based on electric power technology.
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2.3.2 Enhance Environment Treatment, and Develop Environment Friendly Society
Baoding City is determined to be an ecological garden city with features of forest trail, sight and leisure. Many environment protection measures have been carried out so as to protect the ecological environment and improve the living environment, such as infrastructure construction, valley treatment, etc. In addition, Baoding City also conducted construction of wastewater treatment system, like Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project, so as to improve the area ecological environment and to construct a Beijing City-Centered green barrier.
2.3.3 Strengthen Central City Construction
The total area of Baoding City is 22,000 km2 with an overall population of 10.40 million. However, there are only 800,000 persons living in the main urban area, accounting for less than 10% of the total population. The urbanalization level of the city is only 30%, which is just located in the urbanalization fast development phase. In accordance with Overall Plan of Baoding City (2001-2020), the urbanalization level of the city will only achieve 40% in 2010. According to the experience of the International or domestic developed areas, when the regional urbanization level is less than 50%, the effective measure to develop is to pay more attention to the centeral city and to establish economic growth pole. It is applicable for Baoding City. Therefore, the future development point of Baoding City is to strengthen the urban city construction, construct a residence and work available environment. Huanghuagou Valley Comprehensive Treatment Project is one of the strategies to achieve the aim.
2.4 Project Site Status
The project site is located inside the Phase 3 of Baoding City National High-tech Industrial Zone. Besides part of abandoned holes and the dustheap field, most of the site land is abandoned land and idle land. The whole topography is described as flat, higher at north and lower at south, higher at west and lower at east, with an altitude of 20.2-25.8m. Figure 2-1 Ash Field of Datang Thermal Power Plant in Baoding City
Land acquisition in the project mainly involves in the ash field of Datang Thermal Power
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Plant in Baoding City, Beidakeng Landfill and its surrounding area in Caozhuang Village.
2.4.1 Ash Field of Datang Thermal Power Plant in Baoding City
It occupies 2,306.42 mu land with a former ash storage amount of 2,800,000 m3 in total, of which, there is 400,000 m3 of ash in the District I, 1,200,000 m3 of ash in the District II, 800,000 m3 of ash in the District III, and 400,000 m3 of ash in the District IV. Up to date, ash in District I and District IV has been emptied out. There is about 2,000,000 m3 of ash in District II and District III waiting for clearing. In addition, some work houses for the ash field workers and relevant structures scatter arrounding the ash field.
2.4.2 Beidakeng Landfill and Its Surrounding Area
It is located west to the Huazhuang Transformer Substation, and east to the Lekai Road. The landfill nearby Huanghuagou Valley was formed in 1996 with a total land occupation of 700mu (see Table 2-1). The land was planned to build a plain reservoir in 1960s, but because of water shortage form upstream, therefore the land became idle. Then a factory began to pour the ash in it which resulted in the plant dead, the local people began to use the ash to make bricks, after that they Figure 2-2 Beidakeng Landfill digged the sand below the ash, gradually the big pit formed. With the land less and less, the pit became idle, finally the waste collectors began to put waste in it.
The management agency of the landfill is Management Committee of Baoding City National High-tech Industrial Zone.
Up to April 2006, the total waste burial amount is 550,000 m3, 70% of which is domestic waste buried 10 years ago, and 30% of which is construction wastes buried in recent 10 years. Since the riverbed of Huanghuagou Valley has been destroyed, part of the rubbish pit is connected with the channel and the waste is marinated in the wastewater, which deteriorate the water pollution in Huanghuagou Valley. Further more, the waste leachate leaks into the underground aquifers and pollutes the underground water of Baoding City. The pollution casued by the waste affects the environment of the Industrial Zone and Boding City directly. The landfill had ever been closed by the Management Committee of the National High-tech Industrial Zone. Presently, there are still 40 persons living on
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Table 2-1 Land Utilization Status of Beidakeng Landfill and Its Surrounding Area No. Land Types Area (mu) Remarks 1 Wasteland 68 Most has been filled and leveled up; the remaining part is 3-6m lower than the ground level. 2 Rubbish pit 519 It has been filled by the domestic waste and construction wastes. Part of the rubbish pit has been higher than the surrounding ground. 3 Cesspool 113 Half of the cesspool has been filled by the construction wastes. 4 Total 700 The topography is complex. Certain environment treatment and engineering treatment is needed before it can be used as construction land.
2.5 Project Impact and Beneficial Area
2.5.1 Status of the Affected Areas
1) Baoding City National High-tech Industrial Zone and Urban Baoding City
The Beidakeng Landfill smells terrible, and the dust of the ash field flies all over the sky, which affect the air environment of National High-tech Industrial Zone and Baoding Urban City negatively and directly. Especially in the windy seasons of spring and autumn, the floating ashes from the ash field form a sandstorm with a width of 1 km to attack the urban city. In addition, the domestic waste was stacked in the Erhuan North Road (the main road in the High-tech Zone), which impressed badly to the passers.
2) Surrounding Areas of Huanghuagou Valley and Baiyangdian Lake
Huanghuagou Valley is a natural river. It originates from Macheng County, Baoding City, goes across High-tech Zone, joins into Daqing River in the southeast of Baoding City, and finally flows into the Baiyangdian Lake. As the moat of Baoding City, Huanghuagou Valley takes responsibilities of flood drainage and flood discharge in the rainy season, and farmland irrigation in the dry season.
Along the fast development of Baoding City, three-wastes from industry become more and more. Some enterprises drain the untreated industry wastewater and the untreated domestic wastewater into the Huanghuagou Valley directly. Therefore, Huanghuagou Valley becomes more and more turbid, which brings serious damage to the ecological environment of Baiyangdian Lake Catchment, as well as the environment of Baoding City.
The main pollution sources to Huanghuagou Valley include:
1) 8 enterprises in the upstream of Huanghuagou Valley drain untreated wastewater of 6,000 m3 every day to the Huanghuagou Valley. 2) The Huanghuagou Valley passes by a brickyard, where there is 550,000 m2 of domestic and construction waste. No protection methods have been adopted. What is more serious, the waste is sitting in the water for a long time and produces new pollutants. The new pollutants go into the valley directly, which increase the pollutant thickness in the
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The above pollution sources not only seriously pollute the water in Huanghuagou Valley and the surrounding underground water, but also affect the ecological environment of Baiyangdian Lake Catchment negatively.
2.5.2 Beneficial Areas of the Project
1) Baoding City National High-tech Industrial Zone and Urban Baoding City
In recent 15 years, the first phase of land development and construction in High-tech Zone has been entirely completed, and the land transfer rate is over 98% in the second phase. In order to satisfy the requirement of the economy development, Baoiding City is determined to develop the third phase of land use and construction. With the purpose of guaranteeing the function of the third phase, Management Committee of Baoding City National High-tech Industrial Zone prepares Controlled and Detailed Plannings on the Third Phase of Baoding City National High-tech Industrial Zone. The third phase site is located in the northwest of the central part of High-tech Zone. It is north to Beiwaihuan Road, south to Bao-Man Road, east to Jianshe Road and west to the planning Huichang West Road.
The proposed project is located inside the third phase land scope. Through land improvement and environment treatment, it will supply more social public space for the High-tech Zone, and enhance the land value nearby the project area. In addition, the project will beautify the residence environment of High-tech Zone and Baoding City.
2) Downstream Area of Huanghuagou Valley and Baiyangdian Lake Area
Huanghuagou Valley Environment Comprehensive Treatment Project is a subproject of Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project. It will not only improve the environment of Baoding City, but also affect the immense areas of Baiyangdian Lake Catchment.
After the implementation of the project, it will greatly improve the water quality of Huanghuagou Valley, cut off the main pollution fountain to the Baiyangdian Lake, and control the pollution of Haihe River Basin. Meanwhile, it will greatly renovate the ecological system of Huanghuagou Valley and the Baiyangdian Lake Catchment.
2.6 Project Impact
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2.6.1 Permanent Land Acquisition
The project will permanently acquire 3,006.42 mu land, including 2,306.42 mu land of ash field in Datang Thermal Power Plant of Baoding City, and more than 700 mu land of Beidakeng Landfill and its surrounding areas.
Datang Thermal Power Plant of Baoding acquired the 2,306.42 mu land of ash field from Dabiantuo Village and Zhangzhuang Village in 1964. The ownership of this land belongs to Datang Thermal Power Plant of Baoding City. Refer to Table 2-2 for the detailed information of permanent land acquisition for the ash field in 1964.
Table 2-2 Land Acquisition of Thermal Power Plant of Baoding in 1964 Villages Land acquisition (mu) Dabiantuo 900.19 Zhangzhuang 418.94 Zhouzhuang 83.65 Yinzhuang 45.50 Damafang 58.10 Xiaomafang 2.34 Caozhuang 745.83 Dongnanhan 17.23 Zhongnanhan 34.64 Total 2,306.42
The acquired 700mu land of Beidakeng Landfill and its surrounding area is rural collective land, which is owned by Caozhuang Village and is idle now.
2.6.2 Temporary Land Occupation
The temporary land occupation includes: temporary land occupation by sand&stone field, temporary land occupation by material mixing system, temporary land occupation by production and residence district during the impelemention period, temeporary land occupation by road used for project construction. The construction field for the ash field treatment and landfill clearance and disposal is all located inside the scope of permanent land acquisition, thus, no additional land will be temporarily occupied. There are existing roads to go into the ash field and the landfill, thus, no land will be needed to be temporarily occupied for temporary road construction.
The main temporarily occupied land of the project is the areas used for construction of the wastewater intercepting pipeline network in the banks of Huanghuagou Valley.
2.6.3 Affected Enterprises
The project will affect two enterprises, including Datang Thermal Power Plant of Baoding - D-15-12 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan
City, and Baoding Kaida Thermal Power Corporation.
Datang Thermal Power Plant of Baoding is the only supporting point for the power and heating in Baoding City, which plays an important role in the economy development and stabilization of Baoding City. It is located in the western industrial zone of Baoding City. Presently, Datang Thermal Power Plant of Baoding still uses pulverized-coal boilers of solid state discharge; electrostatic precipitator is adopted as the main dust exhaustion method. The technology is so lagged, which produces greatly negative impact on the environment. The ash field discharges nearly 20,000 m3 of wastewater to the Huanghuagou Valley every day, which pollutes the Biayangdian Lake seriously.
Baoding City Kaida Thermal Power Corporation, which is under Datang Thermal Power Corporation and has certain asset and interest relationship with Datang Thermal Power Plant of Baoding, is the other affected enterprise by the project. The project will just affect a few structures and ground attachments in the enterprise’s ash field.
2.6.4 Affected Villages
The project will affect Caozhuang Village. Caozhuang Village, an administrative village of Baoding City, has a total population of more than 1,600, of which, 1,450 persons are agricultural population and 150 persons are non-agricultural population. There are more than 680 labor forces, of which, 520 persons are agricultural labors (310 males), and the rest persons are the tertiary industry workers. The village total has 2,689 mu collective land, of which, 359 mu is occupied by the village, 1,580 mu is cultivated land, and the rest more than 750 mu is idle land or wasteland (of which, 700 mu is affected by Beidakeng Landfill). Wheat and corn are the main crops planting in the village. The output of wheat is 450 kg/mu, and the output of corn is 550 kg/mu. The per capita annual income of the village is CNY 4,000.
2.6.5 Affected Populations
Persons affected by the project include: 1) employees working in the ash field of Datang Thermal Power Plant of Baoding and Baoding City Kaida Thermal Power Corporation; 2) the waste collection group in Beidakeng Landfill (those who live on waste collection); and 3) proprietors related with landfill operation.
There are 15 households or 40 persons living inside the landfill, who are from other provinces. Among all the population, 15 women are included. The 40 persons have been here for 4 years and live on waste collection. Each household pays CNY 150 of management fee to the Xinshi District Environmental Protection and Sanitation Bureau every month. Temporary household registeration has been conducted on those households by the Management Committee of Baoding City National High-tech Industrial Zone. The 40 persons in the waste collection group are defined as the affected persons by the project.
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Proprietors related with landfill operation are defined as those who contract the collective land of Caozhuang Village to conduct various production and operation activities. They mainly include: Damafang Grain Bureau, Ma Xuedong (villager of Caozhuang Village), Xinshi District Environmental Protection and Sanitation Bureau, Wang Zhigang (villager of Xinzhuang Village), and Zou Fufang (coming from Chongqing City). For those contractors of Beidakeng Landfill, Baoding High-tech Zone had shaped a decision to forbid them from dumping waste in April 2003. In the following July 2003, Jiapeng Law Office was entrusted by the Baoding High-tech Zone to conduct a detailed survey on the contract relationship to Beidakeng Landfill. The law office handed in a legal opinion on the Beidakeng Landfill Comprehensive Treatment. The Management Committee of Baoding City National High-tech Industrial Zone will negotiate with concerned departments to relieve or suspend the relevant contracts.
2.6.6 Affected Infrastructure
Except the temporary occupation of road and ash transmission pipelines of the ash field, no other infrastructure will be affected.
2.6.7 Cultural Relic and Mine Resources Affected by the Project
According to the field investigation and engineering geological exploration, no cultural relics or mine resources will be involved in the proposed project.
2.6.8 Vulnerable Groups Affected by the Project
The vulnerable groups affected by the project are mainly the waste collection group. All the 40 persons in the group come from other provinces and live a hard life now. The proposed project will affect their future livelihood.
2.6.9 Public opinion Survey
Among the 15 investigated households, 10 households or 66.7% are familiar with the project; 14 households or 93.3% agree with the project; 100% of the households consider the proposed project to benefit all national, collective and individual; 93.3% of the households consider that the project can improve their living environment; 8 households know relevant policies about land acquisition and resettlement; and 10 households know to appeal to concerned departments when their legal rights are infringed. Refer to Table 2-3 for the survey results of public opinions.
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Table 2-3 Survey Results of Public Opinions Results Questions Answers Investigated 1 2 3 4 5 Populations Population % Population % Population % Population % Population % Are you familiar with (1)very familiar (2)not very 10 66.7% 3 20% 2 13.3% the project? familiar (3)unfamiliar Do you support this (1)support (2)disapprove (3)it 14 93.3% 1 6.7% project? doesn’t matter Who do you think the (1)nation (2)collective proposed project will (3)individual 15 100.0% 15 100.0% 15 100.0% benefit? How does water (1)no (2)not serious (3)serious shortage or (4)very serious environmental 2 13.3% 3 20% 10 66.7% pollution impact your life? What benefit do you (1)improve living environment think the project will (2)improve working 14 93.3% 10 66.7% 6 40% 15 100% bring you? environment (3)increase job opportunity (4)good for health 15 What disadvantage do (1)no disadvantage (2)impact you think the project transportation (3)house will give you? demolishment will lead to economic loss 3 20% 12 80% (4)the land acquisition will reduce family income (5)other disadvantageous impacts Do you know about (1) know policies of land (2) know some 3 20% 5 33.3% 7 46.7% acquisition and (3) don’t know resettlement? Do you know that you (1) know can appeal to (2) don’t know concerned 10 66.7% 5 33.3% departments when your rights are
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infringed?
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3 Legal Framework and Policies
3.1 Applicable Laws, Regulations & Policies for Resettlement
The resettlement policies of this project are mostly based on ASIAN DEVELOPMENT BANK (ADB)’s policies and relevant laws and regulations of the People’s Republic of China, including:
ADB Policies and Guidelines - Involuntary Resettlement, Asia Development Bank (ADB), Manila. 1995; - Handbook on Resettlement: A Guide to Good Practice, ADB Manila, 1998; - Gender Checklist: Involuntary Resettlement, ADB Manila, February 2003; - OM Section F2 —Operations Manual: Bank Policies (BP) and Operational Procedures (OP), ADB, Manila，2006.
