53067-004: Inclusive, Resilient, and Sustainable Housing for Urban
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Environmental Assessment and Review Framework Document Stage: Draft Project Number: 53067-004 January 2021 IND: Inclusive, Resilient and Sustainable Housing for Urban Poor Sector Project in Tamil Nadu – PART A Prepared by the Tamil Nadu Slum Clearance Board for the Asian Development Bank. This environmental assessment and review framework is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section on ADB’s website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, ADB does not intend to make any judgments as to the legal or other status of any territory or area. CURRENCY EQUIVALENTS (as of March 2019) Currency Unit – Indian rupee (₹) ₹1.00 = $0.01498 $1.00 = ₹66.7720 ABBREVIATIONS ADB – Asian Development Bank CB – Community Based Organization CLS – Core Labor Standards C-EMP – Construction Environmental Management Plan CTE – Consent to Establish CTO – Consent to Operate CPCB – Central Pollution Control Board CMDA – Chennai Metropolitan Development Authority CRVA – Climate Risk and Vulnerability Assessment D-EMP – Demolition Works Environmental Management Plan DTCP – Directorate of Town and Country Planning EA – Executing Agency EARF – Environmental Assessment and Review Framework EIA – Environmental Impact Assessment EHS – Environmental, Health and Safety EMP – Environmental Management Plan ESMS – Environmental and Social Management System EPC – Engineering, Procurement and Construction ERP – Emergency Response Plan ESA – Environmentally Sensitive Area EWS – Economically Weaker Section FGD – Focus Group Discussion GHG – Green House Gas GOI – Government of India GRM – Grievance Redress Mechanism IA – Implementing Agency HUDD – Housing and Urban Development Department IFC – International Finance Corporation ILO – International Labor Organization IOL – Inventory of Losses IP – Indigenous People LIG – Low Income Group MOEFCC – Ministry of Environment, Forests and Climate Change MSDS – Material Safety Data Sheet NABET – National Accreditation Board for Education and Training NABL – National Accreditation Board for Testing and Calibration Laboratories NGO – Non-governmental Organization O&M – Operation and Maintenance PIAL – Prohibited Investment Activities List PCB – Polychlorinated Biphenyl PCR – Physical Cultural Resources PIB – Project Information Brochure / Booklet PIC – Project Implementation Unit Circle PID – Project Implementation Division PPE – Personal Protective Equipment PMU – Project Management Unit PPP – Public Private Partnership PWD – Public Works Department QPR – Quarterly Progress Reports REA – Rapid Environmental Assessment R-EMP – Regeneration Works Environmental Management Plan RF – Resettlement Framework ROW – Right of Way RWA – Resident Welfare Association SEIAA – State Environmental Impact Assessment Authority SES – Social Economic Survey SH – Seoul Housing and Communities Corporation SPCB – State Pollution Control Board SOMP – Standard Operation & Maintenance Plan TOR – Terms of Reference TNSCB – Tamil Nadu Slum Clearance Board TNIFMC – Tamil Nadu Infrastructure Fund Management Corporation ULB – Urban Local Body WBG – World Bank Group WHO – World Health Organization NOTE In this report, "$" refers to United States dollars. CONTENTS Pages I. INTRODUCTION 1 A. Project Background 1 B. Project Rationale 1 C. Scope of Work Under Output 1 3 D. Purpose of Environmental Assessment and Review Framework 4 E. Project Categorization 6 F. Environmental Due Diligence of Sample Subprojects 12 II. ASSESSMENT OF LEGAL FRAMEWORK AND INSTITUTIONAL CAPACITY 15 A. ADB Safeguards Policy Statement 2009 Requirements 15 B. National Policy and Environmental Regulatory Requirements 20 C. Comparison of ADB SPS, 2009 Policy and National Environmental Regulatory Requirements 37 D. Applicable International Standards and Best Practices 44 E. International Agreements 49 F. Institutional Capacity 55 III. ANTICIPATED ENVIRONMENTAL IMPACTS 60 A. Project Benefits 60 B. Potential Adverse Impacts 60 IV. ENVIRONMENTAL ASSESSMENT PROCESS TO BE FOLLOWED FOR SUBPROJECTS 61 A. Environment Category 61 B. Selection of Subprojects as per Guidelines 61 C. Environmental Assessment Process for Each Subproject 61 D. Monitoring and Reporting 66 V. PUBLIC CONSULTATIONS, INFORMATION DISCLOSURE, AND GRIEVANCE REDRESS MECHANISM 66 A. Consultation and Participation 66 B. Information Disclosure 67 C. Grievance Redress Mechanism 68 VI. INSTITUTIONAL ARRANGEMENTS AND RESPONSIBILITIES 71 A. Roles and Responsibilities 71 B. Capacity Building 81 C. Implementation Schedule 84 D. Staffing Requirements and Cost Estimates 84 E. Monitoring and