Environment and Social Systems Assessment Himachal Pradesh Power Sector Reforms Program 2021-2022 The World Bank New Delhi, India 1 Contents SECTION 1: EXECUTIVE SUMMARY ......................................................................................................... 4 1.1 Context .......................................................................................................................................... 4 1.2 Program context: PDO, Program Description ............................................................................... 5 1.3 Key Institutions ............................................................................................................................. 7 1.4 ESSA: Objectives, Scope, Bank requirements ............................................................................... 7 1.5 ESSA Methodology and Consultations .......................................................................................... 8 1.6 Report Structure ........................................................................................................................... 9 1.7 Summary of the Findings .............................................................................................................. 9 1.7.1 Legal and Policy Assessment .................................................................................................. 9 1.7.2 Program Benefits ................................................................................................................... 9 1.7.3 DLI wise Risk Assessment ..................................................................................................... 11 1.7.3 Institutional and systems Assessment ................................................................................. 14 1.7.4 Gaps in Institutional Performance ....................................................................................... 15 1.7.5 GENDER ANALYSIS .............................................................................................................. 16 1.8 Recommendations ...................................................................................................................... 18 1.8.1 Program Exclusions .............................................................................................................. 18 1.8.2 Program Action Plan ............................................................................................................ 18 1.8.3 Implementation Support Plan.............................................................................................. 20 1.8.4 Opportunities ....................................................................................................................... 20 SECTION 2: ENVIRONMENTAL AND SOCIAL ASSESMENT ..................................................................... 23 2.1 Policy and legal framework: relevance to Sector program ......................................................... 23 2.1.1 Social Policy and legal framework........................................................................................ 23 2.1.2 Environmental Policy and legal framework ......................................................................... 31 2.2Assessment of Institution and systems........................................................................................ 37 2.2.1 DoE ........................................................................................................................................... 37 2.2.1.1 Institutional structure, procedures, practices, and performance .................................... 37 2.2.1.2 Program Activities and associated Impacts ...................................................................... 46 2.2.1.3 Assessment Against Core Principles ................................................................................. 48 2.2.2 HPPTCL ................................................................................................................................. 53 2.2.2.1 Institutional structure, procedures, practices, and performance .................................... 53 2.2.2.2 Program Activities and associated Social Impacts ............................................................ 62 2.2.2.3 Assessment Against Core Principles ................................................................................. 64 HPPCL ............................................................................................................................................ 70 2.2.3.1 Institutional structure, procedures, practices, and performance .................................... 70 2.2.3.2 Program Activities and associated Social and Environment Impacts ............................... 83 2 2.2.3.3 Assessment Against Core Principles ................................................................................. 85 2.2.3 HPSEBL .......................................................................................................................... 93 2.2.4.1 Institutional structure, procedures, practices, and performance .................................... 93 2.2.4.2 Program Activities and associated Social & Environmental Impacts .............................. 102 2.3.4.3 Assessment Against Core Principles ............................................................................... 104 2.2.5 HIMURJA ............................................................................................................................ 110 2.2.5.1 Institutional structure, procedures, practices, and performance .................................. 112 2.2.5.2Program Activities and associated Social Impacts ........................................................... 118 2.2.5.3 Assessment Against Core Principles ............................................................................... 119 2.2.6 HPSLDC............................................................................................................................... 125 2.2.6.1 Institutional structure, procedures, practices, and performance .................................. 125 2.2.6.2 Program activities and associated social and environmental impacts ........................... 127 2.2.6.3 Assessment against core principles ................................................................................ 128 SECTION 3: ANNEXURES........................................................................... Error! Bookmark not defined. Annex 1: Stakeholder consultations ................................................ Error! Bookmark not defined. Annex 2: Project cycle and social safeguards followed by HPPTCL ............................................ 158 Annex 3: Project Screening Format for Land requirement (HPPTCL) ......................................... 162 Annex 4: Communication Plan for HPPCL ................................................................................... 164 Annex 5: Note on Labour Management (HPPCL) ........................................................................ 168 Annex 6: Checklists for Social Assessments ................................................................................ 170 Annex 7: Consolidated Summary of Assessment against Core principles .................................. 177 3 SECTION 1: EXECUTIVE SUMMARY 1.1 Context Himachal Pradesh (HP) has a geographical area of 55,673 sq. km. and constitutes nearly 11 percent of the total area of the Himalayas. Himachal Pradesh is an almost wholly mountainous state with nearly 30 percent of its geographical area permanently under snow, and more than 66 percent designated as forest. It has a total population of 68,64,602 (34,81,873 males and 33,82,729 females), with a population density of 123 as per 2011 Census which is 0.57 per cent of India's total population, recording a growth of 12.81 per cent. The Scheduled Caste population stands at 17,29,252 (25.19%) and the Scheduled Tribes population stands at 3,92,126 (5.71%). The World Bank’s engagement with Himachal is long and trusted. Over a seven-year period, the World Bank has helped Himachal Pradesh move forward on its green and inclusive development agenda with special focus on sustiable hydro development. Development of 1500 MW Nathpa Jhakri Hydro Project (2000) and 412 MW Rampur (2007) Hydro project were some of the long-standing hydro engagements of the Bank in the state. In 2009, the World Bank’s first Development Policy Loan (DPL) provided the state with $200 million in budgetary support to implement much-needed fiscal reforms. Hydropower is Himachal Pradesh’s largest source of revenue, and the state holds a quarter of India’s total potential. The adoption of environmentally and socially responsible hydropower policies helped the state develop its hydropower resources in a sustainable manner well into the future. The two DPLs that followed – for $ 100 million each, between 2011 and 2014 - helped the state promote environmentally and socially sustainable development in hydropower. To address environmental risks, the government has taken the first steps towards a comprehensive river basin management approach. In addition, recognizing the need for assuring environmental flows across the country, HP is the first state in India to have mandated environmental flows of a minimum of 15 percent (of the average lean flow) in all hydropower developments for eco-systems, and to provide for the riparian rights of downstream communities. HP has also brought in a river basin approach to the development and implementation of Integrated Basin-wide Catchment Area Treatment (CAT) Plans– deemed India’s best-practice for managing environmental impacts of multiple hydropower developments in the same landscape. India has set a Net Zero Emission Target to be achieved by 2070. In order to achieve this goal, renewable energy (RE) would play an extremely critical role. Within RE, the major focus is on solar and wind energy. However, these sources of energy are highly variable in nature as they are weather dependent. The challenge is compounded as RE sources cannot displace the baseload demand, which is currently catered largely through fossil-fuel based sources. Hence, to bridge the gap, the sector needs to balance different sources of energy. One such source is hydropower, which is concentrated only in a few states in India of which Himachal Pradesh is one. Power in HP is supplied through a network of transmission; sub-transmission and distribution lines laid in the state. Since its inception, Himachal Pradesh State Electricity Board Limited (HPSEBL) has made long strides in executing the targets entrusted to it. The state achieved 100 percent electrification in to all its census villages in 1988 and ensured 24 x 7 uninterrupted power supply and provides electricity at the lowest tariff in the country. Himachal has also achieved the unique distinction of 100% metering, billing, and collection. The state has the highest household/consumer coverage ratio in the country i.e., about 98% as per Rural Electrification Corporation’s (REC) survey and HPSEBL has been adjudged one of the best Boards in the country. 4 Himachal Pradesh aims to be India’s first ‘Green State’ by meeting 100 percent of its energy requirement through renewable and green energy by 2034. The state being hydro-rich, would like to keep pace with the changes and the challenges in the energy sector with an increase in the penetration of variable renewable energy (VRE) sources of generation as well as consumers turning into producers. Given this, HP is embarking on holistic power sector reforms across power generation, transmission, and distribution to provide clean, green and quality power to the end-consumers. 1.2 Program context: PDO, Program Description The Himachal Pradesh Renewable Power Sector Development Program is an umbrella program for development of energy sector of Himachal Pradesh. The proposed Program Development Objective (PDO) is to improve renewable energy integration in Himachal Pradesh. This HP Power Sector Reforms Project Program looks at an existing one of the hydropower projects and bundle its generation with other sources of RE that are variable to allow having a firm generation supply that can act as a baseload and displace fossil fuel-based generation. Once successful, it will be expected to have a lighthouse effect for other states as well as for the region. The Program is also supporting the state to diversify its RE resources as even hydropower has certain limitations, such as, its seasonal nature. For HP to meet its Green State agenda, non-hydro RE sources like solar also needs to be developed. As of now, the state has little over 50 MW of installed solar capacity compared to over 57GW of installed solar capacity across the country. While the state has a target of installing 2 GW of solar by 2030, it has not received any private sector participation till now. Thus, it is important to have comprehensive public sector installations in the initial period. Accordingly, the Program will support the state in the initial 10% of such installations to create confidence among private sector players. Furthermore, such solar capacity is also likely to enable replication of the Bundled RE Product with other hydropower. This would help HP to provide firmer power to its own consumers, essentially commercial and industrial, who are demanding firm green power supply. The Program also intends to push to have a single trading desk to allow the state to comprehensively plan its demand-supply matching in a cost effective manner. The PDO is for improving RE integration in the state but integration of RE goes beyond generation. It is essential to cover robust and resilient transmission systems as well as smart and interactive grid to allow serving the masses efficiently. This is even more important as consumers are turning producers by way of decentralized solar rooftop and Electric Vehicles (EVs). Hence, the Program has identified certain critical segments where such systems are a bottleneck and to stregthen them to allow adequaetly serving those consumers with an increasing amount of green electricity. The scope of the program has several focus areas, including improved integration of RE sources in the state and national grid through better utilization of its current generation base (primarily, hydropower) through bundling various RE resources (solar, wind, biomass, etc.). In addition, the Program will support the development of a state-of-the-art transmission and distribution network along with integration in its load dispatch operation system, thus making surplus power generation in HP available for trading. Institutional strengthening is an additional important pillar of this engagement. The Bank’s Program rests on the state government’s own program and contributes directly to the objectives set forth under the state’s 2021 energy policy. To achieve this, the Program rests on the three pillars described below. 1. Pillar 1: Promoting optimal deployment and utilization of the power sector resources 5 1.1 Improved integration of RE through better utilization of flexibility of hydropower and attracting new investments in the RE sector. The Program will support valuation of the hydropower projects beyond just the energy served, focusing on their bundling with other RE technologies, having as a result improved trading opportunities for the state, enhanced value of hydropower, and increased share of VRE. Specifically, an existing hydropower project with no Power Purchase Agreement (PPA) (100 MW Sainj Hydro Project in Beas Basin) is taken as a candidate to run a business case on how it can support the non-hydro RE integration, while providing firmer power supply that is clean and green to its off-takers, therewith contributing towards the net zero emissions trajectory of these off-takers. The state further aims to establish at least 150 MW of solar projects across the various land banks available throughout HP and supporting the state in exploring the pathways for adoption of green hydrogen in HP. 1.2 Promoting Integrated Resource Planning (IRP) for demand response management. With 100 percent of electrification almost achieved, HP’s rate of addition of new consumers has fallen below 1 percent and load growth is happening mainly by consumption growth. Consequently, the peak demand is growing, with the load factor decreasing since 2014. Any additional internal load growth is going to be driven by industrialization and improved quality of life, calling for demand side management and deployment of storage options. The immediate Program focus will be on development of the framework for IRP, followed by piloting the demand response management system which is SLDC’s mandate on Automated Demand Management System (ADMS), a requirement as per the clause 5.4.2.d of the Indian Electricity Grid Code (IEGC). The demand response systems which will contribute towards the objective of ADMS which allows restriction to the drawl of the state within the net drawl schedule during contingencies or threat to system security. 1.3 Setting up an independent single trading desk. Since multiple state institutions are involved in trade of power, a combined sale of electricity would contribute to increased efficiency of power trading operations in HP by establishing of an independent trading desk with specialized personnel will be undertaken as part of the Program. 2. Pillar 2: Promoting Resource Efficient Investments 2.1 Strengthened transmission systems. HPPTCL intends to augment and strengthen the Extra High Voltage (EHV)transmission systems which will result in increased integration of RE plants within the state, better evacuation of RE-based energy to the northern grid, and improved reliability of power supply to the state’s consumers especially commercial and industrial. 2.2 Strengthened distribution network. HPSEBL will strengthen/augment the distribution network along with SCADA and communications (optical fiber cables) systems in the selected thirteen towns (Baddi, Bilaspur, Hamirpur, Kullu, Mandi, Manali, Nahan, Nalagarh, Paonta Sahib, Parwanoo, Solan, Sundernagar and Una). This shall allow the state distribution company to reduce outages due to faulty distribution transformers during faults in these 13 towns. 2.3 Supporting optimal scheduling and dispatch of electricity. Upgrading and replacement of the SCADA for HPSLDC, allowing the state system operator to improve its grid operations functions in line with the targets set forth by the National Power System Operator (Power System Operations Corporation Limited [POSOCO]) for seamless grid operations across the different geographies within the country. This activity will also look at integrating the various elements, such as all new upcoming 66 kilo-volts (kV) and above substations with HPSEBL, mini/micro hydropower projects for monitoring at HPSLDC, etc. 6 3. Pillar: Strengthening institutional capacities of the various state power sector utilities/agencies 3.1 This is an overarching pillar to strengthen the institutions by improving E&S outcomes. It rests on the gap analysis and will work through the Program to bridge the gaps as part of the implementation. E&S aspects are an integral pillar of the whole Program and aims to make HP’s Power sector growth holistic, inclusive and sustainable. 3.2 Since various power sector utilities and agencies will play an important role in delivering the Program, their capacity building and institutional strengthening is of the utmost importance in this engagement. The activities will include identification and addressing key policy gaps and procedures; strengthening monitoring evidence-based reporting of E&S risk management; setting up E&S cells in each IAs with adequate resources as part fo capacity building program. These activities will allow all power entities in HP to integrate monitoring of key Program E&S activities through a dashboard with DoE. Further, training and re-skilling on technical and soft skills will be undertaken after completing a training need analysis, keep pace with various evolving technologies. This is applicable to DoE as well as to all the entities. 1.3 Key Institutions The following would be the implementing agencies for the project: Institution Function Directorate of Energy (DoE) Develop policy framework and directions for hydro power and facilitate programs for efficient use and Nodal agency for the program maximise the revenue Himachal Pradesh Power Corporation Plan, promote and organize the development of Limited (HPPCL) various aspects of hydroelectric power. Himachal Pradesh Power Transmission State level transmission utility Corporation Limited (HPPTCL) Himachal Pradesh State Electricity State level board for supply of electricity Board Limited (HPSEBL) HIMURJA State nodal agency for promoting and supporting renewable energy projects and products Himachal Pradesh State Load Dispatch Apex body for operation of the power system in a State Centre (HPSLDC) and monitor grid operation 1.4 ESSA: Objectives, Scope, Bank requirements Management of environmental and social effects in a PforR (Program for Results) operation requires specific actions during preparation and implementation. The core principles1 and key planning 1 Under Program-for-Results Financing, ESSA covers Program System Consistency with Core Principle of OP 9.00 which include #1 - E&S management systems are designed to (a) promote E&S sustainability in the Program design; (b) avoid, 7 elements incorporated into the policy are necessary to achieve outcomes consistent with PforR objectives. These principles and elements are intended to guide the assessment of existing borrower’s Program as well as the Institutional capacity to plan and implement effective measures for environmental and social risk management. The PforR financial instrument does not support programs or activities that could cause significant harm to the environment, or which would have significant adverse social consequences. Whether for existing or new programs, the Environment and Social Systems Assessment (ESSA) focuses both on institutional, organizational, and procedural considerations that are relevant to environmental and social risk management. 1.5 ESSA Methodology and Consultations The ESSA was prepared during the Covid-19 pandemic. Therefore, the ESSA draws upon ongoing assessments, secondary literature, and virtual meetings. Most interventions are focused on policy and system strengthening. Hence, the ESSA largely focused on social and environmental systems and institutional capacity to manage the identified risks and provides recommendations for strengthening these systems and capacities. This program is unique because it is spread across six institutions with a diverse nature of activities that covers policy, reforms, and infrastructure development. a. Desk review: The methodology included a thorough desk review. The agency/utility wise checklists were prepared which were used for gathering information through existing reports provided by the agencies, virtual meetings. Desk review covered analysis of existing policy, operational procedures, institutional capacity, and implementation effectiveness relevant to the activities under the Program. Range of environmental and social issues like environmental conservation, pollution control, occupational health and public safety, labour welfare, social inclusion, gender, and citizen engagement were examined. Existing documents, assessments conducted by technical agencies, documents and reports received from government counterparts, data, websites and other reports by other agencies were reviewed. b. Consultations for Preparation: Towards the latter part of the assessment (March 2022), brief missions were organised for face-to-face interaction with the client and utilities to seek more information, vet the assessment and seek more clarifications. c. Consultations for finalising the report and recommendations: A final draft of ESSA report was discussed in May 2022 at a consultation workshop in Dharamsala, which was attended by representatives of all utilities to obtain comments and suggestions and finalize the report. d. Disclosure: The final draft ESSA was disclosed online at the Directorate of Energy (DoE) web site ( https://doehimachal.nic.in/) on 26th July, 2022. Other participating utilities have agreed to disclose ESSA before appriasil on their respective websites. Two stakeholder consultations in hybrid mode were also held on 20th May, 2022 and 5th July, 2022. ESSA was then updated to include consolidated feedback received via different sources and this draft will be re- disclosed online on respective implementing agency websites and World Bank external website. minimize, or mitigate adverse impacts; and (c) promote informed decision-making relating to a Program’s E&S effects; # 3- E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program; # 4 - E&S systems manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards; and # 5 E&S systems give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of Tribals, Tribal Groups or Tribal Populations, and to the needs or concerns of vulnerable groups 8 1.6 Report Structure The report comprises of three sections. The first section is the Executive Summary, the assessments for each of the implementing agencies is in section two. The third section comprises the annexures. 1.7 Summary of the Findings 1.7.1 Legal and Policy Assessment Environment • ESSA found that the Implementing Agencies (HPPCL. HPSEBL, HPPTCL) follow the regulatory framework of obtaining mandatory clearances of their projects/ activities, wherever required, under EP Act, 1986, the Indian Forest Act, 1927; the Forest (Conservation) Act, 1980; the Wildlife (Protection) Act, 1972; and the Biodiversity Act, 2002. • Subsequently, it goes under the second level of procedure, where it seeks ‘Consent to Establish’ and ‘Consent to Operate’ from State Pollution Control Board, under Air and Water Acts. This straight-jacket approach supports environmental risk and impact identification and mitigation for major projects (above 5 MW Renewable projects) or multi-lateral funded projects in the areas of transmission, distribution, or renewable generation. • Based on gap analysis of existing Cumulative Environment Impact analysis (CEIA) of Beas Basin ( https://moef.gov.in/wp-content/uploads/2019/06/Report-CIAampCCS-of-Beas-sub-basin- in-HP_compressed.pdf), ESSA also brings in need of undertaking comprehensive cumulative impact assessment in view of change in operating procedures due to bundling pilot as per international best practices. Further also explore possibility to benchmark basin wide renewable projects for evidence-based monitoring of all projects from environmental and social prespective in Beas Basin and gradually widely within state. Social • In cases of land acquisition, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR) and Himachal Pradesh Rules, 2015 are applicable. • In addition, sectoral policies like HPPCL’s Resettlement and Rehabilitation Plan2, 2009 and HPPTCL’s Resettlement, Relief, Rehabilitation and Compensation Policy, 2011 (RRRCP) have also been framed to safeguard the interests of the project affected persons through the project cycle for the investments for infrastructure development. • The Tariff Policy, 2006 and Himachal Pradesh Land Area Development Fund (LADF) provides for benefit sharing mechanisms for people adversely affected by hydropower projects. This intends to provide a regular stream of revenue for income generation on a sustained and continuous basis. • The four Labour Codes on wages, industrial relations, social security, and safety and working conditions are also applicable and are supported by Himachal Pradesh State Rules3. • The state has also aligned all service rules with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. 1.7.2 Program Benefits 2Approved by the Government of Himachal Pradesh which is yet to be aligned with the RFCTLARR Act, 2013 3 Himachal Pradesh is one of the first few states to have framed the State Rules for all four codes: Code on Wages (Himachal Pradesh) Rules, 2021, Industrial Relations (Himachal Pradesh) Rules, 2021, Social Security (Himachal Pradesh) Rules, 2021 and Occupational Safety, Health and Working Conditions (Himachal Pradesh) Rules, 2021. 9 It is envisaged that the program will bring in following benefits: Environmental • Promote adoption of uniform environmental management system across all planned activities. Align the utility level environmental policies with the requirements of global best industry practices. • Support further reduction in carbon footprint in energy sector with resource efficiency across power generation, transmission, and distribution system • Strengthen institutional capacities with requisite skills for effective management on environment, health and safety. • Enhance existing environmental Monitoring and Evaluation (M&E) systems to monitor environmental Management System which will include environmental flow, muck & debris management, forest catchments, biodiversity and climate risk concerns in a web-based Management Information System (MIS) tool or application. • Enhancing environmental Management and mainstreaming environmental and social sustainability frameworks for existing, ongoing and pipeline projects in State’s Energy Sector. Evidence-based monitoring by way of benchmarking basin wide projects will be introduced and shall be completed for adoption through out the state during the course of the project. This is based on recommendations of comprehensive basin wide strategic cumulative impact analysis to be undertaken during the course of the project focussing on basin where bundling pilot will be initiated. In this process the cumulative impact assessment already completed has been analysed for gap analysis and Terms of Refence has been developed to undertake comprehensive analysis. Social • Improved management of social impacts and risks by incorporating its management into the overall policy and vision of the sector and capacity building. • Modernization and automation of distribution networks through Smart Meters and Consumer Indexing • Improved transparency and accountability of agencies through responsive and effective complaint redressal mechanism integrated across all agencies • Improved citizen interface and stakeholder engagement for better social risk management • Enhancement of benefit sharing mechanisms through improvements in institutional mechanism for disbursements of LADF and effective tracking • Adoption of gender inclusive and equitable workplaces. 10 1.7.3 DLI wise Risk Assessment DLI Head Social Implications Environmental Implications Agency RA 1: Developing a Increase in societal benefits Possibility of downstream DoE + low carbon power and upstream HPSEBL + all sector in HP by Temporary construction environmental impacts utilities enhancing flexibility induced impacts on land and along with related and diversification of assets in neighbouring construction impacts during RE Sources settlements. construction period. Operation specific release of (a) Promotion of Influx of labour may water form dam Integrated compromise safety of women downstream will change Resource Plan and children and increase existing flow regime which (IRP) for demand pressure on resources. may impact aquatic and bio- response diversity. management – Government Land will be DLI 1 transferred for installation of There could also be impacts solar generating units from siting of planned solar (b) Enhanced project, including generation utilization of Potential force labor supply of debris due site clearance, existing chain issue in Solar Power movement of vehicles, hydropower sediment flow and muck project(s) to disposal, oil spills, and promote localized air (mainly SOx, renewable NOx and CO2) and noise energy– DLI 2 pollution. (c) Single Trading Desk functional – DLI 3 (d) Increase of New Solar Generation (MW) – DLI 4 RA 2: Strengthening of The environmental the state grid to ensure implications in laying of its reliability, resilience The interventions related to transmission lines include a) and sustainability the transmission lines specific Diversion of forest land for HPPTCL to Right of Way, may have non-forest use, b) Potential (a) Increase in Transformation adverse impact on community changes in land-use (e.g. Capacity (MVA) s– with temporary loss of assets fruit trees willneed to be DLI 5 (crops, trees etc.); for substituted by annual crops substations, government land or pastures under the (b) Improvements in would be used. However, in RoW),c) Clearing of ground availability of some cases, small amount of vegetation for movement of reliable power private land may be required machinery, d) Soil erosion supply – DLI 6 depending on technical and due to digging for tower financial feasibility. foundation. There would be potential for The environmental increase in gender-based implications related to 11 DLI Head Social Implications Environmental Implications Agency violence during the setting up of sub-stations construction phase with influx include: a) clearing of of labour; increase demand ground vegetation, b) used on local resources (water, fuel transformer oil, c) geological wood, etc) that may lead to safety, soil erosion and conflicts with host population. landslides, d) leakage during storage and erection of Increase in employment switchgear, e) noise and opportunities of semi-skilled vibration. and unorganized workforce. Implications would be on construction and electrical safety, transformer oil spillage; Effects on water bodies, environmental sensitive locations due to HPSEBL and siting of sub-stations; HPSLDC impacts on existing drainage pattern and land use; tree felling and location of sensitive sites (physical, cultural and religious sites of importance) could be a possibility; Debris disposal and solid waste disposal during construction phase; E-waste RA 3: Strengthening No adverse social implication Strengthening of evidence DoE and All the institutional based IT enabled Implementing capacity and Positive social implication dashboard for an integrated Agencies governance of state with adoption of a uniform state level reporting and power utilities to policy and procedures on monitoring system at DOE achieve improvements in environmental, social risk management to bring integration of financial and aligned with national environmental management operational regulations and international milestones. This system will performance standards; Development of integrate all utilities under utility specific guidelines for one platform that will (a) Strengthening screening and scoping of further strenthen addressal Fiduciary Systems social risks will help in systems of environmental of the power improved planning, risks, management and sector utilities in implementation and mitigation actions HP – DLI7. monitoring at sub-project uniformly. This will also (b) Strengthening level; Strengthening the integrate web linked systems for Instituional systems to integration on related monitoring & improve benefits sharing environment and social evaluation (M&E) mechanism for utilisation of activities of e-flow, muck of environmental the Land Area Development management and CAT Plan and social policies Fund with affected people with HPPCB, HP Forests. across the power and local government; establishing clear procedures 12 DLI Head Social Implications Environmental Implications Agency sector of the state to engage with communities, Hiring and recruiting – DLI 8 assess and mitigate social dedicated subject matter risks, and provide specialists/Environmental opportunities to local to Engineers & well-defined access benefits. work guidelines supported with consultants (in the Deployment of staff and areas of bio-diversity, consultants and systems fisheries, dam safety etc.) to development for efficient strengthen the Environment design, implementation and Management Capacity of monitoring to avoid, minimise DoE and similar skills in all and mitigate social risks. With utilities (except HPPCL) special focus on women, they will be able to access opportunities for technical Capacity enhancement of career growth. existing staff with specific trainings and skill Preparing a comprehensive improvements focused on Capacity building Plan with incorporating environmental focus on specific social screening, impacts and development themes and mitigation measures which topics, processes and will also include procedures for environmental audits and operationalization of sustainability protocols to assessing, designing and benchmark projects from implementation of social risks environmental, safety and and monitoring. climate aspects. Strengthen the MIS system for an integrated state level reporting system by all utilities on social risk management and mitigation for evidence-based monitoring and reporting. Further detailed E&S assessment based on the gaps analysis DoE + HPPCL of existing Cumulative Environmental Impact Assessment (CEIA) study of Beas basin for comprehensive Strategic environmental and social analysis to recommend environmental, social and climate change-based sustainability benchmarking protocols for existing, pipeline and new projects is planned under this. A roadmap to be develop for a comprehensive strategic policy document for basin wide environmental and social sustainability protocols in the Power Sector. Capacity strengthening to train staff on benchmarking protocols and regular sustainability monitoring and reporting. 13 1.7.3 Institutional and systems Assessment All implementation agencies have some mechanism for management of Environmental and Social issues. However, there is a gap in overall capacity for managing the risks in totality. The assessment by agency is summarized below: a. DoE • The Directorate of Energy is responsible for framing policy and Procedures for bidding and allotment of Hydro Electric Projects above 5MW. The Directorate is headed by the Director (Energy) and looks after the Allotment, Monitoring, Grant of Techno Economic Clearance (TEC), these projects. Additionally, issues related to safety, environmental, social and their compliance, monitoring and management are looked after by this organization. • DoE also has the mandate for implementation through Electricity Act; Energy Conservation Activities; Clean Development Mechanism; Hydro Power Policy; Local Area Development Fund Policy; R & R Plans; and HP Energy Conservation Building Code & Rules. Officers at level of Superintending Engineer and Executive Engineer have been co-designated to monitor and track any dam safety and other non-compliances on environmental conditions as per approved as per environmental management plans of the projects during implementation of the hydro power projects. However, DOE lacks requisite specialist skills on environmental management, biodiversity, occupational health & safety and fisheries which are needed to monitor and advise government. The integrated monitoring system of environmental and social aspects of all utilities as per their project milestones is also required at DoE level. • Since DoE acts on behalf of Government of HP, DoE needs to act as nodal department on environmental and social policy procedures, guidelines, scoping and monitoring. • DoE has a comprehensive communication, stakeholder mapping, and engagement strategy, and a GRM. • DoE also tracks provisions in the project design and cost including a special provision of Local Area Development Fund (LADF) for the benefit of the local communities in the project area concurrent to project implementation. b. HPPTCL • There is an Environment and Social Cell (ESC) at the Corporate Level comprising 5 members to manage safeguard compliance. The General Manager (Projects) is the Head of ESC. In addition to that a Sr. Manager (co-designated for Environment & Social Safeguards), Dy. Manager (co-designated for Environment & Social Safeguards) and hired consultants (Environment and Social Safeguard) are the members of the ESC. ESC is supported by Senior Managers at field level in PIU. • HPPTCL has hired Environment Consultant responsible to support Environmental Safeguard measures for the projects. At present environmental skills needed in the organization is on contract and need basis and there is gap at sites. • Under its Environment and Social Safeguards Policy (ESSP), 2011, HPPTCL adopts a proactive route alignment approach, screens projects for social risks, carries out census and socio- economic surveys, consultations and prepares and implements RAPs. HPPTCL also has a GRM. c. HPPCL • HPPCL has a designated ESMU (Environmental and Social Management Unit), which undertakes scoping, and screening. HPPCL has a full-fledged E&S Cell at their corporate office and E&S staff members at the field offices. The cell scrutinizes all documents and ensures timely clearance and compliance from concerned authority. The ESMU look at 14 implementation of EMP. It also prepared R&R Plans for projects and supports their implementation. d. HPSEBL • HPSEBL has no special designated officer responsible to support Environmental Safeguard measures for the projects. The Chief Engineer at their head quarter level is responsible for the implementation of Environmental Management Plan for all the works under its jurisdiction. Though the PIU is responsible for the E&S functions, there is no designated Chief Safety Officer. As of now, it is the Executing Officers in the 232 sub-divisions are responsible for addressing environmental and safety concerns within their jurisdiction. • HPSEBL has a Public Relation Unit for publicity and coverage of various activities of the HPSEBL in Press. • HPSEBL has also developed a consumer satisfaction index for assessment. e. HIMURJA • HIMURJA does not take up either technical or environmental or social assessments for any projects. It does not have Social or Environmental Specialists as staff or consultants, does not have its own E&S framework, policies or reporting mechanisms. The projects under HIMURJA are categorized as “white” projects4 which means minimal E&S negative impacts and high E&S benefits. Thus, it has poor capacity to address environmental and social issues and their monitoring especially on commissioned small hydro projects. 1.7.4 Gaps in Institutional Performance The assessment of the institutional setup and systems of all utilities has been done against each of the core principes. The analysis for each utility is detailed in the respective chapters and a consolidated summary is contained in Annexure 6. Based on this assessment, the following critical gaps in the performance of the institutions and its systems have been identified: • Gap 1: Environmental and Social Policy Procedures (ESPP)ESSP in all utilities is not comprehensive. Currently the management of environmental and social risks is fragmented and inconsistent. Updated and strengthened ESPP is recommended to integrate all- encompassing uniform system on screening, managing and monitoring for an effortless execution of projects. • Gap 2: DoE does not have any systems to monitor if E&S screening and scoping are done by Power Utilities/Departments at project levels. Similarly, information on the implementation on of Local area Development fund (LADF) is not available at the state level. The officials have additional charge of social management across all utilities, and the capacity development portfolio is not systematized for developing adequate skills in performing the responsibilities. There is a requirement to strengthen institutional capacity and response system in the utilities by hiring environmental and social specialists to guide environmental and social screening, implement measures for avoiding any negative impact, health and safety management and mitigation plans and the LADF. Strengthening capacity in key areas like biodiversity, aquatic and dam safety is essential at the HPPCL. • Gap 3: The exiting cumulative impact analysis (CIA) and individual EIAs based environmental management plans of various interventions in the sector although addressing almost all parameters, need further strengthening on the issues related to changes in hydrological regime, downstream flows, territorial and aquatic biodiversity, etc. due to change of operational characteristics of bundled hydro pilot (e.g. potential hydropower peaking generation). 4PCB categorizes projects in four categories – red, orange, green and white 15 • Gap 4: Acoross all utilities issues of temporary adverse impacts, more specifically construction induced impacts and mitigation measures remains ad-hoc. • Gap 5: Information on implementation of targeted schemes for Scheduled Tribes on any of the utility’s projects is not available • Gap 6: While all utilities have a functional GRM, documentation available on the same is scant. Whatever documentation is available is not sufficient to assess accessibility, responsive, trackability, efficiency and effectiveness of the GRM. • Gap 7: Across all utilities, systems for tracking and reporting on sites incidents, labour conditions, compliance of labour laws, gender-based violence is lacking. There is also an absence of systems for risk assessment of labour influx and impact on host communitiesand and ensuring that forced labour is not used in manufacturing of solar panels. • Gap 8: There is a requirement to streamline and integrate reporting practices that will guide operational practices and report (a) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials used; (b) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards incorporating recommendations from District Disaster management Plans and other safety issues to mainstream climate resilience in project planning and operation; (c) emergency response systems and accident and incident reporting. • Gap 9: Reporting and documentation on performance of utilities against key environment social indicators and outcomes is lacking. While many major environmental and social risks are being addressed by the utilities on their projects, there is a significant gap in documenting and reporting of their management. DoE lacks an all-inclusive environmental and social monitoring and management system, olong the lines of good international industry practices (GIIP). There is a need for strengthening of evidence-based IT enabled dashboard for an integrated state level reporting and monitoring system at DOE that will integrate environmental and social management milestones of the projects/ activities implemented by all utilities including natural habitats and physical cultural resources data of the program and compliance to workers and public health & safety issues. 