Laws and Regulations of PRC - Land Administration Law of the People’s Republic of China (effective as of 28 August, 2004) - State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (State Council [2004] No. 28, effective as of 21 October 2004) (Ref. No.GF[2004]28) - Provisions of Public Hearings on Land and Resources (MLR, effective as of 1 May 2004) - Guiding Opinions on Improving Compensation and Rehabilitation System for Land Acquisition (No. 238 Decree and issued by Ministry of Land and Resources in 2004) (Ref. No.GTZF[2004]238) - Pre-examination Management Methods of Land for Construction Project (Document 27 in 2004, MLR) - Public Announcement Methods on Land Requisition (MLR, effective as of 1 Jan. 2002) - Regulations on Land Administration of Hebei Province (effective as of 27 May, 2005) - Circular on implementation opinions of Deepening Reform and Administrating Land Strictly (Document 151 in 2004, Hebei provincial peoples’ government) (JZ[2004]151)
3.2 ADB Policies
The three important elements of involuntary resettlement of ADB are: (i) compensation for lost assets and loss of livelihood and income: (ii) assistance for relocation, including provision of relocation sites with appropriate facilities and services: and (iii) assistance for rehabilitation to achieve at least the same level of well-being with the project as without it. Some or all of these elements may be present in projects involving involuntary resettlement. For any project that requires involuntary resettlement, resettlement should be an integral part of project design and should be dealt with from the earliest stages of the project cycle, taking into account the following basic principles:
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(i) Involuntary resettlement should be avoided where feasible. (ii) Where population displacement is unavoidable, it should be minimized by exploring all viable project options. (iii) Replacing what is lost. If individuals or a community must lose all or part of their land, means of livelihood, or social support systems, so that a project might proceed, they will be compensated and assisted through replacement of land, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the pre-project level. All compensation is based on the principle of replacement cost. (iv) Each involuntary resettlement is conceived and executed as part of a development project or program. ADB and executing agencies or project sponsors, during project preparation, assess opportunities for rehabilitation measures, the affected people need to be provided with sufficient resources and opportunities to reestablish their livelihoods and homes as soon as possible, with time-bound action in coordination with the civil works. (v) The affected people are to be fully informed and closely consulted. Affected people are to be consulted on compensation and/or resettlement options, including relocation sites, and socioeconomic rehabilitation. Pertinent resettlement information is to be disclosed to the affected people at key points, and specific opportunities provided for them to participate in choosing, planning, and implementation options. Grievance redress mechanisms for affected people are to be established. Where adversely affected people are particularly vulnerable groups, resettlement planning decisions will be preceded by a social preparation phase to enhance their participation in negotiation, planning and implementation. (vi) Social and cultural institutions. Institutions of the affected people, and, where relevant, of their hosts, are to be protected and supported. Affected people are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted. (vii) No formal title. Indigenous groups, ethnic minorities, pastoralists, people who claim for such land without formal legal rights, and others, who may have usufruct or customary rights to affected land or other resources, often have no formal legal title to their lands. The absence of a formal legal title to land is not a bar to ADB policy entitlements. (viii) Confirmation of eligibility. Affected people are to be identified and recorded as early as possible in order to establish their eligibility through a population record or census that serves as an eligibility cutoff date, preferably at the project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits. (ix) The Poorest. Particular attention must be paid to the needs of the poorest affected people, and vulnerable groups that may be at high risk of impoverishment. This may include those without legal title to land or other assets, households headed by females, the elderly or disabled and, other vulnerable groups, particularly indigenous peoples. Appropriate assistance must be provided to help them improve their socio-economic status. (x) The full resettlement costs are to be included in the presentation of project costs and benefits. This includes costs of compensation, relocation and rehabilitation, social
- D-15-18 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan preparation and livelihood programs as well as the incremental benefits over the without-project situation (which is included in the presentation of project costs and benefits). The budget also includes costs for planning, management, supervision, monitoring and evaluation, land taxes, land fees, and physical and price contingencies. Where loans include subprojects, components or investments prepared only after project approval and loans through financial intermediaries that are likely to cause involuntary resettlement, sufficient contingency allowance must be allocated for resettlement prior to approval of the loan. Similarly, resettlement plans should also reflect the timeframe for resettlement planning and implementation. (xi) Eligible costs of compensation. Relocation and rehabilitation may be considered for inclusion in ADB loan financing for the project, if requested, to assure timely availability of the required resources and to ensure compliance with involuntary resettlement procedures during implementation.
3.3 China’s Laws, Regulations and Relevant Articles
In this subproject, Land Administration Law of the People’s Republic of China is the major legal basis. Relevant regulations and policies as presented in Section 3.1 of this chapter have also been enacted by the Ministry of Land and Resources and the Hebei Provincial Government. Refer to Table 3-1 for the main articles related with project resettlement policies.
State Council Circular on the Decisions of Deepening Reform and Administrating Land Strictly (State Council [2004] No. 28, effective as of 21 October 2004) (Ref. No.GF[2004]28) defines further the principles of compensation for land acquisition and resettlement, compensation standard, land acquisition procedures and monitoring system. Correspondingly, Ministry of Land and Resources issued Guiding Opinions on Improving Compensation and Rehabilitation System for Land Acquisition (No. 238 Decree and issued by Ministry of Land and Natural Resources in 2004) (Ref. No.GTZF[2004]238) and Circular on implementation opinions of Deepening Reform and Administrating Land Strictly (Document 151 in 2004, Hebei provincial people’s government) (JZ[2004]151) was issued by Hebei Province. These documents have become the basis for resettlement of this project and the main contents of the above-mentioned policies and their applications in the project are shown in Table 3-2.
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Table 3-1 Summary of Main Articles in Land Administration Law and Relevant Policies Items Main Contents Reference ♦ The People's Republic of China practises the socialist public ownership of land, namely ownership by the Article 2, Land Administration Land whole people and collective ownership by the laboring masses. Law of People’s Republic of Ownership ♦ The state practises the system of paid-for use for state-owned land in accordance with law. However, China appropriation of state-owned land use right by the state within the scope prescribed by law is excluded. ♦ Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with law; …… Article 43, Article 44, Land ♦ For occupation and use of land for construction involving turning agricultural land into land for construction, Administration Law of People’s formalities of examination and approval for turning agricultural land into other uses should be Republic of China Application for completed. …… Construction Land ♦ For occupation and use of land for construction, strategy of land transition in batch should be formulated by the city-level and county-level land administration departments in accordance with the annual land use plan. Article 36, Land Administration For those acquired cultivated land, strategy of cultivated land supplement should be formulated at the same Regulations of Hebei Province time, which will be sent to the above government for examination and approval step by step after it is agreed by the government at the same level. ♦ Requisition of the following land shall be subject to the approval of the State Council: (1)basic farmland; (2)cultivated land other than the basic farmland exceeding 35 hectares; and (3)other land exceeding 70 Article 45, Land Administration hectares. Law of People’s Republic of Requisition of land other than those prescribed in the preceding paragraph shall be subject to the approval of ♦ China Purview of Land people's governments of the provinces, autonomous regions and municipalities directly under the Central Acquisition Government, and submitted to the State Council for the record. ♦ For occupation and use of land collectively owned by peasants, land acquisition strategy should be drawn out by the city-level and county-level land administration departments. When the strategy is approved by the Article 37, Land Administration government at the same level, it should be sent to the above people government for examination and Law of Hebei Province approval step by step. ♦ For land requisitioned by the state, local people's governments at or above the county level shall, upon approval pursuant to legal procedures, make an announcement and organize its implementation. …… ♦ Upon determination of the scheme for compensation and resettlement for land requisition, the local people's Announcement Article 46, Article 48, Article 49, government concerned should make an announcement and seek the views of the rural collective economic for Land Land Administration Law of organization and peasants of the requisitioned land. Acquisition People’s Republic of China ♦ The rural collective economic organization of the requisitioned land should publish the revenue and expenditure of the compensation fee of the requisitioned land for the members of the respective collective economic organization and accept supervision.
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Items Main Contents Reference ♦ For requisition of land, compensation shall be given in accordance with the original use of the requisitioned land. ♦ Compensation fee for the cultivated land requisitioned include land compensation fee, subsidy for resettlement as well as compensation fee for ground attachments and young crops. Land compensation fee for the cultivated land requisitioned shall be six to ten times of the average annual output value in the three years prior to requisition. Subsidy for resettlement for the cultivated land requisitioned shall be calculated on Article 47, Land Administration the basis of the agricultural population that requires resettlement. The agricultural population that requires Law of People’s Republic of resettlement shall be calculated on the basis of the amount of cultivated land requisitioned divided by the China average per capita occupancy of cultivated land of the unit requisitioned. The rate of subsidy for resettlement per head of the agricultural population that requires resettlement shall be four to six times of the average annual output value in the three years prior to requisition of the said cultivated land. However, the maximum subsidy for resettlement for cultivated land requisitioned per hectare shall not exceed fifteen times of the Compensation average annual output value in the three years prior to the requisition.…… Rate for Land ♦ Compensation fee for the acquired cultivated land should be 6-10 times of the annual output value of the Acquisition affected cultivated land in the previous three years.…… ♦ Resettlement subsidies should be 4-6 times of the annual output value of the affected cultivated land in previous three years. …… ♦ If land compensation fee and resettlement subsidies due to current laws and regulations are not enough to maintain their previous living standards, the subsidy for resettlement may be increased with the approval of Article 38, 39, 40, 41, Land the people’s governments of province. However, the sum of land compensation fee and resettlement Administration Regulations of subsidies should not exceed the following limit: 1) for the acquired cultivated land, compensation fee should Hebei Province not exceed 30 times of the annual output value of the affected cultivated land in the previous three years; …… ♦ Compensation for standing crops are calculated based on one crop season. Compensation rate for ground attachments should be determined by the municipality-level government which owns districts, and can be implemented after the approval of the provincial government. ♦ User of temporary use of the land should use the land according to the use agreed on in the contract for the Article 57, Land Administration temporary use of the land and shall not construct permanent constructions thereon. The duration of Law of People’s Republic of temporary use of land shall generally not exceed two years. China Temporary Use of Land ♦ Temporary use of the land should be approved by the concerned municipality-level and county-level land administration departments in accordance with relevant regulations. Article 56, Land Administration ♦ Temporary land use procedures should be transacted again when the time of the former temporary use of Regulations of Hebei Province land exceeds two years.
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Table 3-2 Ref. No.GF [2004]28, Ref. No.GTZF [2004]238, JZ [2004]151 and Their Application Policies in the Ref. No.GF[2004]28 Ref. No.GTZF[2004]238 JZ[2004]151 Project •The people’s governments at and above the county level shall adopt effective measures to ensure that the persons affected by land acquisition don’t decrease their living standards because of land acquisiton. •Land compensation fee, subsidy for •RP will strictly •On the basis of comprehensive statistics, resettlement, compensation fee for ground implement the relevant each city should determine uniform annual attachments and young crops shall be paid policies of the State, output value of land acquired. Outside the legally, fully and timely. If land compensation Hebei Province and area of urban land using scope, the sum of fee and resettlement subsidies due to current Baoding Municipality. land compensation fee and resettlement laws and regulations are not enough to •AAOV for land subsidies can not be less than the 16 times of maintain their previous living standards ,or (1) To formulate the uniform acquisition shall be annual output value in local place. cannot pay social security fee for land-lossed average annual output value; based on the Article 12 the Cities shall hear opnions of farmers and farmer, the subsidy for resettlement may be (2) To identify the uniform regulations of Hebei measures for village economy organizations through increased with the approval of the people’s multiples of annual output province. land workshop, hearings and announcement governments of provinces, autonomous value; (3) to formulate the •The minimum acquisition according to land position and land demand. regions and municipalities.If the sum of land uniform comprehensive multiples for compensation On the baisis of this, the compensation rate of compensation fee and resettlement subsidies regional land price; (4) The acquisition of improvement land in urban construction land scope shall be reach to legal upper limit and are still not distribution of land cultivated land shall be determined. After apprval of governement of enough to maintain the previous living compensation fee. 16 times (inclu. Land province, it can be announced and standards, the local people’s government can compensation fee, implemented. subsidize them using the fee from paid-for resettlement •The compensation rate of land in urban state-owned land use. subsidies); construction land scope can not be less than •The uniform annual output value standard or •All resettlement fees the 16 times of annual output value in local comprehensive land price of each region will be included in total place. should be prepred and disclosed by the project cost. governemts of provinces, autonomous regions and municipalities, land compensation for the same land should be equal price. The land compensation fee of natioal key projects shall be included in the project budget. Article 13 •The people’s governments at and above the (1) Agricultural production •To work out implementation plan and •According to the the county level shall prepare specific measures resettlement; (2) gradually establish livining security system for willingness of the
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Policies in the Ref. No.GF[2004]28 Ref. No.GTZF[2004]238 JZ[2004]151 Project resettlement to gurantee the future life of land-lost farmers. Reemployment resettlement; APs. affected persons, of land-lost •As to the project which has stable profit, the (3) Sharing dividends •To gradually establish adjustment fund for monetary farmers farmers can buy shares through legally resettlement; and (4) land acquistion to pay land compensation, compensation is approved construction land use rights. Migratory resettlement. resettlement subsidies, subsidy for baic living adopted. •Within the area of urban planning, land-lost security and training fee for Aps. •During the farmers shall be included in employment construction period, system and social security system shall be non-technical jobs will established; (3) Outside the area of urban be given to the planning, for rural collective land acquisiton, affected labors in local government shall reserve necessary land priority. for farmers or arrange jobs. For the farmers •Occupational training who have not consitions of production or will be offered to the living, they shall be resettled in other places. affected people. •Guiding opinions on employment training and social security system for land-lost farmers shall be proposed by labor and socia security departments as soon as possible. •During land acquisition, the ownership of collective land and entitlement of farmers’ land (1) Conduct detailed contract shall be protected. socio-economic survey •Before approval, the use, position, and detailed •Land examination and approval must be done compensation rate, resettlement channel shall measurement survey according to legal rights, conditions and be told to farmers. Survey results of land (DMS), and procedures. acquisition shall be identified by village the survey results shall Article 14 (1) To inform land •If the feasibility report or other related files do collective economy organizations or be signed and land acquisition; (2) to identify not definite construction in phases, it shall households affected. Hearing shall be accepted by the acquisition survey results of land apply agricultural land change and land organized by departements of land and affected households. procedure acquisition; (3) to organize acquisition once. resources according to related regulations, if (2) organize public improvement hearing on land acquisition. •If no opinions of Aps on compensation rate necessary. The identification of farmers should participation and and resettlement channels or relevant hearing be prepared as necessary materials for public hearings for materials in application, land acquistion shall approval. resettlement policies; not be approved. •The coordination and arbitration mechanism (3) Distribute RP or for resettlement issues shall be established to Resettlement protect legal rights of farmers and land users. information booklet. Except special situations, approved land
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Policies in the Ref. No.GF[2004]28 Ref. No.GTZF[2004]238 JZ[2004]151 Project acquisiton issues should be disclosed to the public. (1)Conduct internal •No land acquisition shall be made if without and external ensuring compensation and resettlement. monitoring and •The distribution methods of land evaluation; (2) compensation fees shall be formulated by Compensation fees are governments of provinces, autonomous (1) Disclose the land •Construction land approval license will not be directly paid to the Article 15 regions and municipalities according to the approval issues; (2) Pay the given if land compensation fee is not paid affected village groups Strengthening principle of “The land compensation shall be land compensation fee and fully. or individuals (3) the land used mainly by the displaced households”. resettlement subsidies; and •Land and resources departments in all levels PMO and land and acquisition •Village collective economy organizations (3) Supervision and shall strenghten to check and supervise and resources bureau supervision affected by land acquisition should disclose examination after the strike behaviors of illegal land approval and conduct supervision process the income, expenses and distribution of land approval of land acquisition. land occupation. and examination; and compensation fees and accept public (4) Utilization of supervision. Agricultural, cilvil administration resettlement fees shall departments shall supervise the distribution be audited by Audit and use of compensation in village economy Bureau and each organization. relevant county.
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3.4 Compensation Principles of this Project
The principles of compensation and entitlement for this project are decided according to the regulations and policies of Chinese government and the Asian Development Bank (ADB), which aim at ensuring the access of the Aps to enough compensation and support, at least to ensure the restoration of their living standard prior to the project. Refer to Table 3-3 for the resettlement principles of the project.
Table 3-3 Resettlement Principles of the Project Principles 1 Involuntary resettlement should be avoided or minimized where feasible; Compensation and entitlements provided for the Aps should be able to at least maintain, or improve their 2 “pre-project” standard of living; 3 No matter whether they have legal entitlements will All Aps be compensated and assisted; Where land per capita after land acquisition is not sufficient to maintain livelihood, compensation by cash or 4 through land replacement and other income-generating activities will provided for; All Aps will be adequately informed on eligibility, compensation mode and standards, livelihood and income 5 restoration program, project timing, and will be involved in RP implementation; 6 No land acquisition will take place unless replacement land or sufficient compensation are given to Aps; 7 The EA and independent/ third party will monitor compensation and resettlement operations; Vulnerable groups will receive special assistance or treatment to ensure then to better off. Aps should have the 8 opportunities to benefit from the Project; 9 RP should be combined with overall county planning; 10 RP budget should be adequate and cover full aspects.
3.5 Compensation Eligibility Cut-off Date
BMG announced that the eligibility cut-off date is on 31st March, 2007. After the date, the settlement in the affected areas, newly cultivated land, newly built houses as well as any newly planted trees or newly added facilities of the affected persons aimed at extra compensation will be excluded from the range of compensation and subsidy.
3.6 Definition of the Resettlement Rate
The resettlement rate of the project is decided on the basis of the laws and regulations, as well as consultation with the APs and the relevant departments.
3.6.1 Compensation Rate for the Affected Enterprise
The project will permanently acquire 2,306.42 mu land of ash field in Datang Thermal Power Plant of Baoding. Datang Thermal Power Plant of Baoding acquired the 2,306.42 mu land of ash field from Dabiantuo Village and Zhangzhuang Village in 1964. The ownership of this land belongs to Datang Thermal Power Plant of Baoding City. Therefore, compensation needs to be paid to the Datang Thermal Power Plant of Baoding. According to the survey, consultation, calculation, as well as the land acquisition compensation standard of Baoding City, the land acquisition compensation for such land is decided to be CNY 75,000 per mu.
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3.6.2 Compensation Rate for the Resettlement
This project involved the resettlement issue of waste collection group. In 2003, because of new policy and the expiration of contract, it was not allowed to dump solid waste to Beidakeng Landfill Site. Waste collection was no longer income source of the waste collectors. However, there are still some waste collectors staying in the Site by the end of 2006. The waste collectors wish to be compensated from this project. In accordance with Management System of the Tramps and Mendicants in the City, Management of Urban House Demolition, Management Methods of Uban House Demolition in Baoding City, Legal Opinions on Comprehensive Treatment of Beidakeng Landfill in High-tech Zone, as well as ADB’s relevant policies on vulnerable groups, it is decided to pay an one-time compensation of CNY 50,000 to the affected vulnerable group after negotiating between the Baoding High-tech Zone Management Committee and the waste collectors. These waste collectors have left the Beidakeng Landfill Site before the Spring Festival of 2007 after receiving compensation fee. Signiture and contact number have been recorded when distributing compensation fee.