Reporting 88 APPENDICES 1. Template for Subproject Selection Output 1 2. Site visit Report Output 1 3. Anticipated Environmental Impacts Table Output 1 4. Rapid Environmental Assessment (REA) Checklist Urban Development 5. No Mitigation Scenario (Scoping) Checklist 6. Initial Environmental Examination Outline 7. Project Data Sheet - Information Disclosure Template 8. Grievance Registration Form Template 9. Daily Monitoring Sheet for Contractors Template 10. Quarterly Monitoring Template 11.1. Terms of Reference – Environmental Consultant 11.2. Terms of Reference – Asbestos Expert 12. Standards for Sewage Treatment Plants (STPs) 13. CPCB Guidelines for Reuse of Treated Effluent and Sludge from STP 14. Environmental, Health and Safety Audit - Template I. INTRODUCTION A. Project Background 1. The project is intended to finance series of investments via a USD 215 million sector loan in various cities of Tamil Nadu in South India. The project covers three (3) outputs. The Government of Tamil Nadu through the Housing and Urban Development Department (HUDD) will be the executing agency (EA) and responsible for overall project management and compliance with loan assurances. The Tamil Nadu Slum Clearance Board (TNSCB)1, Tamil Nadu Infrastructure Fund Management Corporation Limited (TNIFMC)2, and Directorate of Town and Country Planning (DTCP)3 will be the implementing agencies (IAs) for the outputs under the sector loan. 2. Recent weather events such as severe flooding in Tamil Nadu has highlighted the extreme vulnerability of low-income households and their livelihood. The State’s high risk for climate- related disasters makes the slums extremely vulnerable to intense rainfall and recurrent flooding given their encroachment on natural drains, which are prone to overflow during heavy rainfall. Tamil Nadu’s population living in slums amounts to 5.8 million, representing 16.6 percent of the State’s urban population. The State faces a housing shortage in urban areas of around 1.25 million units.4 Based on a recent demand survey, there are 1.39 million registered applications requesting affordable housing units in Tamil Nadu under PMAY-HFA (U)5, of which about 625,368 have been approved. The Government of Tamil Nadu is committed to addressing the State’s urban housing deficit, especially for the economically weaker section (EWS) and lower income group (LIG) population. The Government of Tamil Nadu’s “Vision 2023”6 sets out the provision of housing with infrastructure for all urban slum families in Tamil Nadu and the creation of a slum free State by 2023. 3. Given the flooding risks and the “Vision 2023”, the Government of Tamil Nadu has requested support from ADB for: (i) relocation and rehabilitation of households living in extremely vulnerable and high-risk areas in cities in Tamil Nadu; (ii) development and implementation of a housing model for industrial workforce; (iii) piloting new models of affordable housing; and (iv) regional planning. The project will also support innovation and enhance institutional capacity of the EA and IAs. The sector loan will be implemented during May 2021 – April 2028. B. Project Rationale 4. The project rationale in terms of Impact, Outcome and Outputs is provided in Table 1.1. Table 1.1. Project Impact, Outcome and Outputs Impact Permanent shelter with appropriate housing infrastructures and services for every affected household7 1 http://www.tnscb.org/ 2 http://www.tnifmc.com/ 3 https://www.tn.gov.in/tcp/ 4 Report of the Technical Group on Urban Housing Shortage, 2012-2017. 5 Government of India, Ministry of Housing and Urban Poverty Alleviation (MHUPA). 2016. Pradhan Mantri Awas Yojana – Housing for All (Urban) Scheme Guidelines (PMAY-HFA (U)). New Delhi. 6 “Vision Tamil Nadu 2023: Strategic Plan for Infrastructure Development in Tamil Nadu.” Government of Tamil Nadu. 7 Government of India, Ministry of Housing and Urban Poverty Alleviation (MHUPA). 2016. Pradhan Mantri Awas Yojana – Housing for All (Urban) Scheme Guidelines (PMAY-HFA (U)). New Delhi. 2 Outcome More inclusive and accessible urban services and infrastructures for vulnerable and disadvantaged communities, especially those from Economically Weaker Section (EWS) and Low-Income Group (LIG) Output 1 Affordable housing for vulnerable communities Output 2 Affordable Housing for urban poor and migrant workers Output 3 Regional planning 5. Output 1: Affordable Housing for Vulnerable Communities. The project will support the resettlement of slum households in vulnerable waterways/waterbodies to safe relocation sites. The project will work with government to introduce gradual changes in the delivery of affordable housing to the urban poor through: (i)