1.7.5 GENDER ANALYSIS A study was also commissioned by the World Bank on ‘Barriers and Opportunities for Women’s Employment and Workforce Participation in Himachal Pradesh Power Sector’ in 2022. The study was designed such that its key learnings would feed into this project. The objectives of the study were to analyse barriers and opportunities for women and recommend ways in which their employment, skillsets and workforce participation can be enhanced within the Himachal Pradesh Power Sector. The study findings show that women represent only 38.5% of the total employees in HP power utilities, including both permanent and outsourced staff. Of the total women employees in all agencies, approximately 65% represent non-technical staff, like human resources, finance and accounting, computer and data entry operators, customer relations and sales. The HP power sector follows the state government’s policy on recruitment which is merit-based and is thus applicable to both men and women aspirants, with no specific reservations or quotas for women. Further, although job postings are gender neutral and application fee is waived for female applicants, male centric terminologies in job descriptions can deter women from applying. Women are also poorly represented in decision-making positions in executive, senior and mid-level grades5. In the last 5 years only 7 women employees have been promoted across all agencies. The 5 Women employees at HIMURJA comprise of only 5% of the total executive and senior level positions, 12% of the total staff at mid-level positions and 19% of total junior and entry level positions in comparison to male counterparts at each level of 16 representation of women as leaders in the utilities is also lower than their male counterparts.6 Further, women staff are particularly hampered by the lack of leadership and soft skills training as a standard progression norm. The study found that there are many gaps in developing a work environment with women and family friendly provisions in the utilities. For instance, none of the entities have a formal policy for flexible working hours or child and day-care facilities. Apart from HPSEBL, none of the organizations provide office vehicles to work. None of the entities have resting rooms for women other than HPSLDC. While all the surveyed establishments have an Internal Complaints Committee established as per the The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, awareness of what constitutes sexual harassment is low and other provisions that support the effective functioning of ICCs like complaint box, regular staff surveys and monitoring, helpline numbers etc are not operational in agencies. Discussions also revealed that committee members are not meeting regularly, nor do they record any proceedings of meetings undertaken. Knowledge on ICC and its guidelines were better understood in utilities like HPPCL and HPPTCL where the staff is exposed to the workings of externally funded projects by agencies like the ADB, AIIB and AfD etc. The study also identified a number of supply-side challenges which limit women’s enrolment in power and RE related STEM fields and engagement in power sector jobs. The barriers are mostly physical (location, flexible working hours), familial (mobility restrictions, awareness and knowledge), socio- cultural (cultural acceptability, requirements of on-site work, evening and night shifts, remote locations, male-dominated fields), financial and academic (low awareness, few colleges offering specialised RE programs). The study also found that apart from DoE all utilities are running their apprenticeship programs under the provision of National Apprentice Promotion Scheme of the Ministry of Skill Development and Entrepreneurship, which are giving first hand exposure to aspiring youth. However, data, and in particular gender-disaggregated data on the implementation of such programs is not available for most utilities. seniority. For HPPCL these numbers are slightly better with 13% women serving at the executive and senior level positions, 19% women at mid level and 10% in junior and entry level positions. 6 HPSEBL has women employees representing leadership positions. It has appointed 2 women leaders as board of directors, of which one is an independent woman director and another one is the director (civil-projects). While for utilities like HPSLDC, HPPTCL and HPPCL women in leadership and decision making positions as a percentage representation to total staff is in the range of 4-7%. 17 1.8 Recommendations 1.8.1 Program Exclusions Under the Policy, activities that are judged to be likely to have significant adverse impacts that are sensitive, diverse, or unprecedented on the environment and/or affected people are not eligible for financing and are excluded from the Program. These activities are mentioned below: • Activities which will bring or will be taken up in significant conversion or degradation of critical natural habitats i.e. ecologically sensitive areas, eco-sensitive zones, protected forests, reserved forests, Wildlife Sanctuaries and National Parks or critical cultural heritage sites like monuments, areas of religious importance, sacred grooves, etc; • Any activity bringing significant land use conversion, air and water quality in the down stream, reduction or major daily fluctuation in downstream flow, sediment intrusions or erosion or soil contamination leading to significant adverse impacts on the health or safety of individuals, communities, or ecosystems; • Land acquisition and/or resettlement of a scale or nature that will have significant adverse impacts on affected people, or the use of forced evictions; • Large-scale changes in land use of prime agricultural land, grazing land, community forest land or access to land and/or natural resources; • Any activity of hydro power project construction which will have adverse environmental impact implication or impacts covering large geographical areas, including trans boundary impacts, or global impacts such as greenhouse gas (GHG) emissions due to project-specific activities; • Activities that are not consistent with the Legal/ Regulatory Framework of the country • Activities which put permanent restrictions on access/ usage of resources • Any activity that involves child labour (persons under 14 years of age in any activity and persons above 14 years and under 18 years of age in hazardous activities) • Activities that would adversely affect places of cultural significance and protected historical/archaeological assets (both natural and human-made) • Any activity that is not consistent with the project description at time of project negotiations, unless subsequently agreed to with the WB along with the appropriate level of social safeguards management 1.8.2 Program Action Plan Environmental and Social Action Description Gaps Identified Mitigation Measures / Proposed Responsibility Timelines Adopt entity wise The policies vary ESPP is recommended to Integrate all- DoE uniform E&S policies across utilities that encompassing uniform system on HPPCL, and procedures that are not consistent screening, managing and monitoring for HPTCL, align with National and with the subsequent an effortless planning and execution of HPSEBL, state laws and amendments. projects. HIMURJA and sustainable Present system lacks 1. DoE to develop a ToR and mobilize HPSLDC development goals to uniform the agency to review and update manage social and environmental and the policy and develop a uniform environment risks social management 18 Environmental and Social Action Description Gaps Identified Mitigation Measures / Proposed Responsibility Timelines procedures and policy that addresses the specific varies among utilities variations of each utility– Year 0 and activities and 2. Action Plan developed to update largely dependent on ESPP – Year 2 regulatory or funding 3. Updated and uniform ESPP requirements. adopted by all Implementing Also, the current risk agencies – Year 4 management 4. Scope of work for further detailed mechanism is activity E&S assessment based on the gaps and utility specific analysis of CEIA study of Beas basin and not adopted as approved by (HPPCL) – Year 1 sytem uniformly 5. E&S baseline assessment of Beas basin with recommendation and protocols completed (HPPCL) 6. Government Order issued for adoption of basin wide E&S Protocols and benchmarking of The LADF funds are projects implemented by HPPCL. Review of the underutilized due to Institutional lack of systems to 7. Prepare ToR and mobilise the mechanism on identify eligible agency (year 1) for review and utilization of LADF, people, area and analyse the LADF policy and identify gaps and gaps in institutional Institutional mechanism to identify recommend reforms to mechanism, rules on bottlenecks in achieving the unlock the funds and responsibilities and objective of the LADF and develop monitor its utilization monitoring on appropriate action plan to implemented from Year 3 onwards - DoE. Capacity Development HPPTCL and HPSEBL 1. Mobilize dedicated environment DoE for E&S risk have ad-hoc specialist, social development HPPCL management: arrangement to meet specialist and gender specialist– HPPTCL 1. Hiring of the requirements of Year 1 HPSEBL environmental and funding agencies. HIMURJA social experts in HPPTCL, HIMURJA 2. Prepare ToR and mobilize agency HPSEBL, HPPTCL, and DOE have no E&S (year 1) for capacity needs DoE, HPPCL and staff. assessment and develop HR policy Himurja as staff Need for an IT and comprehensive training plan 2. Training need enabled dashboard for three years for implementation. assessment, for an integrated prepare training state level evidence 3. HPSEBL , HPTCL and DOE will hire / calendar including based E&S recruit Environmental Specialist on target group, and monitoring and regular rolls (Year-1). its implementation reporting at DOE . and develop the 4. DOE/ HPPCL to hire need based ICT tool for subject matter specialists in the monitoring and areas of biodiversity, fisheries, dam creating the data safety etc. to strengthen the 19 Environmental and Social Action Description Gaps Identified Mitigation Measures / Proposed Responsibility Timelines base of trained Environment Management Capacity personnel. of DoE and HPPCL. 3. Integrated 5. DOE to develop web-based Environmental and dashboard system for integrated social Monitoring monitoring of environmental and system social risk management by all utilities and tracking E&S performance (Year 2). 1.8.3 Implementation Support Plan Responsib Activities Timeframe le Agency DOE, Award the contract including the Terms of Refenrce to HPPCL, Within 12 months from project address the gaps for development of a uniform HPPTCL, effectiveness Environment and Social and Policies and Procedures and HPSEBL for utilization of LADF (ESPP) HIMURJA Award the contract including the Terms of Reference for Comprehensive Cumulative environmental and social DoE, Within 12 months of project comprehensive study as per the gap analysis completed HPPCL effectiveness for Beas Basin in agreement with the World Bank. DOE, HPSEBL, Hiring of at least one environmental and one social staff Prior to project effectiveness HPSLDC, HPPTCL, HIMURJA Enhance integrated Basin wide Catchment area and Utility-wise MIS protocols DOE, environmental flow for MIS development with Web developed, and pilot tested within 2 HPPCL, based M&E System years from project effectiveness Hire specialized skills on biodiversity, occupational health DOE and Within 12 months of the project and safety and fisheries HPPCL effectiveness Adopt the recommendations of the Comprehensive Cumulative Environmental and Social for basin wide E&S DOE/ Within 4 years of project protocols and benchmarking projects from HPPCL effectiveness environmental, social, and technical sustainable parameters 1.8.4 Opportunities for improving Environmental and Social System during the project Recommendations Responsible Agency Adopt uniform E&S policies and procedures that aligns with National All agencies by and state laws and International standards to manage environment and social risks and across entities to design, implement and monitor avoidance, minimization, and mitigation of adverse impacts. 20 Recommendations Responsible Agency A comprehensive gap analysis of existing cumulative environmental and DoE, HPPCL social assessments is required to develop a road map for comprehensive strategic document for basin wide environmental and social sustainability in future including reformist actions on policies and institutions, if needed. Adopt recommendations of the Comprehensive Cumulative Environmental and Social Study for benchmarking basin wide E&S protocols and benchmarking projects from environmental, social and technical sustainable parameters Elements of Environmental impacts envisaged by way of climate All agencies change, safety and disaster management needs to be included in the protocols of all energy utilities and to be monitored and tracked. For Capacity Development of E&S risk management following actions DoE, HPPTCL, HPSEBL will be taken up as part of the program (a) Hiring of key Environmental and Social expert with independent charge as staff, including need based hiring of contractual specialized skills on bio-diversity, aquatic ecology and dam safety (b) training need assessment, prepare training calendar including target group and its implementation. Adopt web-based Monitoring and Evaluation (M&E) systems to monitor All agencies E&S risk management for evidence-based reporting as per their respective project activities, including basin wide CAT Plan management systems and downstream flows. Safety officers/ personnel responsible for implementation of mitigation All agencies measures on handling, storage, and disposal of solid/hazardous wastes, disaster mitigation & emergency response and contingency should be separately engaged and trained demystifying risks in case systematic approach is not adopted. Existing Institutional support needs to be augmented with resources for All agencies personnel, funds, expertise, and overall support to manage E&S impacts and risks and enhance opportunities to achieve E&S outcomes Develop guidelines, procedures, and indicators to track performance on All agencies overall social risk management, land management, benefit sharing, stakeholder engagement, labour law compliance, social inclusion, gender mainstreaming and capacity development An integrated GRM which uses multiple mediums (phone, postal, email, All agencies mobile app, face to face) to launch complaints, track them, have a responsibility matrix, escalation mechanism, redressal timelines and closure protocols. Streamline Labour Management Procedures, Labour Management All agencies Plans and Labour Influx Management to ensure safety of individual, direct, indirect (via supply chain as possible), contracted, sub- contracted and community labour as well as management of risks in case of labour influx and impact on host communities. Integrated reporting systems against clear indicators to be developed All agencies for the power sector so the performance on land management and benefit sharing can be tracked across utilities Track implementation of schemes related to Scheduled Tribes on the All agencies utility’s projects Streamline and integrate reporting practices that will guide operational All agencies practices and report (a) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials used; and (b) reconstruction or 21 Recommendations Responsible Agency rehabilitation of infrastructure located in areas prone to natural hazards incorporating recommendations from District Disaster management Plans and other safety issues to mainstream climate resilience in project planning and operation (c) emergency response systems and accident and incident reporting Reintroduce apprenticeship programme and commit to a minimum % All agencies of women interns; Frame advertisements with a gender responsive content and appeal- provide information on available safety security and family friendly provisions; Consider a sector/state policy on minimum % quota for women applicants in recruitment and selection, without compromising on quality of candidate. These can be tracked through % of women apprentice trained annually and % of women applicants for new job openings. Strengthen implementation of Internal Complaints Committee; Ensure Gender Responsive Content and Appeal in Power Sector Job Descriptions; Formalize and Provide More Women and Family Friendly Provisions at Work; Conduct Confidence Building, Motivational and Leadership Trainings at all Levels/Grades; Outreach and Awareness Generation for Enrolled Students/Recent Graduates on Skill Training and Counseling Support Provided by the State’s Energy Sector; Provide Refresher Trainings to Women Staff in Smart and New Age Technologies; Set up a Gender Budget Cell or Allocate Separate Funds for the Progression of Women Staff. 22 SECTION 2: ENVIRONMENTAL AND SOCIAL ASSESMENT 2.1 Policy and legal framework: relevance to Sector program 2.1.1 Social Policy and legal framework This section discusses relevant legislations applicable for the program. It encapsulates both national and state laws and policies covering relevant aspects such as land management and livelihood, social inclusion, citizen engagement, gender and women’s security, employment, and social welfare of workers. The assessment revealed that applicable national and state laws and policies provide adequate safeguards to manage social risks that emerge from the proposed operation. These have been explained below: I. The (notified) Himachal Pradesh Swaran Jayanti Energy Policy (2021) aims at achieving social benefits over and above access to energy: (i) promote investment, employment generation and skill enhancement; (ii) establish core technical competence in professionals to initiate and sustain use and effective management of newer energy applications; (iii) protect the rights of the local inhabitants for irrigation and drinking water requirements and maintain riverine eco system, by ensuring availability of downstream flow of water and maintain Free Flow/ Riparian Distance between two consecutive/ cascading projects; and (iv) promote goods and services manufactured/available in the State in the Generation, Transmission and Distribution segments of Power Sector under the Make in India Initiative and Aatmanirbhar Bharat Abhiyan. II. While the program will have physical infrastructure development, may not involve large scale private land acquisition. In cases of land acquisition, central and state legislations such as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR) and Himachal Pradesh Rules, 2015 are applicable. In addition, policies of Institutions such as HPPCL’s Resettlement and Rehabilitation Plan7, 2009 and HPPTCL’s Resettlement, Relief, Rehabilitation and Compensation Policy, 2011 (RRRCP) have also been framed to safeguard the interests of the project affected persons through the project cycle for the investments for infrastructure development. However, policies governing social safeguards for energy sector projects would require updation to meet the requirements of the current legislations on land acquisition, resettlement, and rehabilitation. For instance, the central RFCTLARR Act, 2013 covers minimization of resettlement impacts, higher rates of compensation, grievance redressal and disclosure requirements, monitoring systems which are not addressed under these sectoral policies. III. The Tariff Policy, 2006 and Himachal Pradesh Land Area Development Fund (LADF) provides for benefit sharing mechanisms for people adversely affected by hydropower projects. This intends to provide a regular stream of revenue for income generation on a sustained and continuous basis. IV. Most policies in Himachal Pradesh secure the rights and privileges of marginalized groups (SC, ST, OBC and BPL), particularly during recruitment in government jobs and admissions in higher educational institutions. It also recognizes the special rights and needs of persons with disabilities. Despite free or highly subsidized education (including professional courses) for women, there are no government policies on reservation in services for women in the state, as seen in other states and at the Centre. The state however has aligned all service rules with 7Approved by the Government of Himachal Pradesh which is yet to be aligned with the RFCTLARR Act, 2013 23 the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 V. Himachal Pradesh has also implemented some schemes and programs at the secondary education level in STEM8 fields such as the Atal Tinkering Lab Scheme and has recently approved a Science Technology & Innovation (STIP) Policy for fostering scientific research, innovation, and technological competence among youths. VI. Further, legislations like the Right to Information Act (RTI) and Himachal Pradesh Services Guarantee Act provide transparency and accountability by making the process of public service delivery such as access to electricity more reliable, affordable, and efficient. VII. To safeguard the workforce under the program, the four Labour Codes which amalgamate 44 Central labour laws into four codes on wages, industrial relations, social security, and safety and working conditions were reviewed. Labour being a subject in the Concurrent List of the Constitution, Himachal Pradesh is one of the first few states to have framed the State Rules for all four codes: Code on Wages (Himachal Pradesh) Rules, 2021, Industrial Relations (Himachal Pradesh) Rules, 2021, Social Security (Himachal Pradesh) Rules, 2021 and Occupational Safety, Health and Working Conditions (Himachal Pradesh) Rules, 2021. I. Land Management and Livelihood S. National and Overview of key provisions Applicability to No State Laws for PforR Social management 1. Right to Fair Emphasizes social assessment and resettlement planning Applicable if private Compensation even prior to issuance of the preliminary notification and land is acquired for and proposes to provide arrangement of R&R benefits along with project facilities Transparency in the compensation package. Some of the highlights are as and/or if someone Land follows: is displaced and/or Acquisition, livelihoods are • Offers compensations up to 4 times the market value in Rehabilitation affected. rural areas and 2 times the market value in urban areas. and Resettlement • No displacement or dispossession until full payment of Act 2013 compensation and R&R benefits are made and alternative sites for the resettlement and rehabilitation have been 2. Himachal prepared. When the 2013 Act Pradesh Right to • Requires the consent of no less than 70 percent and 80 is applicable, the HP Fair percent respectively (in both cases) of those whose land Rules are to follow.9 Compensation is sought to be acquired in case of PPP or private projects. and • Safeguard food security and to prevent arbitrary Transparency in acquisition, the Act directs States to impose limits on the Land area under agricultural cultivation that can be acquired. Acquisition, 8 Science Technology Engineering and Mathematics 9 As per the requirement of this Act and Rules, Land Acquisition, Rehabilitation and Resettlement Authorities have been setup in each district of Himachal Pradesh (Notification No, Rev-B A (3)- 3/2014, Dated 21st November 2016) 24 Rehabilitation • In case land remains unutilized after acquisition, the Act and empowers states to return the land to the owner. Resettlement • No income tax shall be levied, and no stamp duty shall be (Social Impact charged on any amount that accrues to an individual. Assessment and • Specifies some additional provisions for SC and STs. Consent) Rules, 2015 3. Himachal Streamline the utilization of village common lands popularly Applicable for any Pradesh Village known as ’Shamlat Land’. As per Section 8A of this Act, the project activities Common Land vested land can be transferred to other Departments of the that require land. Utilization Act, State Government or can be given on lease to an individual in 1974 (Amended connection with development activities of the state. vide Act No.18 However, this provision was subject to the condition that this of 1981.) will not reduce the land to less than 50 per cent reserved for common purposes for the inhabitants of an estate. The Collector may direct the landowners of the land after it is vested in the Government to hand over the possession of such lands within ten days from the service of the orders. If they refuse or fail to hand over the possession without a reasonable cause, the collector may take the possession of such lands by force, if necessary. 4. HPPCL’s The objective of the Plan is to compensate the families The policy is Resettlement affected adversely by construction of the project. HPPCL has applicable for and adopted various relief and rehabilitation strategies for the HPPCL’s activities Rehabilitation project affected families. These include suitable and adequate related to large Plan, 2009 compensation to ensure replacement of assets lost or hydro power acquired, R&R benefits to all project affected families (PAFs) projects (above with provision of additional benefits to ST/SC households, 5MW) to supply to guidance for better living conditions and livelihood, primary GRID and and secondary employment for PAFs, 100 units of free generators. electricity for 10 years and 1% of the revenue generated from the project will be distributed among the PAFs. 5. HPPTCL’s It lays down the guiding policy of HPPTCL for preparation of The policy is Resettlement, project specific R&R Plans and its implementation. This policy applicable for Relief, has been prepared keeping in view the provisions contained HPPTCL’s core Rehabilitation in the R&R Policy notified by Govt. of HP vide notification No activities related to and Rev(PD)F(5)-1/1999 dated 27-4-06;National Rehabilitation transmission lines Compensation and Resettlement Policy (NRRP) 2007; Indian Telegraph and installation of Policy, 2011 Act,1885; Indian Electricity Act, 2003; HP Hydro Power Policy, power substations (RRRCP) 2007; Safeguarding policies of multilateral funding agencies; and creation of and R&R Plan of Himachal Pradesh Power Corporation Limited ancillary/associated (HPPCL) and general safeguarding principles. facilities. 6. Tariff Policy The Tariff Policy recognizes 13% of free power to the State Benefit sharing 2006 (Para 5.1 Government, and energy corresponding to 100 units of mechanism in cases 25 (e) (iii); electricity to be provided free of cost every month to every of hydropower and Amended vide Project Affected Family notified in the designated other renewable Ministry of resettlement area/ projects area for a period of ten years by energy projects. Power the State Government Resolution, dated 31st March, 2008) 7. Local Area Project developers shall contribute additional 1% free power Benefit sharing Development after commissioning of hydro-power projects, which will be mechanism in cases Fund 2011 earmarked for the Local Area Development Fund (LADF)to of hydropower and (revised in 2015) provide regular stream of revenue for income generation on other renewable a sustained and continuous basis. The revenue generated out energy projects. of sale of 1% additional free power shall be disbursed among the beneficiary families. 50% of LADF will be distributed among all families in the project affected areas, of which BPL families will get a higher proportion. The remaining 50% of LADF will be divided among families displaced due to land acquisition. II. Citizen Engagement S. National and Overview of key provisions Applicability to PforR No State Laws for Social management 1. 73rd and 74th The Act was enacted to ensure effective involvement of Prior to commencement Constitutional the Panchayati Raj Institutions in the local administration of project activities in a Amendment and developmental activities. particular area, the NoC Act, 1993 HP Government may entrust to the Gram Panchayat of the gram panchayat 2. Himachal preparation of plans and implementation of schemes for of that area is needed. Pradesh economic development and social justice including those Panchayati Raj enlisted in Schedule II of the Act which covers rural Act, 1994 electrification including distribution of electricity. 3. Panchayats Gram Sabhas and Panchayats have been vested with If land is required for (Extension to greater powers, which include approval of plans, project activities in the Scheduled programmes and projects for social and economic fifth schedule areas, Areas) Act, development, mandatory consultation before acquisition approval of the gram 1996 (PESA) of land in the Schedule Areas for development projects sabha and mandatory 4. Himachal and before resettling or rehabilitating persons affected by consultation needs to be Pradesh such projects in Scheduled Areas. held prior to acquisition Panchayati Raj of land. (Extension to Some parts of Himachal Pradesh (particularly Lahaul and the Scheduled Spiti districts, Kinnaur, Pangi tehsil and Bharmour sub- Areas) Rules, tehsil in Chamba district) fall under the fifth schedule area 2011 and are thus, governed by this Act and Rules. 5. Right to Central Act used to secure access to information under the Relevant and applicable Information control of public authorities. To promote transparency to all government Act, 2005 and accountability in the working of every public institutions under the authority, it mandates the constitution of a Central program. 26 Information Commission and State Information Commissions. 6. Himachal Enacted by the Government of Himachal Pradesh to Services (supply of Pradesh Public provide time bound Citizen Centric Services to the public electricity) provided by Services of the State. Currently, 20 departments are providing 119 HPSEBL needs to be Guarantee Act, Services notified under the PSG Act, 2011. The Act timebound and efficient, 2011 enforces accountability of the designated officers for any as per the requirements lapse/deficiency in their service. of this Act. III. Social Inclusion S. National and Overview of key provisions Applicability to PforR No State Laws for Social management 1. The The Indian Constitution prohibits any discrimination based Relevant to the overall Constitution of on religion, race, caste, sex, and place of birth, refers to Program to ensure no India (Articles the equality of opportunity in matters of public discrimination and 15,16 employment, directs the state to promote with special exploitation and and 46, 275, care the educational and economic interests of the weaker safeguarding the 330, 332, 335 sections of the people, particularly of the Scheduled vulnerable 340 and 342) Castes and the Scheduled Tribes and directs the state to protect them from social injustice and all forms of exploitation. 2. The Scheduled Safeguards Scheduled Castes and Scheduled Tribes against Relevant to the overall Castes and the wrongful occupation or cultivation of any land or premises Program to ensure that Scheduled or residence or enjoyment of rights and services SC and ST are not Tribes accessed/owned/allotted/notified for them harmed or negatively (Prevention of impacted. Atrocities) Act, 1989, and Rules, 1995 3. Notifications Service Rules, Regulations and Notifications issued by the Relevant and applicable on government of Himachal Pradesh provides reservation in to all government Reservations in all government services to married daughters and institutions under the Services granddaughters of freedom fighters (2%), persons with program. benchmark disabilities (4%), persons belonging to scheduled tribes (7.5% in Class-I & II or 5% in Class-III & IV posts), scheduled castes (5% in Class-I & II or 22% in Class- III & IV posts) and other backward castes (12% in Class-I & II and 18% in Class-III & IV posts) including those belonging to below poverty line, domiciled in Himachal Pradesh. 4. Rights of The Act requires all establishments to frame and publish Relevant to the overall Persons with an Equal Opportunities Policy. Further, every Government Program to ensure Disabilities Act, establishment shall reserve, not less than four % of the inclusion and 2016 total number of vacancies in the cadre strengthing each participation of PwD group of posts for persons with benchmark disabilities. 27 IV. Gender10 S. National and Overview of key provisions Applicability to PforR No State Laws for Social management 1. The Sexual An act that aims at providing a sense of security at the Relevant and applicable Harassment of workplace that improves women’s participation in work to all government Women at and results in their economic empowerment. It requires institutions and Workplace an employer to set up an “Internal Complaints management (Prevention, Committee” (ICC) and the Government to set up a ‘Local agencies/firms under Prohibition Complaints Committee’ (LCC) at the district level to the program. and Redressal) investigate complaints regarding sexual harassment at Act, 2013 workplace and for inquiring into the complaint in a time bound manner. Applicable for organizations and its branches with more than 10 employees. Notification was issued in 2014 by the Government of Himachal Pradesh to align all service rules [CCS (Conduct) Rules, 1964 and CCS (CCA) Rules 1965] with the Sexual Harassment at the Workplace Act, 2013. 2. Himachal The main mandate of the commission as per the Act is to For investigation and Pradesh State improve the status and dignity of women in society, to examination of all Commission investigate into and take or suggest suitable measures matters relating to the for Women against practices derogatory to women, to effectively safeguards provided for Act,1996 monitor and implement laws affecting women and to women under the advice the State Government. constitution and other laws. 3. National Policy Adopted in 2001, Policy states that all forms of violence Institutions and for the against women, physical and mental, whether at domestic mechanisms/schemes Empowerment or societal levels, including those arising from customs, for assistance will be of Women traditions or accepted practices shall be dealt with created and 2001 effectively with a view to eliminate its incidence strengthened for 4. Draft National Policy to further the mission of equal rights and prevention of such Policy for opportunities for women in family, community, violence, including Women in workplace, and governance sexual harassment at 2016 workplace; for the rehabilitation of the victims of violence and for taking effective action against the perpetrators of such violence. V. Labour Welfare and Working Conditions 10 India has signed and ratified Convention on Elimination of Discrimination against Women (CEDAW). Since then, the National policy for Women and other policies and amendments on acts has been reflecting the principles highlighted in the related international conventions (http://treaties.un.org/). The Dowry Prohibition Act, 1961; The Immoral Traffic (Prevention) Act in 1956; The Protection of Women from Domestic Violence Act, 2005; The Protection of Children from Sexual Offences Act, 2012; Indecent Representation of Women (Prohibition) Act-1986, Commission of Sati (Prevention) Act-1987 are some other Gender Specific Laws in India. 28 S.No National and State Overview of key provisions Applicability to PforR Laws for Social management 1. Code on Wages, The Code on Wages subsumes the Payment of Relevant and applicable 2019 Wages Act, 1936, Minimum Wages Act, 1948, to all government Payment of Bonus Act, 1965 and Equal institutions and Remuneration Act, 1976. The Code guarantees management agencies/ minimum wages and provides for equal wages to all firms under the genders. The draft Himachal Pradesh Rules for the program. Code have been notified in July 2021. 2. Code on Social The Code subsumes nine central labour laws. These Relevant and applicable Security, 2020 laws are the Employees’ Provident Funds and to all government Miscellaneous Provisions Act, 1952; Payment of institutions and Gratuity Act, 1972; Employees’ Compensation Act, management agencies/ 1923; Maternity Benefit Act, 1961; Employees’ State firms under the Insurance Act, 1948; Workers Cess Act, 1996; program. Employees' Provident Funds and Miscellaneous Provisions Act, 1952; Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959; Cine Workers Welfare Fund Act, 1981; Building and Other Construction Workers’ Welfare Cess Act, 1996 and Unorganized Workers’ Social Security Act, 2008. The Code extends social security to all employees and workers either in the organized or unorganized or any other sectors. The draft Himachal Pradesh Rules for the Code, although framed are yet to be notified. 3. Occupational The 2020 Code subsumes thirteen laws, including Relevant and applicable Safety, Health and The Contract Labour (Regulation and Abolition) Act, to some activities under Working Conditions 1970, The Inter-State Migrant Workmen (Regulation the program such as Code, 2020 of Employment and Conditions of Service) Act, 1979 construction related and The Building and Other Construction Workers activities, operation of (Regulation of Employment and Conditions of sub-stations, T&D, etc. Service) Act, 1996. The Code regulates the employment and conditions of service of building and other construction workers and to provide for their safety, health, and welfare measure and for other matter connected therewith or incidental. The draft Himachal Pradesh Rules for the Code, although framed are yet to be notified. 4. Industrial Relations The Industrial Relations Code subsumes the Relevant and applicable Code, 2020 following enactments: The Trade Unions Act, 1926; to all government The Industrial Employment Standing Orders Act, institutions and 1946 and The Industrial Disputes Act, 1947. The code management agencies/ protects the rights of workers to form unions, to firms under the minimize the friction between the employers and program. workers and to provide provisions for investigation and settlement of industrial disputes. The draft Himachal Pradesh Rules for the Code, although framed are yet to be notified. 29 5. 1. Child Labour To protect the interest of children below the age of Relevant and applicable (Prohibition and 14 so they are not employed in certain occupations. to all government Regulation) Act, And to regulate the conditions of work of children in institutions and 1986 certain other employments. management agencies/firms to prohibit exploitation of children. 6. 2. Bonded Labour To regulate forms of forced labour. Relevant and applicable System (Abolition) to construction, Act, 1976 operation, and maintenance activities for T&D, Hydropower, etc. VI. Other policies relevant to the Program 3. National and State Overview of key provisions S.No Applicability to PforR Laws for Social management 1. 4. Electricity Act, 2003 The Act seeks to promote competition, protect the All utilities establishing, interest of the consumers, tariff rationalization, operating, and removal of subsidies, strengthening the regulatory maintaining generating institutions and providing indiscriminate open stations, sub-stations access to different users. and dedicated transmission lines must ensure compliance with this Act 2. 5. Himachal Pradesh The policy seeks to provide protection to Ensures transparency Power Transmission whistleblowers and lists procedures for protected and efficient redressal of Corporation Limited disclosures, which will be addressed by the Chairman any misconduct in Vigil Mechanism of Audit Committee/Vigil Mechanism Committee of HPPTCL, which is an Policy, 2016 the Company for investigation. implementing agency under the program. 3. 6. HPPTCL’s The policy’s goal is to ensure that development of Applicable for any Environmental and power transmission system network is done in an activities related to the Social Safeguards environmentally and socially sustainable manner program, such as the Policy (ESSP) and to bring clarity and transparency about it with smart-grid project. The public disclosure. The ESSP was developed to ESSP is applicable for address the environmental and socioeconomic HPPTCL’s core activities issues arising from its activities guided by the basic related to transmission principles of Avoidance, Minimization and lines and installation of Mitigation. The ESSP outlines HPPTCL’s approach power substations and and commitment to deal with environmental and creation of social issues relating to its transmission projects. The ancillary/associated main aim of ESSP is to move away from the classical facilities. cost-benefit approach to the larger realm of Corporate Social Responsibility, while mainstreaming the environmental and social concerns in its operations. 4. 7. Himachal Pradesh The objectives of the policy are to (a) develop local Relevant and applicable Hydro Power Policy area by creation of Local Area Development to renewable energy 30 2006 Committee financed through Power Projects; (b) projects as well as small provide access of electricity to all households and to hydropower projects protect the interest of consumers; and (c)protect the (SHPs) up to a capacity rights of local inhabitants for irrigation and drinking of 5 MW, implemented water requirement. by HIMURJA. 2.1.2 Environmental Policy and legal framework This section summarises the relevant legislations and policies applicable for the program and sums up both national and state laws and policies covering relevant. The assessment revealed that applicable national and state laws and policies provide adequate safeguards to manage the expected environmental risks that may arise from the proposed operation. These have been discussed as under: i. Over the last 15 years, there has been a paradigm shift in the energy scenario of the country. The country is moving towards renewable energy i.e. total green energy as per Paris agreement signed in December 2015. The new (notified) Himachal Pradesh Swaran Jayanti Energy Policy (2021) has a vision of making the state of Himachal Pradesh a leader in hydro power development and to diversify the state’s green energy portfolio. The new policy framework aims at providing an affordable, reliable, and quality power to the consumers round the clock, throughout the year, mitigate the social, economic and environmental impacts and take care of various mandates of the Electricity Act, 2003 which seeks to promote competition, protect the interest of the consumers, tariff rationalization, phasing out of subsidies, strengthening the regulatory institutions and providing indiscriminate open access to different users. ii. While the Electricity Act does not provide a definition of renewable energy, there are other legislation and policies at both central and state level providing the definition of renewable energy sources. Among these, the Central Electricity Regulatory Commission (Terms and Conditions for Tariff Determination from Renewable Energy Sources) Regulations 2017 define ‘renewable energy’ as grid quality electricity generated from renewable energy sources. The term ‘renewable energy sources’ has been further defined to mean small hydro, wind, solar including its integration with combined cycle, biomass, biofuel cogeneration, urban or municipal waste and other such sources as may be approved by the MNRE. Also, by way of office memorandum dated 8 March 2019, the MOP has now classified hydro power project stations with a capacity of more than 25MW as a renewable energy source. iii. At central or federal level, the Tariff Policy and the National Electricity Policy 2005 broadly encourage energy from renewable sources. The MNRE launched NSM, the National Offshore Wind Energy Policy, and the Policy for Repowering of the Wind Power Projects as energy source specific policies. iv. The GOI has provided various tax and fiscal incentives to electricity generated from specific energy sources such as accelerated depreciation, etc. There are incentives available to renewable power projects at state level as well. Many of these states have specific policies for the source of energy (such as separate policies on wind and solar), which have high potential in a particular state. Through these policies, the state governments grant various fiscal incentives such as exemption of electricity duty, exemption from cross-subsidy surcharge, exemption from payment of stamp duties and land registration charges and exemption from transmission and distribution charges for wheeling of power. v. There are no separate bodies or framework for disputes relating to renewable energy in 31 particular. Jurisdiction over interstate and intrastate electricity regulatory issues is exercised by the CERC and SERCs, respectively. The CERC has the power to adjudicate upon disputes involving generating companies (either owned or controlled by the GOI or that have entered into a composite scheme for generation and sale of electricity in more than one state) or transmission and trading licensees with respect to determination of tariff and regulation of inter-state transmission and trading of electricity. SERCs have the power to adjudicate on disputes between licensees and generating companies within their respective jurisdiction. vi. The main acts that have a bearing on the working of the different utilities are: (a) HP Hydropower Policy 2007; (b) National Forest Policy, 1988; (c) Environment Protection Act, 1986 (d) EIA Notification 2006; (e) the Water (Prevention and Control of Pollution) Act, 1974; (f) the Water Cess Act, 1977; and (g) the Air (Prevention and Control of Pollution) Act, 1981 among others. The law in respect of management of forest and biodiversity is contained in (a) the Indian Forest Act, 1927; (b) the Forest (Conservation) Act, 1980; (c) the Wild Life (Protection) Act, 1972; and (d) the Biodiversity Act, 2002. vii. Further, different utilities have their own environment safeguards policies in place, like HPPCL’s Environment Safeguards Policy for Hydro Power Projects, HPPTCL’s Environment and Social Safeguards Policy, etc. I. Environment Protection S. National and Overview of key provisions Applicability to No State Laws for PforR Environmental management 1. The EIA Notification 2006 is used as a major tool for minimizing the EIA Notification Environmental adverse impacts of rapid industrialization on the environment 2006 requires Impact (EIA) and for reversing those trends which could cause climate change preparation of Notification in the long run. an EIA and EMP 2006 and its Reports for EIA Notification of 2006 has decentralized the environmental amendments Environmental clearance projects by categorizing the developmental projects Clearance (EC) in in two categories, i.e., Category A (national level respect of appraisal) and Category B (state level appraisal). Category A hydroelectric projects are appraised at national level by Impact Assessment power projects Agency (IAA) and the Expert Appraisal Committee (EAC) and because they Category B projects are apprised at state level. State Level have been Environment Impact Assessment Authority (SEIAA) and State classified under Level Expert Appraisal Committee (SEAC) are constituted to category 1(c) provide clearance to Category B process. “River Valley Projects”. 2. The This is an umbrella act that provides a holistic framework for the All utilities Environment protection and improvement to the environment. It requires for expecting to (Protection) Act, obtaining environmental clearances for specific types of have any 1986 and its new/expansion projects and for the submission of an influence on the amendments environmental statement to the State Pollution Control Board environment annually. It empowers central government to take measures need to ensure necessary to protect and improve the quality of the environment compliance to by setting standards for emission and discharges; regulating the this act. location of industries; management of hazardous wastes; and the protection of public health and welfare. 32 I. Environment Protection S. National and Overview of key provisions Applicability to No State Laws for PforR Environmental management 3. The Forest This Act strictly restricts and regulates the de-reservation of Applicable for (Conservation) forests or use of forest land for non-forest purposes without the conversion of Act 1980 and its prior approval of central government and lays down the forest land for amendments prerequisites for the diversion of forest land for non-forest non-forest purposes. The act is relevant for the power sector for the siting purposes. guidelines for hydroelectric power plants, and for passage of transmission lines through forest areas. 4. The Wildlife The Wildlife (Protection) Act, 1972 provides for protection of Applicable when (Protection) Act, listed endangered species of flora and fauna and establishes a there is 1972, as network of ecologically important protected areas, with the involvement of amended in objective to control smuggling, poaching and illegal trade in endangered 1993 and Rules wildlife and its derivatives. Incase forest land within a protected wildlife. 1995 area has to be converted for non-wildlife use, a no objection has to be obtained from Indian Board of wildlife and the State Legislature, before the final consideration of MoEFCC. 5. Hazardous and It acts a guide for manufacturing, storage and import of Storage and Other Wastes hazardous chemicals, and for management of hazardous wastes. handling of (Management The rules require industries to classify wastes into categories and hazardous and manage them as per the prescribed guidelines. It talks about the wastes such as Transboundary liabilities of Occupier, Transporter, Importer and Operator of any used gas, oil and Movement) waste facility and the penalties that will be levied on them for other input Rules, 2016 violation of any provisions under this act. materials, According to these rules, “hazardous waste” means any waste explosives for which by reason of characteristics such as physical, chemical, blasting, SF6 biological, reactive, toxic, flammable, explosive or corrosive, leakage, etc. has causes danger or is likely to cause danger to health or to be done environment, whether alone or in contact with other wastes or according to the substances provisions of this “Environmentally sound management of hazardous and other act. wastes” have been explained as taking all steps required to ensure that the hazardous and other wastes are managed in a manner which shall protect health and the environment against the adverse effects which may result from such waste; 6. National The National Environment Tribunal Act prescribes the procedureApplicable as it Environment and substantive law relating to compensation for the death of,provides for Tribunal Act, or injury to, a person and damage to property and environment,compensation in 1995 by an industry wherein a hazardous substance is used or is a case of death and/or injury to byproduct. It also provides for the establishment of a National Environment Tribunal for effective and expeditious disposal ofperson, cases related to such incidents. property, and environment. 