3.6.3 Compensation Rate for the Permanent Collective Land Acquisition
Considering that most of the permanently aquired collective land is idle land or wasteland, the land acquisition compensation for such land is determined to be CNY 160,000/mu based on the collective land acquisition compensation of Baoding City, as well as the survey, negotiation and calculation.
3.6.4 Compensation Rate for the Proprietors Related with Landfill Operation
Since there are many proprietors related with Beidakeng Landfill, a multipart agreement has been formed on the waste dumpage:
1) Damafang Grain Bureau signed a fish pond contract with Caozhuang Village in 1993, with an effective period of 35 years. 2) Ma Xuedong (villager of Caozhuang Village) signed a fish pond transfer contract with Damafang Grain Bureau in 1997. According to the contract, Ma Xuedong pays contract fee to Caozhuang Village. 3) In 2001, Xinshi District Environmental Protection and Sanitary Bureau and Ma Xuedong signed a contract of establishing a landfill on the pound land. Ma Xuedong permitted Xinshi District Enviromental Protection and Sanitation Bureau to dump waste into the pound (landfill now), and received charge with a standard of CNY 1,700/mu from the environmental protection and sanitation Bureau. 4) In January 2002, Zou Fufang (coming from Chongqing City) came to an agreement with Xinshi District Environmental Protection and Sanitation Bureau and Ma Xudong. Zou Fufang would replace the environmental protection and sanitation bureau to carry out the original contract between Ma Xuedong and Xinshi District Environmental Protection and Sanitation Bureau.
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5) Baoding City Flood Control and Management Department and Wang Zhigang (from Xinzhuang Village) signed a supplement agreement to the contract of virescence project in the flood control banks. 6) Zou Fufang and Wang Zhigang signed a waste dumpage agreement in 2003. Zou Fufang would pay waste dumpage fee to Wang Zhigang.
In accordance with the relevant contract and agreement, as well as the legal opinions submitted by Hebei Province Jiapeng Law Office, contract relief compensation will be paid to the relevant parties. Refer to Table 3-4 for the detailed compensation standards.
Table 3-4 Compensation Standard for the Proprietors Related with Landfill Operation
Compensation Amount No. Proprietors Remarks (CNY, *10,000)
1 Damafang Grain Bureau Fish pond Contract 2 Ma Xuedong (from Caozhuang Village) 11.9 Pound Transfer Contract Xinxing District Environmental Protection 3 Waste pumping Contract and Sanitation Bureau Flood Control and Virescene 4 Wang Zhiguang (from Xinzhuang Village) Contract Transfer Contract of Waste 5 Zou Fufang (from Chongqing Village) 8.2 pumping
3.6.5 Other Facilities Compensation Standard
Other facilities main include scattered structures and underground infrastructures in the ash field. Since these facilities are scattered, simple, or constructed temporarily, no compensation will be implemented.
3.6.6 Compensation Rate for the Special Items Reconstruction
No special items reconstruction will be involved in the proposed project.
3.6.7 Other Compensation Standard
Refer to Table 3-5 for other compensation rate of the project.
Table 3-5 Other Compensation Standard of the Project No. Item Standard Basis Recipient Reconnaissance, 1 Design and none Research Fee Implementation 2 150 (CNY, *10,000) Management Fee Technical 3 15 (CNY, *10,000) Training Fee External 4 Monitoring and 5 (CNY, *10,000) Evaluation Fee - D-15-27 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan
No. Item Standard Basis Recipient 5 Contingencies 80.49 (CNY, 10,000)
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3.7 Entitlement Matrix
The entitlement matrix is designed according to the relevant policies in this chapter. Refer to Table 3-6.
Table 3-6 Entitlement Matrix Entitled compensation policy and Type of Loss Impact Degree Entitlements Persons rate The project will permanently acquire Permanent land acquisition Permanent Acquisition of Collective Caozhuang The village group will get permanent collective-owned 700mu of collective land, all of which is compensation: 160,000 Land Village Group land acquisition compensation fee. rural idle land. CNY/mu The project will permanently acquire Datang Permanent land acquisition Permanent Acquisition of State-owned 2,306.42mu of state-owned land, all of Thermal Power The affected enterprise will get the land acquisition compensation: 75,000 Land which is state administratively Plant of compensation fee. CNY/mu transferred land. Baoding Temporary land occupation will happen The implementing agency is Temporary Land Occupation during the project Proprietors / responsible for the implementationperiod. restoration. House Demolishment / / / /
Enterprise Resettlement / / / / Households living under the lowest social security / / / / line Vulnerable The minorities / / / / Groups Transfer of the Beidakeng Waste Waste Resettlement Subsidies: Waste collection group Collection Group, with a total opulation Collection Cash compensation CNY 50,000. of 40 persons Group Waste 15 persons, mainly in the waste Women Collection Cash compensation / collection group Group Landfill Landfill Contractor The Landfill Contract will be relieved. The APs will get compensation for contract relief. Totally CNY 201,000. Contractors
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Entitled compensation policy and Type of Loss Impact Degree Entitlements Persons rate Infrastructure and Ground Appendix none / / /
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4 Resettlement Measures and Restoration Plan
In accordance with the investigation of the affected physical materials, the local fact, exisiting policies, laws, regulations, as well as ADB’s requirement of resettlement, the project resettlement plan is prepared by the resettlement work group, comprising of Management Committee of Baoding City National High-tech Industrial Zone, Baoding City Environmental Protection Bureau, Baoding City Construction Bureau, Datang Thermal Power Plant of Baoding City, Baoding City Kaida Thermal Power Corporation and Caozhuang Village Committee.
4.1 Tasks and Objectives of Resettlement
4.1.1 Resettlement Tasks
The project area is located in the outskirts of Main Baoding Urban Zone. The affected population includes i) relevant enterprises and their employees; ii) waste collection group living on waste collection; and 3) Caozhuang Village Collective. The APs live on work of waste collection. According to the investigation and analysis of affected physical materials, the APs needed to be resettled include:
1) Employees in ash field of Datang Thermal Power Plant of Baoding City and Baoding Kaida Thermal Power Corporation, totally 40 persons; 2) Waste collection group, including 15 households or 40 persons.
4.1.2 Resettlement Objectives
The objectives of the Resettlement Plan are to prepare an action plan of resettlement and restoration for the affected persons so as to ensure that they will benefit from the project and their living standard will be improved or at least will be restored after the project is completed.
The impacts of this project only involve that of the permanent acquisition. In order to achieve the above objectives, we will take a series of measures to make sure the affected persons will benefit from the project.
The general objectives: to prepare an action plan of resettlement and restoration for the affected persons so as to ensure that they will benefit from the project and their living standard will be improved or at least will be restored after the project is completed.
The detailed objectives: 1) No adverse effect will be caused on the production of the affected enterprises, and the productive efficiency will be improved. 2)The per capita annual net income of the affected employees will be restored or improved after the project, and the waste collection group’s living standard will be improved obviously. 3) Infrastructure, education, medical care, social welfare, natural environment, traffic, and so
- D-15-31 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan on will be improved after the project. The entrance rate of primary school and the coverage rate of basic medical service keep the original level. 4) Land of the affected village collective should be complemented after the permanent land acquisition, land use condition should be basically improved, and land use efficiency should be greatly enhanced.
4.2 Guidelines and Principles for the Resettlement Plan
4.2.1 Guidelines for Resettlement Plan
The guidelines for the resettlement plan include: i) respect and take care of local residents’ production and living conditions; ii) consider the resettlers’ opinions wufficiently, especially pay more attention to the demands of the poor and the vulnerable groups; iii) guarantee the resettlers’ basic physical living condition; and iv) combining with the local development, pilot and assist the resettlers to develop the secondary and tertiary industries, so as to restore, improve and enhance the resettlers’ production and living level, and maintain the social stabilization.
4.2.2 Principles for Resettlement Plan i) The resettlement plan should be implemented in accordance with the affected physical material index, the land acquisition compensation and the resettlement subsidies. ii) The resettlement plan should be combined with the condition of Baoding City National High-tech Industrial Zone, such as construction situation, resource exploitation condition, economy development, environment protection, etc. The resettlement plan should be prepared taking practical circumstances into consideration, which suits the actual situation and can create necessary conditions for the resettlers to develop. iii) The layout should be made in accordance with the principle of “good for production and convient for living”. iv) The construction scope and standard of the auxiliary resettlement and construction project should follow the principle of “satisfying the enterprises’ production development”. The construction scope and standard should be decided in accordance with the consultation between the affected enterprises, local government and concerned departments. v) Overall plans and all factors should be taken into consideration, and the relationship among the national, the collective and the individual should be managed directly. And, vi) Cash compensation, resettlement subsidies and production support should be combined together. The project will make full use of the natural resource advantages so as to restore and improve the resettlers’ living level gradually.
4.3 Resettlement Schemes
4.3.1 Resettlement Schemes for the Affected Enterprises
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Cash compensation is adopted as the resettlement scheme for Datang Thermal Power Plant of Baoding City. The total land acquisition compensation amount is CNY 172.982 million, with a compensation rate of CNY 75,000/mu and a total land acquisition area of 2,306.42 mu.
4.3.2 Resettlement Schemes for the Affected Village Collective
No villager resettlement issue is involved in the proposed project, since the permanently acquired land is idle land or wasteland which belongs to village public land. Compensation rate for such land is CNY 160,000/mu, the totally aquired land area is 700mu; therefore, the total permanent collective land acquisition compensation is CNY 112.00 million.
4.3.3 Resettlement Schemes for the Affected Persons
1) Resettlement for the Affected Enterprise Employees
The40 affected employees in the ash fields of Datang Thermal Power Plant of Boading City and Baoding City Kaida Thermal Power Corporation will be re-arranged by their enterprises, with an aim of guaranteeing the APs’ living standard to be restored and improved.
2) Resettlement of the Waste Collection Group
There are totally 40 persons who live on waste collection for a long time. According to the consulation, one-time compensation of CNY 50,000 will paid to them. In addition, relevant preferential policies will be established to pilot the members of the waste collection group to undertake other industries.
3) Resettlement of the Proprietors Related with Landfill Operation
Contractors of Beidakeng Landfill, including Damafang Grain Bureau, Ma Xuedong (from Caozhuang Village), Xinshi District Environmental Protection and Sanitation Bureau, Wang Zhigang (from Xinzhuang Village) and Zou Fufang (from Chongqing City), will be paid a compensation of CNY 201,000 in accordance with the relevant legal opinions.
4.4 Restoration Plan
4.4.1 Objectives of the Restoration Plan
1) To Enhance the Regional Development
As an environment comprehensive treatment project, the proposed project is not just a simple and part of restoration and treatment project. The objective of the project is to: 1)
- D-15-33 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan construct Huanghuagou Valley to be an area of good production development, good sight and good ecological environment; and 2) restore the original ecology of Huanghuagou Valley and extend the central axis in Baoding City.
2) To Restore the Proprietors’ Economy
The proposed project mainly involves in Comprehensive Treatment of Ash Filed of Datang Thermal Power Plant in Baoding City, Renovation of Beidakeng Landfill and Its Surrounding Areas, and Wastewater Intercepting Pipeline Construction in the Banks of Huanghuagou Valley. Reasonable compensation should be paid to relevant proprietors by Baoding High-tech Industrial Zone, so as to restore the livelihood of the affected enterprises, affected village collective, ans the affected persons.
4.4.2 Restoration Plan for the Proprietors
1) Restoration Measures of the Permanently Acquired Collective Land
In accordance with the project impact, the opinion and negotiation among the affected Datang Thermal Power Plant in Baoding City, Baoding Kaida Thermal Power Coporation and Caozhuang Village Committee, asset exchange and cash compensation will be adopted as the main resettlement measures. The project totally needs a permanent land acquisition of 3,006.42 mu, of which, 2,306.42 mu of ash field of Datang Thermal Power Plant in Boding City is the state transferred land, and 700 mu of landfill is village colletive idle land. Through land treatment of the ash field and the landfill, all the permanently acquired 3,006.42 mu land will become common land with a higher land utilization value. i) Economy Restoration of Datang Thermal Power Plant in Baoding City Land acquisition compensation will be paid to Datang Thermal Power Plant to restore its economy. ii) Livelihood Restoration of the Affected Village Collective and the Relevant Proprietors The affected village collective plans to invest the land acquisition and resettlement compensation in non-agricultural activities, such as establishing small business and developing infrastructure in the village, etc. The use of compensation fee has to be agreed upon by all villagers. The use of compensation fee should be reasonable, open and transparent and monitored by villagers in order to benefit all villagers.
For the waste collection group, the government will help them to search new job opportunities so as to restore and improve their livelihood.
2) Restoration Measures of the Temporarily Occupied Land
The main temporarily occupied land of the project is the areas used for construction of the wastewater intercepting pipeline network in the banks of Huanghuagou Valley. No
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The temporary land occupation impact is limited to the implementation period. Different restoration methods will be adopted in accordance with the nature and characteristics of the temporarily occupied land. When the project is finished, the construction unit will be responsible for the restoration of the occupied land.
3) Restoration Measures of the Affected Structures and Ground Appendix
Cash compensation for the affected structures, ground attachments and underground pipelines will be paid to Datang Thermal Power Plant and Baoding City Kaida Thermal Power Corporation. This cost will be included in the land acquisition and resettlement compensation.
4.4.3 Other Supportive Policies
1) Priority to the Work Opportunity in the Project Construction
The construction of this project will create some certain temporary or semi-fixed construction work chances which include material transportation, earthwork project and food provision, etc. Laborers in the affected households will enjoy the priority of taking part in the construction, working at the non-technical posts so as to increase their income and improve their living standard.
When the project is finished, the High-tech Zone will recruit from the affected households some workers who will be responsible for the afforestation protection, tidiness, etc.
2) APs Training
For those APs who would like to stay in Baoding City, Baoding Municipal Government and Management Committee of Baoding City Nationla High-tech Industrial Zone will organize them to accept technical training. The training includes: 1) economic crops farming, 2) farming machine and equipment maintaining, 3) animal and poultry breeding, 4) sewing skill, 5) enrollment and operation of small-size business, etc. These training plans have independent budget, and all the APs can participate. Subsidies will be paid to the participants. The training budget will be distributed to local training institutions, such as technical training center, agricultural technology extension center, and the Women’s Federation.
3) Protect Women’s Rights and Support the Vulnerable Groups
In order to protect the women’s rights, many regulations have been established by Commission of Politics and Law, Hebei Provincial Party Committee, Hebei Province
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Women’s Federation, Hebei Province Publicity Department and relevant departments. The regulations and files include Women Development Plan in Hebei Province (JF [2003] 36), Women Development Plan in Baoding City (BFZ [2003] 24), etc. In the plan and preparation stage of the Resettlement Plan, Baoding City High-tech Zone organized the women villagers to actively take part in the investigation of the project impacts and acquired them of their thoughts about the income restoration program. They were approval of the project, thinking that the construction of the Huanghuagou Valley Comprehensive Treatment Project is good for improving the environment of Baoding City and Baiyangdian Lake Catchment, that the land acquisition doesn’t have much impact on their life. They wish to get cash compensation and physical materials compensation and so on.
In order to benefit the affected vulnerable groups, Baoding High-tech Zone will support them together with Civil Affairs Department. After the RP is approved, Baoding High-tech Zone and the Civila Affairs Department will carry out support and assistance to the vulnerable group (waste collection group in the project), especially for the affected women, so as to improve the living standard of the affected vulnerable groups and the affected women.
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5 Institutional Framework
5.1 Institution Establishment
During the project preparation and implementation process, a top-down institutional framework has been established, so as to plan, harmonize and monitor the resettlement activities. Institutions responsible for the land acquisition and demolishment include:
1) Project Resettlement Leading Group; 2) Land Acquisition and Resettlement Office of Baoding City National High-tech Industrial Zone; 3) Datang Thermal Power Plant of Baoding City; 4) Concerned village committees and villager groups; 5) Project Design Agencies; and 6) External Monitoring and Evaluation Agencies.
5.2 Institution Composition and Their Duties
5.2.1 Project Resettlement Leading Group
In order to ensure the successful implementation of the land acquisition and resettlement and the achievement of the planned results, Baoding City government set up a project resettlement leading group to prepare for the project and coordinate the implementation process. The group consists of leaders from Baoding City Government, Baoding City National High-tech Industrial Zone, Baoding City Construction Bureau, Baoding City Land and Resources Bureau, Baoding City Environment Protection Bureau, etc. The main duties of the Resettlement Leading Group are to lead the project, to establish policies of resettlement and to organize and negotiate the relationships of all levels agencies. Its subordinate is the Project Management Office (PMO) which is located in Management Committee of Baoding City National High-tech Industrial Zone.
5.2.2 Land Acquisition and Resettlement Office of Baoding City National High-tech Industrial Zone
Management Committee of Baoding City National High-tech Industrial Zone is the project implementation agency. Baoding City National High-tech Industrial Zone Development Corporation sets up land acquisition and resettlement office. As the management institution of land acquisition and resettlement, the office mainly takes the following responsibilities:
1) Establish land acquisition and resettlement policies; 2) Entruste the desin institute to define the project impact scope, investigate the affected physical goods index data, and take charge of data keeping; 3) Apply for land use planning permit and land use construction permit;
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4) Train the main resettlement cadres of the land acquisition and resettlement office; 5) Organize and harmonize the preparation and implementation of the RP; 6) Resettlement funds management, disbursement and funds use supervision; 7) Guide, harmonize, and supervise the resettlement activities and schedule; 8) Take charge of and examining the internal monitoring activities, and be in charge of the resettlement reports preparation; and, 9) Choose external monitoring institute and assist external monitoring activities.
5.2.3 Datang Thermal Power Plant in Baoding City
The resettlement work group of Datang Themal Power Plant in Baoding City includes the main cadres of Datang Thermal Power Plant in Boding City and Boaidng City Kaida Thermal Power Corporation. Its responsibilities are as follows:
1) Participate in the socio-economic investigation and project impact imvestigation; 2) Consult and negotiate with the employees, and disseminate the resettlement policies; 3) Organize resettlement activities; 4) Take charge of land acquisition and resettlement compensation fund management and disbursement; 5) Reflect the resettlers’ opinions and suggestions to the upper-level departments; 6) Reporting the resettlement implementation process; and, 7) Supply help to the affected employees.
5.2.4 Affected Village Committee and Affected Village Group
The resettlement work group of Caozhuang Village includes the main cadres of the village committee and the village groups. Its responsibilities include:
1) Participate in the socio-economic investigation and project impact imvestigation; 2) Organize public consultation, and disseminate the resettlement policies; 3) Organize resettlement activities; 4) Take charge of land acquisition and resettlement compensation fund management and disbursement; 5) Reflect the resettlers’ opinions and suggestions to the upper-level departments; 6) Reporting the resettlement implementation process; and, 7) Supply help to the vulnerable groups affected by land acquisition.
5.2.5 Project Design Agencies
The design agencies include all the design institutes and corporations which take part in the project design. The project design agencies’ responsibilities include:
1) Design the detailed items of the project in accordance with the contract; and,
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2) Define the land acquisition scope.
5.2.6 External Monitoring and Evaluation Agencies
Baoding City PMO will confirm the independent resettlement monitoring agency by the way of invitation and bidding. The main responsibilities of the external monitoring and evaluation agency include:
1) The external monitoring and evaluation agency will make regular follow-up monitoring and evaluation of the resettlement implementation, monitor the progress, quality and fund of resettlement, and give advice. These agencies will also make follow-up monitoring of production and living standards of resettlement, and submit independent monitoring and evaluation report to Baoding City PMO and Asian Development Bank. 2) The external monitoring and evaluation agency will supply technical consultation to Baoding City National High-tech Industrial Zone, in terms of data investigation and data analysis.
5.3 Staff Arrangement
In order to guarantee the successful implementation of the Resettlement Plan, resettlement institutions on every level have arranged special staff to form an unimpeded information communication channel. Refer to Table 5-1 for the staff arrangement in resettlement institutions involved in the project.
Table 5-1 Staff Arrangement in Resettlement Institutions Involved in the Project Staff Staff Arrangement Institution Name Arrangement During High-Season Staff Identity Year to Start the Work (No.) (No.) Baoding PMO 5 8 Officials 2005.03 Project Officials, and Resettlement 5 8 2006.03 technicians Leading Group Land Acquisition and Resettlement Technician, Office of Baoding 5 10 socio-economy 2005.05 City National investigation personnel High-tech Industrial Zone Datang Thermal Power Plant of 2 4 Cadres, technician 2005.10 Baoding City Concerned Village Committee and 3 5 Village cadres 2006.12 Village Group Project Design Senior engineers, 2 5 2006.07 Agency engineers External Monitoring 3 4 Professors, engineer 2007.08 Institution Total 25 44
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5.4 Institution Connection
During the land acquisition and resettlement preparation and implementation, in order to make every institution know their work and responsibilities clearly, Land Acquisition and Resettlement Office of Baoding National High-tech Industrial Zone signed work requirement, assignation agreement or contract with Datang Thermal Power Plant of Baoding City, relevant village committees, design agencies and monitoring and evaluation agencies. The Land Acquisition and Resettlement Office of Baoding National High-tech Industrial Zone will take all responsibilities of land acquisition and resettlement. During the project implementation, the Land Acquisition and Resettlement Office of Baoding National High-tech Industrial Zone will sign land acquisition and resettlement compensation agreement with every resettlement implementation agencies. The contents of land acquisition and resettlement compensation agreement are as follows:
1) Management Committee of Baoding National High-tech Industrial Zone will establish Resettlement Plan and Tasks, and supervise the land acquisition and resettlement office to implement the plan and tasks. 2) Baoding National High-tech Industrial Zone Development Corporation will hand the Resettlement Plan and Tasks out to Datang Thermal Power Plant of Baoding City, Caozhuang Village Committee, Huazhuang Village Committee and other relevant village committees, and put forward matters and requirements which need them to assist. 3) Management Committee of Baoding National High-tech Industrial Zone will sign design contract of project or subprojects with the project design agencies. 4) Management Committee of Baoding National High-tech Industrial Zone will sign an agreement of independent monitoring and evaluation on land acquisition and resettlement with the external monitoring and evaluation agency.
All the work requirements, assignation agreements and contracts will confirm the relevant institutions’ work contents, responsibilities, rights and obligations.
5.5 Enhancement Measures for Resettlement Institutions
5.5.1 Staffing
The staffs from every level of institutions include technicians and administrative managers. All the staffs must be provided with special knowledge and high management capacity.
5.5.2 Training for Resettlement Officers
1) Organize training on the key members who are engaged in the resettlement, so as to make them to know the relevant resettlement policies in China, and the ADB’s requirement. 2) Organize training on the key members who are engaged in the resettlement, so as
- D-15-40 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan to make them to be more capable of policies management. 3) Fund and facilities are sufficiently guaranteed, the concerned institutions are equipped with telephones, fax machines and computers, etc. 4) Establish a rewards and punishment system for the land acquisition and resettlement staffs, so as to mobilize their enthusiasm. 5) Establish land acquisition and resettlement management information system, use computer to process the data of land acquisition and resettlement, enhance the information feedback and guarantee an unimpeded communication of information up and down. 6) Improve the reporting system, strengthen the internal monitoring and solve problems found in time. 7) Improve the external monitoring and evaluation mechanism, set up early warning system. The external monitoring and evaluation institution should propose in time suggestions and solutions to the existing problems to the resettlement implementation unit.
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6 Public Participation and Grievance Redress
According to policies and regulations of ADB, China and Hebei Province on land acquisition and resettlement, it is necessary to carry out public participation in the project preparation and implementation period in order to well adopt the proposals and suggestions of the APs, to further work out policies and detailed regulations concerned with land acquisition and resettlement, to prepare a good resettlement plan, to effectively organize the implementation, to protect the legal rights of the APs, to reduce their complaints and achieve the resettlement objectives.
6.1 Public Participation
The project pays more attention on the public participation and consultation during the resettlement policy establishment, RP preparation and project implementation. Opinions and suggestions from various social organizations, government departments and the affected persons are well collected and considered. During the project FSR design period, the implementation agency and the design agency consulted with people’s congress of relevant local departments, political consultative conference, mass organizations, town/township government and APs representatives on the issues such as construction scheme of the project, resettlement measures and resettlement means. During the resettlement preparation period, the Project Resettlement Office solicited local government and the APs representatives’ opinions and suggestions on land acquisition and resettlement policies, and completed the Resettlement Plan with the assistance of local government. During the project implementation period, resettlement institutions of all levels will encourage public participation in the resettlement, livelihood restoration and re-built work.
6.1.1 Public Participation in the Project FSRs Period
1. During the project preparation period, relevant departments of Baoding Municipal Government held many consultation meetings on the issues of ash field treatment and landfill management. In April 2004, two consultation meetings were held by the Management Committee of Baoding National High-tech Zone to discuss the pollution issues of ash field and landfill. Finally, an action group was formed, comprising of Baoding City Environmental Protection Bureau, High-tech Zone Industrial and Commercial Bureau, High-tech Zone inspection brigade, ash filed and villagers. On the one hand, the action group takes charge of answering the APs’ queations and supplying law consultation, on the other hand, it can compulsorily ban those ash fields who do not obey the management and the notification. In April 2006, Baoding Municipal Government held a meeting of strengthening the ash field treatment work of Datang Thermal Power Plant (in Baoding City) in the project site. Participants of the meeting visited the ash field, and heard the process of the ash field treatment work and public opinions. A consensus was achieved by the meeting that the ash field treatment would be an important measure to solve the pollution problem of Baoding
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City and Baiyangdian Lake Catchment.
2. During the project design process, technicians from the project construction agency and the design agency visited many project sites, and collected the opinions and suggestions from various departments, such as Baoding City Development and Reform Bureau, Land and Resources Bureau, Civil Affairs Bureau, Environmental Protection Bureau, affected village committees, village groups, etc. Such opinions and suggestions will be considered during the comparative schemes design and choosing, so as to minimize the effect of land acquisition and resettlement.
3. In order to disseminate the project, as well as further to know the public’s opinions on project construction and resettlement, the work personnels of the implementation agency went to the affected township and affected village groups to collect the APs’ opions and suggestions through discuss meetings, to disseminate the necessity of the project and the resettlement policies, and to solicit the APs’ opinions and suggestions on resettlement measures.
6.1.2 Public Participation in the Project Preparation Period
1. From July to August 2006, Baoding National High-tech Zone Development Co, Limited conducted the preliminary survey of house condition and socio-economic status in the land acquisition scope. The resettlement representatives also participated in the survey and listened to the public opinions on the land acquisition and resettlement compensation. Such opinions have been considered sufficiently during the resettlement plan preparation.
2. Management Committee of the High-tech Zone organized and held a dissemination meeting with participants of all levels of local government cadres and various APs. The meeting disseminated various policies, including the existing national, provincial and municipal resettlement policies and ADB’s relevant policies. Opinions and suggestions about how to minimize the project effect, how to relocate the APs, how to compensate the APs and so on were collected and consultated.
3. Land acquisition and affected physical investigation was conducted from July 2006 to August 2006. Meanwhile, the land acquisition office listened to the villager representatives’ opinions on site selection, construction scope, construction scheme, land acquisition and resettlement, relocation, compensation standardand so on, and conducted comprehensive consultation, with the principle of fully respecting the resettlers’ even requirements and opinions. In addition, the land acquisition office also conducted comprehensive socio-economic investigation, public opinion survey and psychological investigation. During the socio-economic investigation, the APs were visited door to door to get their resettlement opinion and attitude to the project. The comprehensive survey settled base for the resettlement plan preparation.
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4. The socio-economic investigation was well supported by local government, affected village groups and the APs. That is to say, all of them participated in the resettlement plan preparation.
Table 6-1 Public Participation during the Period of Project Preparation Number Department Date Participants of Aim Remarks People The affected Management Establish action group, listen to persons, relevant To deal with the Committee of the public opinions April, 2004 governmental 30 pollution problem the High-tech Put down the ash fields which departments, and of ash field Zone do not obey the management. village cadres Baoding Participants visited the ash Concerned To enhance the Municipal field, listened to the treatment April, 2006 government 15 ash field treatment People’s process and brought forward some departments process Government suggestions. PMO, Hongda Corporation, High-tech Preliminary Zone The APs, village investigation of Introduce the background and Development June, 2006 cadres and project 10 project feasibility, aim of the project Co. Limited, technicians field survey and and Land project impacts and Resources Bureau High-tech Zone RP preparation, assist the project impacts Development concerned investigation of investigation Co. Limited, July– government and resettlement The village representatives Land and August, 10 village impacts and strongly expressed the necessity of Resources 2006 representatives socioeconomic the project Bureau, and situation Hongda Corporation, High-tech Zone Development September - the affected prepare for income Discuss the compensation Co. Limited, Novermber, persons and 14 restoration scheme and the income restoration and Land 2006 village group program scheme and Resources Bureau
6.1.3 Resettlement Information Booklet
Based on the resettlement policies and entitlement pattern, the resettlement information booklet was prepared by High-tech Zone Development Co. Limited, and handed out to the APs. It aimed to let the APs know: 1) the applied policies and regulations; 2) the related entitlements and compensation standard; and 3) livelihood and living restoration plan. It would also make the resettlement transparent. The booklet includes project profile, project impact scope, Chinese land acquisition and - D-15-44 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan resettlement laws and regulations, land acquisition and resettlement compensation standard, grievance redress procedure, income restoration plan, project budget, project schedule, etc.
The bookelet has been handed out to the APs, the project location government and residential committees in December 2006. Hereafter, a series of community meeting and household visits would be conducted to answer the questions related with land acquisition and resettlement, to solicit the public opinions and suggestions, and to inform the APs that they can bring forward their requests and appeal through various channels (to BaodingMunicipal People’s Government, district-level government and residential committee, etc.) and different ways (such as personal visitation, letters, phones, etc.).
6.2 Public Participation Plan
In order to answer the APs’ questions about resettlement, further consultation with the APs will be continued until the resettlement plan implementation. The consultation meetings will be held by the project executive agency. Every affected household will be given the chance to be consultated before signing the resettlement agreement. Refer to Table 6-2 for the public participation plan during the resettlement implementation process.
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Table 6-2 Public Participation Plan of the Project Aim Means Time Department Participants Topic Resettlement village notice PMO, and Information board and High-tech Zone Announce resettlement , 2006.12 all APs Booklet villager Development Co. information Dissemination meeting Limited PMO, High-tech village notice Zone Development announce the Land Acquisition board and Co. Limited, Land requisitioned land area, 2007.09 all APs Announcement villager and Resources resettlement rate and meeting Bureau, township resettlement means and village cadres Resettlement Plan 2007.03 the ADB Website announce the draft RP Announcement Announcement PMO, High-tech of land village notice Zone Development Acquisition board and Co. Limited, Land Compensation fee and Compensation 2007.09 all APs villager and Resources disbursement mode and meeting Bureau, township Resettlement and village cadres Scheme Inform the APs of the project Stakeholders, High-tech Zone process, final villager beneficiaries, and 2007.09 Development Co. Project Process design and meeting APs related with Limited project the project schedule PMO, High-tech Recheck of Zone Development Check and remedy, field survey 2007.09 all APs Physical Index Co. Limited, township identify the final result and village cadres Confirm the villager PMO, High-tech discuss the final income Income meeting Zone Co.Limited, and restoration program and Restoration 2007.10 all APs (several township/village the compensation fee Program and its times) cadres using scheme Implementation Hold a meeting with Inform the APs of PMO, High-tech participants of entitlements and villager Zone Co.Limited, and 2007.10 all APs residential households compensation meeting township/village to inform them of the disburse date cadres entitlement points. PMO, High-tech To confirm whether it is Supervision by Household Zone Co.Limited, and 2008.01 Random Sampling necessary to add the APs Interview township/village support. cadres
6.3 Grievance Redress
6.3.1 Possible Grievance Redress Measures
The resettlement report sufficiently considers the various resettlement possibilities in the project impact scope. However, some unforeseeable problems may happen, which will lead to appeal. According to the past experience, the common appeals include property disputation, reward standard, reward disbursement, disputation on
- D-15-46 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan resettlement and livelihood restoration plan.
The APs’ opinions have been discussed in the consultation meeting with many participants of officials, the affected villages and the EAs. Strategies for resettlement and income restoration measures have been made: 1) cash compensation will benefit the APs directly; 2) to ensure the compensation fund to be disbursed in time; 3) develop non-agriculture and small size enterprises; and 4) supply help to the small-size home operational business, especially to those women and other vulnerable groups.
6.3.2 Grievance Redress Channel and Procedure
Public participation is encouraged in both the preparing and the implementing process of the resettlement action plan, so there should not be immense controversies to incur. However, in the whole process, some unforeseeable problems may happen. In order to effectively solve the problems and guarantee the successful implementation of the project and land acquisition, a transparent and effective grievance redress channel is to be set up in the project. The basic solution procedures are as follows:
- Stage 1: If the rights of the affected households are infringed in any respect of the land acquisition and resettlement, the affected households can complain or appeal to the Village Committee in oral or in written form. If an oral appeal is made, the Village Committee must record it on paper and respond to it. The above appeal is to be handled in no more than two weeks. - Stage 2: If the AP is not satisfied with the decision in stage 1, he/she can appeal to Land Acquisition Office of Baoding High-tech Industrial Zone or the Resettlement Office after receiving the decision, Land Acquisition Office of Baoding High-tech Industrial Zone or the Resettlement Office will reach a solution in no more than two weeks. - Stage 3: If the AP is not satisfied with the decision in stage 1, he/she can appeal to Baoding City Huanghuagou Valley Environment Comprehensive Treatment Project Management Office (PMO) or the Baoding City Land and Resources Bureau after receiving the decision, Baoding City Huanghuagou Valley Environment Comprehensive Treatment Project Management Office (PMO) or the Baoding City Land and Resources Bureau will reach a solution in no more than two weeks. - Stage 4: If the AP is still dissatisfied with the decision made by Baoding City Huanghuagou Valley Environment Comprehensive Treatment Project Management Office (PMO) or the Baoding City Land and Resources Bureau, he/she can, after receiving the solution, appeal progressively to administrative agencies of jurisdiction according to Administrative Litigation Law of PRC and call for arbitration.