7. National Green This act provides for the establishment of National Green Applicable for Tribunal Act, Tribunal for the effective and expeditious disposal of cases disposal of cases 2010 related to environment protection and conservation of forests related to and other natural resources and giving relief and compensation 33 I. Environment Protection S. National and Overview of key provisions Applicability to No State Laws for PforR Environmental management for damage to persons and property. It deals with laws on air and environment water pollution, the Environment Protection Act, the Forest protection. Conservation Act and the Biodiversity Act. The relief and compensation under this act are given according to the Public Liability Insurance Act, 1991. 8. Rules for the The rule prohibits certain activities like selling timber, shooting Activities regulation of without license, setting trees and grass to fire, cultivation etc; in involving the Rights in the all the forests of the Bashahr State (now Kinnaur District). activities need Demarcated and compliance to Undemarcated these rules. Forests of the Sutlaj Valley under the Bashahr Lease, 1920 9. The Industrial This act requires employers (wherein 100 or more workers are All utilities need Employment employed) in industrial establishments to define with sufficient to make their (Standing precision the conditions of employment under them and to workmen aware Orders) Act, make the said conditions known to workmen. of the operating 1946 conditions and keep them in loop with latest updates in the sector 10. The Industrial It makes provisions for the investigation and settlement of Industrial Dispute Act, industrial disputes and providing safeguards to the workers. disputes arising 1947 at these facilities are solved according to the provisions of this act. 11. Himachal HP Government may entrust to the Gram Panchayat preparation NoC certificate Pradesh of plans and implementation of schemes for economic from gram Panchayati Raj development and social justice including those enlisted in panchayat is Act, 1994 Schedule II of the Act which covers rural electrification including mandatory distribution of electricity. before commencement of any project activities in a particular area. 34 II. Pollution Prevention S. National and Overview of key provisions Applicability to PforR No State Laws for Environmental management 1. Air (Prevention The act prohibits the construction and operation of any At HPPTCL, the Gas and Control of industrial plant without the consent of the SPCBs. It Insulated Switchgear Pollution) Act, assigns powers and functions to the CPCB and SPCB for uses SF6 as insulator and 1981 and its prevention and control of air pollution and related is required to be stored amendments matters. This act empowers Central and State Pollution and handled at site for and rules Control Boards to prosecute offenders and issue licenses various operations and for construction and operation of any facilities. National maintenance ambient air quality for different regions viz, industrial, requirements, according residential, and sensitive areas is notified under this act, to this act. 2. Water This act makes provisions for the establishment of the Compliance to this act is (Prevention Central and State Pollution Control Boards, whose mandatory for and Control of responsibility includes managing of water quality and construction and/or Pollution) Act, effluent standards, monitoring water quality, prosecuting operation of any 1974 and offenders and issuing licenses for construction and facilities. Rules, 1975 operation of any facility. 3. Water This act provides for the levy and collection of a cess on Consumption of water (Prevention water consumed by industries and local authorities and by different utilities is and Control of defines standards and indications for the kind of and done according to the Pollution) Cess location of meters that every consumer of water is provisions of tis act. Act, 1977 required to install. 4. National The objectives of air quality standards are: To indicate Regular monitoring and Ambient Air the levels of air quality necessary with an adequate margin keeping the air quality in Quality of safety to protect the public health, vegetation, and check is done according Standards property; To assist in establishing priorities for to the provisions of this (NAAQS) abatement and control of pollutant level; To provide act. uniform yardstick for assessing air quality at national level; To indicate the need and extent of monitoring programme. To combat air pollution, it is required to identify the pollutants, its source of emission and investigate the effects of living and the environment. The Central Pollution Control Board has notified the revised National Ambient Air Quality Standards Gazette of India, Extra-ordinary Part-II Section 3, sub section (ii), dated Nov 18, 2009. III. Electricity Generation S. National and Overview of key provisions Applicability to PforR No State Laws for Environmental management 1. Renewable The purpose of this Act is to enable the energy supply to Applicable for any Energy Source develop in a sustainable manner in particular in the project activities that Act 2017 interest of mitigating climate change and protecting the 35 III. Electricity Generation S. National and Overview of key provisions Applicability to PforR No State Laws for Environmental management environment, to reduce the costs of the energy supply to are related to renewable the economy not least by including long-term external energy generation. effects, to conserve fossil energy resources and to promote the further development of technologies to generate electricity from renewable energy sources. (2) The aim of this Act is to increase the proportion of electricity generated from renewable energy sources as a percentage of gross electricity consumption to 1) 40 to 45 percent by 2025, 2) 55 to 60 percent by 2035 and 3) at least 80 percent by 2050. This development is to take place in a manner that is steady, cost-efficient and compatible with the grid system. (3) The aim pursuant to subsection 2 sentence 1 also serves to increase the share of total gross final energy consumption covered by renewable energy sources to at least 18 percent by 2020. 2. Draft National Renewable Energy Policy: For environmental The policy is applicable Electricity reasons, it is in our long-term interest to promote green for projects related to (Amendment) power. India is a signatory to the Paris Climate Agreement. renewable energy Bill 2020 It is therefore proposed to have a separate policy for the sector. development and promotion of generation of electricity from renewable sources of energy. 3. Electricity Act An Act to consolidate the laws relating to generation, The policy is applicable 2003 transmission, distribution, trading and use of electricity for activities related to and generally for taking measures conducive to generation, development of electricity industry, promoting transmission, competition therein, protecting interest of consumers and distribution, and use of supply of electricity to all areas, rationalization of electricity from any electricity tariff, ensuring transparent policies regarding source- renewable or subsidies, promotion of efficient and environmentally non-renewable. benign policies constitution of Central Electricity Authority, Regulatory Commissions and establishment of Appellate Tribunal. S.No National and State Overview of key provisions Applicability to PforR Laws for Environmental management 1. HPPCL’s The policy delineates the principles on which This act serves as a Environment Policy environmental safeguards are provided for the beacon light to the for Hydro-power execution of any project. It highlights HPPCL’s engineers for Projects commitment to address and mitigate adverse impact environmentally likely to impinge on the environment and ecology on harmonious execution any project area. of the projects 36 S.No National and State Overview of key provisions Applicability to PforR Laws for Environmental management 2. HPPTCL’s The Environment and Social Safeguards Policy (ESSP) Applicable to any Environmental and outlines HPPTCL’s approach and commitment to activity related to the Social Safeguards deal with environmental and social issues relating to program like installation Policy (ESSP) its transmission projects, based on the basic of power sub-stations principle of avoidance, minimization, and mitigation. and creation of ancillary HPPTCL is committed to the goal of sustainable facilities. development of power transmission network in harmony with nature and natural resources. 3. Himachal Pradesh The objectives of the policy are to (a) develop local Relevant and applicable Hydro Power Policy area by creation of Local Area Development to renewable energy 2006 Committee financed through Power Projects; (b) projects as well as small provide access of electricity to all households and to hydropower projects protect the interest of consumers; and (c)protect the (SHPs) up to a capacity rights of local inhabitants for irrigation and drinking of 5 MW, implemented water requirement. by HIMURJA. 4. HPSEBL’s Electrical The objective of this policy is to enhance the Relevant to Distribution Safety Manual and awareness, skill and competence level of the Electrical System General Safety authorized line staff, supervisory engineering functions to be followed Instructions, 2015 associates and progressively to the consumer by field offices under fraternity to enable them to demonstrate their HPSEBL, to prevent fatal involvement, responsibility and accountability and non-fatal accidents. towards making HPSEBL network geographical area injury and accident free. 2.2Assessment of Institution and systems 2.2.1 DoE After the trifurcation of erstwhile Himachal Pradesh State Electricity Board, the Directorate of Energy (DoE) was created during the year 2009. Headed by the Director (Energy), DoE looks at Allotment, monitoring, clearances, quality control and management of power projects in the state. DoE is the nodal office of Departments of MPP11 & Power for coordination amongst all power utilities of the state of H.P. 2.2.1.1 Institutional structure, procedures, practices, and performance a. The Directorate of Energy is responsible for policy framing & Procedures for tendering and allotment of Hydro Electric Projects above 5MW. The Directorate is headed by the Director (Energy) and this Directorate looks after the work of Allotment, Monitoring, Grant of Techno Economic Clearance (TEC), for Hydroelectric Projects above 5MW capacity. Additionally, the issues related to Hydro Power Safety, Environmental & Social issues like; Monitoring and Management of Local Area Development Fund etc. , Quality Control, Management of Power Flow, Sale of GoHP Power share received from various Central, State & Private Hydro Electric 11 Multiple Power Project 37 Projects, Implementation of Energy Conservation activities in the state as per mandate given by BEE, MoP in the capacity of State Designate Agency (SDA), DAM Safety aspects for all Large Dams in the capacity of DAM Safety Organization for State of Himachal Pradesh. b. Officers at level of Superintending Engineer and Executive Engineer have been co-designated and track any dam safety, accidents and violations on environmental compliance conditions as per approved environmental management plans that come to their notice during implementation of the hydro power projects. They conduct monitoring and evaluation of projects in terms of compliance of various environmental conditions, adhering to conditions of addressal of disaster management and EHS issues for all large projects above 5MW capacity and ensure the necessary compliances from project developers as per the norms. c. DoE examines DPRs implementation of HEPs and that includes environmental & social norms chapter related to Hydro Power Development. DoE also works as Dam Safety Organisation for all large Dams in state of Himachal Pradesh. DoE is also handling mandate for implementation through Electricity Act; Energy Conservation Activities; Clean Development Mechanism; Hydro Power Policy; Local Area Development Fund Policy; R & R Plans; and HP Energy Conservation Building Code & Rules. ENVIRONMENTAL MANAGEMENT a. Environment Management Procedure: DoE is instrumental to mainstream Environment frameworks and overall Environmental Management Policy including implementation of carrying capacity studies, cumulative impact assessment studies and monitoring. DoE is responsible for directing the project developer for adopting framework of environment action plan to mainstream the mitigation measures of any adverse environmental impacts that can restrict various natural processes. b. Environmental Management Practices: DoE promotes and provides the informatory guidelines/norms to be ensured by projects developers for the use of good international practices in implementation of E-Flow notifications, Catchment Area Treatment Plans, Climate Change & Disaster Management Risks by involving the authorized agencies like HPPCB, Mining Department, Labour Department & local authorities to keep checks on minimizing pollution potential, storage, transport and disposal of hazardous material , etc. The guidelines are issued for major above 5 MW whereby the project design will avoid, minimize, or mitigate community, individual, risks. DoE is mandated to audit, monitor and put additional safeguard provisions when program activities are located within areas prone to natural hazards or other severe weather or climate events for all large projects more than 5MW capacity. Projects developers are directed to ensure that Contractor Liabilities are specified in the EHS guidelines, required trainings provided to the officials responsible for storage, transport, use and disposal of hazardous chemical, disaster management, dam safety in accordance with international guidelines and conservations including health and safety trainings. c. Though there is no formal procedure or format, but as part of its systematic activities and as part of DPR preparation, attempts are made to avoid undesirable environmental impacts. In projects where avoidance is not possible, it is ensured that the project developers mitigate the adverse impacts and prepare an Environmental Management Plan (EMP). The EMP includes the proposed Mitigation measures, Environmental monitoring and reporting requirements, related institutional arrangements, capacity development and training measures, implementation schedule, cost estimates, performance indicators, etc. 38 d. Environmental Monitoring and Reporting: Six monthly monitoring reports are submitted by individual Project Developers as part of regulatory compliance. Key environmental parameters are monitored regularly by individual Project Developers and possible efforts are also made to monitor annually and through intermittent inspections by DoE Any issue regarding violation of any norms as is received by DoE as a nodal agency the same is taken up immediately with the concerned utilities/Departments and project developers for resolving that issue effectively on priority basis. There is need for strengthening and integration of the annual monitoring activity by DoE in the form of a systematic format of collecting, analyzing and using information on the key parameters, thereby tracking the progress of any project towards its objectives; thereby facilitating decision making. Similarly, in monitoring and reporting of environmental non-compliances’. Inter entity or inter-stakeholder departmental coordination is also a challenge on environmental aspects at the DoE level. SOCIAL MANAGEMENT e. Communication, stakeholder mapping and engagement: From 2014 onwards, a concerted effort was made to develop an effective communication strategy for shaping project governance and stakeholder management. The current protocol document lays out phase wise key milestones, objectives, activities, target audience, tools, and responsibilities summarized in the table below: Table 1 Protocols Planning Construction Operation Milestones • Identification • Construction Plan • Project Information • PFR Preparation • LADF details • Invitation of bids • Detailing • Report on maintenance through ICB route Environment Norms of Environment Norms • Evaluation of bids • Developing GRM • GRM • Allotment to • CAT plans • Preparation of Post successful bidder Commissioning LADF • Signing of PIA and CSR Works Detail • DPR Submission • TEC • Signing of Implementation Agreement • Zero date of obtaining all requisite NOCs/clearances • COD • Handing over of project • Preparation Environment and Social Impact Assessment Objectives Information dissemination Awareness, Inclusion, Participation, and awareness generation Consultation, and and monitoring participation 39 Activities Set up PIC, print material in Awareness about Project Make the stakeholders local language, regular Affected Zone / Project aware about the final interactions with PAPs, Affected Area (PAZ/PAA) project capacity, Gram Sabha meetings, about the major generation units’ size and disclosure and public construction activities, other technical information hearing, participatory proposed methodology, with financial involvement, plans, Summaries of final the LADF and other taking inputs and EIA & SIA, Disseminate Community welfare addressing grievances from details of all relevant works, taking inputs and PAZ/PAA, Monitoring and policies – Resettlement, addressing grievances of observation of the Benefit Sharing, LADF etc. PAZ/PAA, Monitoring environment norms, and observation of the Community monitoring and environment norms, evaluation Community monitoring and evaluation Target People in PAZ and PAA • People in Project • People in Project audience affected Zone and affected Zone and Project Affected Project Affected Area Area • District Administration • Visitors, and district and other stakeholders administration and other departments • District Administration & DoE Tools Hoardings, Brochures, Hoardings, Brochures, Hoardings, Brochures, Banners, Multi-media Banners, Multi-media Banners, Multi-media presentations, 3-d models, presentations, presentations, broadcasts, broadcasts, face to face broadcasts, face to face face to face interactions interactions interactions Responsibility Project Proponents, Project Proponents, District Administration and DoE, District Administration and HPPF & PCB Forest Department, District administration DoE & HPPF f. Grievance Redressal Mechanism: Currently there is a multiplicity of systems and mediums for launching complaints which includes independent physical, telephonic, and online systems. The table below provides a snapshot of the available GRM. Table 2 Internal to DoE External to DoE Telephonic Online Physical Online Physical Citizens can DoE has a website with a list DoE State Govt. level - Following are the Govt. Of HP telephonically of concerned officers. The conducts online portals a/w links to make the has a register grievances received by the regular complaints. weekly grievances Directorate of Energy review eSAMADHAN: public on:- 0177- through Director (Energy), meetings to https://esamadhan.nic.in/ hearing at 2673551; or CE (Energy) are discuss CM Helpline: the District 0177- transferred to the recurring https://cmsankalp.hp.gov.in/ level called 2673552 concerned cell heads for complaints, Him Pragati: Jan Manch Telefax: 0177- redressal. The link: unresolved https://himpragati.nic.in/index.html from which 2673553 https://doehimachal.nic.in/ issues and any 40 address concerned complaints complaints that need are escalation forwarded to DoE While there is information on what the systems are, there is no information on the accessibility, effectivity, and efficiency of the systems. DoE and the Utilities require a robust and accessible GRM, with effective Response and Redressal, regular analysis of data and implications to complete the feedback loop and make required systemic changes. i. DoE needs to host an integrated GRM for the Energy Sector. It can be linked to the existing online and offline options in the state, but it needs to be systematized in terms of complaint categorization (utility wise), responsibility flow, alert and escalation systems, response, closure and complainant satisfaction. ii. Each complaint must have an option to use a toll free, online, and written complaint to designated personnel. iii. All complaints (received through any means) to be digitally recorded so that monthly record can be generated for analysis in terms of types of complaint, location, complainant profile. See the GRM flow for further clarity iv. Further to address and develop and operate this system at DoE, it will have to be equipped equally with resources, infrastructures & techniques. Unique ID is Uses GRM Calls, goes Stakeholder generated- Complainant (Energy online, posts has a querry Complaint receives Sector, project or uses drop or complaint entered into Unique ID or state) box/counter the MIS Alerts to Either resolved Complaint Complainant Official as well Complaint or escalated forwarded to gets regular as Supervisors resolved as per GRM Concerned updates if Action not matrix Official taken Complaint closed after confirmation from complainant Figure 1: Suggested flow for GRM g. Gender and Social Inclusion DoE has a total of 70 employees, 18 of them are women (25.7%). In technical roles, women comprise 5.7% of the staff and in non-technical roles, women comprise 20% of the staff. Among the women staff, 17% are permanent staff and 83% are outsourced. There are separate sanitary facilities for Women in the DoE. Whenever needed vehicle services are provided to women staff for dropping at home and are escorted through responsible officers/ officials. Maternity leaves are provided as per the policy of the GoHP. There is an Internal Complaint Committee set up in 41 DoE with four members one external member, two female members and one male member. The committee’s key role is as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. The preliminary findings from the Gender study highlight the following issues: Strengths Weakness/Gaps Opportunities • All central and state • Absence of an internal • Reintroduce government policies policy to promote apprenticeship applicable to inclusion and gender programme and commit government employees12 mainstreaming to a minimum % of • ICC in place • Currently a system to women interns • Safe office drops services track inclusion and • Frame advertisements for women staff working benefits for women as with a gender responsive after office hours, well as gender indicators content and appeal- informal case to case is not in place provide information on office adjustments for • Job advertisements in the available safety security pregnant staff, office power sector are gender and family friendly breaks for nursing neutral (not well targeted provisions mothers towards young women to • Consider a sector/state • Informal mentoring on apply) or use terminology policy on minimum % commission exams to which is male centric (like quota for women aspiring staff workmen, foremen, applicants in recruitment • Health clinic for staff linemen, draughtsman) and selection, without (free service) leading to more male compromising on quality applicants and selection of candidate h. Land Management: o The land management component in the Power sector is governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR) and Himachal Pradesh Rules, 2015. In addition, sectoral policies such as HPPCL’s Resettlement and Rehabilitation Policy, 2006 and HPPTCL’s Resettlement, Relief, Rehabilitation and Compensation Policy, 2011 (RRRCP) have also been framed to protect the interests of the project affected persons during construction stage of energy sector projects. In order to provide regular stream of revenue for income generation on a sustained and continuous basis, the new Hydro Power Policy 2008 & Swaran Jayanti Energy Policy,2021and Himachal Pradesh Local Area Development Fund (LADF)13 enumerates adequate benefit sharing mechanisms for people adversely affected by hydropower projects. o DoE tracks provisions in the project design and cost including a special provision of Local Area Development Fund (LADF) to ensure benefit to local communities in the project area concurrent to project implementation. The funds for Local Area Development are based on pre-determined objective parameters. The goal is that people of the affected area are well 12 All laws and policies in force within the jurisdiction of the Himachal Pradesh or central government are applicable to the agencies. These include Vishakha Guidelines-POSH policy under Conduct, Discipline and Appeal Rules, Maternity Benefit Bill, Paternity Leave Policy, Employees Provident Fund, assured career progression scheme etc. 13 The Government of Himachal Pradesh notification dated 20.01.2022 in line with the provision contained in the Government of India's National Hydro Power Policy, 2008, notified an additional one percent free power from the hydel power projects to be provided and earmarked for a Local Area Development Fund (LADF) 42 informed towards these provisions and use of LADF creates goodwill for the project and wellbeing for the communities. o LADF aims to providing regular stream of revenue for income generation and welfare schemes, creation of additional infrastructure and common facilities etc. on a sustained and continued basis over the life of the project. This fund is to be made available in the form of an annuity over the entire life of the project. o Stages and key steps under LADF: In accordance with the provisions of Swaran Jaynati Energy Policy, 2021 of HP and National Hydro Power Policy, 2008 of GoI and their amendments from time to time, the hydro project developers in the State shall make two stage contribution towards LADF: Prior to Commissioning of the Project and After Commissioning of the Project towards LADF accounts being maintained by respective LADCs. o For effective implementation, there is categorization, institutional arrangements and parameters as given in the table below: Categorization PROJECT AFFECTED FAMILY (PAF): Means a family whose land or house or other property or 14 source of livelihood has been partly or fully affected by the development of a hydroelectric project and resident family whose name have entry in the Parivar Register of the Gram Panchayat(s) / local bodies of the Project Affected Area on the date of allotment of the project. PROJECT AFFECTED AREA (PAA): Means the area where actual project components including submergence area/muck dumping area, mine/quarry area, infrastructure including project roads, project’s dedicated township, offices, construction facilities, welfare facilities and any other facility directly related to project implementation are located. Townships and offices such as design office or head office not directly connected with the particular project site are excluded. Unit for declaring PAA would ordinarily be the Gram Panchayat (GP). However, in the case of projects up to 5 MW capacity, where component(s) pertains only to specific wards and do not impact the rest of the Gram Panchayat then those wards shall be separately enumerated and considered as PAA. In case of projects involving resettlement, the area for resettlement shall also be covered as PAA. PROJECT AFFECTED ZONE (PAZ): Means the area surrounding such PAA where impact of the project on the lives of people is considerable even if no direct project activity is taking place there. The categorization of PAZ on the basis of project size will be as under: a) For projects of capacity up to 5 MW: Only such contiguous wards/ panchayats to PAA as are considered to be impacted by the project. b) For projects of capacity from 5 MW to 100 MW: All the contiguous panchayats to PAA as are considered to be impacted by the project, in the same or adjoining district(s). c) For projects of capacity above 100 MW: Entire-block or all such contiguous panchayats to PAA as are considered to be impacted by the project in the same or adjoining district(s). Institutional There shall be a State Level Committee headed by Additional Chief Secretary/Principal Arrangements Secretary (MPP & Power) to monitor the operation of the LADF arrangements, adherence to guidelines and timelines for deposit in the fund at various stages. The State Level Committee 14Project Affected Families in all case shall be declared by the concerned DC. Project Affected Area and Project Affected Zone will be declared by Govt. of Himachal Pradesh on the recommendation of concerned DC for projects over 100 MW and by the concerned Deputy Commissioner for projects upto100 MW. In case of project falling in more than one District the PAA & PAZ will be declared by GoHP. No expenditure will be incurred till the PAA and PAZ are notified. 43 is empowered to clarify any un-addressed issues and remove any difficulties to facilitate smooth functioning in implementation of these guidelines. The Directorate of Energy will be the nodal agency at state level and will keep a record of the LADF activities and amounts to be deposited by each project developer. It will also manage the allocation of revenue generation from l % additional free power to the concerned LADC to be constituted as described hereafter. The amount to be deposited by each project developer will be kept in a single account in Directorate of Energy and the State Level Committee is empowered to utilize the interest generated from the amount deposited and the revenue generated by retaining two (2) paisa per unit as expenses of Directorate of Energy. Parameters15 Pre-Commissioning LADF: for allocation Allotment of funds for local area development works shall be made strictly in accordance with of funds the following norms: S. Category Norms for allocation of LADF during the construction No. of HEPs Project Project Affected Zone (PAZ) Affected Project Affected Project Affected Project Area Panchayat(s) Block(s) Affected (PAA) District(s) 1. Upto 5 70% 30% - - MW Capacity 2. >5-100 60% 20% 10% 10% MW Capacity 3. > 100 50% 20% 15% 15% MW Capacity Further allocation of funds amongst the panchayats in PAAs shall be determined on the basis of a formula that assigns weightage to the following parameters in respect of 50% of the funds proposed to be allocated for PAA as per the table above: a) Extent of private land used for project components including submergence of land - 45%. b) Extent of land affected above underground components- 15%. c) Extent of land used for infrastructure-roads, colony, warehouses etc.)- 20% d) Affected stretch of river/stream on both banks in respect of diversion structure and power house - 20% Note: These ratios will be finalized by the LADC Chairman in consultation with the project developer based on factual details and ground realities. In case the project involves families to be displaced and relocatedoutside the PAA, funds shall also be allocated to the host Gram Panchayats in the ratio of number of PAFs displaced to total PAFs. Till the host Gram Panchayat is identified this amount shall not be distributed. 15 Further allocation of funds amongst the Panchayats for Panchayat level schemes in Project Affected Areas shall be determined on the basis of a formula by assigning fixed weightage to the following parameters in respect 50% of the funds proposed to be allocated for PAA: a) Extent of private land used for project components including submergence of land - 45%, b) Extent of land used above underground components - 15%, c) Extent of land used for infrastructure (Roads, Colony, warehouses etc.) - 20%, d) Affected stretch of river /stream on both banks in respect of Diversion structure and Power House - 20% 44 The balance 50% of the funds to be allocated for PAA as per the table above, shall be on the basis of ratio of population of each concerned GP to the total population of the entire area in PAA as on 1st January of the year of allotment of the project. Funds amongst GPs in the PAZ shall be allocated as per ratio of population of each GP to the population of all GPs in the PAZ. Funds for schemes from the amount kept for block or district level shall not be allocated for Panchayat Level Schemes. In other words, schemes out of these funds must result in benefits to the block or district as the case may be. These funds may be allocated to a road, water supply, education or health institution serving more than one GP or block or entire district and not to a scheme restricted to a GP area. Post Commissioning LADF: The State Government through the Directorate of Energy will provide revenue received from the 1% additional free power component for each project to the LADF. The amount so received shall be allotted by the LADC in the form of a cash transfer to all the PAFs, every year, during the entire life span of the project as below: - 50% of the total amount of LADF will be divided amongst the Gram Panchayats in proportion to the land acquired in each Gram Panchayat for equal distribution among the PAFs. - Balance 50% of the total amount of LADF to be divided to all the families in PAA equally. FREE ELECTRICITY TO PROJECT AFFECTED FAMILIES o As per the National Hydro Power Policy- 2008, in respect of the projects commissioned after 31.03.2008, incentive in terms of 100 units of free electricity to all the eligible PAFs shall be provided for 10 years from the date of commissioning of respective Project. o The project developer shall deposit an amount equivalent of applicable subsidized tariff for 100 units of electricity for the PAFs. The subsidized tariff is determined by HPERC from time to time, with concerned LADCs and the balance amount equivalent to the quantum of subsidy with Directorate of Energy. This shall be done annually. i. Labor management: For labour related matters, Monitoring Unit of DoE is responsible to verify if the implementing agency has hired at least 70% Himachalis16 of all the total contracted or company staff be it executive, non-executive, skilled and unskilled. In addition, the monthly reports submitted to DoE from each of the projects includes the following key performance indicators on Occupational health and safety and associated training including incident reporting as mentioned in the figure below: 16Therevised Energy policy increases this to 80 percent (as per the Clause No. XXXVII oc Chapter IV of Swaran Jayanti Enegry Policy.) 45 Figure 2: Key Performance Indicators to track OHS 2.2.1.2 Program Activities and associated Impacts The DoE is the Nodal Department responsible for Policy and Institutional planning; Coordination with the World Bank and other power sector entities; Monitoring of milestones and results of each entity (in the project MIS); Collating and implementing Capacity development needs of the sector as a whole. PforR Activity Social Implications Environment Implications 1 Policy planning Social management to be An overall screening and scoping incorporated in the overall guideline need to be available with DoE policy and vision of the power for energy generation practices in the sector. Develop utility specific State that is evolving with concepts of guidelines for screening and bundling of energy and using scoping of social risks for renewables to address peaking power improved planning, demands. There is an opportunity of implementation and developing guidelines based on basin monitoring at sub-project level level studies. 2 Strengthening Develop a Social Management Though at present Environmental governance Portfolio for DoE with Portfolio is efficient but it is co- capacities competent staff and designated and overburdened. Hiring consultants and systems and recruiting dedicated subject matter development for efficient specialists/Environmental Engineers & monitoring and evidence- well-defined work guidelines supported based reporting of social risk with consultant will further strengthen management. A the Environment Management Capacity comprehensive Capacity of DoE. Existing Institutional support building Plan with focus on needs to be augmented with resources specific social development for critical additional personnel and themes and topics, processes resources to cater Environmental issues. and procedures for Capacity enhancement of existing staff operationalization of with specific trainings and drills focused assessing, designing and on incorporating environmental implementation of social risks screening, impacts and mitigation and monitoring is critical for measures. allocating resources and A dashboard system integrating all augmenting the capacity power utilities which will be tracked for 46 PforR Activity Social Implications Environment Implications E and S monitoring needs to be Strengthen the MIS system for established which should also include an integrated state level stakeholder departments like HPPCB, HP reporting system by all utilities Forests, PWD, urban and Tourism. on social risk management and mitigation. Strengthen capacity of staff following the need assessment with special focus on women to develop and implement a structured training plan. 47 2.2.1.3 Assessment Against Core Principles Core Principle #1: Program E&S management systems are designed to (a) promote E&S sustainability in the Program design; (b) avoid, minimize, or mitigate adverse impacts; and (c) promote informed decision-making relating to a Program’s E&S effects. Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT • The legal framework at national and state level is • Himachal Pradesh’s Swaran Jayanti Energy Policy • Swaran Jayanti Energy Policy 2021 to cover Social Risk management robust and the utilities take cognizance of it in its 2021 has limited approach to Social Risk more comprehensively and effectively. systems and practices. management. • As a nodal agency, DoE to map the existing E&S systems and • DoE has the legal authority and backing for • The current practices of E&S are utility and project procedures across utilities for an integrated framework, develop or aggregating, developing, mainstreaming, and centric where the donor requirements take augment capacities and set up reporting/monitoring mechanisms to monitoring E&S policies, systems, and reporting precedence rather than a unified/integrated policy track implementation and results mechanisms. and systems for the sector. • A sector-wide cumulative impact assessment to identify the strengths • There are multiple systems for GRM within the • At present DoE does not have any systems to and gaps as well as inform the overall development of systems for E&S state and the sector to ensure citizens, staff and monitor if screening and scoping are done by Power risk management. other stakeholders can launch complaints and Utilities/Departments at project levels. • Existing Institutional support needs to be augmented with resources feedback and seek redressal • The officials have additional charge of social for personnel, funds, expertise, and overall support to meet the management, and the capacity development requirements of E&S issues portfolio is not systematized for developing • Develop guidelines, procedures, and indicators to track performance adequate skills in performing the responsibilities. on overall social risk management, land management, benefit sharing, • Available documentation makes it difficult to track stakeholder engagement, labour law compliance, social inclusion, accessibility, efficiency and effectiveness of the gender mainstreaming and capacity development GRM • An integrated GRM which uses multiple mediums (phone, postal, email, mobile app, face to face) to launch complaints, track them, have a responsibility matrix, escalation mechanism, redressal timelines and closure protocols. Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • DoE have adequate legal framework and also • DoE does not have an umbrella E&S framework for • ESPP is recommended to Integrate all-encompassing uniform system regulatory authority to discharge its duty as nodal different levels of DoE but has regulatory authority on screening, managing and monitoring for an effortless planning agency for the P4R. to discharge its duty as nodal department for the and execution of projects. • DoE provides policy support for developing and P4R. • ESPP should be incorporating tracking tools from project preparation executing the projects and Individual Power • There is a need to develop an all inclusive to implementation to post commissioning monitoring of each power Utilities/Departments have their own systems of environmental monitoring and management utility and their projects segregating in to (a) transmission & screening and scoping, but the adoption of a 48 uniform environmental management system for system, by aligning it with global best industries Distribution, (b) Generation, (c) Trading and new initiatives on hydro all kinds of projects, is the need of the hour. practices. like bundling and (d) other renewable projects by HIMURJA or others. • DoE is actively involved with HPPCL, IPPs and • At present DoE does not have any mechanisms to • An overall screening and scoping guideline needs to be available with other relevant state departments in assessing check if screening and scoping are done by Power DoE for energy generation practices in the State that is evolving with impacts on a river basin level. MoEF &CC, GoI has Utilities/ Departments at project levels. concepts of bundling of energy and using renewables to address conducted CEIAs in three out of 5 river basins. • The CIA Reports though address almost all peaking power demands One is under finalization and one is yet to be parameters, but need further strengthening on the • Further to address environmental and social sustainability, a taken up. Moreover, comprehensive Catchment issues related to changes in hydrological regime, comprehensive gap analysis of existing cumulative environmental Area Treatment Plans are in place which are downstream flows, territorial and aquatic and social assessments is underway to develop a road map for monitored by State Forest department. biodiversity, including primary survey for migratory comprehensive strategic document for basin wide environmental and • Project developers do develop their own project fishes, soil erosion and sediment movement, social sustainability in future including reformist actions on policies area specific E&S policy and they ensure that catchment area treatment, vulnerability risk and institutions, if needed. Environmental Management Procedure and assessments from landslides and earthquakes, • Elements of Environmental and Social impacts envisaged by way of processes are designed to avoid, minimize and dam safety considerations, climate change climate change, safety and disaster management needs to be mitigate adverse effects on natural habitats and impacts, impacts on downstream and upstream included in the protocols of all energy utilities and to be monitored physical & cultural resources resulting from communities, models of benefit sharing, etc. and tracked. construction of project. • The state has taken all positive strides and • Existing Institutional support needs to be augmented with resources • DoE ensures that key environmental parameters developed CIA reports for 5 river basins, however, for critical additional personnel and resources to cater E&S issues in (concerns and conditions like debris disposal, air, these may require a relook not only on cumulative particular water, soil qualities, etc) are monitored by project environmental and social impacts but also on • For Capacity Development of E&S risk management following actions developers during project implementation. biodiversity, aquatic, downstream usage of water will be taken up as part of the program (a) Hiring of key • The officials are co-designated for discharging and benefit sharing mechanisms than those Environmental expert with independent charge in DoE as staff, with environmental responsibilities and there are already in practice. The state thus has to revisit needbased support of fisheries, bio-diversity and dam safety expert training provisions under various state and existing CEIAs, CAT Plans, vulnerability analysis of (b) training need assessment, prepare training calendar including national level programs. terrain from disaster management and other target group and its implementation. Existing Institutional support • Consultations are conducted with stakeholders notifications and procedures on e-flows, crop needs to be augmented with resources for functionaries/personnel, throughout project implementation as necessary damage and local area development fund so that funds, capacity building, and overall support to address E&S issues to address issues related to Environmental hydro power development and operation and • Adopt web-based Monitoring and Evaluation (M&E) systems to assessment maintenance be environmentally and socially monitor E&S risk management for evidence-based reporting sustainable. including basin wide CAT Plan management systems and downstream • The existing resources are overburdened with flows. additional charges and also planned resources are • As a nodal agency, DoE to map the existing E&S systems and not allocated for training and strengthening the procedures across utilities to develop an integrated framework, system augment capacities and set up reporting/monitoring mechanisms to track preparation, implementation, and results through web-based systems. IT enabled dashboard for an integrated state level evidence based E&S monitoring and reporting at DOE is recommended. 49 Core Principle #2: Program E&S management systems are designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • Project developers for respective Project • Project developers for respective Projects describe • There is an opportunity of developing integrated guidelines in form of Includes appropriate measures for early Potential direct or indirect impacts and risks to ESPP to promote E&S sustainability to adopt uniform system across all identification and screening of potentially Physical, Biological, and Socioeconomic planned activities to ;(a) design and screen the activities to avoid, important biodiversity and cultural resource Environment conduct an Initial Environmental minimize, or mitigate adverse impacts on natural habitats and physical areas Examination/Environmental Assessment cultural resources;(b) avoid, minimize, or mitigate adverse impacts; (c) • Project developers do develop their own project • DoE is dependent on project developers for taking promote informed decision-making relating to Program’s E&S effects; area specific Environmental & Social Policy and appropriate measures for early identification and and (d) implementing evidence-based evaluation and monitoring they ensure that Environmental Management screening of potentially important biodiversity and arrangements. Procedure and processes are designed to avoid, cultural resource areas • A comprehensive gap analysis of existing cumulative environmental minimize and mitigate adverse effects on natural • The program is unlikely to have adverse impact on and social assessments is required to develop a road map for habitats and physical & cultural resources critical natural habitat and physical cultural heritage comprehensive strategic document for basin wide environmental and resulting from construction of project. social sustainability in future including reformist actions on policies • Proper care is taken by project developers to and institutions, if needed. Adopt recommendations of the avoid implementation of project activities in Comprehensive Cumulative Environmental and Social Study for areas of Critical habitats. benchmarking basin wide E&S protocols and benchmarking projects • Takes into account potential adverse impacts on from environmental, social and technical sustainable parameters. physical cultural property and, as warranted, provides adequate measures to avoid, minimize, or mitigate such effects Core Principle #3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT • Adequate legal provisions in the national and • Tracking and reporting on sites, labour conditions, • Under the P4R, DoE can pilot and roll out labour law compliance tools state laws which are a part of the bid documents any cases of labour law violation, gender-based which provide systematic, simple, and real time tracking by the for all projects violence contractors and Utilities • Key performance indicators on labour • Absence of systems for risk assessment of labour • The P4R also provides an opportunity to streamline Labour management are developed influx and impact on host communities Management Procedures, Labour Management Plans and Labour Influx Management to ensure safety of individual, direct, indirect, 50 contracted, sub-contracted and community labour as well as management of risks in case of labour influx and impact on host communities. Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • Project developers follow their own project • Project developers follow their own Environmental • There is an opportunity to promote E&S sustainability for all power specific Environmental & Social safeguard policy & Social safeguard policy to ensure adequate entities to adopt uniform system across all planned activities that to ensure adequate measures to protect Public measures to protect Public and worker's safety DoE can monitor to (a) promote informed decision-making relating to and worker's safety against the potential risks. against the potential risks. Program’s E&S effects and make community and assets safe from • Project design includes measures to avoid, • The system lacks in integrated approach, but natural hazards or other severe weather or climate events; and (b) minimize, or mitigate community, individual, and Individual Project design includes measures to implementing evidence based evaluation and monitoring worker risks when program activities are located avoid, minimize, or mitigate community, individual, arrangements. This can be done by adopting ESPP at uniform level within areas prone to natural hazards or other and worker risks when program activities are for all utilities and activities that will have all recommended severe weather or climate events. located within areas prone to natural hazards or environmental, social and technical sustainable parameters of • The provisions of safe and healthy working other severe weather or climate events. conditions and prevention of accidents, injuries, planned basin wide Comprehensive Cumulative Environmental and and disease, Establish preventive and emergency Social Study. preparedness and response measures to avoid, • Mainstreaming environmental and social sustainability frameworks and where avoidance is not possible, to minimize for existing, ongoing and pipeline projects in State’s Energy Sector. adverse impacts and risks to the health and safety of local communities is taken up by Project Authorities • DoE promotes and guide/direct project developer to ensures the use of good international practices during storage, transport and disposal of hazardous material. It also ask project developer to ensures that Contractor permissible limits as specified in the EHS guidelines imparts the required trainings to the workers involved in procurement, storage, transport, use and disposal of hazardous chemical in accordance with international guidelines and conservations. • Project Developers keep provisions for Contractor to impart necessary training/ awareness regarding safety aspects to its personnel working at the line as well as to provide personal protective equipment like safety gloves helmet, 51 mufflers, etc. during the construction period and maintenance work • Project developers ensure that first-aid facilities are mandatorily be made available with the labour gangs and ambulance/ doctors on call from nearby towns when necessary. Core Principle #4: Program E&S systems manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT Policies are robust (Right to Fair Compensation and • There is no information at state level on the land • The power sector to take cognizance of the RFCTLARR 2013 such that Transparency in Land Acquisition, Rehabilitation and required both private and community or limiting the existing frameworks, systems and practices across the sector are Resettlement Act, 2013 and Himachal Pradesh Rules, access to resources that may adversely impact aligned to the provisions of RFCTLARR 2013 2015. In addition, sectoral policies such as HPPCL’s people by multiple utilities. • There are good practices within DoE, HPPTCL, HPPCL, HPSEBL using Resettlement and Rehabilitation Policy, 2006 and • Similarly, information gap exists on flow of funds the existing legal frameworks as well as their internal systems. These HPPTCL’s Resettlement, Relief, Rehabilitation and under the LADF to affected families or its can be aggregated and used to develop comprehensive guidelines. Compensation Policy, 2011) to protect the interests of utilization at community level. • Integrated reporting systems against clear indicators to be developed the project affected persons during construction stage for the power sector so the performance on land management and of energy sector projects. The Tariff Policy, 2006 and benefit sharing can be tracked across utilities Himachal Pradesh Land Area Development Fund enumerates adequate benefit sharing mechanisms for people adversely affected by hydropower projects. Core Principle #5: Program E&S systems give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities (hereafter referred to, interchangeably, as Tribals, Tribal Groups or Tribal Populations), and to the needs or concerns of vulnerable groups) Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT Information on implementation of targeted schemes Track implementation of schemes related to Scheduled Tribes on the for Scheduled Tribes on the utility’s projects is not utility’s projects available. Core Principle #6: Program E&S systems avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes (Not Applicable) 52 2.2.2 HPPTCL HPPTCL, the State transmission Utility and deemed transmission licensee17 is responsible for planning and execution of all new 66 kV and above systems in the State. The open access in transmission as per the provisions of Electricity Act makes HPPTCL under obligation to provide on-demand open access to the transmission systems to facilitate such multi-lateral energy transactions on payment of transmission charges as determined by HPERC. 2.2.2.1 Institutional structure, procedures, practices, and performance a. HPPTCL has a staff of 452 employees (including 148 outsourced) working in the head office (Shimla) and in the field offices at eight district locations. Since its inception, HPPTCL has set up 14 sub-stations (2694 MVA) and 341ckt kms Transmission line. Figure 3: HPPTCL organogram b. There is an Environment and Social Cell (ESC) at the Corporate Level to manage safeguard compliance. It has a team of 5 members. The General Manager (Projects) is the Head of ESC (encircled in the main organogram). In addition to that a Sr. Manager (co-designated for Environment & Social Safeguards), Dy. Manager (co-designated for Environment & Social Safeguards) and hired consultants (Environment and Social Safeguard) are the members of the ESC. ESC is supported by Sr Managers at field level in PIU. HPPTCL has hired Environment Consultant responsible to support Environmental Safeguard measures for the projects. In the interim the Environment Consultant is also responsible to support Social Safeguard measures. ESC has a clear depiction of Role and Responsibility, with emphasis on adherence to the ESSP policy for all staff. It is committed to maintaining high standards of human resource development of staff, contractors and workers involved in the project. HPPTCL is committed to involve 17HPSEBLhad been responsible for creating and maintaining the Transmission System till 2008 before the unbundling of HPSEB under the reforms process. 53 licensed/registered agency in disposal of used gas, oil and other input materials in an environmentally compatible manner. Member (Sr. Manager) Member (Dy. Manager) Head ESC (GM, Projects) Environmental Safeguard Consultant Social Safeguard Consultant Figure 4: Environment and Social management Cell of HPPTCL c. Roles and responsibilities of the ESC Environment & Social Management Plans (ESMPs) Assessment Integrate of Impacts & ESIA/IEE Analysis of findings into Alternatives designs Overall responsibilities of ESC Forestry Clearances & Land Tree Cutting Acquisition permissions Rehabilitation Plan Figure 5: Role of ESC during planning phase The tasks ESC must undertake during planning phase are provided in the figure. While during the project implementation stage, ESC is responsible to: - Ensures compliance with the measures and requirements relevant to the Contractor as outlined in the ESIA/IEE, the ESMP, the RP, and any corrective or preventative actions set out in a Safeguards Monitoring Report. - Payment of adequate compensation and loss of assets to the PAPs as per approved policy. 54 - Compensation for the loss of crops & trees/structures is paid as assessed by the State Agriculture, Horticulture, Forest, or Revenue Department, whichever applicable. - Grievances/complaints are received from the public. - The grievance redressal mechanism is displayed on the office notice board. - A complete record of the representations received must be maintained, including photographs. - Organise regular Consultation with stakeholders. - Prevent project induced Gender-based violence. - Reporting and Documentation: A complete record of the Environment and Social Management measures is maintained and reported to the funded agency as per the scheduled reporting period. d. HPPTCL approved its safeguards policies in the month of May 2011 which are (i) Environmental and Social Safeguards Policy (ESSP) and (ii) Resettlement, Relief, Rehabilitation and Compensation Policy (RRRCP). The chapter IV of Resettlement, Relief, Rehabilitation and Compensation Policy (RRRCP), May 2011 has been amended in 2019 and 2020. The Goal of HPPTCL’s Environmental and Social Safeguards Policy (ESSP) is to ensure that development of power transmission system network in environmentally and socially sustainable manner and to bring clarity and transparency about it with public disclosure. HPPTCL has developed it to guide the operationalisation of the basic principles of Avoidance, Minimization and Mitigation in project activities. The ESSP outlines HPPTCL’s approach and commitment to deal with environmental and social issues relating to its transmission projects. The main aim of ESSP is to move away from the classical cost-benefit approach to the larger realm of Corporate Social Responsibility, while mainstreaming the environmental and social concerns in its operations. e. The Corporation’s aims and objectives are to undertake transmission of electricity through Inter - State and Intra-State Transmission System and to discharge all functions of planning and coordination relating to Inter-State and Intra-State Transmission System. Main Acts that have a bearing on the working of HPPTCL are - Indian Forest Act, 1927; Forest Conservation Act, 1980; Wildlife (Protection) Act, 1972; Environment Protection Act, 1986; Electricity Act, 2003; Batteries (Management and Handling) Rules, 2001; National Environment policy, 2006; HP Hydropower Policy, 2007; National Conservation Strategy and Policy Statement on Environment and Development, 1992; Policy Statement for Abatement of Pollution, 1992; Wildlife Conservation Strategy, 2002; National Forest Policy, 1988. HPPTCL have adequate institutional capacity to address prevailing regulatory framework of the country and also addresses stipulated E&S guidelines of multilateral funding agencies. f. The ESSP has the special provision to deal with social safeguards through its special policy, RRRCP. The RRRCP lays down the guiding policy of HPPTCL for preparation of project specific R&R Plans and its implementation for the transmission projects under HPPTCL. ENVIRONMENTAL MANAGEMENT g. Environmental Policy: Depending on the requirement of the funding agency, HPPTCL carries out and Initial Environment Examination or Environment Impact Assessment to identify and predict the impact of the project on physical (Soil, Water, Air), Biological (Flora, Fauna and Ecosystem) and Socio-economic (Land uses, Landscape, Cultural Heritage including impacts on livelihood through environmental media, health and safety, vulnerable groups and gender issues). This activity is carried out by Environment and Social Monitoring Cell of HPPTCL. HPPTCL’s work can 55 broadly be divided into two categories viz. Laying of Transmission Line and constructing Power Substations. Right of Way (RoW) width for laying of transmission line depends on the line voltage. A vertical clearance of 3 meters is presently allowed below each conductor for the movement of tension stringing equipment. Felling, pollarding and pruning of tree for electric clearance and/or movement of machinery, whenever necessary, is done with permission from the local forest officer with due mitigation and abatement measures as may be prescribed. When trees on such strips are felled, natural regeneration and afforestation with dwarf species can be allowed to come up. Efforts are made to locate the sub-stations (5-10 ha) on wasteland or land of least ecological and economic value and least social significance as it needs to be cleared of its vegetation to enable construction activity. HPPTCL is committed to the goal of sustainable development of power transmission network in harmony with nature and natural resources. h. Environmental Procedures and practices o HPPTCL adopts a proactive/ route alignment/ site selection approach. They are done on walk over surveys, usage of tools such as forest atlas, revenue papers, Survey of India maps of the area. HPPTCL makes all possible efforts to avoid eco-sensitive areas, forest areas, or to keep it to the barest minimum. The site for substations is selected so that it is geologically stable and safe, so that cutting and levelling for construction of substation does not lead to landslides. Cutting for levelling is done with a view to avoid soil erosion and the muck obtained in digging is used in filling to achieve levelling. HPPTCL carries out detailed analysis of alternatives for all projects, in order to find the alternative with minimum environmental implications. The proforma for environment screening of the project is available with HPPTCL, and it covers details of line route going through snow area, cultivated area, forest area etc. The format needs further strengthening to cover all aspects of critical environmental parameters to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the program. o To avoid and minimize the potential impacts on avifauna viz; Risks of Collison, Risks of Electrocution, Disturbance and Habitat Destruction of avian species, detailed biodiversity impact assessment (a combination of scientific ornithological survey and desktop assessment) are carried out. Suitable mitigation measures viz; installation of Bird flight diverters, wherever required, are brought into practise. Biodiversity Assessment is carried out only when mandated by any regulatory or funding obligations and is not a norm for all projects. It defines the baseline environment and potential ornithological impacts associated with the specified project in order to develop mitigation measures. It should be further strengthened and included in the ESMF and also should be made a part of a detailed framework for all transmission projects in HP. Biodiversity studies are project specific as and when required under regulatory compliance under Forest Conservation Act but risk mitigation regarding avifauna need to be adopted for all transmission line projects. An Environmental and Social Policies and Procedures (“ESPP”) addressing HPPTCL’s commitments regarding the environmental and social dimensions of sustainable development and thereby providing Project Developers notice of the general environmental and social requirements that are applied in evaluating prospective projects and monitoring ongoing supported projects is required. o As a part of routine maintenance, transformer oil is changed every 10-15 years. The used transformer oil is categorized as hazardous wastes as per the Hazardous Waste (Management & Handling) Rules, 2003 and its unscientific disposal in environment may lead to soil and water contamination. The Gas Insulated Switchgear uses SF6 (Sulfur Hexaflouride) as the insulator and is required to be stored and handled at site for various operations and maintenance requirements. SF6 is a GHG recognized under Kyoto Protocol 1997. Mishandling and leakage etc can lead to its escape in the atmosphere causing health and safety hazard besides 56 contributing to global warming. HPPTCL follows the Rules and international standards for its storage, handling and disposal. Public review and consultations with stakeholders are done and the concerns are incorporated in the designs or are mitigated by keeping the provisions in Environmental Monitoring Plans including budgetary provisions. • A well-defined responsibility statement is prepared at the organization level to depict apportioning of various tasks between the HPPTCL and its contractors. The same is reviewed periodically on commencement of each project or each contract package to check relevance and suitability with the concerned project, individual work or package. Incidents, accidents or violations of any kind are recorded and reported to Senior Manager, PIU, who further notifies it to relevant enforcing authority. These incidents are documented in the Semi-annual Environmental Monitoring Reports. Reporting formats are also reviewed to include these safeguarding aspects. There is a need to enhance existing environmental Monitoring and Evaluation (M&E) systems to monitor environmental Management System like forest catchments, bio-diversity and climate risk concerns in a web-based Management Information System (MIS) tool or application. o SOCIAL MANAGEMENT h. Land Management - As per its Environment and Social Safeguards Policy (ESSP), May 2011, HPPTCL adopts a proactive route alignment approach18. The project screening format is available as Annex 3. - The census and socio-economic surveys19 are carried out to establish a detailed inventory of the affected households, (specific concern to vulnerable sections of the society (SC, ST, Women Headed Household, Disabled, Elderly Persons, etc) identify the landowners, and physical assets to be affected by the project and develop a socioeconomic profile of the affected households (affected households) and physically displaced persons. Identified impacts include loss of agricultural land, loss of crops, and loss of livelihoods. The surveys also serve as a benchmark for monitoring and evaluation. - Consultations with potential project affected persons and local people are required to be conducted at each project site to inform people about the objective of proposed works also to know their issues, concerns and perceptions regarding the investments. - The Resettlement Action Plan includes a monitoring system to ensure that those claimants who are eligible for compensation for land as verified by the DC Office, are compensated during the RAP implementation period. - An amendment in the Chapter-IV of HPPTCL’s Resettlement, Relief, Rehabilitation and Compensation Policy-2011 have been made in the year of 2019 & 2020 are as hereunder: • For Substation, the compensation on account of purchase of land for sub-stations shall be as per existing policy i.e., Schedule-1 and Schedule-2 of LARR, 2013 as adopted by Govt. of HP or negotiation in exceptional cases. The negotiation committee has 18 During route alignment, all possible efforts must be made to avoid forest areas or to keep it to the barest minimum. Whenever, it becomes unavoidable, due to the geography of the terrain or heavy cost involved in avoiding it, different alternative options must be considered to minimize the requirement of forest area. The selected routes are easily accessible in dry, rainy, and winter (snow) seasons for maintenance purposes. The sites must be selected where the snow is minimum and far from Avalanche zone. At the planning stage itself, one of the factors that governs the establishment of the transmission line is the infringement of populated/forest/cultivated area and scarce land. Wherever such infringements are substantial, different alternative options have to be considered. 19 The socio-economic questionnaire also covers the data generation on demography, education, occupation, sources of income, land holding, ownership of dwelling and other properties, consumer durables and consumer assets owned by the households, livestock holding, availability of basic facilities (drinking water, toilet, bathroom, electricity, etc) and their views on the project and option for resettlement and rehabilitation. 57 been constituted by the Addl. Chief Secretary (Power) to the GoHP and is headed by the Sub-Divisional Magistrate of concerned area. Negotiation committee invites affected parties on a particular date for negotiation by sending a formal invite in writing. The date is decided earlier by having verbal communication directly in person or telephonically with affected parties. • Footing of Tower: The compensation for land shall be 200% of the land value of the latest circle rate without doing any negotiations. The compensation for the loss of crops trees/structures shall be as assessed by the State Agriculture, Horticulture, Forest or Revenue Department as applicable. The land for tower footing shall be secured by doing agreement for long term easement of rights of the land for construction/erection of tower and unhindered access to the land for all time with landowners. • RoW: The compensation on account of loss of crops & trees/structures coming under the route of Transmission Line shall be as assessed by the State Agriculture, Horticulture, Forest or Revenue Department as applicable. - Social Safeguard staff, prepares semi-annual progress reports on resettlement activities and submits it to head of ESC (i.e., GM Projects), HPPTCL and after review of the same are submitted to the funding agencies. Reports are submitted as per requirement of funding agency (Monthly, quarterly, semi-annual and Final Report etc). - The HPPTCL monitors the progress of implementation of the resettlement action plan. The scope of monitoring activities is proportionate to the projects' risks and impacts. As well as recording the progress in compensation payment and other resettlement activities. Client prepares monitoring reports to ensure that the implementation of the resettlement plan covers the following actions: Table 3 No of APs received compensation No of consultation carried out No of complains received about the land ownership issues? No of complains solved? No of landowners who have received compensation? How much compensation is disbursed? Number of sharecroppers and vulnerable HHs receives compensation and livelihood restoration training? Number of sharecroppers and vulnerable HHs receives livelihood restoration grant after completion of training? The system of reporting and monitoring on policy implementation and targets is carried out as per compliance requirements of funding agency which is based on predesigned Monitoring Indicators Table 4 Process Indicators Project input, public • Setting up Social and Environmental Implementation Unit - Deployment of participation and staffs monitoring • Training of concerned staff of the HPPTCL • Identification of eligible affected HHs/persons • Procedure of determining loss and entitlements • Development of livelihood and income restoration program • Preparation of disclosure instruments • Disclosure and consultation events Formation of GRC Grievance redresses procedures in-place and functioning • Level of public awareness on RAP policy and provisions Cost of compensation collection by affected households - Monitoring reports submitted 58 Output Indicators Delivery of • Number of households compensated and assisted entitlements, • Amount of compensation disbursed Relocation and • Number of other benefits disbursed Rehabilitation • Number of eligible persons identified and provided additional assistance • Number of vulnerable households brought under additional assistance. i. Labour Management All the relevant Central and State labour rules20 and acts are recognised by the HPPTCL’s Safeguard policy. HPPTCL will be required to adopt the four labour codes (Code on Wages, 2019, Code on Social Security, 2020, Occupational Safety, Health and Working Conditions Code, 2020, Industrial Relations Code, 2020), once notified by the State Govt. for future assignments. Some of the responsibilities of ESC are to approve the layout of Camp and Plant Sites (including facilities for workers, stockyard, stores, etc) and monitor that Location of Camp and Plant Sites by the Contractor are as per required provisions. See Annex 4 for further details. In addition, ESC is responsible to ensure: - The Contractor procures labour licenses and workmen compensation policies for workers. - Regulatory permissions for Plants are taken. In case material procurement, it is outsourced and a copy of permission (Consent to establish and operate from PCB) of the primary producer should be provided. - Regulatory permissions for Material Sources require to be complied with. Any mining activity by the Contractor requires mining permission from the state govt. - Occupational health and safety of the workers are to be followed and site-specific management plans pertaining to any Environmental risks, Health & Safety of labor, Handling, storage, and disposal of solid/hazardous wastes, Emergency response and contingency, Labour training & awareness, etc required to be implemented at project sites. - Safety during Construction (maintaining PPE discipline and implementation of emergency management plan) are to be followed. - Monitoring of Environmental attributes (Air, Noise, Water, and soil quality) as per the scheduled frequency and period are to be followed. - Maintain safe disposal and management of debris (identification of appropriate sites). For excess debris, there should be a rehabilitation plan to include drainage, erosion control, and protection measures of the site. - At the project sites, Contractor to maintain the wage register, overtime record, medical fitness record, have provisions of accommodation with minimum space with ventilation and washing facilities, sewage and garbage disposal, potable water, cooking and storage facilities etc. j. Citizen Engagement: - Citizen engagements are through formal and informal consultations with different project stakeholders, which includes directly or indirectly affected parties21, disadvantaged and 20 Building and Other construction Workers’ (Regulation of employment and conditions of service) Act, 1996, The Child Labour (Prohibition and Regulation) Act, 1986, Payment of Wages Act, 1936, Payment of Gratuity Act, 1972, Employees Provident Fund and Miscellaneous Provision Act, 1952, Maternity Benefit Act, 1951, Equal remuneration Act, 1979, Payment of Bonus Act, 1965, Minimum Wages Act, 1948, Workmen's Compensation Act, 1923 (Amended 2009), The Contract Labour (Regulation & Abolition) Act, 1970 and Rules, Bonded Labour System (Abolition) Act, 1976, Inter-state Migrant Workmen’s (Regulation of Employment and Conditions of Service) Act, 1979 The Employees Provident fund Act and Miscellaneous Provisions act, 1952, and ESI Act, 1948 (Employees State Insurance Act, 1948) etc. 21 Affected parties includes affected households, villagers, trustees of CPRs (religious shrines), Educational institutes along the project route/sites etc. 59 vulnerable people22 and other interested parties23. The consultations are carried throughout the project cycle. - Project related information are disclosed to stakeholders and Mechanism for Information sharing is as follows - HPPTCL has constituted the Grievance Redress Committee (GRC). Presently, the GRM consists of a Grievance Redressal Committee (GRC) headed by a Project head and consists of the head of Finance Wing at the project level, a representative of local Panchayat and affected persons, a representative of ST APs in case of tribal area, a representative of the contractor, and project environment and resettlement and rehabilitation (R&R) staff. - Minor grievances are raised and addressed at the Project Implementation Unit (PIU) level at field. Grievances not redressed by the PIU staff (field level) are brought to the GRC at the Project Management Unit (PMU) level. The GRC meet every month (if grievances are brought to the Committee), to assess the grievance, and resolve grievances within one month. APs retain the right to utilize the court system at any point. •Present project information Project website and •Disclose IEE, ESIA, ESMP, RAP etc disclosure •Shut down related information. •Share information on timing of commencement of civil works. Direct Communication with •Agree options for removing crops and relocation of people fences/structures e.g. sheds •Land acquisition processes. Information through news •Section 164 of the Indian Electricity act, 2003 paper •Shut down processes Figure 6: Citizen Engagement Overview k. Grievance Redressal Mechanisms: - All the grievance are recorded at project site and reported in semi-annual reports. - HPPTCL Vigil Mechanism Policy 2016 has been effective, though no cases of corruption or other charges have ever been reported/recorded. - GRM flow and responsibility matrix of HPPTCL is as follows: 22 Disadvantaged and vulnerable includes vulnerable group of Project affected parties, Below Poverty line (BPL) category as identified by the HP state govt., Scheduled Caste (SC), Scheduled Tribe (ST), Physically challenged, women headed household and old person above 65 years of age. 23 Other interested parties include village Panchayat members, community leaders, NGOs (operational in project areas), police department, motor vehicle department, HP Pollution control board, State commission for women, HP State Electricity Board, HP Forest department, HP revenue Department, labour department, Archaeological survey of India and funding agency etc. 60 Figure 7: GRM flow l. Social Inclusion and Gender mainstreaming: • Within the institution: HPPTCL has 278 Employees and out of the total 17 (6%) are females. 2.1% of the staff in technical roles are women and 3.9% of the staff in non-technical roles are women. Among the women employees, 100% are permanent staff. The Committee to prevent sexual harassment of women at workplaces has been constituted in HPPTCL24. The Committee keeps regular monitoring/interaction with the women employees working at different locations of HPPTCL. No grievances/complaints have been received so far. • Initial findings from the Gender Study indicate the following strengths and gaps in HPPTCL: Table 5 Strengths Weaknesses/Gap Opportunities • All central and state Absence of any formal Develop and roll out an government policies induction and exposure orientation and training applicable to government impacting performance of program on power sector employees women staff especially entry ecosystem, its working, intra • ICC in place level ones and those on and inter department • Safe office drops services secondment positions coordination especially for for women staff working technical roles. This can be after office hours, informal tracked through indicators like: case to case office No. of orientation curriculums adjustments for pregnant developed; No. of trainings staff, office breaks for organized; %of women staff nursing mothers attended orientation and training programs m. Overall Social Management Reporting: 24 office order No. HPPTCL/P&A/E-30/2011- 2806-14 dated 06.08.2011 61 o As per the HPPTCL Policy: HPPTCL is tracking implementation of social safeguards throughout the project cycle of pre-construction, construction, and operations phase. Currently, HPPTCL is tracking 28 projects under this policy and required formats. The categories of reporting Figure 8: Categories in which HPPTCL tracks social safeguards Frequency Project Potential Mitigation Monitoring Institutional and Activity Impact Action Parametres Responsibility Schedule o ADB25: HPPTCL has 30 projects funded by ADB for the duration of more than 10 years. These are tracked through a semi-annual social monitoring report. Social Monitoring Report (SMR) enables periodical analysis over the total implementation period of the Project to comply with the approved safeguard documents. This report covers resettlement & social safeguard monitoring results to comply with the spirit of ADB policy to 'enhance stakeholders' trust 'in & ability to engage with ADB & thereby increase the development impact (of projects) in which disclosure of safeguard monitoring is a prominent aspect. HPPTCL is the Executing Agency (EA) of the state government and is responsible for overall execution of the projects under HPCEIP, supervising the implementation of the resettlement plans and ensuring compliance with the loan covenants. The Project Management Unit (PMU) is headed by the Managing Director (MD) and supported by two Directors (one Director (Planning and Contracts) and Director (Projects). Besides, that HPPTCL has eight PIUs (Gumma, Bhabanagar, Rohroo, Sarabai-I, Sarabai-II, Chambi, Chamba, Lahal) which are headed by the Senior Managers. The Environment and Social Cell (ESC) at the corporate level monitors the policy and implementation of all projects executed by the HPPTCL. The ESC at present comprises of one officer of the Deputy Manager who is supported by Social & R&R consultants and are responsible for day to day functioning of ESC. The HPPTCL also has a designated Land Acquisition Officer, who is responsible for coordination with the local revenue office, district administration, and acquisition of land and payment of compensation. 2.2.2.2 Program Activities and associated Social Impacts Program Activities Social Implications Environmental Implications Promoting The interventions will have HPPTCL’s work can broadly be divided into Resource Efficient adverse impact on community two categories viz. a) Laying of Transmission Investments: with loss of assets (land, crop, Line and b) constructing Power Substations. Increase in trees) permanently and The environmental implications in laying of Transformation temporarily; resistance by transmission lines can be categorized into Capacity (MVA) individual and community to the following headings: a) Diversion of will require the Right of Way for the forest land for non-forest use, b) Clearing of installation of transmission lines; increase in trees in Right of Way, c) Clearing of ground Transmission Lines litigation over compensation; vegetation for movement of machinery, d) potential for increase in Soil erosion due to digging for tower 25 $350 million investments in the MFF to be supported by Asian Development Bank (ADB) will contribute to support the economic development in HP through expanded power supplies. The Tranche 1 subprojects are located in Kinnaur, Mandi, Kangra and Shimla districts of Himachal Pradesh, physical components, consist of 5 proposed new substations/pooling stations and 1 transmission lines. 6. The sub-projects under Loan 2794-IND (Tranche-1) do not have any significant involuntary resettlement impacts, and the Project overall has been categorized as ‘B for involuntary resettlement (IR) and ‘C’ for Indigenous People (IP) in accordance with the ADB’s SPS 2009, which applies to this Project. 62 and construction gender based violence during foundation. The environmental implications of sub-stations. the construction phase with related to setting up of sub-stations are: a) influx of labour; increase clearing of ground vegetation, b) used demand on local resources transformer oil, c) geological safety, soil (water, fuel wood, etc) with erosion and landslides, d) SF6 leakage increased labour force that during storage and erection of switchgear, may lead to conflicts with host e) noise and vibration. population. The capacity to All above need data based management and manage social risks and report monitoring tools to strengthen the existing requires substantial system. strengthening. Strengthening • Strengthening capacity of governance staff following the need capacities of assessment with special power utility focus on women to (training, GRM develop and implement a system, structured training plan. procurement manuals, • Review of existing E&S transition to SAP norms and system , gap platforms, office analysis and upgradation. automation, web- based system for real time monitoring) 63 2.2.2.3 Assessment Against Core Principles Core Principle #1: Program E&S management systems are designed to (a) promote E&S sustainability in the Program design; (b) avoid, minimize, or mitigate adverse impacts; and (c) promote informed decision-making relating to a Program’s E&S effects. Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT • The legal framework at national and state level is robust. HPPTCL has • The information on E&S is available as • Cumulative impact assessment to review E&S risk to an extent aligned its internal policies to meet the requirement of independent project reports and details vary as management and outcomes across all projects both National and state regulations. per the requirement of the donor • Adoption of a uniform ESPP that aligns with the • As per Environment and Social Safeguards Policy (ESSP), May 2011, • To assess the overall E&S performance of requirements of National and state laws and HPPTCL is to ensure that development of power transmission system HPPTCL, combined reports on performance international standards. network in environmentally and socially sustainable manner and against key social indicators bi-annually or • Adopt a uniform Stakeholder Engagement Plan for public disclosure for transparency and mainstreaming the annually are not available structured engagement and strengthen systems for environmental and social concerns in operations • Available documentation provides negligible reporting • Environment and Social Cell (ESC) at the Corporate Level to manage information to track accessibility, efficiency and • Strengthen M&E system to track preparation and safeguard compliance effectiveness of the GRM implementation of social risk management on real time and integrate with the DoE’s M&E system to support sector level reporting. Strengthen the system for an integrated GRM which uses multiple mediums (phone, postal, email, mobile app, face to face) to register complaints, track them, have a responsibility matrix, escalation mechanism, redressal timelines and closure protocols. Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • ESMF is in place for assessments of potential impacts. The prescriptive • No umbrella act like EIA notification is • Align ESPP with National and state laws and framework also covers international treaties and convention signed applicable in Indian context therefore it is sustainable development goals to manage social and ratified by India important that existing systems are and environment risks. • ESSP policy in place, spells out identification of mitigation measures implemented effectively. • Biodiversity impact assessment needs to be made • Screening is done for proposed projects to find out the extent and type part of all transmission line projects in HP, thereby of Environmental Assessment required. A format used for screening is • HPTCL has required uniform environmental necessitating a detailed framework in this regard. available (enclosed as annexure) but should be specifically designed to managment and institutional systems in place • The ESMF prepared for multilateral funding promote E&S sustainability in the Program by incorporating the to address environmental risks and impacts agencies need to be made applicable for even principles of avoid, minimize or mitigate adverse impacts and promote those will be further improved and uniform state/government funded projects. informed decision-making in the process. system in form of Environmental Systems Policy • Monitoring needs to be strengthened and • Policy considers environmental implications of location, terrain and Procedures (ESPP)is being introduced as per integrated with DoE Dashboard sensitive areas in impact identification and mitigate these with Indian power sector company ;Power Grid to 64 innovative, practical engineering solutions. Impacts to Biodiversity, understand and address any such risks and • Proper documentation for handling and disposal of especially avian species are also assessed and mitigated as applicable. impacts. hazardous wastes and maintaining records on • The site for substations is selected so that it is geologically stable and • Present frameworks are mostly used for emission of GHGs is suggested safe, so that cutting and levelling for construction of substation does multilateral funding projects and bio-diversity • For Capacity Development of E&S risk management not lead to landslides. studies are only done when mandated by following actions will be taken up as part of the • At least three alternatives for the project’s location or route are regulatory agcies. program (a) Hiring of key Environmental expert with examined and their potential environmental impacts identified and • ESMF and ESPP need further strengthening to independent charge in HPPTCL as staff and need the alternative having the least impacts is selected. bring it to par with multilateral funding agencies based hiring of bio-diversity and safety experts, (b) • Biodiversity analysis is not a regular practice and is done only when and to be made applicable across all activities training need assessment, prepare training mandated by a regulatory requirement. irrespective of regulatory or funding calendar including target group and its • IEE conducted for the proposed project site to describe potential requirements. implementation direct or indirect impacts and risks to physical, biological and socio- • Though required environmental skill are there • Adopt web-based Monitoring and Evaluation (M&E) economic environment in place but HPPTCL need guidance on bio- systems to monitor E&S risk management for • Felling, pollarding and pruning of tree for electric clearance and/or diversity management and safety. evidence-based reporting. movement of machinery, whenever necessary, is done with permission from the local forest officer with due mitigation and abatement measures as may be prescribed. • There is clear depiction of Role and Responsibility with emphasis on adherence to their ESSP policy for all officials including dedicated personnel for environment. • HPPTCL discloses to the public contents of its field projects, their objective, scope of work, survey results and likely impacts as may be assessed and obtain their input before finalizing the same. Core Principle #2: Program E&S management systems are designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • ESSP policy speaks of measures to avoid, minimize and mitigate • There are gaps in existing ESSP and ESMF to • ESPP and ESMF need to further strengthen to align any potential adverse impacts on any sort of physical cultural avoid, minimize and mitigate environmental best practices to (a) design and screen the activities property and avoiding any sort of destruction or damage to them and bio-diversity risks and impacts. to avoid, minimize, or mitigate adverse impacts on by using field-based surveys that employ qualified and • The program is unlikely to have an adverse natural habitats and physical cultural resources;(b) experienced experts during the environment assessment. impact on critical natural habitat and physical avoid, minimize, or mitigate adverse impacts • HPPTCL adopts a proactive/ route alignment/ site selection cultural heritage. integrating bio-diversity impacts; (c) promote approach. They are done on walk over surveys, usage of tools such • System lack uniform approach of E&S informed decision-making relating to Program’s as forest atlas, revenue papers, Survey of India maps of the area. screeming and management and are E&S effects; and (d) implementing evidence-based HPPTCL makes all possible efforts to avoid eco-sensitive areas, dependent on regulatory or funding evaluation and monitoring arrangements. forest areas, or to keep it to the barest minimum. requirements 65 • All efforts to minimize the involvement of trees falling in RoW is made. HPPTCL tries to minimize number of trees required to be felled even if their cost has been paid. Pruning of trees will be done wherever required instead of heavy lopping or felling. • To minimize damage to the environment HPPTCL uses manual stringing in thick forest and on slopes wherever possible. Maximum working is done during non-monsoon season to avoid soil erosion • The work force is prohibited from unnecessarily disturbing the flora and fauna of the work area. The contract conditions incorporate necessary provisions to this effect. • Sites for sub-stations selected very cautiously so that critical habitat areas are avoided. • To avoid and minimize the potential impacts on avifauna viz; Risks of Collison, Risks of Electrocution, Disturbance and Habitat Destruction of avian species, detailed biodiversity impact assessment26 are carried out. Suitable mitigation measures viz; installation of Bird flight diverters, wherever required, are in practise. • There are provisions for the use of ‘chance find’ procedures and ensures the management/ conservation approach for any such materials discovered during project implementation. Core Principle #3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT • Adequate legal provisions in the national and state laws which are a • No system available at state level to assess the • HPPTCL can pilot and roll out ICT tools for part of the bid documents for all projects employment generated, disaggregated data on compliance labour law which provide systematic, • Labour record in terms of categories like migratory and local are categories of by the projects simple, and real time tracking by the contractors maintained at site. Monthly reports submitted from each of the • Data on labour camps/conditions and Utilities. projects includes key performance indicators on labour management • Labour GRM and GBV 26 HPPTCL carried Biodiversity impact assessment for one of the transmission lines projects (funded by KfW), since the line was routed nearby a wildlife sanctuary, which is also an important bird area. Bird flight diverters were proposed in river crossing areas to mitigate any impacts to the avian species. Later, such measures of installing bird flight diverters were proposed at river crossings in all other transmission line projects, funded by KfW. 66 • On the project sites, Contractor to maintain the wages register, • Risk assessment of labour influx and impact on • The P4R also provides an opportunity to streamline medical fitness record, provide accommodation with minimum space host communities Labour Management Procedures, Labour with ventilation and washing facilities, sewage and garbage disposal, Management Plans and Labour Influx Management potable water, cooking and storage facilities etc. to ensure safety of individual, direct, indirect, • The ESMP includes measures on Occupational Health and Safety of contracted, sub-contracted and community labour workers at work sites for handling material, disposal of hazardous as well as management of risks in case of labour material, emergency response, awareness and training on health and influx and impact on host communities. hygiene, maintain PPE Discipline and having provisions of well stocked • first-aid kits. Information/caution boards are displayed at work zones, storage areas and labour camp sites. Project specific record of accidents27 (major, minor, fatal and near misses) are recorded and reported in the semiannual reports on Environmental monitoring. • It is ensured that Contractor has GRM for workers/labour and its records are also maintained for inspection and for any recommendations. For GBV, awareness is imparted to workers and protocols are also established by HPPTCL, if there exists any GBV hot spots near project sites. Separate accommodation facilities are suggested/recommended for labour in couples and also separate toilets provisions are ensured for male and females at work sites. Creche28 facilities are also encouraged, where labour is with kids. • Land used for construction camps, stockyards etc are rehabilitated to its original use after completion of the works. • HPPTCL ensures maintaining safe distances by keeping clearances (horizontal & vertical) from ground and adjacent structures in accordance with Indian Electricity act (Rule 77 & 80) to reduce exposure to electromagnetic fields and any other occupational health impacts. Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • As a part of HPPTCL’s procedures and practices, public and worker • There are gaps in the existing system of • Existing health and safety protocols to be complied safety are an integral part. evidence and data-based reporting on health and reporting of mechanisms need to be • Project design includes measures to avoid, minimize, or mitigate and safety protocols. strengthened. HPPTCL needs to adopt EHS community, individual, and worker risks when program activities are • There is also a gap in training in risk protocols integrated in design and data based located within areas prone to natural hazards or other severe weather assessments for handing, storage and disposal reporting system in contract management. 27 Two fatal accidents were reported on project sites in last five years and claims were settled with the family members of deceased in reasonable timeline. 28 In many of the HPPTCL’s projects, it has been practiced that one female alternatively sits back at camp site to look after all the kids and it is ensured that the female gets paid for wages 67 or climate events. HPPTCL’s ESSP policy applicable in this regard. of solid/hazardous waste, emergency • Though ESC is responsible for handling, storage, and Displays of cautionary/ informative signage’s are also done. responses. disposal of solid/hazardous wastes, Emergency • During the design, the Transmission line and Substation equipment response and contingency, it is apparent that a are rated to ensure that EMF is within the permissible limits as Safety officers/ personnel responsible for specified in the EHS guidelines. Design of substations is made so as to implementation of mitigation measures should be include modern fire control systems/firewalls. Provision of firefighting separately engaged and trained demystifying risks equipment are located close to transformers, switchgears etc. HPPTCL in case systematic approach on management ensures that first-aid facilities are mandatorily be made available with mechanisms are not adopted. the labour gangs and ambulance/doctors on call from nearby towns, when necessary. • Provisions for public and worker safety as part of • Promotes and ensures the use of good international practices during the bid / contract documents to be implemented. storage, transport, and disposal of hazardous material Waste Recommendation is of hiring safety officer may be management and sanitation facilities are made available at sub project in place either with sole responsibility or co- sites in a compatible manner. Waste oil at substation sites is collected designated. and disposed through a registered recycler 29. • Streamline and integrate reporting practices that • Awareness sessions for work site safety for workers is regularly will guide operational practices and report (a) conducted at HPPTCL. It also ensures that Contractor imparts the exposure to toxic chemicals, hazardous wastes, and required trainings to the workers involved in procurement, storage, otherwise dangerous materials used; and (d) transport, use and disposal of hazardous chemical in accordance with reconstruction or rehabilitation of infrastructure international guidelines and conservations. located in areas prone to natural hazards • HPPTCL adopts environmentally sensitive labour management with incorporating recommendations from District periodic health checks if the workers engagement is prolonged. It Disaster management Plans and other safety issues maintains workmen’s health and safety as a priority as its personnel (c) emergency response systems and accident and are exposed to live EHV apparatus and transmission lines. incident reporting. • HPPTCL possesses the system to implement the environmental safety guidelines laid in their Transmission Projects. (a) For risk of accidents, contamination of diseases (e.g., Covid-19) and exposure to electromagnetic fields along the alignment. (b) or for risks dues to electrocution, lightning, fires, HPPTCL do not allow the houses to be within the RoW (right of way) of the Project. • Periodic monitoring of Environmental attributes (air, noise, water & soil) is also carried as per ESMP provisions. 29 Addresses of registered agencies dealing in Collection & Transporter of used oil in HP are; 1) Keshav Enterprises, Village Chuhuwal, Near Shiv Mandir, Tehsil Nalagarh, Distt. Solan (HP), 2) Shivalik Inc., H. No. 38, Housing Board Colony, Sanjauli, Shimla (HP) and Village Sharmla, Po Moahari, Tehsil Theog, Distt. Shimla (HP) and 3) Shivalik Solid Waste Management Ltd (Unit-II), Village Shabowal, PO & Tehsil Nalagarh, Distt. Solan (HP) 68 Core Principle #4: Program E&S systems manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT • HPPTCL monitors and measures the progress of implementation of the • The GRM system is relatively weak to track the • The power sector to take cognizance of the resettlement action plan. The scope of monitoring activities is complaints RFCTLARR 2013 such that the existing frameworks, proportionate to the projects' risks and impacts. systems and practices across the sector are aligned • HPPTCL also has a designated Land Acquisition Officer, who is to the provisions of RFCTLARR 2013 responsible for coordination with the local revenue office, district • HPPTCL already has a comprehensive policy for land administration, and acquisition of land and payment of compensation acquisition and resettlement activities • Recording the progress in compensation payment and other • Consolidated reporting at institutional level on R&R resettlement activities, HPPTCL prepares monitoring reports to ensure including complaint resolution to be made available that the implementation of the resettlement plan has produced the at annual basis desired outcomes30. Core Principle #5: Program E&S systems give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities (hereafter referred to, interchangeably, as Tribals, Tribal Groups or Tribal Populations), and to the needs or concerns of vulnerable Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT • Cultural impacts (ancient architecture & monuments, tourism, arts, Information on implementation of targeted Track implementation of schemes related to Scheduled customs, ritual) are captured and dealt/mitigated as per the available schemes for Scheduled Tribes on the utility’s Tribes on the utility’s projects applicable laws including consultation outcomes, especially in case of projects is not available. social rituals. • HPPTCL’s Environment and Social Safeguards Policy principles provide that HPPTCL shall take due precautions to avoid disturbance to human habitations, tribal areas and places of cultural significance and minimize the same wherever inevitable. • The ESSP also provides that HPPTCL will pay special attention to marginalized and vulnerable groups and secure their inclusion in overall public participation. Core Principle #6: Program E&S systems avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes (Not Applicable) 30As per compliance requirements of funding agency, social consideration on involuntary resettlement RP policy and targets, the RAP implementation process is monitored and evaluated through Process Indicators and Output Indicators 69 HPPCL Himachal Pradesh Power Corporation Limited (HPPCL) was incorporated in December 2006 under the Companies Act 1956, with the objective to plan, promote and organize the development of various aspects of hydroelectric power on behalf of Himachal Pradesh State Government (GoHP). HPPCL is a fast-upcoming power generating utility with all the Technical and Organizational capabilities at par with other generating companies in the Country. Company’s mandate is the power generation through hydro, wind, solar and/or thermal. The table below summarizes the expanse of HPPCL projects: Table 6 Projects Under Projects Projects Under Projects Under Other Operation Under Preconstruction Investigation Projects due Construction Kashang HEP (Stage-I) Shongtong Renukaji Dam Thana Plaun HEP (191 Nakthan HEP 65 MW; Sainj HEP (100 Karchham Project (40 MW); Triveni Mahadev (460 MW) MW); Sawra Kuddu HEP (450 MW); Chanju-III (75 MW); Kishau Dam due in 2028; HEP (111 MW); Berra MW); HEP (48 MW); Project (660 MW); Khab HEP Dol Solar Power Kashang Deothal Chanju Gyspa Dam Project (300 (305 MW) Project (5 MW) Stage-II&III HEP (30 MW) MW); Kashang Stage-IV due in 2030 (130 MW) HEP (48 MW) The prospective location and potential of hydro power projects in the state of Himanchal Pradesh were initially identified by the investigation wing of HPSEB across the five major river basins Satluj, Beas, Ravi, Chenab and Yamuna. The total hydro power potential of these river basins in the state is approx. 24000 MW. HPPCL in the year 2009, was allotted 22 nos. of hydro power projects of 2070 MW capacity. The development of hydro projects requires a structured approach to address the E&S issues. Accordingly, the following project Life Cycle is followed: Figure 9: HPPCL Project Life Cycle 2.2.3.1 Institutional structure, procedures, practices, and performance Himachal Pradesh Power Corporation Limited (HPPCL) has an Environment Policy for Hydro Power Projects in place since May 2017. The policy is guided by the principles of sustainable development, minimum environmental setbacks and economic efficiency and viability. The policy emphasizes on conservation of environmental resources, good governance practices, regeneration of catchment areas, education, awareness and outreach on hydropower projects, and livelihood security. 70 Figure 10: Organogram for E&S (corporate and project level) To manage Social and Environmental safeguard issues, HPPCL has established an Environment and Social Management Unit (ESMU), headed by the Chief Environment cum Social and R&R Specialist at Corporate Level. At Project level, there are also dedicated staff with well qualified personnel. HPPCL have clear institutional responsibilities and resources to support implementation of environmental management plan and as well as Rehabilitation & Resettlement Plan. The ESMU is housed with expertise to ensure that the EMP when implemented meets all the targeted objectives and address all environmental issues of Himalayan Eco-fragile region. • ESMU is responsible for documentation, preparation, implementation and monitoring of EIA and ESMP. • ESMU is responsible for implementation of EIA, ESMP and R&R Plan • HPPCL has moved away from the conventional method of assessing impacts on a project-by- project basis to a river basin approach. HPPCL follows rules spelled out in the Hydro Power Plan, 2006 for identification of measures to mitigate adverse impacts and make financial provisions for the same • At present two models are being adopted viz. area development, revenue sharing or benefit sharing: (i) Local Area Development Fund - during construction phase HPPCL contributes 1.5% of project cost and after commissioning of the Project, the Project developer contributes 1% free power for LADF over and above the 12% rates of royalty agreed to be paid to the State Government. (ii) Provision under Hydro Power Policy: After commissioning of the project, cash equivalent to 100 units per month is distributed to PAFs through LADC for 10 years period after commissioning of the Project. (iii) In future when corporation starts earning profit the third model of Corporate Social Responsibility will be operationalised as per the CSR policy which is already in place. ENVIRONMENTAL MANAGEMENT a. Environmental regulations: HPPCL follow the regulatory framework of obtaining mandatory clearances of hydropower projects with more than 5 MW capacity either from the State Environment Appraisal Authority at state level or by Environment Appraisal Authority constituted at Central level by MoEF&CC, GoI. These environmental clearances are accorded under EP Act, 1986 and then it goes under second level of procedure, where HPPCL seeks ‘Consent to Establish’ 71 prior to start the project activities and ‘Consent to Operate’ after commissioning of the project from State Pollution Control Board, under Air and Water Acts. At this stage SPCB checks if the conditions stipulated in clearance letter of State Environment Authority or MoEF, have been duly complied with or not. This straight-jacket approach severely hinders any environmental infractions. HPPCL have mechanisms in place those ensures preparation of EIA and EMP in coordination with the accredited consultants. Projects were considered or cleared only after thorough examination from Central or State Authorities with conditions to be complied to minimise or address environmental risks and impacts. The Environment Policy for Hydro Power Projects of HPPCL clearly states the different strategies, actions and policy initiatives that ensure the execution of its projects in complete harmony with nature and its operation on a sustainable basis. An important such initiative is that HPPCL shall strive to site its projects such that the ecology of any environmentally sensitive zones or high value conservation areas is least affected. Species with high genetic value are identified as ‘Incomparable Value’ and it is ensured to not affect such species or their habitat in any way. Though such regulatory measures are available for large hydropower projects, but no clear policy exists for other small less than 5MW projects or any activities like solar that is planned to be devemoped, which creates the need for a comprehensive environment and social management and monitoring plan. In Chanju-III HEP, Project authority has a dedicated Environmental and Social Management Cell (ESMC) at the project site with requisite manpower (can be increased or decreased depending upon the requirement). The task of the Environmental and Social Management Cell is to coordinate various environmental activities, to carry out environmental monitoring and to evaluate implementation of environmental enhancement measures for positive impacts and environmental mitigation measures for negative impacts. The ESMC reports to the Project head who has adequate powers for effective implementation of the Environmental and Social Management Plan (ESMP) in various phase of project development. The Contractor also maintains Environmental and Social Management Cell (ESMC) at project level, which consists of Environment, Social & Safety officers and assists and reports to concerned officers of ESMC of HPPCL at project level. HPPCL also maintains an Environmental and Social Management Cell (ESMC) at Corporate Office level which is headed by Chief Environment and Social Specialist. This cell keeps overall monitoring on the compliance of ESMPs in all the ongoing Projects and also maintains liaison with the other departments of State Govt. entrusted with the ESMP functions to ensure their time bound implementation. The Environment Management Plan (EMP) at HPPCL for Chanju-III HEP for example elucidates the steps to be taken for compensatory afforestation and biodiversity conservation plan, whereby measures like habitat improvement programs, anti-poaching measures, conservation plan for Schedule-I species, conservation of floral species, monitoring and budget of biodiversity conservation plan are discussed in detail. The need for green belt development plan and its structure, control of water, air and noise pollution during the construction and operation phase, management of sand and minimum flow are reviewed in detail in the EMP. Muck Management Plan, Restoration and Landscaping of Construction Sites, Catchment Area Treatment Plan, Energy Conservation Measures b. and Local Environmental Area Development Procedures Plan are and Practices someensures : HPPCL of the important to site itscourses taken projects to achieve a way the in such that targets Public of EMP. of the ecology health delivery system any environmentally viz., sensitive development area of medical like eco-sensitive facilities zones, Ramsar and disposal sites, of wildlife bio-medical wastes sanctuaries, and environment national management parks etc., are in labour least affected camps are or avoided. some It has of thethis applied discourses taken principle into the at action during Renukaji project and Nakthan hydropower projects, where the capacity of the project was life cycle. reduced to avoid impact on high value conservation areas. In project sites designs are tailor made to reduce impact on biological resources to minimum possible. In two of its upcoming projects viz. Chanju-III (48 MW) & Deothal Chanju (30 MW) road construction has been avoided (except for power houses requiring transport of heavy equipments) to reduce the tree cutting to minimum by providing ropeways for men and material transport. Three stages of Kashang Hydroelectric 72 Project were integrated to have single power house to avoid independent components entailing wider impacts. HPPCL pays explicit attention to the potential impacts of development projects on biodiversity resources and natural heritage. In appraisal of such projects by cost-benefit analysis, it assigns values to biodiversity resources at or near the upper end of the range of uncertainty. Ancient sacred groves and “biodiversity hotspots” are treated as possessing “Incomparable Values”. c. Environmental Monitoring and Reporting: For the purpose of assessing the final impacts of the hydropower projects on the ecosystem, and the effectiveness of the management plans implemented, HPPCL uses Remote Sensing technology integrated with Geographical Information Systems (GIS) to prepare a Post-construction EIA report. This study report helps in dispelling all the doubts harboured by various stakeholders including the project affected population against the hydro power projects as ecology changer and environment spoiler. Six monthly monitoring reports are submitted to the MOEF and its Regional Office Chandigarh for review. The third party monitoring is also in place, those are done by Department of Science and Technology and State Pollution Control Board. The proforma for Environment Monitoring Reporting and Social Safeguard Reporting as shared by HPPCL (for Changu-III HEP) are very extensive and cover all the important topics to be brought under discussion, thereby highlighting HPPCL’s commitment towards honest implementation of the EMP. An Environment and Social Management Manual providing step-by-step instructions on how to develop and implement a management system addressing common environmental, occupational health and safety (OHS), labor, and community risks and impacts that such projects are likely to face should be prepared. SOCIAL MANAGEMENT a. Land Management: For construction of a hydro power plant besides government land, large tracts of private land are also required to be acquired from private persons. The construction of the project involves under-ground works, transportation of large quantities of material and submergence of inhabited areas due to construction of Dam. All these activities are likely to have an impact on the lives of people living in the area. The land acquisition activity and associated rehabilitation and resettlement activities are undertaken as per the acts and policies of central and state governments. The land acquisition activities are carried out as per the GoI’s guidelines prescribed under Land Acquisition, Rehabilitation and Resettlement Act, 2013. Further, the hydro- electric projects in the state are also mandated to follow GoHP’s guidelines for Local Area Development Fund (LADF) which mandate disbursement of a portion of project cost in the project affected area. The figure below enlists the stages under resettlement and rehabilitation followed by HPPCL: R&R implementation R&R Strategy and monitoring R&R Plan and Scheme Figure 11: Stages of R&R • To protect the interests of the project affected people and landless family (and any other family affected during construction stage of the project), HPPCL prepares a scheme for Resettlement and Rehabilitation of the persons incorporating adequate arrangements for their resettlement and rehabilitation. The scheme is prepared on account of acquisition/ for 73 the construction taking into consideration the National Rehabilitation and Resettlement Policy31 and National Hydro Policy 200832.The NRRP was applicable for projects where over 400 families in the plains or 200 families in hilly or tribal or Desert Development Program (DDP) areas are displaced. However, the basic principles can be applied to resettling and rehabilitating regardless of the number displaced. • The R&R strategy covers: o Project Affected Family suitably and adequately compensated to ensure replacement of the assets lost or acquired. o Local population of the Project Affected Area provided guidance and counselling education through scholarships, professional trainings in different trades like Electrician, Draughtsman etc in Industrial Training Institutes, training in common occupations like Agriculture, Horticulture etc o General Development of the project area by building or improving infrastructure such as roads, footpaths, bridges, water supply, irrigation through public participation and community development works etc. o Creating opportunities of employment for local people through self-employment schemes and direct or indirect employment in project activities. o Maintaining a friendly contact with the public through regular meetings, Public Information Centre, printed material, PAF identity card, functions etc. • The objectives articulated in R&R Plans include: o Compensation to adversely affected by construction of the project. o Improve the quality of life of the people of the area through better infrastructure, sustainable income and better skills o To create a good will for the organization and have a good long-term relationship • The R&R Action Plan is therefore formulated with an objective to resettle the families rendered landless or affected families whose land/house/shop is acquired and to rehabilitate them in such a manner that they improve or at least regain their previous standard of living, earning capacity and production level. Besides, it is imperative that the transition gap between displacement and rehabilitation is to be reduced to the minimum possible extension. R&R plan preparation and implementation is based on the principles of wide stakeholder participation, support of the affected and provide for their extensive involvement in the projects through public hearings, Gram Sabha meetings, inclusive committees on resettlement and grievance redress etc. The HP Hydro Power Development policy provides for transparent arrangements and processes concerning the technical and financial aspects of projects through the MoUs/Agreements with the project developers. It also provides for consultation with the local communities by specifically requiring that an NOC by the Gram Sabhas concerned be obtained by the Project Developers. • Negotiated Settlement: Before issuing the preliminary notification under the prevailing Act, HPPCL approaches the respective landowners for amicable settlement of rates of the private land to be acquired. If private landowners agree for the rates being offered, then HPPCL submits proposal to the Board of Directors for constitution of negotiation committee. The 31 HPPCL R&R Plan was approved by State Govt during 2009 and Land Acquisition Act, 2013 or LARR Act or RFCTLARR Act came into existence during 2013. Despite that the financial provision of HPPCL R&R Plan different from the provision of 2013 Act like employment provision, grant for house, grant for small artisans etc 32 Standard R&R Plan of all projects of HPPCL as revised following GoHP Notification up to 2nd April 2012. Ver.- Final. 7 2.2.4 To ensure that rights of individual and society particularly those belonging to the weaker section of the society are adequately protected. 74 Management after receiving the request, in pursuance to the provisions of para 20 & 21 of the Financial Commissioner’s (Revenue) Standing Order No. 28, constitutes Negotiation Committee for negotiating the rate (s) of private land proposed to be purchased. Each landowner is consulted in an open meeting33and minutes of the meetings are drawn. Following parameters are taken into consideration while deciding the rates: i. Circle rates; ii. Average of sale deeds (higher side) of previous three years in the vicinity of the area; iii. Potential yield of the land. The rates recommended by the Committee are subject to approval of Board of Directors of the Corporation. After approval of rates, HPPCL purchases land by way of sale deeds. • Impact Assessment of Land acquisition: In addition to internal monitoring (monthly reporting of R&R), External Monitoring of land acquisition and R&R activities was also carried out by independent External agency as per requirement under ADB projects34. • An External Monitoring Report of Chanju-III HEP (48 MW) revealed that private land measuring 2.67 ha was purchased by HPPCL based on negotiate rate @ Rs. 14,75,000/- per bigha. The land compensation paid by HPPCL was almost five to seven times higher than the circle rates. It is confirmed in the report that the payment made by HPPCL is higher than Compensation paid under RFCTLARRA 2013. The replacement cost including rehabilitation benefits as enshrined in the act was fully paid to all landowners and the landowners were not negatively impacted by the direct land purchase. Base Line Survey: A base line survey was conducted in the project affected area inter alia covered: (i) Information about families living in the area, their occupation, income, education, housing available and dependence on common resources (ii) Available infrastructure and resources (iii) Land holdings (iv) Members of the family who are permanently residing engaged in any trade, business, occupation or vocation in the affected area (v) Families who are likely to lose, or have lost, their house, agricultural land, employment or are alienated wholly or substantially from the main source of their trade, business, occupation or vocation (vi) Agricultural labourers and non-agricultural labourers (vii) Families belonging to the Scheduled Caste or Scheduled Tribe categories (viii) Vulnerable persons such as the disabled, destitute, orphans, widows, unmarried girls, abandoned women, or persons above fifty years of age; who are not provided or cannot immediately be provided with alternative livelihood, and who are not otherwise covered as part of a family. Families that are landless (not having homestead land, agricultural land, or either homestead or agricultural land) and below poverty line, but residing continuously for a period of not less than three years in the affected area preceding the date of declaration of the affected area; and (x) Scheduled Tribes families who are or were having possession of forest lands in the affected area prior to the 13th day of December 2005 • A Social Impact Assessment Study is carried out in the project affected area through an independent, professional agency to determine the impact that the project can have on the people, their lives, the community, and the society. This study is done before the start of work on Main Project Components. The study will cover impact on public and community properties (particularly common grazing grounds, forest right); available infrastructure like roads, water supply, irrigation schools, medical facilities, fairs and festivals power supply, places of worship, 33Refers to a meeting organized for all residents in the PAA 34As a best practice under R&R measures, HPPCL has done the External Monitoring for its projects viz Kashang HEP Stage-1, Sawra-Kuddu HEP, Sainj HEP, Shongtong-Karchham HEP and Chanju-III. During the external monitoring, it has been established that HPPCL has taken up various short term and long terms safeguards measures for the betterment of Project Affected Families. The External Monitoring Report of Sawra Kuddu HEP has already been provided for reference. The external monitoring has been done in those projects where almost all the R&R benefits have been given to the entitled beneficiaries. In the remaining projects the same shall be done after completion of all the R&R safeguard measures and after taking the approval of HPPCL Management. 75 burial and cremation grounds, etc. access to adjoining villages across the water source being dammed or diverted, livelihood sources; reduction in land and other natural resources etc. Public consultation will be done along with the public hearing for EIA or separately. The R&R Plan is appropriately modified if need is felt after the SIA report is obtained. • Local Area Development Fund (LADF): The GoH, Department of Power notified New provisions under LADF guidelines: Under the 2014 notifications, some amendments were proposed to the revised guidelines35 for Local Area expedite the project implementation process like Development Fund on 5th October 2011. discontinuity of mandatory NOCs from different The Hydro Power Policy,2006provides departments such as IPH, PWD, Revenue, Fisheries and that (i) 1.5% of the final cost of the Wildlife Department; clearance and compliance of norms projects above 5 MW and one percent of and conditions by the developer; making consultations the final cost of projects up to 5 MW shall more effective rather than one of events for signing NOCs; be contributed to LADF and (ii) additional Separate Joint Inspection Committees replaced by one joint l% (one percent) free power after inspection committee. This streamlines the process of commissioning of hydro power projects clearance, monitoring, and coordination among all shall be earmarked for the LADF to relevant departments. Further, it no longer mandates NOCs from the Gram Panchayat (GP) prior to provide a regular stream of revenue for commencement of civil works, instead it proposes one income generation and welfare schemes, consultation with GP in all aspects of the project convened creation of additional infrastructure and by the SDM. However, this may speed the process but can common facilities on a sustained and be counterproductive to continuous consultations, continued basis over the life of the transparency, and real-time course correction in the project. project where needed. Unlike the previous provisions, - GoHP may provide a matching of projects up to 5 MW will preferably be allotted to bonafide 1% from its share of 12% free residents of Himachal Pradesh which contributes to power. This entire contribution generation of revenue and increased employment towards Local Area Development opportunities within the state. Activities is to be maintained in the form of LADF administered by Local Area Development Committee (LADC) comprising- of various stakeholders including government, project developers, public representatives/nominated members from Project Affected Areas. - Activities to be covered under LADF: Panchayat level schemes like cement concrete internal paths, ropeways, streetlights, sanitation, rainwater harvesting; block level schools, link road, primary health centre; district level bus stand, hospital, college, training institute - Activities not covered under LADF: dirt tracks or roads, light vehicles, renovations, individual grants. - The guidelines provide details on identification of affected areas and people36. The declaration of PAF, PAA, PAZ to be completed prior to signing of the Implementation Agreement. - There are timelines, guidelines, and responsibilities for monitoring of LADF including preparation of Utilization Certificates and Completion Certificates to be provided by LADC. 35Supersede the guidelines notified earlier vide No. MPP-F(10)-15/2006 dated 16-09-2009. The implementation of this policy and continuous feedback from Project Developers on LADF management have brought up the need to revisit these guidelines to administer the LADF and to manage the activities of LADC in an objective, transparent and efficient manner, to increase local participation and create a stake of the community in the expeditious harnessing of the power potential. 36Project Affected People: family whose land or house or other property or source of livelihood has been partly or fully acquired for the development of project; Project Affected Areas: area where actual project components including submergence area, muck dumping area, mine, quarry, infrastructure including roads, project dedicated township, offices, construction activities, welfare facilities and any other facilities directly related to project implementation are located; and Project Affected Zones: area surrounding such project affected area where impact of the project on the lives of people is considerable despite no direct activity is taking place. This varies as per the size of the project (5MW; 5-100 MW and above 100 MW) 76 • Corporate Social Responsibility: HPPCL aims to minimize involuntary resettlement and other losses to the communities. HPPCL philosophy and principles is based on building partnership with communities by recognising them as a stake holder in the projects. HPPCL will make conscious efforts to enhance the quality of life through its CSR programmes. The new Companies Act, 2013 has been implemented/enforced w.e.f 1st April, 201437. With community engagement (CSO, CBOs and local governance institutions), CSR activities include Eradication of hunger and poverty; Health Care; Education; Environment sustainability, Protection of National Heritage & Culture; and Infrastructural Development and Community Development. As and when the provisions of CSR Policy will be applicable, HPPCL will spend 2% of the average net profits of the 3 preceding years towards CSR. d. Stakeholder/Citizen Engagement Mapping and Profiling: The hydro power projects in HP, whether taken up by public entities or private developers, have three primary and direct stakeholders. These are (a) the government - specifically the hydro power development department, (b) the project developers and (c) the people affected through acquisition of lands/houses or directly affected by the project economically/socially. The other stakeholders that are relevant, important and have influence over the projects, are the families indirectly affected by project activities, the local communities, the elected representatives/PRIs, the civil society organizations, the media, and the government officials involved directly or indirectly in project execution and monitoring. The juxtaposition of interests, concerns, attitudes, and dispositions of the three primary stakeholders – the government, the project developers, the PAF and the resulting relationships have a major bearing on stakeholder engagement and interaction. • Communication Strategy: For smooth execution of project activities, effective communication with stakeholders is an important tool. HPPCL regularly communicate with local inhabitants/ community to familiarise them and build awareness about project activities using different platforms, such as: Training and Awareness Camp; Involving Community Based Organizations; Sports event for men and women; Competition for school students; Self Employment Scheme; Public Information Centre (PIC); Exposure visit to on-going construction activities. HPPCL has dedicated RR staff in all the projects as well as at Corporate Level who work closely with communities and building mutual trust and confidence. They are responsible for implementing aforesaid activities, RR Plan and all the social safeguard measures to comply with the policies of funding agencies. Further, most effective options to involve local communities in the project activities and getting feedback directly from them is by engaging people in activities related to project sensitization. Therefore, HPPCL has appointed the co-ordinators from the project area who are the effective means of two-way communication between HPPCL and stakeholders. Moreover, in the projects situated in tribal areas (Distt. Kinnaur), HPPCL has recruited the RR staff from the Project affected families/project affected area who work in close liaison with the stakeholders (See Annex 5 for further details) 37The provisions of the Act in relation to Corporate Social Responsibility (CSR) have been made mandatory to be complied with by the specified companies. As per Section 135 of the Companies Act, 2013 and Rules made thereunder, specified Companies need to constitute a CSR committee of the Board consisting of three or more Directors, out of which at least one director shall be an independent Director and spend in every financial year, 2% of the average net profits of the Company made during the three immediately preceding financial years, in pursuance of its CSR Policy. Specified Companies are those having net worth of Rs. Five hundred crore (Rs. 500 crore) or more or turnover of Rs. One Thousand Crore (Rs. 1000 crore) or more or a net profit of Rs. Five Crore (Rs. 5 crore) or more. As per requirement of the new Companies Act, 2013, HPPCL Policy of Corporate Social Responsibility (CSR) has been formulated 77 ‘Communication Needs Assessment Study’ of Himachal Pradesh (HP) hydro power development was conducted during May-July 2012 reflected that PAF families generally don’t trust project developers and believe the project developers are only interested in profits, time lines, obtaining NOCs as quickly as possible and minimizing the costs; promises are made only to obtain clearances & NOCs and the project authorities do not intend to fulfil them; projects will impose heavy and unforeseen socio ecological costs and these costs of interfering with ecology are not adequately factored in the projects. The non-project affected population and local NGOs are a very diverse group of stakeholders with diverse opinions, angsts, and negative bias while for public there is a ‘rational disinterest’. The media is supportive but stories of PAF sentiments are promoted for increasing viewer ship. The overall communication strategy is archaic, and role of PICs is not effective enough creating gaps, misinformation, and mistrust. In the absence of websites not updated regularly, people feel the need to visit the head office of HPPCL. The study also gave key recommendations and roadmap for an effective communication and stakeholder engagement. • Engagement: HPPCL considers public participation as an integral part of social and environmental assessment process of the project. It is used as a tool to inform and educate stakeholders about the project. - Consultation is undertaken with a range of stakeholders including people of affected area, members of the affected households, officials of the district administration, other Government Departments, and elected members of the local Panchayats. - Different techniques of consultation with stakeholders are used viz. public meetings, group discussions, personal interaction etc. - The RR Staff posted at Project Office disseminate information and request villagers to attend the public consultation meetings. To encourage the participation of local people in the consultation process, the awareness is also spread through co- ordinators, Mahila Mandals etc. - Consultations and discussions are started during project preparatory stage for obtaining No Objection Certificates (NOCs) for construction of Project from the concerned Gram Panchayats, NoCs under FRA 2006, Social Impact Assessment, Environment Impact Assessment, Public Hearing etc. - Once the project layout is finalized, the process of identification of stakeholders is initiated. HPPCL Land Acquisition Cell prepares complete details of land records (forest land, government land and private land) required for the project. The identification of project affected persons/families (primary stakeholders) is done through revenue record, Panchayat parivar registers etc. - Both, formal and informal38 consultations are conducted with PAFs. Consultation with the stakeholders is not only held during preparatory stage, but also continues during construction of the project. - Project level RR staff maintains direct contact with stakeholders and keeps them aware about the project and welfare activities being carried out by the organisation. - Public consultation & Public Hearing are organized while carrying out Social Impact Assessment and Environment Impact Assessment respectively. - The compliance/monitoring report with respect of the commitments made to the PAFs during Public Hearing is also submitted to MoEFCC along with the report on conditions included for Environment & Forest Clearance. e. Grievance redressal mechanism • HPPCL has designated RR staff for every project. The staff is responsible for evolving and maintaining mutually beneficial, harmonious, and sustainable relationship with PAFs. RR Staff 38For example, in Kinnaur Distt HPPCL is implementing two projects viz Kashang and Shongtong-Karchham HEP. In the initial stage, to convince the affected families about the project and to disseminate the information about R&R benefits, the R&R staff visited the affected families regularly, some of the meetings were not recorded or documented and were rather informal in nature. 78 is the focal point for receiving community inputs for focusing the ongoing R&R measures, improving implementation procedures, obtaining response or grievance of communities. • To receive and facilitate the concerns and grievances of affected families about physical and economic displacement and other project impacts, HPPCL has established a Public Information Centres (PICs) in projects at accessible places39, where PAFs can easily register their complain/grievance. • In addition, HPPCL has established a Grievance Redressal mechanism by constituting the Grievance Redress Committee (GRC) in every project. Apart from the representative of Project Proponent, representatives of District Administration, Project Affected Families and representative of Project Affected Panchayat are members of GRC. The grievances are first addressed at the PIC by the Resettlement Staff/HoP and unresolved issues are placed before GRC. The project team shared that so far, no serious Grievance has been brought to the GRC. There are no pending grievances - all the Grievances have been resolved at project level or otherwise at corporate level • Over and above this mechanism there is a portal of Hon’ble CM of State in the name of “Mukhya Mantri Sewa Sankalp” which can be accessed by any individual for any complaint. This portal has different levels of authorities and timelines for redressal of grievances and its working is monitored by CM office. • For improved job satisfaction, efficiency, and healthy work environment, HPPCL has a GRM for all, staff barring those deemed to be employed under Factories Act, 1948 - The complainant can either approach the Supervisor40 or write a complaint to HR or raise the complaint during the Grievance Day held every quarter. - Types of complaints covered under the system are implementation of policies, leaves, increment, benefits or any other. - Types of complaints not covered under the GRM system: annual performance, promotion, confidential reports, discharge or dismissal, disciplinary action, grievance not related to the complainant - Stages for complaint management begins with the supervisor/unit to resolve complaint in 7 days of filling; if employee is not satisfied, then he/she fill Form-I, if still the problem is unresolved41, then reach to the Managing Director - All grievances duly recorded, and register maintained by the Personnel Department f. Social Inclusion • There are specific R&R Benefits for PAF’s belonging to ST & SC42.In case the families loose access to forest due to the project a special plan will be formulated for development of alternate fuel, fodder and non-timber forest produce. Each PAF of ST followed by SC categories shall be given preference in allotment of land, if any land is available. Each ST family will receive an addition one-time financial assistance of 500 days minimum wages for labour for loss of customary right’s or usage of forest produce. ST. PAF’s will be resettled as far as possible in the same scheduled area in a block so that they can retain their ethnic, linguistic and cultural identity. The resettlement area prominently inhabited by ST’s shall get 1000 Sqm. Land free of cost for community and religious gatherings. The ST’s families resettled out of the district will get 25% higher resettlement grant 39 Public Information Centre (PIC) which are set up at a central location of PAA. The PICs remained opened twice/thrice a week and R&R officers were operating the PICs and disseminating the information about R&R benefits. PAFs also approach the PICs for redressal of their grievances. 40 Executives reporting to the Managing Director can approach directly for grievances. Executives below them to approach respective Directors for any complaints. Employee may reach out to any other employee for resolution of grievance. 41In case of women employee, the Sr. Executive Woman Officer to be associated to hear and solve the compliant. In case of PwD employee, special form is made available by HPPCL. 42 HPPCL: Standard R&R Plan of all projects of HPPCL as revised following GoHP Notification up to 2nd April 2012. 79 • Under CSR, HPPCL plans to make contribution to the Prime Minister’s National Relief Fund /Chief Minister’s Relief Fund, or any other fund set up by the Central Government for socio economic development and relief and welfare of the Schedule Castes, the Scheduled Tribes, others backward classes, minorities & women • In addition to personal interaction, HPPCL prefers the public platform for consultation with stakeholders where equal opportunity is given to all the sections of PAFs/society including women, poor, and differently abled, SC/ST / OBC helps in building partnership among PAFs. Therefore, HPPCL’s RR Officer/officials regularly attend the meetings of Gram Sabhas of the affected panchayats where demands of all the people are recorded and effort is made to address the concerns of PAFs. • As per RR Plan, HPPCL provides annuity to disabled, destitute, orphans, widows, unmarried girls (with no financial support), abandoned women, or poor persons above fifty years of age (who are unsupported). HPPCL can provide employment to the vulnerable PAFs subject to availability of post and fulfilling of qualification criteria. Due to non-compliance of any of the criteria it is not possible for HPPCL to provide employment thus HPPCL is providing annuity policy for Rs. 1000/- per month for 10 years after declaration of vulnerable PAFs by concerned Deputy Commissioner. In special circumstances any family losing its source of livelihood completely and not in a position to take up employment in the Project is given one time grant equivalent to 1000 days wages. ST families are given one-time financial assistance of 500 days minimum wages for labour for loss of customary rights or usage of forest produce. Special provisions for differently abled students have also been kept under School Competition Scheme. Among the Community Based Organizations, Mahila Mandals (women groups) are also provided with financial support for income generating activities. • As far as Equal Opportunity Policy for Women and other marginalized groups (ST/SC, OBC), HPPCL follows Guidelines / Instructions of State of Himachal Pradesh. Further, as regards equal opportunity Policy for Person with Disability, HPPCL has notified the same under Rights of Persons with Disabilities Act. There is also a separate grievance register maintained by HPPCL to record grievances of the persons with disabilities. • The figure shows that HPPCL has recruited staff from different vulnerable groups including economically weaker classes, ex- servicemen, sportsperson, children of Figure 12: Staff of HPPCL as per different categories of vulnerability freedom fighters. g. Gender: • Out of 536 employees, 74 are women (14%), all of whom are permanent employees. • Women comprise 4% of the staff in technical roles and 10% of the staff in non-technical roles. 