All of the institutions accept the appeals and grievance of the affected persons free of charge, and the proper expenses occured thereof will be paid in the contingencies of this project. The grievance redress procedures are valid in the whole construction period, so that the affected persons may apply them to solve relevant problems.
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Figure 6-1 Flow Chart of the Grievance Redress
Baoding High-tech Zone, Resettlement Leading Group, Baoding Municipal People’s Municipal Land and Resources Court
External Monitoring Baoding High-tech Zone, and Evaluation Land Acquisition and Resettlement Baoding discipline inspection Agnecy Office of Baoding High-tech Zone and controlling Department
Baoding High-tech Zone, Caozhuang Village Baoding Complaint letter and Committee request handling office
APs
Figure 6-1 Flow Chart of the Grievance Redress
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7 Resettlement Cost Estimate
7.1 Design Base and Principles
The resettlement plan cost estimate is formed in accordance with the existing releveant policies of the state, Hebei Province and ADB.
Land Administration Law of the People’s Republic of China State Council Management regulations on civic building removal Regulations on Land Administration of Hebei Province Management and implementation measures on civic building removal of Hebei Province Management measures on civic building removal fo Baoding Municipality Project Files and Meeting Summaries of Baoding Municipal Government and Management Committee of Baoding City High-tech Zone Handbook on Resettlement: A Guide to Good Practice, ADB Manila,1998
7.2 Resettlement Cost Estimate
7.2.1 Basic Costs
The basic costs include land acquisition and resettlement costs related with permanent land acquisition of ash field in Datang Thermal Power Plant (Baoding City), and Beidakeng Landfill idle land. Refer to Table 7-1 for the overall schedule of the resettlement investment estimate.
Table 7-1 Resettlement Compensation Cost Estimate of Huanghuagou Valley Project Compensation No. Items Quantity Estimate Amount Remarks Rate Permanent Land 1 Acquisition Compensation Reaquire the CNY CNY 172,98.15 1.1 state-owned 2,306.42mu Ash field land 75,000/mu million Transferred Land Permanent Collective CNY CNY 112.00 1.2 700mu Landfill land Land Acquisition 160,000/mu million 2 Resettlement Subsidies Compensation for the Compensation for the 2.1 CNY 201,000 proprietors related with Proprietors landfill operation Compensation for the Compensation for the 2.2 CNY 50,000 Vulnerable Groups waste collection group Temporary Land 2.3 Occupation 0 none Compensation CNY 285,23.25 Total million
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7.2.2 Other Costs
Other costs such as land acquisition tax, cultivated land reclamation fee, fee for paid-for new nonstruction land use and so on will not be involved in the costs estimate. Refer to Table 7-2 for other costs of the project.
Table 7-2 Estimate of Other Costs in the Project No. Costs Items Calculation Basis Costs Amount Remarks Implementation 1 CNY 1.50 million Management Fee External Monitoring and 2 0.3% of the basic costs CNY 854,900 Evaluation Fee 3 Skill Training Fee CNY 150,000 Total CNY 2.5049 million
7.2.3 Contingencies
Refer to Table 7-3 for the contingencies estimate.
Table 7-3 Contingencies Estimate No. Costs Items Calculation Basis Costs Amount Remarks The contingencies have been arranged in the 1 Contingencies 0 FSR. No more will be refered here. Total 0
To sum up, the total land acquisition and resettlement costs estimate is CNY 287.7374 million. Refer to Table 7-4 for the details.
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Table 7-4 Total Land Acquisition and Resettlement Costs Estimate of the Project No. Costs Items Amount Percentage Remarks Permanent Land 1 Acquisition Compensation Call Back the state-owned Tranferred CNY 172.9815 million 60.12% Ash field land Land Permanent Collective CNY 112.00 million 38.92% Landfill land Land Acquisition 2 Resettlement Subsidies Compensation for the Landfill Treatment CNY 251,000 0.09% proprietors and vulnerable groups 3 Other Costs Implementation CNY 1.50 million 0.52% Management Fee External Monitoring and CNY 50,000 0.02% Evaluation Fee Skill Training Fee CNY 150,000 0.05% 4 Contingencies Contingencies CNY 804,900 0.28% Total CNY 287.7374 million 100.00%
7.3 Fund Disbursement
7.3.1 Fund Disbursement Principles
To ensure the timely availability of the fund in full, the restoration of the production and living standard, and the income of affected persons, the following measures will be adopted as the disbursement principles of land acquisition and resettlement fund:
- All the fees concerning the land acquisition and resettlement will be budgeted in the project total cost. - All the land compensation fee and the resettlement subsidies should be paid prior to the land acquisition so as to ensure that all the affected persons receive well-arranged resettlement. - For the smooth implementation of land acquisition and resettlement, financial and supervisory institutions of all levels should be established to make sure all the funds can be disbursed in due time.
7.3.2 Fund Management
To ensure the timely availability of the fund in full, the restoration of the production and living standard, and the income of affected persons, IA of Baoding National High-tech Zone Development Co. Limited (subordinate of Management Committee of Baoding High-tech Zone) will adopt the following measures:
(1) Special Account should be established: the EA will establish a special account in
- D-15-51 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan the financial institutions. Land acquisition and resettlement compensation fund will be deposited into the account. The EA will sign agreement on the affairs of fund use scope, fund use plan, supervision and management, etc. The agreement and the certificate of land acquisition and resettlement compensation supplied by the financial institutions will be submitted to the land acquisition and resettlement management department by the project executive agency. Land acquisition and resettlement management department takes charge of the supervision and management of the land acquisition and resettlement compensation fund. It will check the disbursement and use of the compensation fund. (2) Land Acquisition Agreement should be signed. According to the compensation policies and compensation rate in the RP, a “land acquisition agreement” should be signed. (3) Fund Disbursement. The EA (Baoding National High-tech Zone Development Co.Limited) will distribute the compensation fund to the affected agencies through bank accounts.
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8 Resettlement Implementation Plan
8.1 Principles of Resettlement Implementation
According to the plan of the project implementation of Huanghuagou Valley Comprehensive Treatment Project, this project will begin in February, 2008, and will be finished by June 2010. To connect the plan of resettlement implementation progress with that of project construction, the land acquisition will start in September, 2007, and will be finished by December, 2007. The basic principles for resettlement implementation plan are as follows:
- The land acquisition must be finished at least one month prior to the start of project construction, so as to leave enough time for those affected villages to prepare for the resettlement and income restoration program. - Those affected persons should have the opportunity to participate in the project during the process of resettlement. Before the start of the project construction, the area of land acquisition should be made known to the public, the resettlement information booklet should be issued, and that the public can participate in the related work should be ensured. - All kinds of compensation should be paid directly and fully to the property owner within three months after the approval of land acquisition compensation and resettlement plan. No unit or individual can use the compensation fee on behalf of the property owner. And there should be no discount for the compensation, whatever the reason is.
8.2 Basic Contents
The proposed project involves land acquisition and resettlement and treatment of the ash field and landfill, and the Huanghuagou Valley environmental comprehensive treatment. Land acquisition and resettlement work should be completed before the project construction. In addition, public announcement work should be conducted before land acquisition and resettlement. The RP should be prepared in advance so as to solicit opinions from all aspects and let the APs to sufficiently know relevant policies and regulations.
8.3 Resettlement Implementation Plan
8.3.1 Confirmation of Demolished Physical Materials
Management Committee of Baoding National High-tech Zone, together with Baoding Urban Construction and Demolition Engineering Department, takes responsibilities of checking all the affected ground attachments, sending the results to the IA and the IA’s director department for examination, confirming the compensation amount and other issues based on the checking results, and announcing the compensation affair to the
- D-15-53 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan concerned agencies.
8.3.2 Approval of Demolition Procedures
Land acquisition must be approved by land and resources departments. Land acquisition by the proposed project must be approved by the plan department (Baoding Plan Bureau) firstly, and then be sent to the Baoding City Land and Resources Bureau for approval. The agency who is in charge of house demolishment must obtain the house demolition permit before demolishment implementation. Baoding Municipal House Management Bureau is the administrative department of land acquisition and resettlement. All the land acquisition and resettlement work must be approved by Baoding Municipal House Management Bureau, and started after gaining house demolition permit. Or else, the house demolition will be treated as illegal. The IA should declare relevant materials from Baoding Municipal House Management Bureau in accordance with relevant regulations.
8.3.3 Sign of Resettlement Agreement
The following things should be clarified in the resettlement agreement:
1) Basic information, such as house structure, area, location, floor, orientation, mode of access to the land, etc. 2) Resettlement compensation measures. 3) Resettlement cut-off date. 4) Cash compensation amount, resettlement subsidies, other resettlement compensation, and the compensation disbursement modes and cut-off date. 5) Obligation of breaking the agreement. 6) Other issues the Parties consider to be clarified.
The resettlement compensation agreement in written form should be signed between the entrusted demolition implementation agency and the resettlers after both the parties come to agree with the amount of the affected physical materials and the compensation rate. When the resettlement compensation agreement is signed, it has legal effectiveness, which will be used as the basis of the two parties’ right and obligation.
8.3.4 Schedule for Resettlement Implementation
The plan for the general resettlement implementation progress of this project is worked out according to the land acquisition implementation progress in the project construction of Huanghuagou Valley Comprehensive Treatment Project. Land acquisition and resettlement will be started three months before the project implementation. There may be appropriate modification of the exact implementation time due to the deviation of the project general progress. Refer to Table 8-1 for the
- D-15-54 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan resettlement implementation time.
Talbe 8-1 Resettlement Implementation Schedule and Supervision Milestone
Resettlement Tasks Target Responsible Agency Deadline Status
1. Disclosure
1 village and 1 Baoding City National High-Tech Industrial 1.1 - Information booklet 2006.12 Completed enterprise Zones Ltd.
1 village and 1 Baoding City National High-Tech Industrial 1.2 - Approved RP 2006.12 Completed enterprise Zones Ltd.
1.3 - RPs posted on ADB website 1 RP ADB 2007.03 Completed
2. Approval
2.1 Approval of RP and budget Baoding Municipal Government 2007.06 Completed
2.2 Approval of land use plan Hebei Provincial LRB 2007.08
2.3 Approval of land acquisition Hebei Provincial LRB 2008.01
3. Agreements
1 village and 1 Baoding City National High-Tech Industrial 3.1 - Compensation rates 2007.10 enterprise Zones Ltd./PLG
Baoding City National High-Tech Industrial 4. Detailed Measurement Survey Recheck 2007.09 Zones Ltd./ LRB
5. Detailed Plans
1 village and 1 Baoding City National High-Tech Industrial 5.1 - Village rehabilitation plans 2007.10 enterprise Zones Ltd.
PLG/Baoding City National High-Tech Industrial 6. Establishment of Implementation Capacity 2007.09-2007.10 Zones Ltd./PMO/Others
7. Monitoring and Supervision
Baoding City National High-Tech Industrial 7.1 - Baseline survey 10 AFs 2007.09 Zones Ltd./IMA
7.2 - Set-up internal supervision As per RP Baoding PMO 2007.08
7.3 - Hiring external monitor Baoding PMO 2007.08
7.4 - Internal monitoring reports Quarterly Baoding PMO 2008.03
7.5 - External monitoring reports Semiannual IMA 2008.03
7.6 - Resettlement Completion Reports 2 reports Baoding PMO and IMA 2009.03,2010.03
Baoding City National High-Tech Industrial 8. Documentation of Consultation 2010.03 Zones Ltd.
9. Documentation of Grievances Anxin Water Conservancy Burea 2010.03
10. Compensation Payments
Baoding City National High-Tech Industrial 10.1 - To affected village 100% of funds 2007.10-2007.11 Zones Ltd.
10.2 - To affected families “ “ “ Baoding City National High-Tech Industrial 2007.10-2007.11
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Zones Ltd.
Baoding City National High-Tech Industrial 11 Civil works commence 2008.02 Zones Ltd.
Note: AFs - Affected Families; DIs - Design Institutes; IAs – Implementation Agencies; IMA - Independent Monitoring Agency; LRB - Land and Resource Bureau; PLG - Project Leading
Group; PMO - Project Management Office; VC - Village Committee.
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9 Monitoring and Evaluation
In order to ensure the successful implementation of the resettlement plan, to realize the goal of proper resettlement, the regular monitoring, including both the internal monitoring within resettlement institutions and the external monitoring, and the regular evaluation will be carried out in the implementation of land acquisition and resettlement, according to the requirements of Resettlement Policy of Asian Development Bank.
Internal monitoring and evaluation will be conducted by the IA of Baoding National High-tech Zone Development Co. Limited. For external monitoring and evaluation, qualified, independent and experienced resettlement agency will be invited as the independent resettlement monitoring agency. Resettlement monitoring and evaluation will be carried out after the land acquisition and resettlement is completed, with a monitoring period of Year 2007-Year 2010.
9.1 Objectives and Requirements of Monitoring and Evaluation
The objectives of monitoring and evaluation are to examine whether land acquisition and resettlement is implemented in accordance with the schedule and the budget estimate, whether the land acquisition and resettlement objectives are achieved, and whether the land acquisition and resettlement principles are followed.
The monitoring and evaluation at least include: i) monitoring the implementation process and validity of land acquisition and resettlement; and ii) evaluating income restoration and resettlement condition of the APs and affected communities.
The monitoring and evaluation should cover: i) fund disbursement; ii) the APs’ social flexibility after resettlement; and iii) the APs’ living condition and economic situation after resettlement.
The monitoring and evaluation activities should include: i) establishing data base of the APs’ socio-economic background before land acquisition and resettlement; ii) conducting daily monitoring on the APs in two years after land acquisition and resettlement; and iii) implementing evaluation of the APs’ living standard sustainability before the project in terms of both quality and quantity.
9.2 Internal Monitoring and Evaluation
Baoding High-tech Zone Development Co. Limited will collect and record all the information of land acquisition and resettlement. The whole internal monitoring framework comprises of regular monitoring and confirmation by Baoding National High-tech Zone Development Co. Limited, and continuous data from the affected community. Internal monitoring and evaluation will be conducted every three months during the project
- D-15-57 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan implementation period.
The main monitoring indexes include: i) various compensation disbursement; ii) implementation of the income restoration plan; iii) examination of grievance registration and conflict-solving activities; and iv) evaluation of income restoration process.
9.3 External Monitoring and Evaluation
Besides the above indexes in the internal monitoring, external monitoring should be carried out every 6 months and the evaluation should be conducted once a year during the resettlement emplementation period. A background survey should be carried out in the monitoring beginning phase. All the external monitoring report should be submitted to Baoding National High-tech Zone Development Co. Limited and the Asian Development Bank. Demolition professionals in different degrees will be trained by the external monitoring agency. In order to verify the resettlement completion volume, sample investigation of various affected physical materials has been conducted, which is used to confirm the project process in the internal monitoring report and the accuracy degree. As the project will not affect individually contracted land, the sample households are 10 househoulds in Cao Village.
The checking information sources are: i) Baoding Natinal High-tech Zone Development Co. Limited; ii) Datang Thermal Power Plant (Baoding City); iii) Baoding Kaida Thermal Power Co. Limited; iv) Caozhuang Village Committee; and v) other APs.
Information and data collection approaches include: i) questionnaire investigation; ii) visit and interview the affected households; and iii) interview the special and focus groups with an aim of confirming special issues, such as the affected old, the affected women, and so on by the temporary land occupation. The collected data should be analyzed in terms of affected area, resettlement place, affected time, affected types, compensation degree, resettlement course, etc.
9.4 Main Duties of Monitoring and Evaluation
Baoding High-tech Zone Development Co. Limited will collect and record all the information of land acquisition and resettlement. The whole internal monitoring framework comprises of regular monitoring and confirmation by Baoding National High-tech Zone Development Co. Limited, and continuous data from the affected community. The BPMO will submit an internal monitoring report to ADB each quarter, as part of the Project Progress reports. The external monitoring and evaluation agency will submit resettlement monitoring reports to the ADB and BPMO every six months and annual evaluation reports as well within 2 years after the completion of resettlement implementation. The internal and external monitoring reports will be disclosed on ADB website.
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The main monitoring indexes include: i) various compensation disbursement; ii) implementation of the income restoration plan; iii) examination of grievance registration and conflict-solving activities; and iv) evaluation of income restoration process.
9.5 Special Consideration
During the monitoring process, the vulnerable groups should be paid more attention in the following aspects: i) Status and function of women. The monitoring process should pay close attention to the change of women’s status, function and situation. The monitoring and evaluation agency should supply the project implementing agency with suggestions and help on the women’s issues. ii) Pay attention to the affected vulnerable groups. The monitoring process should pay close attention to the living status of the women and other vulnerable groups after the resettlement, so as to help them get rid of hard life. iii) The monitoring and evaluation processs should supply the information that whether the resettlement funds is enough and how to use the funds.
9.6 Content and Distribution of the External Monitoring Report
The external monitoring report should include: i) resettlement background suvey; ii) land acquisition and resettlement schedule; iii) compensation distribution; iv) utilization methods of land acquisition compensation and resettlement subsidies; v) utilization methods of collective compensation; vi) livelihood and income restoration; vii) evaluation of demolition implementation agency’s capacity; viii) restoration of vulnerable groups; ix) gender issues; x) participation and consultation; xi) appeal; xii) problems and suggestions; xiii) satisfactory degree of the APs; xiv) evaluation conclusion; xv) the main existing and potential problems, including the continuation of the confirmed problems; and xvi) suggestions and methods to reduce and prevent the negative impact.
The eternal monitoring should be carried out every six months. For example, the external monitoring agency promises to supply information report to the Resettlement Leading Group of Management Committee of Baoding National High-tech Zone, Baoding National High-tech Zone Development Co. Limited, Datang Thermal Power Plant (Baoding City), and Caozhuang Village Committee until the project is completed.
Baoding National High-tech Zone Development Co. Limited will send the report copy to the Baoding City Leading Group Office of Integrated Ecosystem Management and Environmental Protection of the Baiyangdian Lake Catchment Project which is funded by ADB. The report will be translated into English version and will be sent to the ADB. The Baoding National High-tech Zone Development Co. Limited should guarantee that the project progress information and status of every aspect in the land acquisition and resettlement are included in the monitoring report. After the monitoring agency finishes the impact evaluation of resettlement, Baoding National High-tech Zone Development Co. Limited should supply the ADB with a final report, which should further testify whether the negative effect has been reduced and whether the APs’ income has been restored at
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9.7 Evaluation after the Resettlement
After the resettlement has been completed, Baoding PMO together with Resettlement Office of High-tech Zone takes the responsibility of preparing a resettlement completion report. The report should prescribe the detailed information of the resettlement implementation, including permanent land acquisition, temporary land occupation, APs’ living and income restoration, resettlement costs, project schedule, grievance redress, etc. The report should be submitted to ADB before the project completion report.
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Appendix 1 Outline of External Monitoring
1. Brief Introduction
(1) In order to ensure the successful implementation of the resettlement plan, to realize the goal of proper resettlement, the regular monitoring, including both the internal monitoring within resettlement institutions and the external monitoring, and the regular evaluation will be carried out in the implementation of land acquisition and resettlement, according to the requirements of Resettlement Policy of Asian Development Bank.
(2) According to the requirements of Asian Development Bank policy, Baoding Project Management Office will invite qualified, independent and experienced resettlement agency to be the independent resettlement monitoring agency. The external monitoring and evaluation agency should be finally decided based on bidding.
(3) The external monitoring and evaluation should cover the following contents: i) the implementation process of the resettlement plan, and the effect; ii) evaluating the situation of the affected persons and affected communities after the income restoration.
2. Objectives and Requirement of Monitoring and Evaluation
(4) The objectives of monitoring and evaluation are to examine whether land acquisition and resettlement is implemented in accordance with the schedule and the budget estimate, whether the land acquisition and resettlement objectives are achieved, and whether the land acquisition and resettlement principles are followed. The monitoring and evaluation will pay attention to the APs’ situation and all aspects of resettlement, such as i) economic condition before and after land acquisition and resettlement; ii) resettlement fund disbursement; iii) environment condition; iv) restoration of the vulnerable groups; v) restoration of the temporarily occupied land; vi) measures taken by the village committee to restore the affected livelihood; and vii) analyzing the APs’ living and ecomony condition after resettlement, compared with the un-affected households.
(5) The monitoring and evaluation should include: i) establish the APs’ socio-economic minimum guarantee before land acquisition; ii) regularly monitor the APs’ resettlement and adjustment during the project implementation period; and iii) evaluate the APs’ production and living situation in one or two years after the resettlement. The evaluation should adopt both quantitative and qualitative methods, comprising of interviewing the EA, local government officials, village leaders, investigation of not less than 20% of the APs, and conducting point groups discussion such as women, the poor, the vulnerable group and the unemployed man.
3. Index of Monitoring and Evaluation
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(6) According to the setting principles, rights, restoration strategies and plan in the resettlement, the following indexes can be involved in the monitoring and evaluation: i) protecting the APs’ and affected agencies’ rights. The detailed right information of compensation, houses, cultivated land and employment will be listed in the RP. ii) Economy and production development, such as cultivated land redistribution, land restoration, job opportunities supplied to the APs. iii) Supplying alternative houses. The APs must move into the choosed house before demolition, and they should get moving and transportation subsidies in time. iv) Public infranstructure restoration. All the public infrastructures should be restored in the relocated place the same as those in the former place. v) The APs’ satisfaction degree. It should include the APs’ satisfaction with all the aspects of resettlement plan strategies. vi) Living level. Living level should be paid attention during the whole project implementation period. The potential issues in the living level restoration should be identified and reported. After the project implementation, the consultant experts will conduct comprehensive socio-economy investigation, so as to research the APs’ living situation after resettlement. Such investigation should be carried out every year with a period of two years, until most of the APs’ living level and income source have been restored. vii) The APs’ participation. The APs should participate in the project impact measure, compensation consultation, collective investment decision-making of the land compensation, and the monitoring of project process. viii) Assisting the vulnerable families, such as attention to the impact on the children, the old and other vulnerable groups, implementation of relevant laws and regulations, measures of economy restoration, and the enhancement of the women’ social status. And ix) Enough resettlement fund. The resettlement fund should be disbursed in time and in full. The financial auditing results should be invoved in the monitoring report. And the fund should be added if not sufficient.
4. Sepical Consideration
(7) During the monitoring process, special attention and help should be supllied to the women, the poor and vulnerable groups in the resettlement paln. It includes: i) women’s social status and roles. The report should pay close attention to the change of women’s social status, role and situation. At least 50% of the female APs should be investigated. ii) More attention to the vulnerable groups. The report should pay close attention to living condition of the old, the disabled and other vulnerable groups after resettlement.
5. Content and Distribution of the Independent Monitoring Report
(8) The contents of the monitoring and evaluation report should include: i) summary of the investigation, the findings of evaluation and brief summary; ii) existing and potential main issuses; iii) suggestions of relief and preventing measures; and iv) tracing measures before evaluation.
(9) During the resettlement plan implementation, the monitoring agency should submit monitoring and evaluation report to the ADB and Baoding PMO every six months. After
- D-15-62 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan the PMO has completed the Resettlement Completion Report, the monitoring agency should condect yearly evaluation activities with a period of two years, until all the resettlement issues are solved successfully.
(10) All the reports should be supplied in Chinese and English versions. In order to check the information, the PMO should supply the external monitoring agency with project process information and all aspects of land acquisition and resettlement activities. The external monitoring agency will transmit the RP to ADB directly.
6. Time and Frequency of Monitoring and Evaluation
(11) The service time of external monitoring agency is totally 4 years from 2007 to 2010.
(12) Before the completion of land acquisition and house demolishement planned in the RP, external monitoring agency will conduct an external monitoring and evaluation every six months with one month input every time. Twice Annual Evaluations should be conducted on each subproject. The investigation could be implemented by stages in accordance with the process of each subproject. The total input is 15 person-months (assistant investigators are not involved in).
Schedule for Resettlement Monitoring and Evaluation No. Monitoring report Date 1 The socio- economic baseline survey September, 2007 2 The 1st Monitoring Report March, 2008 3 The 1st Annual Evaluation Report March, 2009 4 The2nd Annual Evaluation Report March, 2010
7. Technical Route
Refer to Figure 1 for the technical route of external monitoring and evaluation.
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Project Identification
Prepare an external Monitoring and Evaluation Outline
Design survey outline, survey form, and Typical Household Record Form
Design Sample Investigation Strategy
Baseline Survey
Establish an Information System of Monitoring and Evaluation Management
Monitoring Survey
Socio-economic Monitoring Monitoring on VCs Affected Monitoring on HHs Affected Survey on EAs by Land Acquisition by Land Acquisition
Establish Monitoring Data-base
Comparing, Analysis, and Evaluation
Write Monitoring and Evaluation Report
No Whether Resettlement Monitoring is Finished or not
Finished
Figure 1 Technical Route of External Monitoring and Evaluation
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Appendix 2 Resettlement Information Booklet
Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project
National High-Tech Industrial Zones, Baoding City
Huanghuagou Valley Environment Comprehensive Treatment Project
Resettlement Information Booklet
National High-Tech Industrial Zones Ltd., Baoding City July 2007
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1. Project Introduction
1.1 Project Background
Huanghuagou Valley is a natural river. It originates from Macheng County, Baoding City, goes across High-tech Zone, joins into Daqing River in the southeast of Baoding City, and finally flows into the Baiyangdian Lake. According to the pollution source investigation, the main pollution sources for Baiyangdian Lake include: i) the untreated wastewater discharged by the enterprises in the upstream of Huanghuagou Valley, water penetration from ash field of Datang Thermal Power Plant (Baoding City), water penetration from Beidakeng Landfill, etc.
The state definitely brings forward the objective of constructing energy-saving and environment-friedly society and advancing the transformation of economy increasing modes in the Eleventh Five-Year Plan of national economic and social development. It puts forward higher request to the city development and ecological environment construction of Baoding City. According to the Baoding Urban City Overall Plan which was approved to be formally implemented by the State Council in May 21 2003, Baoding City will be built to be a modern garden city with optimized industrial structure, reasonable layout, full function, perfect infrastructure, convenient traffic, comfortable living, elegant environment and the old-city feature.
The proposed Huanghuagou Valley Comprehensive Treatment Project will create better residential environment, achieve energy comprehensive utilization, and guarantee the objective request of reginal ecological environment safety and energy intensive utilization. It meets the request of repairing and improving the ecological environment of Baiyangdian Lake and Baoding Municipal Region.
1.2 Project Profile
1.2.1 Project Implementing Agency
Baoding National High-tech Industrial Zone Development Co. Limited
1.2.2 Proposed Project Construction Site
The third phase of planned land in Baoding National High-tech Industrial Zone.
1.2.3 Content and Size of the Project Construction
The project includes two parts of environment treatment and infrastructure construction. The detailed construction contents are as follows: 1) land acquisition and treatment of ash field of thermal power palnt, to dispose the wastewater and ashes in the ash field; 2) land
- D-15-66 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan acquisition and treatment of Beidakeng Lnadfill (which is idle land), to dispose 550,000 m3 of waste in the open air, surrounding the Huanghuagou Valley; 3) field leveling, road construction, electricity and water installation, silt and dirt cleaning of Huanghuagou Valley Riverway, flood prevention bank construction, wastewater interception project, virescence, etc. 4) constructing ecological park, in accordance with the construction of the central axis in Baoding City; 5) constructing public education and demonstration base of new energy and clean energy.
1.2.4 Proposed Construction Period
The proposed project will last 4 years from 2007 to 2010.
1.2.5 Fund Arrangement
The total investment estimate of the Huanghuagou Project includes two main parts: 1) Ash Field of Datang Thermal Power Plant, Baoding City; 2) Comprehensive Treatment of Beidakeng Waste Landfill. All the permanent land acquisition compensation, house demolishment compensation, resettlement subsidies and relative costs will be calculated in the project total budget. The total land acquisition and resettlement compensation is CNY 287.7374 million, most of which is land acquisition compensation. The land acquisition compensation and resettlement subsidies accounted for 51.84% of the total project investment which is CNY 555.053 million.
1.3 Project Estimated Socio-economic Benefits
1.3.1 Social Benefits
1) The project covers a wide area. Its environment treatment effect will cover not only Baoding Municipal Area, but also involves in Baiyangdian Lake Catchment directly. The proposed project can meet the requirement of constructing environment friendly society, the national and Hebei Provincial environmental industries policies, and the ecological construction plan, which is good for constructing harmonious society.
2) The proposed project can impel the intensive utilization and functing replacement of local land assets, which can increase the assets utilization efficiency, and meet the national policy requirement of constructing asset-saving society. Datang Thermal Power Plant of Baoding City not only occupies 2,306.42mu land as ash field, but also makes 2,000mu land arrounding the ash field to be unused land, which is a great waste of land. The comprehensive treatment of the ash field will enhance the land utilization value, and bring positive effect on the surrounding area development. Meanwhile, the proposed project is also a water-saving project. The comprehensive treatment of the ash field can save 800t of water every hour with a yearly water saving amount of 700 million tons, which makes great effort for water-lack condition of Baoding City.
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3) The proposed project is located in the main urban area of Baoding City. The project construction can meet Baoding City’s construction objectives of Modern and Garden City, and be in accordance with the development orientation of Baoding High-tech Industrial Zone as National Clean Energy Base.
4) Capital and policy support can improve the waste related workers’ survival environment and living condition, which is demonstrative for the harmonious society construction.
5) The construction of Public Education and Demonstration Base for new energy and clean energy can show the efforts and results of ecological environment protection, new energy and clean energy development conducted by the ADB, the Hebei Province and Baoding Municipal Government. The base construction can also boost up the consciouseness of the public to save resource and protect environment. Meanwhile, the base will be an indicative construction of the Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project, full of social meaning.
1.3.2 Environmental Benefits
1) The proposed project will show obvious environmental benefits, including basically solving the pollution of Huanghuagou Valley, protecting and restoring the ecological environment of Baiyangdian Lake Catchment, improving the air condition of the surrounding areas, etc. Especially for the ecological park construction, it will show clear demonstration benefits of ecological system resoration, environment beautification, and public benefit, and it will become the the demonstration base of Baoding City Ecological Environment Protection, and one of the demonstration sites of National Circulation Economy.
2) The proposed project can greatly improve the environment of National High-tech Industrial Zone, Baoding City, and Baoding City Main Urban Area. Before the project, a powder-dust cingulum with a width of 1 km can go to the Phase 2 of High-tech Industrial Zone and the central urban area directly. After the comprehensive treatment of the ash field, the powder and dust pollution can be solved. Further more, the proposed project will improve the whole sight of Baoding City, and optimize the environment of Baoding City.
1.3.3 Economic Benefits
1) Direct Economic Benefit: The comprehensive treatment of the ash field can save water fee of CNY 22.00 million every year. The land clearing and reconstruction of Beidakeng Landfill can upgrade the land utilization value of the surrounding areas.
2) Indirect Economic Benefit: On one hand, the treatment of Huanghuagou Valley Pollution Fountain will change the unused land to be common land used for social development, which can enhance the economy development and city construction development. On the other hand, the treatment of Huanghuagou Valley Pollution Fountain,
- D-15-68 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan together with input for the auxiliary civil engineering and infrastructure construction, will improve the living environment and investment environment, and advance the socio-economic benefits.
2. Project Impact Scope
2.1 Permanent Land Acquisition
The project will permanently acquire 3,006.42 mu land, including 2,306.42 mu land of ash field in Datang Thermal Power Plant of Baoding City, and more than 700mu land of Beidakeng Landfill and its surrounding areas.
Datang Thermal Power Plant of Baoding acquired the 2,306.42 mu land of ash field from Dabiantuo Village and Zhangzhuang Village in 1964. The ownership of this land belongs to Datang Thermal Power Plant of Baoding City. The acquired 700mu land of Beidakeng Landfill and its surrounding area is rural collective land, which is owned by Caozhuang Village and is idle now.
2.2 Temporary Land Occupation
The temporary land occupation includes: temporary land occupation by sand&stone field, temporary land occupation by material mixing system, temporary land occupation by production and residence district during the impelemention period, temeporary land occupation by road used for project construction. The construction field for the ash field treatment and landfill clearance and disposal is all located inside the scope of permanent land acquisition, thus, no additional land will be temporarily occupied. There are existing roads to go into the ash field and the landfill, thus, no land will be needed to be temporarily occupied for temporary road construction.
The main temporarily occupied land of the project is the areas used for construction of the wastewater intercepting pipeline network in the banks of Huanghuagou Valley.
3. Compensation Standard
3.1 Compensation Principles of this Project
The principles of compensation and entitlement for this project are decided according to the regulations and policies of Chinese government and the Asian Development Bank (ADB), which aim at ensuring the access of the Aps to enough compensation and support, at least to ensure the restoration of their living standard prior to the project. Refer to Table 3-1 for the resettlement principles of the project.
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Table 3-1 Resettlement Principles of the Project Principles 1 Involuntary resettlement should be avoided or minimized where feasible; Compensation and entitlements provided for the Aps should be able to at least maintain, or improve their 2 “pre-project” standard of living; 3 No matter whether they have legal entitlements will All Aps be compensated and assisted; Where land per capita after land acquisition is not sufficient to maintain livelihood, compensation by cash or 4 through land replacement and other income-generating activities will provided for; All Aps will be adequately informed on eligibility, compensation mode and standards, livelihood and income 5 restoration program, project timing, and will be involved in RP implementation; 6 No land acquisition will take place unless replacement land or sufficient compensation are given to Aps; 7 The EA and independent/ third party will monitor compensation and resettlement operations; Vulnerable groups will receive special assistance or treatment to ensure then to better off. Aps should have the 8 opportunities to benefit from the Project; 9 RP should be combined with overall county planning; 10 RP budget should be adequate and cover full aspects.
BMG announced that the eligibility cut-off date is on 30th November, 2006. After the date, the settlement in the affected areas, newly cultivated land, newly built houses as well as any newly planted trees or newly added facilities of the affected persons aimed at extra compensation will be excluded from the range of compensation and subsidy.
3.2 Resettlement Rate
The resettlement rate of the project is decided on the basis of the laws and regulations, as well as consultation with the APs and the relevant departments.