80 • As per Policy Statement for Manpower Recruitment, Direct Recruitment Procedure Manual, Recruitment and Promotion Rules (Promotion of Executives, Promotion of Supervisors and Promotion of Workmen) of HPPCL) Reservation Policy / instruction as applicable in the State of Himachal Pradesh have been adopted by HPPCL. • As far as HPPCL is concerned, HPPCL till date follows State Government Policies beside compliance to Central Statutes viz Maternity Benefit Act, POSH Act, etc. Further, HPPCL adopts a zero tolerance towards any misdemeanour, ensures safety and wellbeing of women in late hours and equal treatment of all employees • In compliance with the POSH Act, HPPCL has duly constituted a Complaint Committees for every Project for considering complaints of sexual harassment of women working in HPPCL. The composition of the Complaints Committee is regularly revised after transfer etc. of the existing Chairperson/Member. The Internal Complaints Committee’s major functions entail: implementation of the policies relating to the prevention of sexual harassment, strive to resolve complaints by the aggrieved complainant, and recommend actions to be taken by the employer. The meetings of the ICC are held as and when required. To spread awareness, the posters displaying the penal consequences of sexual harassments; the order regarding Internal complaint committee; declare the names and contact details of all members of the IC etc. HPPCL organizes workshops and awareness programmes at regular intervals for sensitizing employees on the issues and implications of workplace sexual harassment and also organizes orientation programmes for members of the IC. HPPCL has also incorporated the provisions of ibid Act in Service Rules under Rule 12B. • Initial findings from an independent Gender Study undertaken during the preparation of ESSA: Table 7 Strengths Weaknesses/Gap Opportunities • All central and state Lack of support, facilities, Focus on some physical facilities government policies and motivation for women like CCTV, office vehicle with applicable to government staff to take transfers to dedicated pick and drop routes, employees non-family duty stations re-establish complaint box in the • ICC, training plan, CSR new office; Explore networks and program to be implemented linkages for working with women soon with focus on wider SHGs/micro enterprises and societal benefits (inc. women centric organizations assistance to women/SHGs directly in the workings of the where possible), utility as a part of its CSR apprenticeship program mandate. This can be tracked • Safe office drops services for through indicators like: No. of women staff working after women friendly provisions office hours, informal case to introduced in the organization; case office adjustments for No. of WSHGs or Women pregnant staff, office breaks entrepreneurs supported under for nursing mothers CSR h. Labour Management: HPPCL is a state government undertaking formed under Companies Act, 1956 [revised in 2013]. All the laws in force within the jurisdiction of the Himachal Pradesh or India are applicable to HPPCL. The relevant laws themselves delineate the extent of their coverage and applicability and the penalty for any laxity, thereby enforcing them automatically. No separate orders/instructions are required to be issued with respect to applicability of laws. This can be understood from the fact that various projects under HPPCL have obtained Certificate of 81 Registration under relevant section of Contract Labour (Regulation and Abolition) Act, 1970. Also, the employees of HPPCL are covered under the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952. HPPCL has further ensured that the labour on the role of contractor/ sub- contractor is also covered under the ibid act to ensure their social security. Similarly, other related acts like maternity benefit 1961, Workmen compensation Act 1923, Employees’ State Insurance Act, 1948 etc. are also applicable in HPPCL. [ may refer Annexure-I in respect of Shongtong- Karchham HEP, Renukaji Dam Project, Design office Sundernagar, Thana Plaun HEP and Sainj HEP]. Another example is in respect of Sawra Kuddu HEP where Consent to operate u/s 25/26 of Water (Prevention & Control of Pollution) Act, 1974 and u/s 21 of Air (Prevention & Control of Pollution) Act., 1981 has been granted. • HPPCL also issues general instructions, time to time, to all its privately engaged Company Contractors and Outsource Contractor to abide by these laws, to keep the labour unrest at bay. Regular meetings are held with the representatives of labour unions on Project site to address the issues related to working hours and other facilities as per the laws. • In case of direct workers, the HPPCL is responsible for redressal of worker related grievances following the State Government, Government of India Rules and Regulations and provisions. HPPCL has formulated a Grievance Redressal Procedure. The details of accidents are duly maintained. Wherever applicable the compensation is provided under the Workmen Compensation Act, 1923. Furthermore, the State Government has setup a dedicated Labour Department that monitors and ensures proper implementation and redressal of grievances as per provisions contained in various labour laws from time to time. • In case of Contract labour & outsourced services, HPPCL ensures proper compliance with the provisions of Contract Labour (Regulation & Abolition) Act, 1970 while dealing the matter of outsourcing of services. HPPCL has centralized Personnel & Administration (P&A) wing as well as Relief & Rehabilitation (R&R) wing at Head Office and dedicated personnel in both categories are deployed at every Project to resolve conflicts between migrants & locals • HPPCL adheres strictly to the provision of Hydro Policy, 2006 (Chapter-V) of HP Government and employ at least 70% of its total manpower from amongst bonafide Himachalis, both on direct roll of Company as well as on the roll of contractor/sub- contractor. Out of the 537 employees on direct roll as on January, 2022, 95.90 percent are Himachalis, across 10 projects/ offices under HPPCL. However, information of workers employed by the contractors is not available to assess the status of employment. • Other benefits includes employment in the project construction activities to affected people; Small contracts upto Rs 5 lakh given to local people on preferential basis; Engagement of vehicles from local population; Outsourcing of services through local contractors; Skill Upgradation of PAFs by providing vocational training to them; Merit & Support Scholarship to the wards of PAFs. Examples: In Renuka Dam Project 183 candidates have been trained by HPPCL through various Industrial Training Institutes with an expenditure of Rs. 71.70 lakh, in Shongtong Karchham HEP Merit Scholarship has been provided to 535 students by incurring an expenditure of Rs. 49.00 lakh, in Sawra Kuddu HEP 325 petty contracts amounting to Rs. 15.23 crore has been awarded to 85 contractors belonging to project affected families. WIn Integrated Kashang HEP 25 vehicle has been hired from PAFs and expenditure of an amount of Rs. 1.83 crore has been incurred on the same. W (See Annex 6 for further details) 82 i. Capacity Strengthening and Training: HPPCL recognizes the role of training programme, seminar, convention, workshop, symposium, presentation, higher education, training/ certificate courses or any other structured learning or developmental programme, based on organizational needs and/or Training Need Identification process. These courses are not only restricted to environment staff but extended to all project engineers and contractor staff. It aims to tune the officials and contractors to become compliant to environmental imperatives e.g. construction of STP or putting air quality sensors inside the tunnels. The training policy also aims at: skill upgradation; creating specialist; motivate employees; improve management and team spirit; and Develop individuals for higher responsibilities within the organization and to increase their level of consciousness, sensitivity and environmental safety. The figure below maps the facets of HPPCL’s training portfolio: Figure 13: Facets of training portfolio at HPPCL • Some of the expert centres include: Himachal Pradesh Institute of Public Administration; Hydel Training Institute of SJVNL; Line Man Training Centre Institute of HPSEB; Administration Staff College of India; IIMS; Engineering Staff College of India; National Power Training Institute Faridabad; PMRI Noida, belonging to NTPC; PSTI, Bangalore; IIT’s; ADB; ASCI Hyderabad etc. Under the Capacity Building Programme, HPPCL regularly organize/nominate officers /officials working in Environment & R&R Cell for training to enhance the knowledge on social/environmental safeguard policies, best practices & operational guidelines, globally practiced and they constantly update their knowledge and skills by having interactions with agencies engaged in execution of similar projects • Capacity development programmes in respect of social and environmental safeguards include but not limited to the following: Capacity building programmes (Environmental & Social) for Executing Agencies; Climate Change and Disaster Management; Clean Development Mechanism (CDM); Corporate Social Responsibility; Land Acquisition- Addressing implementation issues in Social Assessment & Recognition of Forest Rights; ADB Safeguard procedures; Advance Environment Safeguards; Advance Social Safeguard procedure; Orientation on Social & Environment safeguard procedures; Awareness workshop on RFCTLAR&R Act, 2013; Workshop for preparation of detailed project report for rejuvenation of Indus River basin through forestry; Effect on water security. HPPCL also train and engage with villagers affected by the project to create awareness about the utility and essentiality of hydropower projects and the true extent of their side effects both positive and negative on the surroundings and their livelihoods. 2.2.3.2 Program Activities and associated Social and Environment Impacts 83 Activities Social Implications Environment Implications Bundling of hydro DPRs to be reviewed for social risks Underground excavation, blasting of rocks Power with renewable and impacts. and movement of vehicles during haulage power and of excavated rock material and muck implementation of the disposal, during construction of long mechanism tunnels for run-of-the-river projects, causes localized air (mainly SOx, NOx and Preparation of DPRs CO2) and noise pollution. and financing plans for Pollution is caused by oil and silt flow from Renukaji and Thana these tunnels. Plaun Pump storage Pollution is generated from residential projects, etc colonies of workers and staff. Pondage and withdrawal of water in the tunnels changes the hydrology, limnology and flow regime of streams in the downstream. There could also be loss of flow in downstream during dry season. Aquatic life could be affected due to variations in natural flow of rivers and streams. Strengthening • Strengthening capacity of staff governance capacities following the need assessment of power utility with special focus on women to (training, GRM system, develop and implement a procurement manuals, structured training plan. transition to SAP platforms, office • Review of existing E&S norms automation, web-based and system, gap analysis and system for real time upgradation. monitoring) Setting up independent single trading desk and operationalize it. 84 2.2.3.3 Assessment Against Core Principles Core Principle #1: Program E&S management systems are designed to (a) promote E&S sustainability in the Program design; (b) avoid, minimize, or mitigate adverse impacts; and (c) promote informed decision-making relating to a Program’s E&S effects. Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT • The legal framework at national and state level is robust • The funds allocated for LADF remains grossly under utilised, and the utilities take cognizance of it in its systems and resulting in gaps in mitigating the adverse impacts • The R&R policy needs to be updated to practices. • There is no structured mechanism for monitoring and align with the RFCTLAR&R Act 2013. • HPPCL has an E&S policy and provisions as well as reporting evaluating the cumulative social impacts on the community • Unlocking the LADF with improved and tracking mechanisms. and the measures taken to compensate and resettle and institutional mechanism for • During project preparatory gram sabhas, public rehabilitate the affected disbursement of the entitlements. consultations, public hearing etc are organized. Further, RR staff maintains direct contact with PAFs and keep them aware about the project and welfare activities being carried out by the organization • HPPCL has appointed the co-ordinators from the project area who are the effective mean of two-way communication between HPPCL and local people. Another mean being used by HPPCL to get familiar with the mindset of local people is the involvement of Community Based Organizations (Mahila Mandal, Yuvak Mandal) in the sensitization work • HPPCL has established a Grievance Redressal mechanism by constituting the Grievance Redressal Committee (GRC) in every project. Apart from the representative of Project Proponent, representatives of District Administration, Project Affected Families and Project Affected Panchayat are the members of GRC. Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • Present legislative framework contained in the umbrella • Environmental systems are project and regulatory • There is an opportunity to develop ESPP that EPA, 1986; the Water Act, 1974; the Water Cess Act, 1977; requirement specific. These projects' specific efforts need an aligns with national and state laws and and the Air Act, 1981. The legal framework in respect of integrated system to address environmental and other climate global standards for management of E&S management of forest and biodiversity is contained in the risks and be duly documented, approved within their risks. Developing an program E&S manual Indian Forest Act, 1927; the FCA, 1980; the Wild Life competent approving authorities for regular implementation. providing step-by-step instructions on how (Protection) Act, 1972; and the Biodiversity Act, to develop and implement a management 85 2002.Existing regulatory framework have well laid down Further there should be no exemption depending on system addressing common environmental, screening and scoping mechanisms, has been adopted by mandatory regulatory or funding requirements. occupational health and safety (OHS), labor, HPPCL. • The existing system of post project monitoring need further and community risks and impacts that such • HPPCL follows rules spelled out in the EPA 1986, EIA strengthening. This process involves other Departments & projects are likely to face should be Notification 2006 and Hydro Power Policy, 2006 for Third Party thus information flow on gaps, action taken and prepared. identification of measures to mitigate environmental inter-departmental co-ordination need system specific • Adopt web-based Monitoring and Evaluation impacts and make financial provisions for the same. To approach. (M&E) systems to monitor E&S risk mitigate the adverse environmental & social impacts, EMP • Though required environmental skill are in place but ESMU management for evidence-based reporting & SMP are prepared through qualified and experienced need guidance on bio-diversity management. • HPPCL is equipped with systems and skills to agency considering all national laws and regulations. • The state has taken all positive strides and developed CIA identify, address and monitor environment • Policy outlines plans viz., Greenbelt Development Plan; reports for 5 river basins, however, with bundle operation issues. These will be further strengthened Wildlife Management, Development and Biodiversity these may require a relook not only on cumulative with basin level environmental monitoring Conservation Plan; Muck Management Plan; Restoration environmental and social impacts but also on biodiversity, integrated at the level of Department of Plan for Quarry-sites; Landscape Restoration Plans. aquatic, downstream usage of water and benefit sharing Energy and enhancing sustainability • HPPCL sites its projects in a way that minimizes impact on mechanisms than those already in practice. The state thus has framework Based on existing gap analysis of eco-sensitive zones, wildlife sanctuaries, national parks by to revisit existing CEIAs, CAT Plans, vulnerability analysis of cumulative environmental and social identifying resources with “Incomparable Value”. terrain from disaster management and other notifications and assessments , program will support technical Preference given to the run of the river (RoR) projects procedures on e-flows, crop damage and local area • HPPCL has moved away from the conventional method of , environmental and social sustainability development fund so that hydro power development and assessing impacts on a project-by-project basis to a river operation and maintenance be environmentally and socially protocols to bench mark existing , basin approach. The state conducted CEIAs in three out of sustainable. operational and pipeline projects during 5 river basins. Rest two is under finalization. Moreover, • course of the project. comprehensive Catchment Area Treatment Plans are in • A comprehensive gap analysis of existing place cumulative environmental and social • HPPCL have clear institutional responsibilities and assessments is required to develop a road resources to support implementation of environmental map for comprehensive strategic document management plans. ESMU/HPPCL in place for for basin wide environmental and social documentation and preparation of EIA, ESMP in sustainability in future including reformist coordination with consultants. Dedicated and trained E&S actions on policies and institutions, if staffs are present in HPPCL. ESMU must ensure to bring on needed. This is recommended to take up board different experts like air, hydrology, biodiversity, Comprehensive Cumulative Environmental etc. • Each project of HPPCL has separate EIA & EMP Report. EIA and Social Study for benchmarking basin Report incorporate the impact on hydrological regime, wide E&S protocols and benchmarking downstream flows, territorial and aquatic biodiversity projects from environmental, social and including primary survey for migratory fishes, soil erosion and technical sustainable parameters based on sediment movement, catchment area treatment, vulnerability suggestions provided in gap analysis study. risk assessments from landslides etc. To address the above 86 mentioned impacts proper mitigation measures have been • Capacity Development of E&S risk provisioned under the EMP document management – (a) Develop HR (Human • Ensures complete transparency with different Resources) policy for appointment of stakeholders. Compliance reports are filed on regular basis dedicated key E&S experts in HPPCL as staff to different authorities. including need based hiring of contractual • Well defines public disclosure and public consultation as specialized skills on bio-diversity, aquatic well as dissemination of relevant information at different ecology and dam safety, (b) training need stages of project is ensured • An Administrator (officer not below the rank of JC or AC or assessment, prepare training calender DC or equivalent official of Revenue Department), including target group and its responsible for R&R Plan at the State Level and a implementation and develop the ICT Commissioner (an officer of the rank of Commissioner or (Information and Communication Secretary of that Government) are appointed by the State Technology) tool for monitoring and creating Government for implementation of R&R measures. the data base of trained personnel. • A Grievance Redressal mechanism is developed in accordance with the ESMF, which includes procedure for recording/documenting key information, and evaluating and responding to the complaints, as per time frame stipulated in GRM. All concerns received/raised through the GRM are to be addressed earnestly, transparently and in a time bound manner, without retribution to the grieved/ affected person(s). Core Principle #2: Program E&S management systems are designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • HPPCL sites its projects in such a way that minimizes • Inclusion of data on natural habitats and cultural heritage in • ESPP and E&S manual to promote E&S impact on eco-sensitive zones by identifying resources the post project monitoring system is unclear, integrating sustainability, even for projects those are with “Incomparable Value”. such data will further strengthen the smooth functioning of beyond regulatory clearances are required • Eco friendly communication means like ropeways are the projects in compliance with this core principles. to adopt uniform system across all planned adopted to replace the modes involving tree cutting like activities to ;(a) design and screen the roads as HPPCL avoids ecologically sensitive areas, eco- • Integration of an all-encompassing monitoring and evaluation activities to avoid, minimize, or mitigate sensitive zones, dense forest, Wildlife Sanctuaries and system for an effortless execution of projects is lacking. adverse impacts on natural habitats and National Parks as far as possible. physical cultural resources;(b) avoid, • In case traversing forestland is unavoidable, clearance minimize, or mitigate adverse impacts; (c) from the forest authorities is obtained under the Forest (Conservation) Act, 1980 and under all other relevant laws promote informed decision-making relating and regulations relating thereto. to Program’s E&S effects; and (d) 87 • For finalizing site, all possible efforts are made to avoid implementing evidence based evaluation forest area or to keep it to the barest minimum. If and monitoring arrangements. unavoidable due to the geography of the terrain or heavy • Effective Environmental Monitoring systems cost involved, different alternative options are considered to be set up backed up with a dashboard for to minimize the requirement of forest area integrated monitoring. • Biodiversity Conservation, Management Plan, CAT Plan, • In ESPP detailed procedure for monitoring Fishery Conservation Plan and Green belt development and evaluation need to be incorporated Plan etc is an integral part of EMP. including frequency of monitoring, • The double check approach (1st from State Environment information of non-compliances and best Authority for 25-50 MW projects or MoEF&CC for >50 MW practices, inter-agency co-ordination with projects, and then seeking ‘Consent to Establish’ and monitoring agencies and closure of non- ‘Consent to Operate’ from State Pollution Control Board compliances. ensures no significant conversion or degradation of critical natural habitats. • HPPCL is committed to protect the archaeological sites, as evident by the construction of protection walls at Sawra- Kuddu HEP, to protect the two archaeological sites. Even in the future if any protection measures shall require to protect the archaeological sites HPPCL intends to provide the same Core Principle #3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT • Adequate legal provisions in the national and state laws • As per the EMP, the following facilities are provides: Provision Under the P4R, HPPTCL can pilot and roll out which are a part of the bid documents for all projects of Fuel; Solid Waste Management; dispensary had been labour law compliance tools which provide • Monthly reports submitted from each of the projects opened at project site with one Doctor, one Pharmacist and systematic, simple, and real time tracking by the includes key performance indicators on labour medical aids; HPPCL has also introduced a project level contractors and Utilities. The P4R also provides management medical fund scheme to cater the demand of the local an opportunity to streamline Labour inhabitants as the project is located at remote area with Management Procedures, Labour Management limited or no access to medical facilities; Provision for Plans and Labour Influx Management to ensure Electricity; Sewage Treatment Plant; Potable water collection safety of individual, direct, indirect, contracted, and storage (bore wells, upstream river) sub-contracted and community labour as well as • management of risks in case of labour influx and impact on host communities. Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT 88 • HPPCL possesses the system and capacity to implement the Most environmental systems are project specific and based on Streamline and integrate reporting practices environmental safety guidelines laid in their Hydro Policies. regulatory or funding requirements. Again, these projects specific that will guide operational practices and report Operation manuals, safety manuals and Disaster or implementation agency specific efforts needs an integrated (a) exposure to toxic chemicals, hazardous Management Plans are in place for every project place to system to address environmental and other climate risks and be wastes, and otherwise dangerous materials used avoid, minimize or mitigate community, individual and duly documented, approved within their competent approving in renewable energy generation; and (d) worker risks, authorities for regular implementation. reconstruction or rehabilitation of infrastructure • As a part of HPPCL’s procedures and practices, public and located in areas prone to natural hazards worker safety are an integral part. There will be provisions incorporating recommendations from District An efficient monitoring and evaluation system to ensure for public and worker safety as part of the bid/ contract Disaster management Plans and other safety compliance to public and health safety measure is unavailable. issues.(c) emergency response systems and documents. HPPCL’s Plan and policy is included the following: accident and incident reporting (i) Protective footwear and protective goggles to all workers (ii) Protective goggles and clothing to workers engaged in stone breaking activities, welding activities etc. (iii) Earplugs to workers exposed to loud noise, crushing, compaction, or concrete etc. (iv) Helmets & Boots for workers working underground and in open excavation areas. • At HPPCL, explosives for blasting of rocks are stored and used according to the Guidelines for Storage and Handling of Hazardous Materials. • Used transformer oil is categorized as hazardous according to the Hazardous Waste (Management and Handling) Rules 2003. HPPCL involves experts and licensed/registered agency in disposal of used gas, oil and other input materials in an environmentally compatible manner. • Policy at HPPCL ensures the setting up of dispensaries and first-aid equipment under the control of a qualified doctor. • Sensors in underground tunnels are used to ensure safe air for the workers, especially after blasting operations • Residential colonies for workers designed for minimum water and solid waste pollution • Disaster Management Plan (Weir Safety and Maintenance Manual), Emergency Action Plan (EAP), Evacuation Plan and Pandemic Alert are in place to avoid, minimize or mitigate community, individual and worker risks 89 Core Principle #4: Program E&S systems manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards SOCIAL MANAGEMENT Strengths Weakness/Gaps Opportunities/Recommendations • Policies are robust (Right to Fair Compensation and Tracking and monitoring done as per specific projects and not as Develop systems for regular and streamlined Transparency in Land Acquisition, Rehabilitation and per specific social management themes which makes it difficult to reporting to track activities and results in a Resettlement Act, 2013 and Himachal Pradesh Rules, understand the cumulative impacts of the institution as a whole comprehensive manner 2015. In addition, sectoral policies such as HPPCL’s Resettlement and Rehabilitation Policy, 2006 • To protect the interests of the project affected persons during construction stage of energy sector projects. The Tariff Policy, 2006 and Himachal Pradesh Land Area Development Fund enumerates adequate benefit sharing mechanisms for people adversely affected by hydropower projects. Core Principle #5: Program E&S systems give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities (hereafter referred to, interchangeably, as Tribals, Tribal Groups or Tribal Populations), and to the needs or concerns of vulnerable groups SOCIAL MANAGEMENT Strengths Weakness/Gaps Opportunities/Recommendations • HPPCL has several project and institutional level • Reporting on the mitigation measures and the laws • Streamline policies on social inclusion and mechanisms to ensure representation and inclusion of safeguarding the rights of the tribals remains adhoc and can develop indicators to track the tribals be strengthened • Conduct studies for assessing long term • Moreover, in the projects situated in tribal areas (Distt. impact and opportunities for improvement Kinnaur), HPPCL has recruited the RR staff from the Project affected families/project affected area who work in close liaison with the PAFs • HPPCL provides for specific R&R Benefits for PAF’s belonging to STs. In case the families loose access to forest due to the project a special plan will be formulated for development of alternate fuel, fodder and non-timber forest produce. Each ST PAF shall be given preference in allotment of land. Each ST family will receive an addition one-time financial assistance of 500 days minimum wages for labour for loss of customary right’s or usage of forest produce. ST PAF’s will be resettled as far as possible in the same scheduled area in a block so that they can retain their ethnic, linguistic and cultural identity. The 90 resettlement area prominently inhabited by STs shall get 1000 Sqm. land for community and religious gatherings. ST families resettled out of the district will get 25% higher resettlement grant. Core Principle #6: Program E&S systems avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes (Not Applicable) 91 92 2.2.3 HPSEBL The Himachal Pradesh State Electricity Board (HPSEB) was constituted on the first day of September 1971 in accordance with the Electricity (Supply) Act, 1948, which has been re-organized as Himachal Pradesh State Electricity Board Ltd. (HPSEBL) w.e.f. 14.06.2010 under Company Act.1956. HPSEBL is the only Distribution Company (DISCOM) in the State of Himachal Pradesh which is responsible for the supply of Uninterrupted, Quality & reliable power to all consumers within the State. Power to end consumers is being supplied through a vast network of Transmission, Sub-Transmission & Distribution lines laid in the State. Beside the Operation & Maintenance (O&M) of Distribution system in the State, HPSEBL is also looking after the O&M of EHV Transmission System & Generating Power Houses (owned by HPSEBL). After trifurcation new Generating stations & Transmission system are created, operated & maintained by Himachal Pradesh Power Corporation Limited (HPPCL) & Himachal Pradesh Power Transmission Corporation Limited (HPPTCL) respectively. Currently, the yearly consumption of the State is about 10,000 MUs out of which 88% of the requirement is being met from Hydro Power generation. HPSEBL is procuring power from Small Hydro Power Projects up to 25 MW and PPAs have been signed with Solar Power Projects for about 61 MW as mandated by HPERC. Out of these 30 MW capacities of Solar Power Projects and 503 MW capacity of Small Hydro Power Projects below 25 MW have been commissioned and power being procured by HPSEBL. The entire power generated from the projects having capacity up to 25 MW will be mandatorily purchased by HPSEBL at the HPERC determined tariff. The same shall be applicable to the projects which shall be commissioned after 15.05.2018. 2.2.4.1 Institutional structure, procedures, practices, and performance a. HPSEBL is in the only DISCOM in the State of Himachal Pradesh responsible for operating and maintaining of distribution system which includes both High Voltage (HV-below 66kV) and Extra High Voltage (EHV-66kV & above). Besides this, 27 generating stations with cumulative capacity of 489.35 MW (SHEP & HEPs) are also being operated & maintained by HPSEBL. HPSEBL is also entrusted with the works of Renovation & Modernization, Upgradation, Operation and Maintenance of existing power houses. Government of Himachal Pradesh has allotted Sai Kothi-I HEP (15 MW), Sai Kothi-II HEP (18 MW), Devi Kothi HEP (16 MW), Hail HEP (18 MW), Raison HEP (18 MW), New Nogli HEP (9 MW), Tikkar HEP (5 MW) & Kutahar HEP (5 MW) to HPSEBL for implementation. GoHP has also accorded in-principal approval to carry out the works of Survey & Investigation (S&I) for preparation of DPRs of Batseri (60 MW) and Khauli-II (5.5 MW) HEPs in favour of HPSEBL. b. At present 25,529 posts of various categories are sanctioned in HPSEBL, 18,491 posts are occupied by regular staff, contractual staff, and daily wage employees. Remaining 7038 posts of various categories are lying vacant. The Staff in 232 sub-divisions, field units at GE level and third-party inspections through consultants and HRD department are involved in managing E&S risks. c. The Chief Engineer is responsible for the implementation of Environmental Management Plan for all the works under their jurisdiction. HPSEBL has no special designated officer responsible to support Environmental Safeguard measures for the projects. Though the PIU is responsible for the E&S functions, there is no designated Chief Safety Officer. As of now, it is the Executing Officers in the 232 sub-divisions are responsible for addressing environmental and safety concerns within their jurisdiction. 93 d. The HPSEBL has prepared an Environmental & Social Impact Assessment (ESIA) & Environmental & Social Management Plan (ESMP) for the works being executed under Green Energy Corridor (GEC)-I Scheme funded by KfW. The duties of the PIU under the said program at site level are to: • Implement the environment policy guidelines and environmental good practices at the sites. • Advise and coordinate the contractor(s) activity towards effective environment management. • Liaise with the local officers of forest department, HPPCB and seek help of their officers in resolving environment monitoring related issues, wherever applicable. • Carry out environmental and social survey to avoid negative environmental impact. • Make the contractor staff aware of environmental and social issues so that EMP could be managed effectively. • Prepare periodic environment management and compliance reports e. The Project Management Unit (PMU) structure of HPSEBL for GEC-I scheme is as below: Figure 14: PMU Structure of HPSEBL The PMU is responsible for processing and implementing all project(s). Projects are monitored by qualified technical staff/experts (e.g. design and technical reports, feasibility studies, environmental and/or social assessments, and associated EMP’s and budgets), who also ensure and monitor compliance with kfw and Government safeguard requirements. In addition to this works under GEC-I scheme are also monitored by the Consultants i.e. M/s AECOm & PwC appointed by KfW. 94 ENVIRONMENTAL MANAGEMENT a. HPSEBL is committed to provide a safe working place environment to its authorized line staff and other stakeholders as an integral part of its business philosophy and values Regulation 12 of Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulation 2010 is followed for defining general safety requirements pertaining to construction, installation, protection, operation and maintenance of electric supply lines and apparatus. Material and strength, Regulation 55 of CEA(measures relating to Safety and Electric Supply) Regulation,2010; Joints, Regulation 56 of CEA (measures relating to Safety and Electric Supply) Regulation,2010; Maximum stresses, factors of safety, Regulation 57 of CEA(measures relating to Safety and Electric Supply) Regulation,2010; Clearance between conductors and trolley wires, Regulation 59 of CEA (measures relating to Safety and Electric Supply) Regulation,2010 are followed for Over- Head EHV/EHT & HT JLT Lines, Underground Cables & Sub Stations CEA Regulations Provision. For the current existing projects, violation/incidents and accidents are recorded & reported to the Senior Executive Engineer (E) PIU, who further notifies it to relevant enforcing authority. All these incidents/violations/ accidents are being formulated as per the guidelines/format of CEA and remedial measure are also shared with the field units by Chief Safety Officer (CSO) i.e. Chief Engineer (P&M) to avoid further accidents. b. The Contractor is required to prepare detailed Safety, Health and Environment Management Plans for implementing all the aspects of projects. ESMP should include plan for Environment, Social, health & safety, waste, emergency and debris disposal management plan etc. During location of sub stations HPSEBL ensures that construction facilities are placed at suitable distance from water bodies, natural flow paths, important ecological habitats and residential areas. Route/site selection for the projects are done on walk over surveys, usage of tools such as the forest atlas, revenue papers, survey of India maps of the area. They make all possible efforts to avoid Eco sensitive areas, Forest areas or to keep it to the barest minimum with consultation of all the stakeholders, any concern is addressed by incorporating the same into designs or mitigating the same by keeping the provisions in Environmental Monitoring Plans including budgetary provisions. c. In case of Hydro Power Projects, the project developer shall be required to obtain all the statutory/non statutory final clearances from the departments viz. Forest, I&PH, HPPWD, Fisheries, Pollution Control Board, Wildlife, Revenue etc, after paying the prescribed fee fixed by these departments, necessary for the implementation of the Project(s). To avoid, minimize and mitigate adverse impacts on physical cultural property (Places of worship, sacred areas, monuments, etc.) it is partly complied as part of technical reporting and funds are deposited to Local Area Development Committee for the development of the area. There is a need for an Environment and Social Management Unit or Cell for documentation, preparation, implementation and monitoring of EIA and ESMP for Hydro Power Generation Projects. A regulatory framework for obtaining mandatory clearances of hydro generation projects from SEIAA or EAC as per EIA Notification, 2006 as amended till date should be brought into place. There is no formal system to of avoid, minimise or mitigate environmental risks and impacts when regulatory or funding requirements are not there. HPSEBL developed ESMP for substation project to mitigate any adverse environmental impacts for Sub Station project under multilateral funding agency. This management plan clearly stated risks and impacts at different stages of project development and stated mitigation/management mechanism. The ESMP detailed out responsibility of monitoring key environmental, biological, ecological resources and human environment and institutional responsibility to address related 95 issues. The ESMP clearly states the mitigation measures to be taken against the potential environmental impacts during the pre-construction, construction and operation and maintenance stage of any project. This is clearly stated that Contractor shall be responsible for carrying out the work at the proposed site in full compliance with this ESMP and applicable National, State, KfW laws and WB regulations governing environmental and social impact management, pollution control, waste management, and occupational health and safety. However, in the event of any disparity between the World Bank Safeguards Policies and Indian acts, the World Bank safeguards policies shall prevail. Depending on the requirement briefed in the scheme/procedure of the funding agency, HPSEBL carries out the Environmental studies or Environmental Impact Assessment to identify and predict the impact of a project on the Soil, Water, Air, Flora, Fauna & Ecosystems etc. along with Land uses, landscape, cultural heritage including impacts on livelihood through environmental media, health and safety, vulnerable groups, and gender issues. f. Although minimum/negative impact on the Environmental & social aspects of the area is possible in distribution system, Stakeholder consultations are held during survey and opinion of other department are taken as per the requirement. In case of Transmission lines the FRA/FCA cases has been prepared as per guidelines of Ministry of Environment, Forest and Climate Change (MoEF&CC). A Joint Inspection Committee (including all the Stakeholders) has been formulated which gives its recommendation for the proposed site/location. g. For distribution system up to 33kV level preliminary walk surveys has been carried out for the selection of best possible route and due care has been taken to avoid adverse effects on natural habitats and physical cultural resources. To avoid, minimize and mitigate adverse effects on natural habitats and physical & cultural resources resulting from construction of a project (66kV & above), at least three alternatives to the project’s location/route are examined and their Potential Environmental impacts predicted and the particular alternative with least impacts is selected; A Joint Inspection Committee (including all the Stakeholders) is formulated which gives its recommendation for the proposed site/location; Carry out meaningful consultation with stakeholders, affected people, NGOs and different Government Departments. h. HPSEBL carries out the Environmental studies or Environmental Impact Assessment to identify and predict the impact of a project on the Soil, Water, Air, Flora, Fauna & Ecosystems etc. along with Land uses, landscape, cultural heritage including impacts on livelihood. Stakeholder consultations are held during survey and opinion of other department are taken as per the requirement • To avoid, minimize and mitigate adverse impacts on physical cultural property (Places of worship, sacred areas, monuments, etc.), funds are deposited to Local Area Development Committee for the development of the area. • The Contractor is responsible for carrying out the work at the proposed site in full compliance with this ESMP and applicable National, State, multilateral agency’s policies governing environmental and social risk management and occupational health and safety. ESMP should include plan for Environment, Social, health & safety, waste, emergency and debris disposal management plan etc. The project developer obtains all the statutory/non statutory final clearances from the departments viz. Forest, I&PH, HPPWD, Fisheries, Pollution Control Board, Wild Life, Revenue etc, after paying the prescribed fee fixed by these departments, necessary for the implementation of the Project(s). • During location of sub stations HPSEBL ensures that construction facilities are placed at suitable distance from water bodies, natural flow paths, important ecological habitats and residential areas. 96 • For distribution system up to 33kV level preliminary walk surveys has been carried out for the selection of best possible route and due care has been taken to avoid adverse effects on natural habitats and physical cultural resources. Site selection for the projects are done on walk over surveys, usage of tools such as the forest atlas, revenue papers, surveys is done. • To avoid, minimize and mitigate adverse effects on natural habitats and physical & cultural resources resulting from construction of a project (66kV & above), at least three alternatives to the project’s location/route are examined and their Potential Environmental impacts predicted and the particular alternative with least impacts is selected. • In case of Transmission lines, the FRA/FCA cases has been prepared as per guidelines of Ministry of Environment, Forest and Climate Change (MoEF&CC). A Joint Inspection Committee (including all the Stakeholders) has been formulated which gives its recommendation for the proposed site/location. • A Joint Inspection Committee (including all the Stakeholders) is formulated which gives its recommendation for the proposed site/location; Carry out meaningful consultation with stakeholders, affected people, NGOs and different Government Departments. i. For the current existing projects, violation/incidents and accidents are recorded & reported to the Senior Executive Engineer (E) PIU, who further notifies it to relevant enforcing authority. All these incidents/violations/ accidents are being formulated as per the guidelines/format of CEA and remedial measure are also shared with the field units by Chief Safety Officer (CSO) i.e. Chief Engineer (P&M) to avoid further accidents. Environmental Monitoring Plans have budgetary provisions for stakeholder consultations and to incorporate their concerns into designs or mitigating the same. An extensive basin wide strategic cumulative and trans- boundary impact analysis should be undertaken during the course of the project, which should facilitate bringing forth environmental and social sustainability framework for its projects. j. Emergency and Disaster Management Plan: It aims to prevent accidents through good design, operation, maintenance, and inspection, by which it is possible to reduce the risk of an accident though it is not possible to eliminate. The objective is to create emergency response at local level; eliminate possibilities of emergencies; and to minimize the effects of the accident on people and property from Electric Fire (Electrical Transformer; Transformer Yard and HT/LT Sub-Station; Electrical Cable Trenches, Electrical Shock, Fallen Power Lines, Working at Height, transformer oil spillage etc. The EDMP details the potential risks, action plans and institutional responsibility for all locations for project cycle that includes planning, implementation, and O&M of the works along with budgetary provisions. HPSEBL has a policy in place to provide relief to victims of fatal/ non-fatal accidents (outsourced/private person) vide letter No. HPSEBL (SECTT) IR-384/Relief-Policy to accidental victim (private person)/ 12- 27265-465 dated 18.06.2012 & HPSEBL (SECTT)/ R&E/ (EAS)/ outsource (Pvt. Per.)/ Rlief Policy to accidental victim/ 2020-8-228 dated 05-05-2020. A clause regarding ‘Insurance of Workmen’ is included in all work awards (work orders/ turnkey/ labour contracts etc) wherein the contractor is liable to pay compensation as admissible as per the rules/ policy to the workmen/ labour engaged who met with the accident. 97 SOCIAL MANAGEMENT a. Labor Law Compliance • India is currently in the process of consolidating all labour laws into four comprehensive Labour Codes which regulate: (i) Wages, (ii) Industrial Relations, (iii) Social Security, and (iv) Occupational Safety, Health and Working Conditions. These Codes have been passed by Parliament and have received Presidential Assent. Draft National Rules for operationalising the Codes have been circulated for comments but have not been passed yet. Since labour falls under the Concurrent list, both, the central and state governments are empowered to legislate on the subject. The Himachal Pradesh Government has enacted the labor codes and farmed rules. Thus, for implementation of these Codes, Rules under these must be notified by central as well as the GoHP for enforcing these in the state. For now, national and state labour legislation, with reference to terms and conditions of work, compensation and benefits will still be applicable. • HPSEBL maintains record of following working population in the project areas: Main workers, cultivators, agriculture laborers, HH industries, other workers, marginal workers, non-working. • The HPSEBL has an Electrical Safety Manual & General Safety Instruction manual. The instructions regarding Compliance of Provisions of CEA Regulations, installation of various equipment are also issued and being followed in HPSEBL. HPSEBL has also policy/scheme for providing compensation/relief to accident victims. In addition to this HPSEBL has also issued instructions regarding Insurance of Personal engaged in HPSEBL works. The Chief Safety Officers manage issues related to fatalities and accidents and accordingly take precautions. The accidents recorded is 69 of in 2020-21 as given below: Detail of Accidents during FY 2020-21 Description Human Animals Total Electrical 16 47 6 0 69 Accidents • For the current existing projects, violation/incidents and accidents are recorded & reported to the Senior Executive Engineer (E) PIU, who further notifies it to relevant enforcing authority. All these incidents/violations/ accidents are being formulated as per the guidelines/format of CEA and remedial measure are also shared with the field units by Chief Safety Officer (CSO) i.e., Chief Engineer (P&M) to avoid further accidents. k. Land management: • The Technical Assessment carried out for the P4R by the World Bank shows that on several occasions while the land is identified, the time taken for sourcing of government or private land is very high and delays the timelines of the work. Secondly, where private land is involved, the process for land procurement becomes lengthy and difficult. Third, most of the right of way issues are related to the construction of 33 KV lines as the tower footing increases drastically as compared to 22 or 11 kV lines. Often such lines pass through agricultural fields where the land purchase could be difficult. The compensation awarded for land acquisition often led to agitations and prolonged the execution period. The construction activities also causes discomfort for the people in the surrounding areas. • The Land Acquisition Officers with head quarter at Mandi is working in the HPSEBL under the Administrative control of Executive Director (Personnel). They are dealing with all cases relating to Land Acquisition and compensation in the HPSEBL. 