3.2.1 Compensation Rate for the Affected Enterprise
The project will permanently acquire 2,306.42 mu land of ash field in Datang Thermal Power Plant of Baoding. Datang Thermal Power Plant of Baoding acquired the 2,306.42 mu land of ash field from Dabiantuo Village and Zhangzhuang Village in 1964. The ownership of this land belongs to Datang Thermal Power Plant of Baoding City. Therefore, compensation needs to be paid to the Datang Thermal Power Plant of Baoding. According to the survey, consultation, calculation, as well as the land acquisition compensation standard of Baoding City, the land acquisition compensation for such land is decided to be CNY 75,000 per mu.
3.2.2 Compensation Rate for the Resettlement
The waste collection group living inside the Landfill needs to be resettled. In accordance with Management System of the Tramps and Mendicants in the City, Management of Urban House Demolition, Management Methods of Uban House Demolition in Baoding City, Legal Opinions on Comprehensive Treatment of Beidakeng Landfill in High-tech Zone, as well as ADB’s relevant policies on vulnerable groups, it is decided to pay an one-time compensation of CNY 50,000 to the affected vulnerable group.
3.2.3 Compensation Rate for the Permanent Collective Land Acquisition - D-15-70 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan
Considering that most of the permanently aquired collective land is idle land or wasteland, the land acquisition compensation for such land is determined to be CNY 160,000/mu based on the collective land acquisition compensation of Baoding City, as well as the survey, negotiation and calculation.
3.2.4 Compensation Rate for the Proprietors Related with Landfill Operation
Since there are many proprietors related with Beidakeng Landfill, a multipart agreement has been formed on the waste dumpage:
1) Damafang Grain Bureau signed a fish pond contract with Caozhuang Village in 1993, with an effective period of 35 years. 2) Ma Xuedong (villager of Caozhuang Village) signed a fish pond transfer contract with Damafang Grain Bureau in 1997. According to the contract, Ma Xuedong pays contract fee to Caozhuang Village. 3) In 2001, Xinshi District Environmental Protection and Sanitary Bureau and Ma Xuedong signed a contract of establishing a landfill on the pound land. Ma Xuedong permitted Xinshi District Enviromental Protection and Sanitation Bureau to dump waste into the pound (landfill now), and received charge with a standard of CNY 1,700/mu from the environmental protection and sanitation Bureau. 4) In January 2002, Zou Fufang (coming from Chongqing City) came to an agreement with Xinshi District Environmental Protection and Sanitation Bureau and Ma Xudong. Zou Fufang would replace the environmental protection and sanitation bureau to carry out the original contract between Ma Xuedong and Xinshi District Environmental Protection and Sanitation Bureau. 5) Baoding City Flood Control and Management Department and Wang Zhigang (from Xinzhuang Village) signed a supplement agreement to the contract of virescence project in the flood control banks. 6) Zou Fufang and Wang Zhigang signed a waste dumpage agreement in 2003. Zou Fufang would pay waste dumpage fee to Wang Zhigang.
In accordance with the relevant contract and agreement, as well as the legal opinions submitted by Hebei Province Jiapeng Law Office, contract relief compensation will be paid to the relevant parties. Refer to Table 3-2 for the detailed compensation standards.
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Table 3-2 Compensation Standard for the Proprietors Related with Landfill Operation Compensation Amount No. Proprietors Remarks (CNY, *10,000)
1 Damafang Grain Bureau Fish pond Contract 2 Ma Xuedong (from Caozhuang Village) 11.9 Pound Transfer Contract 3 Xinxing District Environmental Protection Waste pumping Contract and Sanitation Bureau 4 Flood Control and Virescene Wang Zhiguang (from Xinzhuang Village) Contract 5 8.2 Transfer Contract of Waste Zou Fufang (from Chongqing Village) pumping
3.2.5 Other Facilities Compensation Standard
Other facilities main include scattered structures and underground infrastructures in the ash field. Since these facilities are scattered, simple, or constructed temporarily, no compensation will be implemented.
3.2.6 Compensation Rate for the Special Items Reconstruction
No special items reconstruction will be involved in the proposed project.
4 Resettlement Measures and Restoration Plan
4.1 Resettlement Schemes
4.1.1 Resettlement Schemes for the Affected Enterprises
Cash compensation is adopted as the resettlement scheme for Datang Thermal Power Plant of Baoding City. The total land acquisition compensation amount is CNY 172.982 million, with a compensation rate of CNY 75,000/mu and a total land acquisition area of 2,306.42mu.
4.1.2 Resettlement Schemes for the Affected Village Collective
No villager resettlement issue is involved in the proposed project, since the permanently acquired land is idle land or wasteland which belongs to village public land. Compensation rate for such land is CNY 160,000/mu, the totally aquired land area is 700mu; therefore, the total permanent collective land acquisition compensation is CNY 112.00 million.
4.1.3 Resettlement Schemes for the Affected Persons
1) Resettlement for the Affected Enterprise Employees
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The affected employees in the ash fields of Datang Thermal Power Plant of Boading City and Baoding City Kaida Thermal Power Corporation will be re-arranged by their enterprises, with an aim of guaranteeing the APs’ living standard to be restored and improved.
2) Resettlement of the Waste Collection Group
There are totally 40 persons who live on waste collection for a long time. According to the consulation, one-time compensation of CNY 50,000 will paid to them. In addition, relevant preferential policies will be established to pilot the members of the waste collection group to undertake other industries.
3) Resettlement of the Proprietors Related with Landfill Operation
Contractors of Beidakeng Landfill, including Damafang Grain Bureau, Ma Xuedong (from Caozhuang Village), Xinshi District Environmental Protection and Sanitation Bureau, Wang Zhigang (from Xinzhuang Village) and Zou Fufang (from Chongqing City), will be paid a compensation of CNY 201,000 in accordance with the relevant legal opinions.
4.2 Restoration Plan
4.2.1 Restoration Plan for the Proprietors
1) Restoration Measures of the Permaenetly Acquired Collective Land
In accordance with the project impact, the opinion and negotiation among the affected Datang Thermal Power Plant in Baoding City, Baoding Kaida Thermal Power Coporation and Caozhuang Village Committee, asset exchange and cash compensation will be adopted as the main resettlement measures. The project totally needs a permanent land acquisition of 3,006.42 mu, of which, 2,306.42 mu of ash field of Datang Thermal Power Plant in Boding City is the state transferred land, and 700mu of landfill is village colletive idle land. Through land treatment of the ash field and the landfill, all the permanently acquired 3,006.42 mu land will become common land with a higher land utilization value. i) Economy Restoration of Datang Thermal Power Plant in Baoding City Land acquisition compensation will be paid to Datang Thermal Power Plant to restore its economy. ii) Livelihood Restoration of the Affected Village Collective and the Relevant Proprietors It is encouraged that the APs should invest the land acquisition and resettlement compensation in non-agricultural activities, such as migrant labors, transportation, business or trade operation, etc. For the waste collection group, the government will help them to search new job opportunities so as to restore and improve their livelihood.
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2) Restoration Measures of the Temporarily Occupied Land
The main temporarily occupied land of the project is the areas used for construction of the wastewater intercepting pipeline network in the banks of Huanghuagou Valley. No additional temporarily occupied land will needed for the ash field treatment and landfill renovation.
The temporary land occupation impact is limited to the implementation period. Different restoration methods will be adopted in accordance with the nature and characteristics of the temporarily occupied land. When the project is finished, the construction unit will be responsible for the restoration of the occupied land.
3) Restoration Measures of the Affected Structures and Ground Appendix
Cash compensation for the affected structures, ground attachments and underground pipelines will be paid to Datang Thermal Power Plant and Baoding City Kaida Thermal Power Corporation. This cost will be included in the land acquisition and resettlement compensation.
4.2.2 Other Supportive Policies
1) Priority to the Work Opportunity in the Project Construction
The construction of this project will create some certain temporary or semi-fixed construction work chances which include material transportation, earthwork project and food provision, etc. Laborers in the affected households will enjoy the priority of taking part in the construction, working at the non-technical posts so as to increase their income and improve their living standard.
When the project is finished, the High-tech Zone will recruit from the affected households some workers who will be responsible for the afforestation protection, tidiness, etc.
2) APs Training
For those APs who would like to stay in Baoding City, Baoding Municipal Government and Management Committee of Baoding City Nationla High-tech Industrial Zone will organize them to accept technical training. The training includes: 1) economic crops farming, 2) farming machine and equipment maintaining, 3) animal and poultry breeding, 4) sewing skill, 5) enrollment and operation of small-size business, etc. These training plans have independent budget, and all the APs can participate. Subsidies will be paid to the participants. The training budget will be distributed to local training institutions, such as technical training center, agricultural technology extension center, and the Women’s Federation.
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3) Protect Women’s Rights and Support the Vulnerable Groups
In order to protect the women’s rights, many regulations have been established by Commission of Politics and Law, Hebei Provincial Party Committee, Hebei Province Women’s Federation, Hebei Province Publicity Department and relevant departments. The regulations and files include Women Development Plan in Hebei Province (JF [2003] 36), Women Development Plan in Baoding City (BFZ [2003] 24), etc. In the plan and preparation stage of the Resettlement Plan, Baoding City High-tech Zone organized the women villagers to actively take part in the investigation of the project impacts and acquired them of their thoughts about the income restoration program. They were approval of the project, thinking that the construction of the Huanghuagou Valley Comprehensive Treatment Project is good for improving the environment of Baoding City and Baiyangdian Lake Catchment, that the land acquisition doesn’t have much impact on their life. They wish to get cash compensation and physical materials compensation and so on.
In order to benefit the affected vulnerable groups, Baoding High-tech Zone will support them together with Civil Affairs Department. After the RP is approved, Baoding High-tech Zone and the Civila Affairs Department will carry out support and assistance to the vulnerable group (waste collection group in the project), especially for the affected women, so as to improve the living standard of the affected vulnerable groups and the affected women.
4.2.3 Entitlement Matrix
The entitlement matrix is designed according to the relevant policies in this chapter. Refer to Table 4-1.
Table 4-1 Entitlement Matrix Compensation Entitled Type of Loss Impact Degree Entitlements policy and Persons rate The project will Permanent The village group will get permanently acquire Caozhuang land acquisition Permanent Acquisition of permanent collective-owned 700mu of collective Village compensation: Collective Land land acquisition compensation land, all of which is Group 160,000 fee. rural idle land. CNY/mu The project will permanently acquire Datang Permanent 2,306.42mu of Thermal The affected enterprise will get land acquisition Permanent Acquisition of state-owned land, all Power the land acquisition compensation: State-owned Land of which is state Plant of compensation fee. 75,000 administratively Baoding CNY/mu transferred land. Temporary land The occupation will implementing Temporary Land happen during the Proprietors / agency is Occupation project responsible for implementationperiod. the restoration.
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Compensation Entitled Type of Loss Impact Degree Entitlements policy and Persons rate House Demolishment / / / /
Enterprise Resettlement / / / / Households living under the lowest / / / / social security line Volnerable The / / / / Groups minorities Transfer of the Waste Beidakeng Waste Waste Resettlement collection Collection Group, with Collection Cash compensation Subsidies: group a total opulation of 40 Group CNY 50,000. persons 15 persons, mainly in Waste Women the waste collection Collection Cash compensation / group Group The APs will get The Landfill Contract Landfill Totally CNY Landfill Contractor compensation for contract will be relieved. Contractors 201,000. relief. Cultural Relic, Miner none / / / Infrastructure and Ground none / / / Appendix
5 Institution Establishment
During the project preparation and implementation process, a top-down institutional framework has been established, so as to plan, harmonize and monitor the resettlement activities. Institutions responsible for the land acquisition and demolishment include:
1) Project Resettlement Leading Group; 2) Land Acquisition and Resettlement Office of Baoding City National High-tech Industrial Zone; 3) Datang Thermal Power Plant of Baoding City; 4) Concerned village committees and villager groups; 5) Project Design Agencies; and 6) External Monitoring and Evaluation Agencies.
6 Grievance Redress
6.1 Possible Grievance Redress Measures
The resettlement report sufficiently considers the various resettlement possibilities in the project impact scope. However, some unforeseeable problems may happen, which will lead to appeal. According to the past experience, the common appeals include property disputation, reward standard, reward disbursement, disputation on - D-15-76 - Huanghuagou Valley Environment Comprehensive Treatment Project Resettlement Plan resettlement and livelihood restoration plan.
6.2 Grievance Redress Channel and Procedure
Public participation is encouraged in both the preparing and the implementing process of the resettlement action plan, so there should not be immense controversies to incur. However, in the whole process, some unforeseeable problems may happen. In order to effectively solve the problems and guarantee the successful implementation of the project and land acquisition, a transparent and effective grievance redress channel is to be set up in the project. The basic solution procedures are as follows:
- Stage 1: If the rights of the affected households are infringed in any respect of the land acquisition and resettlement, the affected households can complain or appeal to the Village Committee in oral or in written form. If an oral appeal is made, the Village Committee must record it on paper and respond to it. The above appeal is to be handled in no more than two weeks. - Stage 2: If the AP is not satisfied with the decision in stage 1, he/she can appeal to Land Acquisition Office of Baoding High-tech Industrial Zone or the Resettlement Office after receiving the decision, Land Acquisition Office of Baoding High-tech Industrial Zone or the Resettlement Office will reach a solution in no more than two weeks. - Stage 3: If the AP is not satisfied with the decision in stage 1, he/she can appeal to Baoding City Huanghuagou Valley Environment Comprehensive Treatment Project Management Office (PMO) or the Baoding City Land and Resources Bureau after receiving the decision, Baoding City Huanghuagou Valley Environment Comprehensive Treatment Project Management Office (PMO) or the Baoding City Land and Resources Bureau will reach a solution in no more than two weeks. - Stage 4: If the AP is still dissatisfied with the decision made by Baoding City Huanghuagou Valley Environment Comprehensive Treatment Project Management Office (PMO) or the Baoding City Land and Resources Bureau, he/she can, after receiving the solution, appeal progressively to administrative agencies of jurisdiction according to Administrative Litigation Law of PRC and call for arbitration.
All of the institutions accept the appeals and grievance of the affected persons free of charge, and the proper expenses occured thereof will be paid in the contingencies of this project. The grievance redress procedures are valid in the whole construction period, so that the affected persons may apply them to solve relevant problems.
7 Public Participation Plan
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Aim Means Time Department Participants Topic Resettlement village notice PMO, and Information board and High-tech Zone Announce resettlement , 2006.12 all APs Booklet villager Development Co. information Dissemination meeting Limited PMO, High-tech village notice Zone Development announce the Land Acquisition board and Co. Limited, Land requisitioned land area, 2007.09 all APs Announcement villager and Resources resettlement rate and meeting Bureau, township resettlement means and village cadres Resettlement Plan 2007.03 the ADB Website announce the draft RP Announcement Announcement PMO, High-tech of land village notice Zone Development Acquisition board and Co. Limited, Land Compensation fee and Compensation 2007.09 all APs villager and Resources disbursement mode and meeting Bureau, township Resettlement and village cadres Scheme Inform the APs of Stakeholders, the project High-tech Zone villager beneficiaries, and process, final 2007.09 Development Co. Project Process meeting APs related with design and Limited the project project schedule PMO, High-tech Recheck of Zone Development Check and remedy, field survey 2007.09 all APs Physical Index Co. Limited, township identify the final result and village cadres Confirm the villager PMO, High-tech discuss the final income Income meeting Zone Co.Limited, and restoration program and Restoration 2007.10 all APs (several township/village the compensation fee Program and its times) cadres using scheme Implementation Hold a meeting with Inform the APs of PMO, High-tech participants of entitlements and villager Zone Co.Limited, and 2007.10 all APs residential households compensation meeting township/village to inform them of the disburse date cadres entitlement points. PMO, High-tech To confirm whether it is Monitor on the household Zone Co.Limited, and 2008.01 Random Sampling necessary to add APs interview township/village support. cadres
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Appendix 3 Summary of Public Meeting Summary
1. Relevant Agreement
2. Interview Records
3. Investigation of Vulnerable Groups (Waste Collection Group)
4. Interview Summary of the APs
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1. Relevant Agreement
Party A: The Baoding State High-tech Industry Development Zone Management Committee Party B: Forty people
Aiming at proceeding the land acquisition and resettlement work of Huanghuagou Valley Environment Comprehensive Treatment Project, the following agreement is signed between Party A and Party B:
A. Party B will be paid the resettlement compensation fee, CNY 50,000 in total, by Party A, given the fact that Party B will find job in other cities or return to home villages.
B. Within 15 days after this agreement is signed (before February 10th, 2007), Party B is responsible for moving from the proposed Project area with personal property. CNY 50,000 of one-time resettlement compensation fee shall be paid to Party B once Party A confirm there is no issue left over. It will be considered that Party B abandon the ownership of personal property if Party B do not remove or shift personal property to other places within the above-mentioned period. Party A shall have fully right to deal with the abandoned personal property and no compensation will be paid to Party B in this case. Party A will apply for administrative enforcement if Party B do not move out from the propsed project area within the above-mentioned period.
C. Party B has to take corresponding measures when removing or shifting personal property out of the proposed project area in order to ensure safety. Party B is responsible for any consequence caused by removing or shifting personal property out of the proposed project area activities.
D. Both parties shall not ask counterpart to perform obligation that is not defined in the agreement after the agreement is signed. Party B shall not return to the proposed project area with any reason.
E. Each party shall perform respective responsibilities and obligations that are defined in this agreement. Issues that arise from the implementation process will be addressed through negotiation between two parties. The issues shall be solved in accordance with procedures prescribed by law. Resettlement shall not be affected and delayed by theses issues.