98 • HPSEBL requires land for hydro projects, sub-station etc. for which land is either purchased through negotiations for which a committee is formed (GO dated 17/10/2018) or acquired under the RFTCLAR&R Act 2013. The Government Order (dated 17/10/2020) lays down the rules for determining the compensation. o The provisions of Schedule 1 and 2 of the RFCTLAR&R is applicable for sub-station. o In the case of Tower Footing HPSEBL secures easement rights from the landowner. The compensation amount is 200% of the circle rate and is offered to the landowner without consultation for the land. Compensation for crop, trees/structures is evaluated by Departments of Agriculture, Horticulture, Forest or Revenue as applicable. o Departments of Agriculture, Horticulture, Forest or Revenue as applicable will assess the damages or loss to crops and trees for the route of transmission lines for compensating the landowners. o In terms of location of land is ensured to be away from waterbodies so it may not impact water resources on which the nearby communities are dependent. o Management of construction related impact is incorporated in the contract/bid documents. o For Smart Grid proposed for 13 towns, as the project involves a large existing 11 KV infrastructure spread. The DPR mentions risks related to constructional issues like: Laying of OFC cable on existing poles/ towers within town area l. Citizen Engagement • HPSEBL has a Public Relation Unit for publicity and coverage of various activities of the HPSEBL in Press, All India Radio, TV etc. The Public Relation Cell has mainly undertaken following activities during the year 2020-21: Attending to Public grievances and constant interactions with concerned field offices/units; Information dissemination and information resource management relating to HPSEBL’s activities through mass media; Press release, display Advertisement43; Regular and constant liaison with public representatives, civil administration, various Govt./ Semi Govt. departments, system power utilities and other organizations/ agencies explicitly/implicitly connected with the activities of the Board for the purpose of furtherance and smoothening the general interest of the HPSEBL; Organising exhibitions; Republic Day Tableau, Fairs, Live shows on TV and in-house training program Divisions. • Since HPSEBL is a service provisioning agency, they are required to have a direct and continuous engagement with citizens. To ensure quality service delivery, a Consumer satisfaction index has been developed based on which some form of assessment is carried out, but these assessments are not quantified or systematically documented. m. Grievance Redressal • In India there is a four-digit common number (1912) allotted for electricity complaints. All operational and customer related systems are integrated with CCC so that the call agent can address all types of queries from the customers. At HPSEBL, the office of Chief Engineer, Planning Systems is responsible for overall redressal of complaints. All complaints are given to this office to address or received from different modes. 43293 press releases, 17 display advertisement to highlight the activities of the Board have been issued. Maintaining regular contact and relations with Press, Print & Electronic Media, News Agencies and Consumers etc. Release of 553 classified advertisements to various newspapers at HPSEBL level, 8 inaugurations and 13 foundation stone ceremonies were organized during the year 99 • There are four ways to settle consumer grievances: (i) Dispute Settlement Committees; (ii) Forum For redressal Of Grievances of consumers: HPSEB Board has constituted a Consumer Grievances Redressal Forum (CGRF) vide orders dated 21/06/200544. Complaints be lodged online, telephonically, via mail as well as in person. Contact information of key officials as well as field officials are available only on the website. The HPSEBL website provides details of complaints received and addressed since April 2017 till date. It includes number of grievances, closed, pending (including long pending), unique complaint ID, nature of complaint and status.; (iii) Ombudsman45: Regulatory Commission has appointed the Ombudsman for redressal of the complaints of the consumers who are aggrieved by an order made by the Forum or whose complaint is not redressed by the Forum; (iv) Constitution of Bijlee Adalats: HPSEB organizes Bijlee Adalats regularly to redress consumers problems /grievances to redress the grievances of the consumers except billing disputes for which Board has set up a separate Grievance redressal mechanism. • Finally, the Citizen Interface web page46 of HPSEBL provides procedures, processes, clarifications, contacts for various services and queries. n. Social Inclusion and gender mainstreaming • The Government of Himachal Pradesh has notified the reservation roster-post to implement the Supreme Court judgment and enhancement of reservation in services for other Backward Classes vide its notification dated 20-08-1998 which was adopted by HPSEBL vide office order 13-101996. • The HPSEBL has adopted the Govt. policies for reservation of recruitments. The HPSEBL has notified equal opportunity policy for persons with disabilities employees in respect to HESEBL, under Section 21 of The Rights of Persons with Disabilities Act, 2016. • While there are no provisions or mandate for increasing the employment opportunities of women, Widow with minor children and un-married women employees as far as possible, may be advertised subject to vacancy. Also, wives of officers/officials of Armed Forces/Central Para-Military Forces, as far as possible, be posted /appointed at suitable places subject to vacancy. • HPSEBL has 18491 staff of whom 7396 (approximately 40%) are female. Currently, there are three women directors (external) on the Board. • HPSEBL has constituted Internal Complaint Committee47 (ICC) for the cases on sexual harassment vide No. 2655-90 dated 13-4-2021. One Chairperson and five members were appointed for sexual harassment committee. • Some of the initial findings from Gender Study supported by the WB are given below: Table 8 Strengths Weaknesses/Gaps Opportunities • Large number of women staffs • The office requires • Consider in-house childcare facility for better facilities for working mothers 44 Himachal Pradesh Electricity Regulatory Commission in exercise of powers under Section 181, sub-section (2) (r) & (s) read with sub-section (5) to (8) of Section 42 of Electricity Act 2003 45 Himachal Pradesh Electricity Regulatory Commission has framed Regulations for HP Electricity Ombudsman (Vidyut Lokayukta) in exercise of powers under Section 181, sub-section (2) (r) & (s) read with sub-section (6) & (7) of Section 42 of Electricity Act 2003. 46https://www.hpseb.in/irj/go/km/docs/internet/New_Website/Pages/citizeninterface.htm 47 The role of members of Internal Complaint Committee include: - Carry out orientation programmers and seminar for member of the internal and local complaint committees; Carry out employee awareness programmes and create forum for dialogues; Conduct capacity building and skill building programmes for the members of the internal committee and local complaint committees. 100 • All central and state government young working • Organize annual awards and recognition policies applicable to mothers, nursing events and reward meritorious men and government employees mothers like separate women staff praiseworthy of their • ICC functioning well rooms or childcare performance. • Office buses with dedicated facilities etc. • Consider regular in-house interactive sessions • Women employees do with women role models and leaders and routes (chargeable service) not have many women appoint them as focal points • Apprentice program for women leaders as focal points • PR cell to build and disseminate success • Women’s day celebrations and to seek mentoring, stories of women leaders in the State’s power 26 Jan tableau theme on motivation and sector ‘Women in Energy’ learning support in • This can be tracked through the following • PR cell documents women staff their work especially in indicators: stories from office and on-site technical male o No. of women success stories • Safe office drops services for dominated verticals showcased, events organized women staff working after office o No. of women facilitated for their hours, informal case to case service office adjustments for pregnant o No. of interactive sessions conducted staff, office breaks for nursing • % of women staff participated and mothers benefitted from these sessions o. Capacity Development portfolio: • HPSEBL has a designated cell with personnel mandated to carry out responsibility for managing trainings. The Cell collates learning material as per specific topics and maintains records of expert agencies/departments48. This Training cell works under the administrative control of Executive Director (Personnel), HPSEBL. The Sr. Executive Engineer (E) is the training officer/ manager of training cell. • Besides technical49 topics, the topics covered under social management include Disaster Management and Safety aspects; Labour Laws & procedures in dealing court cases, Tariff Reform; RTI Act, 2005; E-samadhan; Occupational health and safety, workers welfare, emergency preparedness, Grievance redressal, R&R issues. • In the year 2021, 308 officials were provided some form of training opportunity. However, the documentation shared does not include any TNA reports nor any reports tracking the impact of trainings undertaken so far. The team shared that due to the Pandemic restrictions many activities could not be undertaken as they had been designed for face-to-face platforms. Second challenge is inadequate funding for training. Also, when a staff undergoes any training, his/her absence from work causes delays and gaps. All these factors need addressal to bring training activities on the fore front. • Budget for training is to the tune of 2.50 to 3.00 Crs. and as per the requirement budget is also allocated from Administrative & General (A&G) expenses which has total allocation of Rs. 50 Crs. annually on account of Administrative Charges (Rent, Rates & Taxes, Statutory Dues, Telephone, Postage & Telegrams, Consultancy Charges 48HPSEBL’s library at Kumar House is the central repository for curriculum/ learning material. The list of expert agencies hired to carry out trainings include: REC, CBIP, ESCI, TATA, NTPC and HIPA 49 Office Procedures & financial administration, Basic Computer Skills, Conduct rules, Training on Noting and Drafting, Disaster Management and Safety aspects, Distribution transformer O&M for failure minimization, Labour Laws & procedures in dealing court cases, Managerial Effectiveness for power Distribution management, HP energy conservation Building code 2018, GEM, Sustainability of power utility-Electricity act amendment, Tariff Reform, Real Time Market and renewal integration, Solar Power Generation-Grid enabling & balancing, Virtual Training on Distribution Automation, Energy Monitoring System, Audit & Performance Budget, Computer Course on Excel, Manav Sampada, departmental enquiry, e- procurement, Cyber-crime, e-samadhan, computer course on PowerPoint, Switchgear solution for PV Solar Plants, etc. 101 etc.) & Other Charges (Fees & Subscriptions, Books & Periodicals, Printing & Stationery, Advertisement Expenses, Legal Charges, Audit Fee, Training to Staff etc.) 2.2.4.2 Program Activities and associated Social & Environmental Impacts PforR Activity Social Implications Environment Implications 1. Modernization and • Increase in Chances of transformer oil spillage are automation of employment there which could cause potential health distribution opportunities of semi- hazards like eye irritation, skin irritation, networks in 13 skilled and unorganized mild toxicity due to inhalation, etc. major cities/towns workforce. Effects on water bodies, due to location and power • Construction induced of sub-stations and their designs. systems operation adverse impacts that can cause interference with existing of the state. may be temporary loss drainage pattern. of assets, access to Felling of trees at sub-station sites could structures, host be a possibility. Soil erosion and solid ommunity, safety of waste disposal issues during construction women and children phase need to be addressed. requires to be mitigated appropriately • Strengthening systems for monitoring compliance of labour laws. Setting up No implications No implications independent single trading desk and operationalizing it Strengthening • Strengthening capacity It brings in opportunity to develop ESPP governance of staff following the and E&S manual to promote E&S capacities of need assessment with sustainability, even for projects those are power utility special focus on beyond regulatory clearances are (training, GRM women to develop and required to adopt uniform system across system, implement a structured all planned activities to ;(a) design and procurement training plan. screen the activities to avoid, minimize, manuals, or mitigate adverse impacts on natural transition to SAP • Review of existing E&S habitats and physical cultural platforms, office norms and system , gap resources;(b) avoid, minimize, or mitigate automation, web- analysis and adverse impacts; (c) promote informed based system for upgradation. decision-making relating to Program’s real time E&S effects; and (d) implementing monitoring) evidence based evaluation and monitoring arrangements. 102 Demand Response Responsive system to Management Plan strengthen consumer developed and needs. Implemented which will be on real time. 103 2.3.4.3 Assessment Against Core Principles Core Principle #1: Program E&S management systems are designed to (a) promote E&S sustainability in the Program design; (b) avoid, minimize, or mitigate adverse impacts; and (c) promote informed decision-making relating to a Program’s E&S effects. Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT • The legal framework at national and state level is robust • Lack of institutional procedures, practices as • System to enhance transparency in mapping of Right of and the utilities take cognizance of it in its systems and the compliances are project specific. Way and purchase of land through established practices • the Contractor is responsible for carrying out procedures needs to be considered. • Environment and Social Management Plan (ESMP) is the work at the proposed site in full required for managing substation project to address the compliance with this ESMP and applicable issues of screening, managing and mitigating social risks National, State, KfW laws and WB regulations governing environmental and social impact management and occupational health and safety Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • HPSEBL developed ESMP for sub station project to • ESMP need to be followed and strengthened • Environmental and Social Policies and Procedures mitigate any adverse environmental impacts for Sub further for making it part of planning, (“ESPP”) addressing HPSEBL’s commitments regarding Station project under multilateral funding agency. operational, monitoring of all projects under the environmental and social dimensions of sustainable • HPSEBL carries out the Environmental studies or HPSEBL. development and thereby providing Project Developers Environmental Impact Assessment to identify and • HPSEBL adopts activity based mitigation notice of the general environmental and social predict the impact of a project on the Soil, Water, Air, plans, however, It is proposed to requirements that are applied in evaluating prospective Flora, Fauna & Ecosystems etc. along with Land uses, strengthened all environmental practices in a projects is suggested. It shall ensure compliance during landscape, cultural heritage including impacts on document which will be in line with Power construction and operation phase. ESPP will also define livelihood through environmental media, health and Grid’s Environmental Social Policy detailed monitoring protocols for ongoing or funding safety, vulnerable groups, and gender issues Procedures (ESPP) tweaked to Himachal’s projects. • ESMP captures early identification for physical, requirement. ESPP enhance E&S risk • Evidence based system oriented environmental and environmental, ecological resources. management capacity of HPSEBL and social assessments including adoption of good practices • It is stated that no action alternatives and screening for adequate E and S skill sets will be employed included early screening need to be introduced in the site selection are practiced. under the project system • Project unlikely to have any trans-boundary effects. • ESMP have recognized elements of • Institutional strengthening and capacity building with • Route/site selection for the projects are done on walk environmental and social assessment of good hiring of dedicated environmental official supported by over surveys, usage of tools such as the forest atlas, practices for potential effects. Though consultants with clear articulation of responsibility for revenue papers, survey of India maps of the area. present system lacks to record evidences for managing environmental risks and impacts need to be done 104 • The Electrical Safety Manual and General Safety such practices in the phases of • Adopt web-based Monitoring and Evaluation (M&E) Instructions available, which aims towards making implementation and monitoring. systems to monitor E&S risk management for evidence- HPSEBL network geographical area injury and accident • Though an electrical safety officer is present based reporting. free at HPSEBL and E&S officer is appointed by the • ESMP is carried out by the Filed Officer/Project contactor for the site, no dedicated position Implementation Unit (PIU) concerned and a proactive for an environment and safety officer is route alignment/site selection approach has been available with HPSEBL. adopted • Although minimum/negative impact on the Environmental & social aspects of the area is possible in distribution system, Stakeholder consultations are held during survey and opinion of other department are taken as per the requirement • Project unlikely to have any transboundary effects. • The various channels for redressal of grievance of consumers at HPSEBL are: I. Dispute Settlement Committees. II. Forum For redressal Of Grievances of consumers III. Ombudsman: Regulatory Commission has appointed the Ombudsman for redressal of the complaints of the consumers who are aggrieved by an order made by the Forum or whose complaint is not redressed by the Forum. IV. Constitution Of Bijlee Adalats: Bijlee Adalats organized regularly to redress consumers problems /grievances to redress the grievances of the consumers except billing disputes for which Board has set up a separate Grievance redressal mechanism. Core Principle #2: Program E&S management systems are designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • HPSEBL developed ESMP for substation project to • Existing system lacks in policy framework • There is an opportunity to create E&S policy for mitigate any adverse environmental impacts for Sub may be in place for guiding mandates on guiding mandates on protection, conservation and Station project under multilateral funding agency. During protection, conservation and rehabilitation rehabilitation of natural habitats; avoids the location of sub stations HPSEBL ensures that of natural habitats; avoids the significant significant conversion or degradation of critical construction facilities are placed at suitable distance conversion or degradation of critical natural natural habitats and if avoiding the significant 105 from water bodies, natural flow paths, important habitats and if avoiding the significant conversion of natural habitats that includes ecological habitats and residential areas. conversion of natural habitats is not measures to mitigate or offset impacts or program • They makes all possible efforts to avoid Eco sensitive technically feasible, includes measures to activities areas, Forest areas or to keep it to the barest minimum mitigate or offset impacts or program with consultation of all the stakeholders, any concern is activities • A Policy covering most important messages from the addressed by incorporating the same into designs or Forest (Conservation) Act, 1980; India Forest Act, mitigating the same by keeping the provisions in 1927; Wildlife (Protection) Act, 1972 etc need to be Environmental Monitoring Plans including budgetary brought into place and make them implemented provisions. through system approach. • ESMP is there that takes account on impact on physical cultural properties but there is a lack in existing environmental Monitoring and Evaluation (M&E) systems to monitor environmental Management System. • A joint inspection by members from different departments, is generally conducted before finalizing site for sub-station construction. Core Principle #3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Strengths Weakness/Gaps Opportunities/Recommendations • Adequate legal provisions in the national and state laws Overall the gaps in data on categories of labour Under the P4R, HPSEBL can pilot and roll out labour law which are a part of the bid documents for all projects to assess its compliance with the state’s mandate compliance tools which provide systematic, simple, and real • Monthly reports submitted from each of the projects to employ local people time tracking by the contractors and Utilities. includes key performance indicators on labour There is no evidence available to establish The P4R also provides an opportunity to streamline Labour management compliance with the laws on labour Management Procedures, Labour Management Plans and camps/conditions Labour Influx Management to ensure safety of individual, Similarly, there are no systems on GRM direct, indirect, contracted, sub-contracted and community specifically for labour and reporting on GBV form labour as well as management of risks in case of labour influx the worksite and impact on host communities. Risk assessment of labour influx and impact on host communities has not been considered Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • At HPSEBL, the Electrical Safety Manual and General There is a gap on evidence based reporting on • There is an opportunity to strengthen the monitoring of Safety Instructions aims towards making HPSEBL non-complaince if any in (a) the construction post project compliance to this core principle and network geographical area injury and accident free and and/or operation of facilities or other operational integrate it with the DoE dashboard. clearly spells out the unsafe acts which include non- practices under the Program; (b) exposure to 106 adherence to safety rules, non-usage of proper safety toxic chemicals, hazardous wastes, and otherwise • There will be provisions for public and worker safety as devices, unsafe conditions, risks while handling and dangerous materials under the Program; and (c) part of the bid / contract documents. storing heavy objects. The Manual: reconstruction or rehabilitation of infrastructure • Streamline and integrate reporting practices that will o Ensure that each element of programme is located in areas prone to natural hazards. guide operational practices and report (a) exposure to implemented within the periphery of the circle. toxic chemicals, hazardous wastes, and otherwise o Ensure that all circles and down below up to Paucity in institutional capacity in terms of dangerous materials used; and (d) reconstruction or lineman/supervisor in the jurisdiction comply with rehabilitation of infrastructure located in areas prone to requisite skills for effective management on the programme. natural hazards incorporating recommendations from environment and social management. o Ensure that safety/health surveys are conducted District Disaster management Plans and other safety In his/her circle on regular basis. frequently (Once issues.(c) emergency response systems and accident and per quarter). incident reporting. o Ensure that each equipment in the jurisdiction of circle is properly maintained. o Ensure that each Division. Sub-Division (Sub- Station & line maintenance) up to supervisor, (Jr. Engineer/line men) and other employees comply with the programme. • Under Sections 53 and 73 of Electricity Act, 2003, HPSEBL has made recommendations on safety procedures and practices in electrical works. • Ensure that PPE (Personal Protective Equipment) are made available to line staff/ employees concerned. • Handling and usage of flammable liquids, oils, cleaning solvents is carried out as per the prescribed' manner so that they will not become the potential source of fire hazard. • All the Deputy CE/SE (Op, ES, Generation, Protection, Electrical) at various Hydro projects under execution under HPSEBL act as Electrical Safety Officers and they ensure the following: Ensure that each element of programme is implemented within the periphery of the circle; Ensure that all circles and down below up to lineman/supervisor in the jurisdiction comply with the programme; Ensure that safety/health surveys are conducted In his/her circle on regular basis (Once per quarter); Ensure that each equipment in the jurisdiction of circle is properly maintained; Ensure that each Division. Sub-Division (Sub-Station & line maintenance) 107 up to supervisor, (Jr. Engineer) and other employees comply with the programme; Ensure that PPE are made available to line staff/ employees concerned • HPSEBL have emergency response and disaster management plan. The Electrical Safety Manual and General Safety Instructions mentions the immediate steps to be taken in case of a landslide, as HP is prone to landslides given it rock formations and climatic conditions. Earthquake safety guidelines are also available. The aim of emergency response and disaster management plan is to prevent accidents through good designs, operation, maintenance and inspection, by which it is possible to reduce risks of an accident. • Safety devices are arranged such as the equipments designed for the protection of workmen and the Electric system eg. Rubber Gloves, Safety Belts. Fire extinguisher, line hose etc. • HPSEBL has a Relief Policy in place to provide relief to victims of fatal/ non-fatal accidents. • ‘Insurance of Workmen’ clause necessarily included in all work awards. • There is a Personnel Unit at HPSEBL which is assigned the work relating to regularization of daily waged workers, cases of compassionate employment (Under Employment Scheme), conversion of part time workers to daily waged workers, transfer cases of daily waged workers, Court cases of different adjudicatories i.e Hon’ble Apex Court/High Court/Tribunal/Labour Court and Subordinate Court of daily waged workers. The court cases of out sources employees (Bijali Mazdoor Ekta) are also dealt by this unit. Core Principle #4: Program E&S systems manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards Strengths Weakness/Gaps Opportunities/Recommendations As of now, HPSEBL follows procedures as per the E&S SMART GRID DPR does not specify how issues of Strengthening of the procedures to assess permanent and guideline applicable to other utilities or as per the temporary adverse impacts will be mitigated and temporary impacts and provide appropriate mitigation requirements of the donors. Generally, there is no land monitored measures is required and to be adopted at the Institutional acquisition, and only use government or available land, but level through standardizing the ESMP 108 crop compensation and stakeholder consultations for RoW are undertaken. For this, ESMP is also prepared and implemented. Core Principle #5: Program E&S systems give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities (hereafter referred to, interchangeably, as Tribals, Tribal Groups or Tribal Populations), and to the needs or concerns of vulnerable groups Strengths Weakness/Gaps Opportunities/Recommendations Information on implementation of targeted Track implementation of schemes related to Scheduled schemes for Scheduled Tribes on the utility’s Tribes on the utility’s projects projects is not available. Core Principle #6: Program E&S systems avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes (Not Applicable) 109 2.2.5 HIMURJA HIMURJA was established in 1989 as nodal agency to facilitate energy programs in the state and by 1994 all Hydro projects up to 5 MW were transferred to the agency. HIMURJA works to (i) promote and produce Renewable Energy under all schemes of Ministry of New and Renewable Energy, Govt. of India & State Govt; (ii) harness Hydel Potential from Projects up to 5 MW under State sector and also through Private Sector Participation (iii) boost the no. of installations of Solar Energy Technologies; (iv) develop and improve Water Mills (Traditional Gharats); and (v) create Public Awareness to encourage Renewable Energy Development & Utilization HYDRO: Small hydro50 is the most widely utilized form of renewable Energy making it crucial for HP Power system operations and power markets. It is considered viable because it requires small capital, short gestation, negligible adverse impacts, minimal transmission loss and more suited for sensitive mountain ecology. These projects exploit where sufficient water flows along small streams and does not involve construction of any dams or any sort of deforestation, submergence, or rehabilitation. The allotment of small hydel projects is governed through the hydel power policy framed in 2006 and its amendments till date. Similarly, allotment of the Solar Projects is governed through the Solar Power Policy of HP framed during 2014 and amended in 2016. Future allotment of Small Hydro projects will be governed as per the provisions of new Energy Policy 2021. HP government has created avenues to encourage private investors for small hydro- HIMURJA advertises, receives, and scrutinizes applications submitted by Independent Power Producers (IPPs), namely Cooperatives, Companies, Voluntary societies, Trusts, Partnerships, Sole proprietorships wholly of Bonafide Himachalis51 who are considered eligible for allotment of such projects. 798 Small Hydro Electric Projects (100 KW- 5 MW) with capacity of 1792.29MW have been allotted for development through private sector participation (31st August, 2021). Out of these, 90 projects of 329.45 MW capacity, are commissioned. For small hydro (under 5MW), there are two categories of projects that HIMURJA manages: 1. Projects identified by HIMURJA 2. Projects identified by Independent Private Producers The status of projects (as on 15-3-2022) undertaken so far is given below: 50InIndia, small hydro are classified on the basis of their size into SMALL (2.00 to 25 MW), MINI (100 KW to 2.00 MW) and MICRO (below 100 KW) 51 The Small Hydro Electric Projects up to 2 MW capacity are exclusively reserved for Bonafide Himachalis. Co-operative Societies, Companies, Voluntary Societies, Trusts, Partnership Concerns and Sole Proprietorship Concerns comprising wholly of Bonafide Himachalis will be eligible for allotment in this category. While allotting Projects above 2 MW and up to 5 MW, preference will be given to the Bonafide Himachalis and this includes Co-operative Societies, Companies, Voluntary Societies / Trusts, Partnership concerns: Sole Proprietorship concerns comprising wholly of Bonafide Himachalis. If there is more than one Himachali applicant, then preference shall be accorded to applicants from the relevant area and district by way of providing additional / preferential marks. 110 Table 9 Private Sector 743 small Hydro 90 of 349.45 M 36 Nos projects 175 Nos projects 442 Nos of 903.73 MW projects of W have been of 116.2MW of 443.76 MW at are at Pre- IA stage. 1793.23 MW commissioned under IA stage/ under Private construction, clearance Stage Sector Projects allotted to HIMURJA by GoHP 13 projects of 11 projects of 7.17MW have been 2 projects of 7.00 55 Micro Hydel 14.17 MW commissioned under UNDP-GEF, MW are being projects of 5.50MW BOT, Small hydro Scheme in tribal developed under capacity were also areas of the State under social BOT basis in H.P allotted to bonafide obligation to meet out the energy Himachalis during Feb. requirement of the people of far- 2017 are at various flung areas. stages of clearances Govt of H.P. has also taken many initiatives for the development of small hydro projects by providing policy realization like deferment of royalty for initial 12 years for the already allotted projects, providing solid tap to 2M W projects and mandatory procurement of power by HPSEBL from the projects upto 25M W and One time amnesty for projects where IA s have been signed by the IPPs. SOLAR: Development of Solar Power Projects is different from development of other renewable sources as it can be set up wherever barren land is available be it waste land, devoid of forests and having no other efficient alternative use. Solar PV panels are mounted and do not require land use to be changed. HIMURJA under the Department of Non-Conventional Energy Source, GoHP is also the State Level Nodal Agency52 for all capacities of Solar Power Projects for the purpose of state-wide publicity, invitation of application53, Registration of Projects, Co-ordination, Facilitation, administration of Centre and State Government incentives if any, grant of consent/ approvals etc. Table 10: Overall achievements since inception SNo ITEM UNIT Achievement as on 15.03.2022 I SOLAR POWER PROJECTS 1 Grid connected rooftop solar plants MW 17.23 2 Ground mounted solar power projects MW 31.65 3 Off-grid solar power plants MW 3.68 II SOLAR PHOTOVOLTAIC PROGRAMME 1 SPV Street Lights Number 1,94,319 2 SPV Home Lights Number 29,965 3 SPV Lanterns Number 69,935 4 Solar Study Lamps Number 7,000 III SOLAR THERMAL PROGRAMME 1 Box type solar cookers Number 37,893 2 Dish type solar cookers Number 881 3 Solar water heating system LPD 21,30,100 52However, For Power Purchase Agreement with DISCOM, HPSEBL is the dealing authority and for statutory clearances/permissions, the concerned Department is the relevant authority like Revenue Department for lands, Forest Department for Forest clearance etc. 53 of Solar Power projects on own land or land taken on lease in proximity to HPSEBL load centres in accordance with Solar Power Procurement Policy of HPSEBL 111 4 CST solar steam cooking systems M square 1,026 Under other renewable sources, HIMURJA is the nodal agency for Wind and Biomass power projects Policies for sustainable development in generating renewable energy throughout Himachal Pradesh. 2.2.5.1 Institutional structure, procedures, practices, and performance HIMURJA has 172 sanctioned positions, out of which 108 are filled up on regular/contractual/deputation basis and 20 are filled up on outsource basis (as updated on 15-03- 2022). The staff is clustered across eight broad sections namely: Small Hydro, Solar, Accounts, Establishment, Public Relations, Planning, Personal Staff, Computer Section. The adjacent figure lays out the organogram at the head office in Shimla. There are 14 offices at (12 at each district and 2 additional in remote and tribal areas – Kaza and Pangi) Figure 15: Organogram of HIMURJA ENVIRONMENTAL ASSESSMENT a. Overall Environmental safeguards in project sanctioning and implementation: HIMURJA has no clear Environment Policy or Framework in place to screen, manage and mitigate environmental concerns, nor any clear mention of regulations or institutional responsibilities on safeguard issues are there in place. Therefore, the need of the hour is a format devised for environment safeguard, procedures and practices along with the monitoring and reporting for the small hydro power projects under HIMURJA. The utility needs to prepare Environment and Social Screening and Monitoring guidelines designed to (a) promote E&S sustainability in the Program design; (b) avoid, minimize, or mitigate adverse impacts; (c) promote informed decision-making relating to a Program’s E&S effects; (d)designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. b. Environmental Procedures and Practices: There are guidelines available for developing small hydro power projects in the state. Any Private Investor whether Himachali or outsiders such as Private Ltd. Company / Public Ltd. Company / Partnership concern/Sole Proprietary and Cooperative Societies/V oluntary societies/trusts comprising wholly of bonafide Himachalis is 112 eligible to apply for the allotment of these Small Hydro Electric Projects. The applications for the identified Projects / Self Identified Projects shall be received after advertisements issued by Government / HIMURJA in Giri raj and in leading Newspapers. Applications shall be scrutinized by HIMURJA and approved by the Government. As the potential sites have been identified on the basis of preliminary reconnaissance only, the interested Project Developers should, in their own interest, visit the sites for verifying various Project related parameters viz. discharge, head, water availability, habitation etc. It is clearly mentioned that HIMURJA shall not be responsible for any kind of variation. Project Developers shall also ensure that the Project components do not fall in the wild life sanctuaries, national parks, eco protection zones etc. and also do not interfere / overlap with the existing and proposed Hydro Projects of State, SPSUs / CPSUs HIMURJA, Joint CPSUs and Private Project Developers, before submitting their offers on the prescribed format. There is absence of clear regulatory framework in the form of policy on part of HIMURJA for screening of projects, if applicable. c. The application shall include the information regarding name of the stream / nallah, estimated capacity, assessed head and assessed design discharge, layout sketch of the Project which should show the elevations of the main components of the Project, names of the Projects already allotted upstream/downstream of the proposed site, if any etc. 
The Joint Inspection in case of Self Identified Projects shall be carried out by HIMURJA / Committee comprising of officials of all concerned departments like HIMURJA, Revenue, Jal Shakti, PWD, Forest, Fisheries etc. including upstream / downstream Project representatives as notified by Government of Himachal Pradesh to ascertain the interference, if any, with the existing Projects along with the elevation / horizontal distance as prescribed and other aspects of concerned departments related to development of Project. The Project Officer, HIMURJA of concerned area will be Member Secretary of the Committee and he will ensure the joint inspection of the site and report thereof. d. For projects upto 5MW identification of sites are to be done by the IPP itself. Before allotment of the projects, IPP has to maintain 250 mts horizontal and 50 mts vertical distance in between the projects to maintain free flow of water in the stream. The project developers also have to ensure minimum discharge of 15% of lean season discharge immediately downstream, monitored by the pollution control board. There are no laid out procedures and practices regarding environmental management or mitigation. e. Monitoring and Reporting: During the implementation of the project, district level officer i.e. Sr. Project Officer/ Project Officer monitors the project. At present there are no system available for reporting of environmental compliances or non-compliances. There is a skill gap at HIMURJA when environmental or biodiversity experts are considered. This needs to be resolved for uninterrupted flow of project lifecycle. SOCIAL ASSESSMENT f. HIMURJA does not take up either technical or environmental or social assessments for any projects. It does not have Social Specialists as staff or consultants, does not have its own E&S framework, policies or reporting mechanisms. The projects under HIMURJA are categorized as “white” projects54 which means minimal E&S negative impacts and high E&S benefits. o In the selection process for hydro, HIMURJA can reject applications not found fit from an environmental / ecological point of view 54PCB categorizes projects in four categories based on E&S risks and impacts – red, orange, green and white 113 o To commence projects, HIMURJA provides support to IPP to secure NOCs from the departments viz; PWD, Jal Shakti, Wildlife, Fisheries and Revenue; and NOC from Gram Panchayat. g. Overall Social safeguards in project sanctioning and implementation: HIMURJA has allotted 743 Small Hydro projects to IPPs, in addition, 13 projects are being implemented under the state sector. Total 90 projects under private sector and 11 projects allotted to HIMURJA by Govt in State Sector projects are commissioned so far and only 17% (as on 15-03-2022) have been identified by HIMURJA, the rest are done by IPP. Once selected, the IPP is support in getting clearances55 for the project. HIMURJA reviews and approves of Feasibility Reports (FR) which the IPPs prepare based on actual surveys and investigation of sites. It includes land requirement, hydrological data, layout plan etc. HIMURJA scrutinizes the Detailed Project Report based on the parameters included in the FR, realization of the potential and technical concurrence of DPR by Directorate of Energy. Government of HP (Jal Shakti Department) in coordination with HIMURJA reserves the right to abandon or reduce capacity / discharge of any identified Project for meeting the commitment towards social / environmental concerns. h. Land management: As the potential sites have been identified based on preliminary reconnaissance only, the interested Private Investors are mandated to visit the potential sites, (which are essentially the rivulets/streams on which the small hydro Projects can be developed), for verifying various Project related parameters viz. discharge, head, water availability, habitation etc. o IPPs to ensure that the Project components do not fall in the wildlife sanctuaries, national parks, eco protection zones etc. and do not interfere / overlap with the existing/ ongoing proposed Hydel Projects of Directorate of Energy, H.P. Govt Undertakings such as HPSEBL, HPPCL, HIMURJA, Government of India undertakings and Private Investors, before submitting their offers on the prescribed format. Detailed Project Reports, even some of the clearances, stand obtained in respect of the same. In case the projects are allotted, the allottee have to bear the cost of DPR and other expenditure incurred, if any, as per actual. o The IPP to obtain the following clearances/NOCs/approvals within 24 months from the date of allotment. Remaining NOCs/Clearances, if any, to be obtained within 6 months from the date of signing of Implementation Agreement before starting the construction activities. These are: NOCs from the departments viz; PW, I&PH, Wildlife, Fisheries and Revenue; NOC from Gram Panchayat; FRA Certificate; Forest Land Clearance; Private Land Transfer (Permission under Section 118); Pollution Control Board; Essentiality Certificate. For transfer of Forest /Govt. Land, Private Land acquisition and PCB clearances concerned departments accept the request of the power producer based on approved feasibility Report (FR). Self-attested copies of NOCs obtained from different Departments to be submitted to the HIMURJA. The above procedure is similar for Private Sector or Government allotted projects o Wherever Government land, on which the right-holders have community rights, is leased out for Project development, 1%of the total cost of the Project, as fixed by HPERC on normative basis, shall be paid to Local Area Development Fund to the community for community development works. Where private land is used (see figure), no such contribution is mandatory however Project Developer may contribute to local area development voluntarily. The provision under the Himachal Pradesh Transfer of Land (Regulation) Act, 1968 in Tribal Areas is also mandated to be adhered to. 55 NOC of Jal Shakti, Public Works, Revenue, Fisheries and Wildlife Departments; NOC from Gram Panchayat, FRA certificate. 114 o For the development for small hydro project 1% of the total cost of the Project, as fixed by HPERC on normative basis, shall be paid to Local Area Development Fund by the project developer. In addition to above project developer shall contribute additional 1% free power over and above the agreed rates of normal free power royalty component to the State Govt towards LADF. o In case of Solar Projects upto 5MWwhere Government land is required, wholly or partly, are to be provisionally registered by HIMURJA with the prior approval of the State Level Empowered Committee (SLEC) 56. Figure 16: HIMURJA (Annex A) The challenges on the ground include cumbersome process of seeking Forest Rights Certificate, mobilizing Gram Sabha meetings, ensuring due quorum. Further, due to the terrain, land parcels are scattered, demarcation is a challenge and private owners too sometimes are difficult to identify in which case Revenue Department provides necessary support. Reasons for condonation of delay in achieving various milestones not attributable to the project developer shall considered and decided by the head of the department (HIMURJA) after approval of Administrative Department. HIMURJA does not take LADA funds- IPPs submit the amount to the concerned LADC. Therefore, there is no direct engagement of HIMURJA in respect of taking of LADA funds. i. Livelihood and employment: Of the total employment potential in the project, at construction and operations stages, 80 % employment will be provided to bonafide residents of Himachal Pradesh, with preference to those who transfer private land or to the right-holders of the Revenue estate where Government land is leased out for Project. j. Rights of local population: The Project Developer shall ensure to protect the water rights of the local inhabitants for drinking and irrigation purposes etc. by verifying the revenue entries and activities of Jal Shakti department to ensure that such rights are not infringed upon. Any difference/ dispute in the matter shall be resolved by the parties hereto by mutual negotiations, failing which , the matter shall be referred to a two tier grievance redressal process. The matter shall be addressed by the departmental Grievance Redressal committee constituted under the chairmanship of CEO Himurja . In case the issue remains unresolved to the satisfaction of project developer, the matter shall be referred to the State Govt Committee. k. Other benefits: The Electricity Act, 2003 and the National Electricity Policy of 2005 provides for license free generation and distribution in rural areas, open access in distribution system, standalone system / non-conventional / renewable resources for generation and distribution. Distribution licensee shall be free to undertake generation and generating Company shall be free to undertake distribution. Thrust has been laid to complete rural electrification and provide for management of rural distribution by Panchayats, Cooperative Societies, Non- 56The Committee comprises of the following: (i) Additional Chief Secretary /Principal Secretary (MPP& Power and NES)- Convener; (ii) Additional Chief Secretary /Principal Secretary (Revenue); (iii) Principal Chief Conservator of Forests; (iv) Director Energy, Directorate of Energy; (v) Managing Director, HPSEBL; (vi) Managing Director, HPPTCL; (v) Chief Executive Officer, HIMURJA- (Member Secretary). 