F. Other agreement:
G. This agreement is signed in three originals. Each party shall hold one orginal. It will come into effective on the date when signed. This agreement is notarized by Baoding Municipal Notary Office.
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Party A:
Party B:
Notary Office:
January 25th, 2007
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2. Interview Records
Meeting Summary of Beidakeng Landfill Collective Interview, Baoding High-tech Zone
Time: in the morning of September 28, 2006 Place: Caozhuang Village Committee Office Participants: 6 persons from Caozhuang Village Committee, 4 proprietors related with Landfill (Beidakeng Landfill contractors, including Damafang Grain Bureau, Ma Xuedong-from Caozhuang Village, Wang Zhigang- fron XInzhuang Village, Zou Fufang-from Chongqing City, etc.), 5 representatives from the waste collection group, 5 members of Resettlement Plan Working Group, and 2 cadres from Management Committee of Boaidng National High-tech Zone.
Meeting Content:
1. The village leader introduced the meeting participants.
2. Management Committee cadre informed the participants of the proposed project meaing. According to him, Huanghuagou Valley Environment Comprehensive Treatment Project is a subproject of Integrated Ecosystem and Water Resources Management in Baiyangdian Basin Project, which is funded by ADB. It meets both the requirement of Baiyangdian Lake Catchment environmental treatment and protection, and the requirement of Huanghuagou Valley Ecological environment treatment. The proposed project will not only protect the increasingly worse ecological environment of Baiyangdian Lake, but also accelerate the ecological environment construction and public space deploitation of Baoding National High-tech Zone. It has immense ecological, social and economic benefits. However, the project wull permanently acquire 700mu collective idle land which belongs to Caozhuang Village. The resettlement plan working group has come to the site to know impact of land acquisition, and to discuss the resettlement plan schemes with the APs.
3. The village director introduced the basic information of Caozhuang Village and Beidakeng Landfill. There are totally more than 1,600 persons in the Caozhuang Village, of which, 1,450 persons are agricultural population, and the remaining 150 person are non-agricultural population. Among the total population, there are totally 680 labor forces, of which, 520 persons are agricultural labor forces, and the remaining persons are tertiary industry labor forces. The village totally has 2,689 mu collective land, of which, 359mu is occupied by the village construction, 1,580 mu is cultivated land, and the rest 750 mu is idle land or waste land. Wheat and corn are the main planting crops, with a production volume of 450 kg/mu and 550 kg/mu respectively. The per capita annual income of the village is CNY 40,000.
Beidakeng Landfill is located in the north of High-tech Zone Flood Prevention Bank,
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1,000m east to Jianshe Road, with a total land occupation of 70 mu. The land was firstly used as fish ponds. Sine March 2001, Xinshi District Environmental Protection and Sanitation Bureau began to dump construction and domestic waste into the holes. Until April 2003, High-tech Zone conducted comprehensive treatment on Beidakeng Landfill, waste dumping action was forbidden. There are many contracts related with Neidakeng Landfill operation. Therefore, the reasonable compensation should be paid to the relevant proprietors during the resettlement progress.
4. Representive from Damafang Grain Bureau introduced the information: In November 1993, Damafang Grain Bureau signed a contract for fish pond and house to develop fish breeding, with a valid period of 35 years. In July 1997, Ma Xuedong (from Caozhuang Village) transferred the contract from Damafang Grain Bureau (have no written contract). The Grain Bureau and Ma Xuedong pay contract fee to the village committee until 2009.
5. Ma Xuedong introduced the participation information: In July 1997, Ma Xuedong (from Caozhuang Village) transferred the contract from Damafang Grain Bureau (have no written contract). The Grain Bureau and Ma Xuedong pay contract fee to the village committee until 2009. In March 5 2001, Ma Xuedong signed a contract for waste dumping and the notarial deed with Baoding Municipal Environmental Protection and Sanitation Bureau. The environmental protection and sanitation bureau dumped waste to Beidakeng with a payment standard of CNY 1,700/mu to Ma Xuedong (the total area of Beidakeng is 70mu). Thereafter, Zou Fufang (from Chongqing City) signed a contract with the environmental protection and sanitation bureau, which agreed that Zou Fufang performed the waste pumping contract instead of the environmental protection and sanitation bureau.
5. Zou Fufang introduced his participation information: In January 2002, Zou Fufang who comes from Chongqing City signed a contract with Xinshi District Environmental Protection and Sanitation Bureau. The contract agreed that Zou Fufang would perfomed the contract and pay to Ma Xuedong instead of the environmental protection and sanitation bureau. Until April 2003, High-tech Zone conducted comprehensive treatment on Beidakeng Landfill, and forbid waste pumping into Beidakeng Landfill. However, Zou Fufang had paid waste pumping fee of 10mu land to Ma Xuedong in advance, with a total payment amount of CNY 17,000. Zou Fufang had asked Ma Xuedong to pay back the money, but was refused by Ma Xuedong. In January 2003, Zou Fufang signed a waste pumping contract with Wang Zhigang (from Xinzhuang Village), and he paid a deposit of CNY 10,000 to Wang Zhigang. From March 2001 to March 2003, the High-zone Environmental Protection and Sanitaion Department had dumped some waste into Beidakeng Landfill. Therefore, Zou Fufang asked the environmental protection and sanitation department to pay him compensation with a rate of CNY 12,000 every year and total amount of CNY 24,000. Zou Fufang had negotiated with the environmental protection and sanitation, but no results had been achieved.
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Zou Fufang asked High-tech Zone to pay compensation for him and his waste collection group.
7. Wang Zhigang introduced his participation information: In January 2001, Wang Zhigang (from Xinzhuang Village) signed a complementary agreement for Flood Prevention Bank Virescence Project Contract with Baoding City Urban Flood Control Department. In January 2003, Wang Zhigang contracted the hole to Zou Fufang for waste dumpage and received CNY 10,000 as deposit from Zou Fufang.
8. Cadres from Management Committee of High-tech Zone gave some opinions: According to the opinions of all proprietors as well as the differences among the proprietors, reasonable compensation will be paid in the legal scope. Compensation and resettlement for the vulnerable groups (waste collection group) will be considered firstly.
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3. Survey on the Vulnerable Groups (Waste Collection Group)
Time: in the morning of September 29 and in the afternoon of October 15, 2006 Place: Beidakeng Landfill Participants: Cadres from Management Committee of High-tech Zone, Resettlement Plan Working Group Personnel. Waste Collection Group in Beidakeng Landfill
With the help of cadres from Management Committee of High-tech Zone, Resettlement Plan Working Group personnel conducted many suveys on the waste collection groups and finally verified the basic information of the Landfill, including population, living condition, residential condition, income condition, and resettlers’ livelihood restoration which is the key point.
1. Population The landfill was formed in 2001. As the landfill developed increasingly, number of the waste collection group became more and more. There were ever 200 persons in the waste collection group in the peak time. The waste collection group was flowing with few persons staying in Beidakeng Landfill for a long time. From April 2003 on, High-tech Zone began to control waste dumpage and sanitation. Some waste collection groups had been disbanded. Until June 2003, 160 persons of the total 200 persons were disbanded back to the hometown, and the remaining 40 persons seeked for new living approaches. Based on the site survey, the rest 40 persons of waste collection group all come from Chongqing City and come to Hebei Province in the lead of Zou Fufang. Their age is between 30 to 50 years old. Totally 15 women and 10 ten-year-old kids are included.
2. Living Condition They live on waste collection and the life is quite bad with a low income. Living of persons in the waste collection group is not guaranteed in the long run.
3. Residential Condition
The residential environment is simpe and hard. The houses are temporarily-built simple structures with worse function of wind prevention and cold rejection. There is only some simple furniture in the house. Per capita dowelling space area is 5m2.
4. Income Condition
The main work is to select and distinguish the waste. The main income source is to sell waste to the waste recycle station, with a low income of CNY 500/month per capita. Persons in the waste collection group all belong to low-income population.
5. Basic Request
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The interviewed persons expressed to support the proposed project to different degree. They wished to get reasonal compensation in the resettlement, and to be given the priority of free technical training and employment opportunities in the project construction period.
6. Appendix Table – Landfill Resettlers Survey in Huanghuagou Valley Comprehensive Treatment Project
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Landfill Resettlers Survey in Huanghuagou Valley Comprehensive Treatment Project Person who Form-filling Whether have Opinions on Destination after No. Family Members From Where Request fill the form Time land or not Disbandment Disbandment Group 17 of Longyan Xiang Daozhen (wife) Village, Nongbei Resettlement subsidies Wu September 29, Wu Yanchun (son)□ Understanding Go back hometown 1 Town, Yunyang Have can be supplied by Shaoxiang 2006 Wu Yanbo (son) and support for farming County, Chongqing government Wu Yanhua (son) ○ City Group 17 of Longyan Village, Nongbei Resettlement subsidies Fang September 29, Xiang Daoqiong (wife) Retiring farmland Understanding 2 Town, Yunyang Go to other cities can be supplied by Yangqiu 2006 Fang Lai (son) to forest and support County, Chongqing government City Group 4 of Xiangyuan Pu Changxiu (wife) Resettlement subsidies September 29, Village, Heyan Town, Understanding Go back hometown 3 Wang Ziyou Wang jie (son)○ have can be supplied by 2006 Kai County, and support for farming Wang Ling (daughter)○ government Chongqing City Group 10 of Majia Wang Zhixiang (wife) Resettlement subsidies Pu September 29, Village, Heyan Town, Retiring farmland Understanding Go back hometown 4 Pu Zufeng (son)□ can be supplied by Changjian 2006 Kai County, to forest and support for farming Pu Lili (daughter)○ government Chongqing City Group 11 of Majia Resettlement subsidies October 15, Wu Dezhen (wife) Village, Heyan Town, Retiring farmland Understanding 5 Pu Yunshun Go to other cities can be supplied by 2006 Pu Jianquan (son) Kai County, to forest and support government Chongqing City Group 7 of Datian Resettlement subsidies Zhang October 15, Luo Antao (wife) Village, Heyan Town, Retiring farmland Understanding 6 Go to other cities can be supplied by Chengbin 2006 Zhang Han (son) Kai County, to forest and support government Chongqing City Group 5 of Xincun Resettlement subsidies Pu October 15, Ni Daicui (wife) Village, Heyan Town, Retiring farmland Understanding 7 Go to other cities can be supplied by Changwen 2006 Pu Chunhua (daughter)□ Kai County, to forest and support government Chongqing City Wang Zhihua October 15, Pu Changcui (wife) Group 11 of Majia Retiring farmland Understanding Resettlement subsidies 8 Go to other cities 2006 Wang Liang (son) □ Village, Heyan Town, to forest and support can be supplied by
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Person who Form-filling Whether have Opinions on Destination after No. Family Members From Where Request fill the form Time land or not Disbandment Disbandment Kai County, government Chongqing City Xiong Yangxian (wife) Group 6 of Yanshui Zhou Qin (daughter)○ Resettlement subsidies Zhou Kunhua October 15, Yanghegou, Heyan Retiring farmland Understanding Go back hometown 9 Zhou Chunhua can be supplied by 2006 Town, Kai County, to forest and support for farming (daughter)○ government Chongqing City Zhou Guowen (son) Zhou Houying (wife) Group 11 of Majia Resettlement subsidies Wang Guobin October 15, Wang Baolei (daughter)○ Village, Heyan Town, Retiring farmland Understanding Go back hometown 10 can be supplied by 2006 Wang Baoya (daughter)○ Kai County, to forest and support for farming government Wang Ge (son) Chongqing City Zhou Kunping (wife) Group 5 of Huamu Resettlement subsidies Li October 15, Li Yumin (daughter)○ Village, Heyan Town, Understanding Go back hometown 11 Have can be supplied by Guangchao 2006 Li Yufang (daughter)○ Kai County, and support for farming government Li Changjiang (son)□ Chongqing City No. 4-1, Central Villge Pu Changhui (wife) Resettlement subsidies October 15, of Nongbei Town, Retiring farmland Understanding Go back hometown 12 Jie Xiao Jie Wang (son)□ can be supplied by 2006 Yunyang County, to forest and support for farming Jie Zhengxing (son) government Chongqing City Group 3 of Baisha Resettlement subsidies October 15, Xiu Xiaorong (wife) Village, Donghua Retiring farmland Understanding Go back hometown 13 Zou Fufang can be supplied by 2006 Xu Jing (daughter) Town, Kai County, to forest and support for farming government Chongqing City Group 4 of Dajin Hu Xiaomei (wife) Resettlement subsidies October 15, Lianhua Village, Kai Retiring farmland Understanding Go back hometown 14 Li Shengyu Li Deqin (daughter) ○ can be supplied by 2006 County, Chongqing to forest and support for farming Li Decheng (son) government City Pu Changmei (wife) Group 7 of Datian Resettlement subsidies Zhang October 15, Zhang Xiaohong Village, Heyan Town, Retiring farmland Understanding Go back hometown 15 can be supplied by Chengguo 2006 (daughter)○ Kai County, to forest and support for farming government Zhang Bo (son) Chongqing City Note: 1. the table comes from sample selection of the twice investigation results. 2. “ ” means still in the landfill up to now; “○” means in the hometown, and “□” means undertaking labor migration.
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4. Interview Summary of the APs
Interview Summary (1)
Time: in the afternoon of October 15, 2006 Interviewee: Li Guangchao Interviewer: member of Resettlement Plan Working Group
Family Information: Li Guangchao comes from Huamu Village, Heyan Town, Kai County, Chongqing City. He is 52 years old and married. His wife is the same age as him. Both of them have a primary school degree. They have two daughters all of who have been married and one son who works outside.
Residential Condition: Li Guangchao and his wife live in a temporarily-built low house with a total area of 15m2. There are only some simple furniture and living things inside the house.
Present Condition: In December 2002, Li Guangchao and his wife came to Beidakeng Landfill of Baoding High-tech Zone together to undertake waste colletion in the lead of Zou Fufang. The toal income of them two is CNY 900 per month. The main expenditure which is CNY 350 per month is for daily living products purchase. The net income of them two is CNY 550 per month.
Opinion Survey: Li Guangchao knew the proposed project and was familiar with the meaning of the project. He supported the project very much and agreed to move out. Although the proposed project will affect his income, he still expressed to support the project. In his opinion, the proposed project will improve local living environment and will benefit all the national, the collective and the individual. He also wished reasonable compensation would be paid to him, and the government can give him priority to get the opportunities of employment and skill training for free.
Interview Summary (2)
Time: in the afternoon of October 15, 2006 Interviewee: Zhang Chengguo Interviewer: member of Resettlement Plan Working Group
Family Information: Zhang Chengguo comes from Chongqing City. He is 35 years old and married. His wife is the same age as him. Both of them have a primary school degree. They have one
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Residential Condition: The whole family lives in a temporarily-built low house with a total area of 17m2. There are only some simple furniture and living things inside the house.
Present Condition: In December 2002, Zhang Chengguo and his wife came to Beidakeng Landfill of Baoding High-tech Zone together to undertake waste colletion in the lead of Zou Fufang. The toal income of them two is CNY 900 per month. The main expenditure which is CNY 450 per month is for daily living products purchase. The net income of them two is CNY 450 per month.
Opinion Survey: Zhang Chengguo knew the proposed project and basically understood the meaning of the project. He agreed to move out. Although the proposed project will affect his income, he still supported the project. In his opinion, the proposed project will improve local living environment and will benefit all the national, the collective and the individual. He also wished to get reasonable compensation.
Interview Summary (3)
Time: in the afternoon of October 15, 2006 Interviewee: Wang Zhihua Interviewer: member of Resettlement Plan Working Group
Family Information: Wang Zhihua comes from Chongqing City. He is 45 years old and married. His wife is the same age as him. Both of them have a primary school degree. They have one son who works outside.
Residential Condition: Wang Zhihua and his wife live in a temporarily-built low house with a total area of 12m2. There are only some simple furniture and living things inside the house.
Present Condition: In December 2002, Wang Zhihua and his wife came to Beidakeng Landfill of Baoding High-tech Zone together to undertake waste colletion in the lead of Zou Fufang. The toal income of them two is CNY 900 per month. The main expenditure which is CNY 400 per month is for daily living products purchase. The net income of them two is CNY 500 per month.
Opinion Survey:
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Wang Zhihua heard of some information about the proposed project, but didn’t know the exact implementation time. When he was informed of the project construction content, he supported the project very much and agreed to move out. He considered the proposed project would improve local living environment and will benefit all the national, the collective and the individual. Although land acquisition of the project will affect his work, he had decided to go back home in advance. Since his physical condition is good, he can go back home to urdertake physical work. He also wished to get reasonable compensation.
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Appendix 4 Attached Pictures
Picture 1 Master Plan of Huanghuagou Valley Environment
Comprehensive Treatment Project
Picture 2 Present Situation Picture of Ash Field
Picture 3 Present Situation Picture of Landfill
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Picture 1 Master Plan of Huanghuagou Valley Enivronment Comprehensive Treatment Project
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Picture 2 Present Situation Picture of Ash Field
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Picture 3 Present Situation Picture of Landfill
Present Situation Picture of Landfill (1) Present Situation Picture of Landfill (2)
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Present Situation Picture of Landfill (3) Present Situation Picture of Landfill (4)
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