115 Governmental Organizations, and Franchisees etc. The IPPs can take the benefit of such schemes. l. Communication and outreach: HIMURJA have a role to promote renewable energy as well as the products available from time to time. The common mediums for information dissemination include newspapers, websites, physical banners, public events etc. Subsidies continue to be a factor that motivates citizens to adapt to renewable energy products. The district offices have a cadre of field motivators who also play a role of information dissemination. Some of the other examples include exhibition vans, Solar fairs and other activities caried out by the Public Relations Officer in HIMURJA. m. Gender and Social Inclusion: o HIMURJA has taken various initiatives to increase benefits for the vulnerable areas and communities: An annual budget is provided under the Scheduled Caste Development Programme for installation of SPV Street Lighting Systems in S.C. villages, Solar home lights57 are provided to SC, BPL families for which budget is made available under Special Central Assistance to Scheduled Caste Development Programme. The State Govt is providing funds under the Tribal Area Development programme for providing 250 Watt Off Grid Solar Plants to Below Poverty Line families living in the tribal areas and so far 2695 Nos systems have been provided. o Ministry of New and Renewable Energy is providing 40% Central Financial Assistance for installation of Grid connected Rooftop Plants in Domestic sector upto 3 kW and above 3 kW upto 10 kW 20% assistance is provided. The State Govt is also aiding of Rs 6000=00 per kW on Domestic sector only. n. Gender and inclusion: HIMURJA has a staff of 127, which includes 19 women (15%), 28 SC, 3 ST, 5 PwD and 47 General. Women comprise 3% of the staff in technical roles and 12% in non- technical roles. Initial findings from a Gender Study supported by WB are given below: Table 11 Strengths Weaknesses/Gap Opportunities • All central and state The survey shows that o Explore opportunities for including government policies women staff has low women entrepreneurs or groups in applicable to government confidence to fully the small renewable energy employees participate and projects • ICC formed represent their ideas in o The above can be tracked by the technical deliberations, following indicators: No. of new • Safe office drops services for decision making trainings organized for staff; % of women staff working after meetings and project women staff participated and office hours, informal case sanctioning discussions benefitted from these trainings; to case office adjustments which is detrimental to No. of SHGs/Women for pregnant staff, office their long-term career entrepreneurs on-boarded for breaks for nursing mothers progression. small renewable energy projects o. Labour Issues: The Project Developer is mandated to provide minimum 80% employment to the bonafide Himachalis whose names are registered on any employment exchange located in the State of Himachal Pradesh. The Project Developer is required to provide mandatory 57In the year 2020, 4500 families were provided solar home lights 116 employment related information to the Department of Labour and Employment, GoHP on a monthly basis. In addition, Project Developer is mandated to inform the local Police Station and the Labour Officer about the details of the Labourers and other work force engaged who are both from within the State, country or outside the country, regularly. p. Grievance Redressal: Currently there are a multiplicity of systems and mediums for launching complaints which includes the following: Table 12 HIMURJA External to HIMURJA Physical Physical and Online Physical Telephonic • For issues faced by • For Solar products State Govt. level following are the Govt. Of various project installation and online portals a/w links to launch HP has a developers during the repair related – the complaint/issues. weekly implementation of the handwritten eSAMADHAN: public Project, a state level complaints are https://esamadhan.nic.in/ hearing at committee58 under the received at offices CM Helpline: the District chairpersonship of of the repair https://cmsankalp.hp.gov.in/ level called Hon’ble Power Minister centres. Him Pragati: Jan Manch of Himachal Pradesh is • In addition, https://himpragati.nic.in/index.html in which set up. telephone number any • For project affected of HIMURJA office concerned areas/citizens: Project and the supply complaints Officers have complaint firm is also are register displayed. The forwarded • For staff, there are complaints must to physical review of be addressed HIMURJA complaints. There is within ten days. Staff Union, First Service Currently, MNRE is Committee, and a Final developing a Executive Committee centralized digital (Apex Body) for all staff system on this complaints front. While there in information on what the systems are, there is no information on the accessibility, effectivity, and efficiency of the systems. HIMURJA and the energy sector per se requires a robust and accessible GRM, with effective Response and Redressal, regular analysis of data and implications to complete the feedback loop and make required systemic changes. For issues faced by various project developers during the implementation of the Project, a state level committee under the chairpersonship of Hon’ble Power Minister of Himachal Pradesh is set up. For project affected areas/citizens, the Project Officers have complaint register. For staff, there are physical review of complaints. There is Staff Union, First Service Committee, and a Final Executive Committee (Apex Body) for all staff complaints. In addition, telephone number of HIMURJA office and the supply firm is displayed. Currently, MNRE is developing a centralized digital system on this front. While there in information on what the systems are, there is no information on the accessibility, effectivity, and efficiency of the systems. HIMURJA and the energy sector per se requires a robust and 58 as per the provisions contained under clause 4.1.2 regarding policy provisions for private Project Developers implementing Projects above 5MW capacity 117 accessible GRM, with effective Response and Redressal, regular analysis of data and implications to complete the feedback loop and make required systemic changes. 2.2.5.2Program Activities and associated Social Impacts PforR Activity Social Implications Environment Implications 1 Strengthening • Strengthening capacity of staff governance following the need assessment with • Capacity Development of staff on E&S capacities of the special focus on women to develop risk identification and management by utility ( skill and implement a structured training providing training on environmental upgradation and plan. risk screening, impact assessment, structured mitigation and management. training) • Review of existing E&S norms and • Development of E&S tools for Complaint system, gap analysis and upgradation. screening and management of E&S Redressal risks and impacts for solar or small System for E & S hydo projects will strengthen Systems institutional systems. • E&S manual will promote E&S sustainability, by adopting uniform system across all planned activities to ;(a) design and screen the activities to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources;(b) avoid, minimize, or mitigate adverse impacts; (c) promote informed decision-making relating to Program’s E&S effects. • Strengthen capacity with web-based Monitoring and Evaluation (M&E) systems to monitor E&S risk management for evidence-based reporting Dizitisation, Assessment to include screening of social • Assessment on solar potential will not exploration & risks in each selected site have any environmental risk. This will assessment give opportunity to also develop study of SOLAR environmental management systems potential of the for risks those will be there in state development stage. • Under the World Bank project, while HIMURJA is covered through Integrated Resource Plan (IRP), no direct investments are envisaged. • HIMURJA requested Bank’s support on robust monitoring as they currently have a limited capacity given that they are present in all the districts (15 offices in the state) in carrying out screenings related to land impacts and other E&S issues, digitization, etc. 118 2.2.5.3 Assessment Against Core Principles Core Principle #1: Program E&S management systems are designed to (a) promote E&S sustainability in the Program design; (b) avoid, minimize, or mitigate adverse impacts; and (c) promote informed decision-making relating to a Program’s E&S effects. Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT • The legal framework at national and state level • The current practices of E&S are utility and project • Draft Power Sector Policy of 2021 recognizes social risk is robust and HIMURJA is supported by utilities centric where the donor requirements take management and has scope to approach social impacts and their systems for implementation and precedence rather than a unified/integrated policy and risk mitigation more comprehensively and effectively. monitoring. and systems for the sector. • As a nodal agency, for alternate energy, HIMURJA needs • There are multiple systems for GRM within the • HIMURJA does not have the mandate, corresponding to to map the existing E&S systems and procedures across state and the sector to ensure citizens, staff systems and capacities on social risk management utilities to develop an integrated framework, develop or and other stakeholders can launch complaints despite significant social impacts of the projects its augment capacities and set up reporting/monitoring and feedback and seek redressal supports mechanisms to track implementation and results • Available documentation makes it difficult to track • A sector-wide cumulative impact assessment to identify accessibility, efficiency and effectiveness of the GRM the strengths and gaps as well as inform the overall development of systems for E&S risk management. • Existing Institutional support needs to be augmented with resources for personnel, funds, expertise, and overall support to meet the requirements of E&S issues • The P4R provides an opportunity to develop guidelines, procedures, and indicators to track performance on overall social risk management, land management, benefit sharing, stakeholder engagement, labour law compliance, social inclusion, gender mainstreaming and capacity development • An integrated GRM which uses multiple mediums (phone, postal, email, mobile app, face to face) to launch complaints, track them, have a responsibility matrix, escalation mechanism, redressal timelines and closure protocols. • Project level Selection process, Implementation, and monitoring parameters: HIMURJA can strengthen the systems by adding social indicators for selection, implementation and monitoring renewable energy projects. As of now, 60-70% weightage is given to the financial evaluation while 30-40% weightage is given to 119 the technical evaluation. This can be reviewed, and social parameters can be added in the technical section Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • The allotment of small hydel projects is • No formal E&S system exists including screening. • Institutional strengthening and capacity building with governed through the Hydro Power Policy • There is a need to make the strategic, technical, and training of official with clear articulation of responsibility framed in 2006 and its amendments till date. site alternatives consideration and a comprehensive for managing environmental risks and impacts need to be Similarly, allotment of the Solar Projects is environmenta and management system needs to be done. governed through the Solar Power Policy of HP developed in lines with best international practices. • The utility needs to prepare Environment and Social framed during 2014 and amended in 2016. At • At present no such system exists for explicit Screening and Monitoring guidelines under ESPP present it is guided by application formats assessment of potentially induced, cumulative, and designed to (a) promote E&S sustainability in the developed based on Hydro Power Policy, 2006 transboundary impacts. Program design; (b) avoid, minimize, or mitigate adverse and Solar Power Policy, 2014 and respective • In case of dispute the E&S issues were brought to impacts; (c) promote informed decision-making relating amendments till date. notice and there is no formal system exists. to Program’s E&S effects and (d) designed to avoid, • The application format states that Project • There is lack of expert skill set at HIMURJA as they minimize, or mitigate adverse impacts on natural Developers shall also ensure that the Project don’t have dedicated personnel or consultants to habitats and physical cultural resources resulting from components do not fall in the wildlife address E&S issues in planning, implementation and the Program. sanctuaries, national parks, eco protection monitoring stages. zones etc. and do not interfere / overlap with • the existing and proposed Hydro Projects • As mentioned in the Himachal Hydro Policy 2021, no applications will be entertained for projects on major rivers such as Satluj, Beas, Chenab, Ravi, Yamuna and on Tirthan River and its tributaries in Kullu district. • It is adopted in the policy that no small hydro should come up in the major river basins of Ravi, Satluj, Chenab or Yamuna wherein minimum e-flow regulations are applicable. • For projects upto 5MW identification of sites are to be done by the IPP itself. Before allotment of the projects, IPP must maintain 250 mts horizontal and 50 mts vertical distance in between the projects to maintain free flow of water in the stream. The project developers also must ensure minimum discharge of 15% of lean season discharge immediately 120 downstream, monitored by the pollution control board. • It is made part of project application that in case any existing facilities including but not limited to, irrigation systems, water supplies, roads, bridges, buildings, communication system(s), power systems and water mills are adversely affected because of the implementation of the Project, the Project Developer shall be responsible for taking remedial measures to mitigate such adverse effects. The cost of the above remedial measures shall become a part of the Project cost. Such facilities shall be mutually identified and agreed upon between the Project Developer and the State Government. • During the implementation of the project, district level officer i.e. Sr. Project Officer/ Project Officer monitors the project. • For issues faced by various project developers during the implementation of the Project, a state level committee under the chairpersonship of Hon’ble Power Minister of Himachal Pradesh is set up. For project affected areas/citizens: Project Officers have complaint register. For staff, there are physical review of complaints. There is Staff Union, First Service Committee, and a Final Executive Committee (Apex Body) for all staff complaints. In addition, telephone number of HIMURJA office and the supply firm is displayed. Currently, MNRE is developing a centralized digital system on this front. • Govt. Of HP has a regular hearing at the District level called Jan Manch in which any concerned complaints are forwarded to HIMURJA.State Govt. level following are the 121 online portals a/w links to launch the complaint/issues. eSAMADHAN: https://esamadhan.nic.in/ CM Helpline: https://cmsankalp.hp.gov.in/ Him Pragati: https://himpragati.nic.in/index.html Public Service Guarantee Act, 2011. Core Principle #2: Program E&S management systems are designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • In the application format it is stated that • No formal screening system exists to avoid potentially • A policy framework backed up by ESMPP and E&S manual Project Developers shall also ensure that the important biodiversity and cultural resource areas. stating the clear mandates on protection, conservation Project components do not fall in the wild life • There is no policy of framework available to avoid, and rehabilitation of natural habitats; avoids the sanctuaries, national parks, eco protection protect or conserve critical natural habitats for significant conversion or degradation of critical natural zones etc. and also do not interfere / overlap existing, ongoing and pipeline projects. habitats and if avoiding the significant conversion of with the existing and proposed Hydro natural habitats is not technically feasible, includes Projects. measures to mitigate or offset impacts or program • It is adopted in the policy that no small hydro activities need to be prepared. should come up in the major river basins of Ravi, Satluj, Chenab or Yamuna wherein minimum e-flow regulations are applicable. • A Policy covering most important messages from the Forest (Conservation) Act, 1980; India Forest Act, 1927; Wildlife (Protection) Act, 1972 etc need to be brought into place Core Principle #3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT • Adequate legal provisions in the national and Absence of clear systems and capacities to map social • P4R provides an opportunity to streamline Labour state laws which are a part of the bid risks and track social outcomes. Management Procedures, Labour Management Plans and documents for all projects Labour Influx Management to ensure safety of individual, direct, indirect, contracted, sub-contracted and community labour as well as management of risks in case of labour influx and impact on host communities. 122 • Monthly reports submitted to DoE from each • The procurement process has a room for improvement, of the projects includes key performance especially Labour laws of the state are applicable to all indicators on labour management these projects. Suitable directions are given to Project developers to ensure compliance. Strengths Weakness/Gaps Opportunities/Recommendations ENVIRONMENTAL MANAGEMENT • Community, individual, and worker safety • At present system doesn’t have any EHS framework or • EHS framework and dedicated personnel need to be through the safe design, construction, and dedicated personnel brought in as part of institutional strengthening. That O&M of physical infrastructure have been • No measures of monitoring and evaluation of should be made part of ESMF guidelines. incorporated in the Himachal Pradesh Swaran environmental concerns and conditions regarding • HIMURJA need to constitute E&S team as part of PMU Jayanti Energy Policy 2021. These measures community health & safety including disaster wherein trained professional can be hired who will help in are to be strictly adhered to by the respective mitigation is found at HIMURJA developing the environmental management system and project developer while execution of the • System to identify and address exposure to toxic implement it. project. chemicals, hazardous wastes, and otherwise • Develop and integrate reporting practices that will guide dangerous materials is not in place operational practices and report (a) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials used; and (d) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards incorporating recommendations from District Disaster management Plans and other safety issues.(c) emergency response systems and accident and incident reporting. Core Principle #4: Program E&S systems manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT Policies are robust (Right to Fair Compensation and • Absence of Integrated management and reporting • The power sector to take cognizance of the RFCTLARR Transparency in Land Acquisition, Rehabilitation • Need for Studies for adverse impacts 2013 such that the existing frameworks, systems and and Resettlement Act, 2013 and Himachal Pradesh • Systems required for GRM tracking practices across the sector are aligned to the provisions Rules, 2015. In addition, sectoral policies such as of RFCTLARR 2013 HPPCL’s Resettlement and Rehabilitation Policy, • There are good practices within DoE, HPPTCL, HPPCL, 2006 and HPPTCL’s Resettlement, Relief, HPSEBL using the existing legal frameworks as well as Rehabilitation and Compensation Policy, 2011) to their internal systems. These can be aggregated and used protect the interests of the project affected to develop comprehensive guidelines which can be persons during construction stage of energy sector integrated in the mandate and systems of HIMURJA. projects. The Tariff Policy, 2006 and Himachal • Integrated reporting systems against clear indicators to Pradesh Land Area Development Fund enumerates be developed for the hydro, solar, biomass and wind so adequate benefit sharing mechanisms for people the land management, adverse impacts and benefit adversely affected by hydropower projects sharing can be tracked 123 Core Principle #5: Program E&S systems give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities (hereafter referred to, interchangeably, as Tribals, Tribal Groups or Tribal Populations), and to the needs or concerns of vulnerable groups Strengths Weakness/Gaps Opportunities/Recommendations SOCIAL MANAGEMENT Information on implementation of targeted schemes for • Track implementation of schemes related to Scheduled Scheduled Tribes on the utility’s projects is not available. Tribes on the utility’s projects Core Principle #6: Program E&S systems avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes (Not Applicable) 124 2.2.6 HPSLDC The Himachal Pradesh State Load Despatch Centre (HPSLDC) came into existence in the year 2002 and was being operated/controlled directly by Himachal Pradesh State Electricity Board Ltd. (HPSEBL) till 2010. The statutory functions of SLDC were undertaken by an HPSEBL under the control of Directorate of Energy, Govt. of HP since 2010 to give an effect to the provisions of Electricity Act 2003. Further, Govt. of Himachal Pradesh declared the HPSLDC as an Independent Authority on 14.08.2018 vide order no. MPP-F (10)-21/2018 dated 14.08.2018. which is the First and Unique of its kind in Country. HPSLDC is the apex body to ensure integrated operation of the power system in the HP State. HP State Load Despatch Centre is responsible for Optimum scheduling and despatch of electricity within the State, Monitoring Grid Operations, Keep accounts of quantity of electricity transmitted through the State Grid, Supervision and control over the Intra- State Transmission System and carrying out Real Time Operation for Grid Control & despatch of electricity within the State through secure and economic Operations of the State Grid on 24x7 RTC basis as per Electricity Act., 2003, CERC, HPERC Regulations and Grid Code 2.2.6.1 Institutional structure, procedures, practices, and performance a. HP State Load Despatch Centre (HPSLDC) discharges its roles and functions under Section 31 and 32of the Act, including economic despatch of electricity from generating station to load centre online & real time monitoring and control of electricity supply in the area of supply / State. Electrical Safety Manual and General Safety Instructions, 2015 put forward by Himachal Pradesh State Electricity Board Limited (HPSEBL) forms an integral part of functioning of HPSLDC, whereby they are committed to provide a safe working place and environment to its staff and other stakeholders. b. All the staff in HPSLDC is on secondment basis from other utilities so they follow their employment is governed by the rules and systems of parent/principle employer. Staff posted in HPLDC is trained, re-trained & retained based upon on the system requirement on different power system modules. c. There are 50 overall staff of which 11 are women (22%). Women comprise 10% of the staff in technical roles and 12% in non-technical roles. 64% of female employees are permanent staff and 36% are outsourced. . There are three female employees: One technical and two non- technical. d. Although, the standard operating procedure for e-waste management at HPSLDC is following the E-Waste management policy, 2011 and E-Waste management, 2016 & subsequent amendments for disposal/recycling of E-waste as per schedule I and II; but HPSLDC has no clear Environment Policy of its own to highlight the effects (positive and negative) on environment. Few of the other policies followed by HPSLDC for smooth functioning are the CERC-regulation on renewable energy certificate, CERC Renewable Energy Tariff Regulations, 2020, Central Electricity Regulatory Commission (Deviation Settlement Mechanism and related matters) Regulations, 2014. HPERC regulations, CEA regulations, CERC regulations are followed by HPSLDC for smooth functioning of the organization like issuance of transferable and saleable certificates for the development of market in power from non-conventional energy resources. e. HPSLDC does not have a specialized Environment and Social Cell for implementation of mitigation measures against the ill effects of the project on the environment. In the Hydro Policy of the state of Himachal Pradesh, it has been mentioned that HPSLDC shall be 125 modernized to meet the future requirements and personnel shall be provided adequate training opportunities for acquiring necessary skill to efficiently manage the SLDC. Regular studies to assess Transfer Capabilities, are carried out for ensuring reliability and security in the respective control area of the State. Training related to environmental effects and its mitigations are not mentioned. f. Daily monitoring of centralized AC plant, window/split AC, use of computer and office automation, use of light, AHU etc ensures a low RPN score of around 25. Mitigation measures like installation of UVC Ammeters at AC plant and Installation of VFD on AHUs have been proposed at HPSLDC. Generation of plastic waste in the form of used plastic cartridges are sent back to the manufacturer for proper recycling and/or disposal. Eco-friendly measures like use of soft copies, double side printing, use of single side of pre-printed papers, etc are a norm at HPSLDC. g. HPSLDC being a bulk consumer of electrical and electronic equipment listed in Schedule- I and II of E-Waste Management Policy 2011, ensures that e-waste generated by them is channelized to authorized collection centre or registered dismantler or recycler or is returned to the pickup or take back services provided by the producers. It also ensures that all records of e-waste generated by them are available for scrutiny by the State Pollution Control or Pollution Control Committee concerned. h. Counselling of individuals have been suggested for stress induced due to long sitting hours at work place; for risks due to switching on and off of computers, training and awareness sessions have been proposed. For hazard identification and risk assessment during operation of VPS, UPS, 75 kVA DG set, water pump, AC plant, etc, Service Level Agreement (SLA) is the most frequently suggested control measure. i. Though measures have been suggested by HPSLDC for mitigation of environmental effects of its activities and for hazard identification and risk assessment, it remains unclear as to who shall be held accountable on non-compliance to these measures. j. Internal Complaint Committee (ICC) comprising of 4 personnel (1 Chairperson & 3 Members) in accordance with the guidelines laid down on “The Sexual Harassment of Women at Workplace, Act & Regulation, 2013” has been constituted. No grievances received yet. k. The employees raise their complaints to the head of the HPSLDC and then it can be redressed. l. Staff or officials on secondment, consultants, contractors, interns etc. can register a complaint by giving application on a paper. So far, no complaints have been received or registered. m. HPSLDC provides six weeks or six months Industrial Training as per to the students at various professional colleges. Around 25 students are undertaken for training in each year. There is no reservation for women students n. The findings from the gender study identifies and provides specific recommendations the following: Strengths Gaps: Recommendations: Tracking • All central and • Women staff in technical • HPSLDC from indicators: state roles with new age time to time • No. of new government technologies (SCADA etc) imparting trainings policies find it difficult to apply trainings through organized for applicable to their learning and must be renowned staff government always dependent on male institutes to all • % of women colleagues the technical staff employees • Women who are coming staff including participated • ICC formed women staff. from areas with poor and benefitted access to public transport Recently, training 126 • Apprenticeship and last mile connectivity on SCADA/ EMS from these program find it difficult to opt for system and other trainings • Training evening and night shifts. modules has opportunities for • Resting/Recreational/Break been imparted staff under rooms facilities are during June- July, presently common for both 2022. SAMAST men and women staff • Separate framework Resting/Break • Demand based rooms for industrial women staff training to engage college students • Study leave • Safe office drops services for women staff working after office hours, informal case to case office adjustments for pregnant staff, office breaks for nursing mothers • Feedback form on website 2.2.6.2 Program activities and associated social and environmental impacts PforR Activity Social Implications Environment Implications 1 Strengthening • Strengthening capacity of staff Program unlikely to have adverse governance following the need assessment impact on critical natural habitat. capacities with special focus on women to through develop and implement a reskilling, structured training plan. training and automation of • Review of existing E&S norms office. and system, gap analysis and upgradation. 2. Implementation No implication Production of large amount of e- of upgraded waste seems to be one of the few SCADA system at potential effects on the SLDC environment. Environmental aspects like energy saving, e-waste management can 127 be further improved with system improvement. 2.2.6.3 Assessment against core principles Core Principle #1: Program E&S management systems are designed to (a) promote E&S sustainability in the Program design; (b) avoid, minimize, or mitigate adverse impacts; and (c) promote informed decision-making relating to a Program’s E&S effects. SOCIAL MANAGEMENT: The overall policy in the country and the state related to social management like resettlement, benefit sharing, citizen engagement, social inclusion, gender mainstreaming and labor rights are in place. The mandate of SLDC and the activities under PforR are limited to digital solutions and backend data support which do not have specific social implications. ENVIRONMENTAL MANAGEMENT: The assessment of program systems under this principle determined that clear articulation of legal and regulatory framework with respect to environmental effects and mitigation is required. Due its nature of work there is generation of e-waste that can be one of the potential effects on the environment. Provisions for management of e-wastes like computers, copiers, fax machines etc, which are not working or nearing or at the end of their useful lifecycle are in place at HPSLDC. Environmental aspects like consumption of electricity, consumption of natural resources, generation of plastic wastes, generation of noise have been brought into consideration. Mitigation measures like regular monitoring, use of competent tools, use of energy efficient lightings, training and awareness are the proposed control measures at HPSLDC. All these can be covered under ESPP. Digitize complaint management or grievance redressal mechanism for staff, consultants, contractors, and interns so it is easily accessible, trackable, and responsive. Core Principle #2: Program E&S management systems are designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing ENVIRONMENTAL MANAGEMENT: The program and nature of activities of HPSLDC is unlikely to have adverse impact on critical natural habitat and physical cultural heritage. The assessment of the program system under this principal suggests that E-Waste and Safety protocols covering most important messages from the waste management & handling rules, etc need to be brought in. This necessitates bringing on board experts to strengthen institutional capacity in terms of sustainable management and/or disposal of wastes. Core Principle #3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. SOCIAL MANAGEMENT: SLDC has staff on secondment so their grievances and day to day work issues are handled by the parent employer. It is recommended that SLDC creates an internal forum to discuss concerns and complaints in a timely and accessible manner. In addition, SLDC can create avenues to increase women staff which is only 4 percent now. ENVIRONMENTAL MANAGEMENT: (Public and Worker Safety) Mitigation measures like installation of UVC Ammeters at AC plant and Installation of VFD on AHUs have been proposed at HPSLDC. For hazard identification and risk assessment during operation of VPS, UPS, 400kVA DG set, water pump, AC plant, etc, Service Level Agreement (SLA) is the most frequently suggested control measure. HPSLDC ensures that e-waste generated by them is channelized to authorized collection center or registered dismantler or recycler or is returned to the pickup or take back services provided by the producers. It also ensures that all records of e-waste generated by them are available for scrutiny by the State Pollution Control or Pollution Control Committee concerned. Core Principle #4: Program E&S systems manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards (Not Applicable) Core Principle #5: Program E&S systems give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities (hereafter referred to, interchangeably, as Tribals, Tribal Groups or Tribal Populations), and to the needs or concerns of vulnerable groups Information on implementation of targeted schemes for Scheduled Tribes on the utility’s projects is not avai lable. 128 Core Principle #6: Program E&S systems avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes (Not Applicable) 129 SECTION 3: ANNEXURES Annex 1: Stakeholder consultations Sr No Subject Participants Date Venue 1 Discussions on E&S aspects, which included: DoE • Superintending Engineer, 13 - 14 Sept., Virtual th E&S assessment, Policy Framework, Regulatory Nodal Officer DoE 2021 Provisions, Environmental systems on HPPTCL • Director (Projects) and addressing screening, scoping, assessing, M&E, • Environmental Expert disaster mitigation, pollution presentions, HPPCL • DGM Corporate Planning resource efficiency, cumulative imoact • DGM Contracts assessments, land management, social • AO R&R inclusion, addressing gender gap, preventive HPSEBL • Chief Engineer (System measures gender-based violence, labour Planning) Nodal officer of management, occupational health and safety HPSEBL and labour influx, Citizen engagement, grievance • Superintending Engineer management, institutional strengthening and (System Planning) staffing etc. HIMURJA • Chief Opeating Officer • Director, Nodal Officer of Himurja SLDC • Sr. Executive Engineer (SCADA/EMS) • Sr. Executive Engineer (SAMASTA/RA) • Assistant Engineer (SCADA) • Junior Engineer (SCADA) • Consultant (SCADA) 130 Sr No Subject Participants Date Venue 2 Meeting/ discussion on draft ESSA and feedback • DoE • Superintending Engineer, th th 15 - 16 March, Offices of from Individual entities Nodal Officer DoE 2022 Individual • HPPTCL • GM (Projects), HPPTCL’s Entities and Nodal Officer, Dy. Hotel Cecil in Manager (Projects) and Shimla Environmental Consultant • HPPCL • DGM Corporate Planning • DGM Contracts • AO R&R • HPSEBL • Chief Engineer (System Planning) Nodal officer of HPSEBL • Superintending Engineer (System Planning) • HIMURJA • Chief Opeating Officer • Director, Nodal Officer of Himurja 3 Gender Study - Presentation on Inception report • All relevant officers from all entities i.e. DoE, 30th March 2022 Virtual HPPTCL, HPPCL HPSEBL, HIMURJA and HPSLDC 4 Gender Study: • Director (Contract & Planning), GM 6th April, 2022 HPPTCL Office, Barriers and Opportunities for Women’s (Projects), Dy. Manager (Projects), Shimla Employment and Workforce Participation in Environmental Consultant Himachal Pradesh Power Sector (Interaction • HR Team and All Women staff of HPPTCL with HPPTCL) 5 1st Stakeholder’s Consultation • All relevant officers from all entities i.e. DoE, 20th May, 2022 Dharamsala HPPTCL, HPPCL HPSEBL, HIMURJA and HPSLDC with other stakeholders like CBOs, project developers, women staff, opinion leaders attended (detailed minutes enclosed) 131 Sr No Subject Participants Date Venue 6 2nd Stakeholder’s Consultation • All relevant officers from all entities i.e. DoE, 5th July, 2022 Peterhoff HPPTCL, HPPCL HPSEBL, HIMURJA and Hotel, Shimla HPSLDC with other stakeholders like CBOs, project developers, women staff, opinion leaders attended (detailed minutes enclosed) 7 Workshop on Labour tool by WB • DGM (Contract) Dy. Manager (Projects), 13th July, 2022 Peterhoff Environmental Consultant Hotel, Shimla 132 133 134 135 136 137 138 139 140 141 142 143 144 145 Photographs from the Shimla Consultation (July 5, 2022) 146 Dharamsala, May 20, 2022 147 148 149 150 151 152 153 154 155 156 157 Annex 2: Project cycle and social safeguards followed by HPPTCL Project Activity Potential Impact Mitigation Action Parameters to be Standards/ Measurement/ Institutional Implementation Monitored Frequency Responsibility Schedule PRE-CONSTRUCTION Involuntary Loss of lands & Compensation paid for temporary/ Public complaints Rates paid as per the HPPTCL - ESC Prior to resettlement or structures permanent loss of productive land Resettlement plan/Framework construction land acquisition for the project – Once phase Encroachment Loss of agricultural Avoid siting towers on farmland/orchards Tower location & Consultation with local HPPTCL - ESC Part of detailed into farmland productivity wherever possible transmission line alignment authorities & design engineers - alignment selection. Statutory Once survey & design approvals for tree trimming /removal from Horticulture department Location & design Disturbance to Maintain adequate59 clearance, construction Transformers & Technical specification- Once HPPTCL Detailed design of Substation adjacent lands & of retaining structures, minimise cut & fill specifications & compliance Measure setback distances to the people due to operations adjoining the dwellings with setback distances (“as- nearest house structures – Once cut & fill operations built” diagrams) Location of Exposure to Setback of dwellings to overhead line route Tower location & Setback distances to nearest HPPTCL Part of tower transmission Electromagnetic designed in accordance with Indian transmission line alignment houses, clearance of conductor siting survey & towers & Fields (EMF) & Electricity Act (Rule 77 & 80) for each selection with respect to from ground – detailed transmission line other safety related permitted level of power frequency & its nearest dwellings – Once Once alignment alignment & risks proper supervision at each tower site. survey & design design Explosions/Fire Hazards to life Design of substations to include fire control Substation design Tender document to mention HPPTCL Part of detailed systems/firewalls. compliance with fire detailed specifications – Once substation Provision of firefighting equipment to be prevention & control codes layout & design located close to transformers, switchgear /drawings CONSTRUCTION PHASE Construction Noise nuisance to Minimize construction activities undertaken Timing of construction Construction as per Scheduled HPPTCL, Construction schedules for neighbouring during the night & local communities (noise emissions, dBA) timings only Contractor period substation properties informed of the construction schedule. (provisions) Acquisition of Loss of agricultural Avoid faming/harvesting season for field Land area of agriculture Loss of crops-work in post- HPPTCL, Throughout cultivable lands productivity crops wherever possible for the project loss. Usage of existing harvest period but before next Contractor construction activities. Ensure existing irrigation facilities utilities. Status of facilities crop – Once per site (provisions) period are maintained in working condition. Protect (earthwork in m3) /preserve topsoil & reinstate after Implementation of crop construction is completed. Repair /reinstate compensation (amount damaged bunds etc. after construction. paid, dates, etc.) 158 59According to Central Electricity Authority (Safety Requirements for Operation, Construction & Maintenance of Electric Plants & Electrical Lines) Regulations 2008 159 Temporary use of Losses to Contract clauses specifying careful Contract clauses Incorporating good construction HPPTCL, Construction land neighbouring land construction practices. As much as possible Design basis & layout. management, design engineering Contractor period uses/ values existing access ways will be used. Productive Reinstatement of land practices - Once. (provisions land will be reinstated following completion status (area affected, m2). Consultation with affected under of construction. Compensation will be paid for Implementation of parties immediately after supervision of loss of production, if any. Tree/Crop compensation completion of construction & HPPTCL) (amount paid). after the first harvest – Once. In case of chance Loss/theft of In case of chance find of cultural artifacts & Chance finds GOI’s Treasure & Trove Act. - HPPTCL, Construction find of cultural precious property/archaeological features Continuous Contractor period artifacts & archaeological item (provisions property/archaeo uncovered in under logical features digging at sites. supervision of HPPTCL) Transportation & Nuisance to the Transport loading & unloading of construction Water & Air Quality CPCB Emission standards & HPPTCL, Construction storage of public materials should no cause nuisance to the Water Quality standards - Contractor period materials people by way of noise, vibration & dust. Half yearly (provisions Avoid storage of construction materials under beside the road, around water bodies, supervision of residential or public sensitive locations. HPPTCL) Construction materials should be stored in covered areas to ensure protection from dust, emissions & such materials should be bundled in environment friendly & nuisance free manner Temporary Loss of power Advance notice to the public about the time Disruption of power supply Regular monitoring during the HPPTCL, Throughout the outage of the supply to the local & the duration of the utility disruption to houses & commercial period of construction - At each Contractor construction electricity community when Restore the utilities immediately to premises. public complaint. (provisions period distribution lines overcome public inconvenience under crossing the new supervision of transmission line HPPTCL) are switched off 160 Health & safety Injury & sickness of Contract provisions specifying minimum Contract clauses (number HPPTCL & ADB Health & safety HPPTCL, Construction workers & requirements for construction camps of incidents & total lost- standards - Monthly Contractor period members of the Contractor to prepare & implement a health work days caused by (Provisions public. & safety plan & provide workers with required injuries & sickness) National Disaster Management under PPE & health & safety measures. Contractor Contract Clauses supervision of to prepare Emergency Response Plan. HPPTCL) Availability of ambulance or medical facility at Half Yearly work site both for workers and public should Contract Clauses be kept by contractor. Contractor to arrange for health & safety awareness programmes Regular including on AIDS & sexually transmitted HPPTCL’s Health & Safety Contamination & diseases (STD). To comply with HPPTCL’s Plan & guidelines as laid by Spreading of Novel Health & Safety plan in response to Covid-19, the govt time to time. Covid-19. pandemic. Capacity Building Improve standards Training of HPPTCL staff Training schedules Number of training program - HPPTCL- ESC Construction of implementation Yearly period & monitoring OPERATION PHASE Maintenance of Exposure to Transmission line design to comply with the Required ground clearance EHS Exposure on EMF – Annual HPPTCL Throughout the Transmission line electromagnetic limits of electromagnetic interference from (metres). operations interference overhead power lines Substation Exposure to Substation design to comply with the limits Required noise vibrations Technical specifications – on HPPTCL Throughout the maintenance electromagnetic of electromagnetic interference within floor levels public complaint operations interference area Noise generation Nuisance to the Provision of noise barriers near substation Noise level Noise level (dbA)- Once a year HPPTCL Throughout the community around sites if needed during operations operations the site Electric shock Death or injury to Security fences around substation Proper maintenance of Periodic maintenance HPPTCL Throughout the the workers & Establishment of warning signs fences & sign boards Number of programmes & operations public Careful design using appropriate Usage of appropriate percent of staff/ workers covered technologies to minimise hazards inside earthing/instrumentation substation & awareness raising programmes (lost workdays due to illness & injuries) Training for Raising awareness Training of HPPTCL personnel. Training schedules Number of training program - HPPTCL-ESC Operations Electric safety for electrical safety Yearly measures 161 Annex 3: Project Screening Format for Land requirement (HPPTCL) Sr. No Description Route no. 1 Route no. 2 Route no. 3 1 Approximate line length in Km 2 River/Nalla Crossing 3 Government/Forest area involvement i) Nos. of towers ii) Approximate Length (in Km) iii) ROW Approximate Length (in Km) 4 Non- Forest/Pvt area (in Hectares) i) Nos. of towers ii) Approximate Length (in Km) iii) ROW Approximate area (in hectares) iv) Wild Life sanctuary/National Park (in Ha.) v) Approximate distance from nearest wild life sanctuary 5 Development of Tower site Number of Towers Number of Gantries Land to be acquired for Tower base (in Ha.) 6 Road accessibility in Km (average lead from road to proposed line Route.) 7 i) Agricultural (in Ha.) Cultivated a. Irrigated b. Non-irrigated ii) Un Cultivated iii) House Or Building a. Residential b. Non-Residential 8 Approximate EHV Line Crossing no. 9 H T/ 11kV Line Crossing Approximate Nos. 10 Road Crossing in approximate Nos. 11 National/State crossing in Approximate Nos. 12 Telephone Line crossing in Approximate Nos. 13 Length of Route/Line passing in the territory of other state 162 Sr. No Description Route no. 1 Route no. 2 Route no. 3 14 Approximate Nos. of Trees in Forest land cutting Non cutting 15 Approximate Nos. of Private Trees in the route i) Fruit Trees Cutting Non-Cutting ii) Non-Fruit Trees Cutting Non-Cutting 16 Approximate Length of line route in snow zone area (in Km) Nos. of Towers 17 Approximate Length of line route in non-snow zone area (in Km) Nos. of Towers 18 Approximate Length of line route in cultivated area (in Km) Nos. of Towers 29 Approximate Length of line route in Un-cultivated area (in Km) Nos. of Towers 20 Highest Approximate altitude in route the line (in Meters) 21 Approximate distance from Nearest Airport 22 Approximate distance from the Nearest Religious/archaeological sites 23 Name of District 24 Land to be Permanently acquired for revetment of tower base: Area (in Ha.) a) Cost Alterative Selected 163 Annex 4: Communication Plan for HPPCL Addressing Information and Participation Deficit – Communication Tasks Stage of the Project/Activity Recommendations/Communicati Process/Institution Responsibility for on Tasks task/ monitoring After Consultation with affected • Information to • Task- Project MoU/Allotment/Feasibility people be provided on management. Report • At least one open meeting at internet/meeting • Monitoring: Environment impact/social Panchayat/ village level by s. District survey/ technical studies. consultants. • Joint meetings – Communicatio • Project public consultation and with all villages n/ public feedback through open directly/indirectl Counseling Unit meetings on project proposals y affected (by (DCCU). – capacity, alignment, location project/reservoir of major components, social , tunnel, power and ecological impact. house etc.). • Option Assessment/exploring • Record of alternatives. meetings on website. Public Hearings in all Information to affected public • Public • Task – project projects, irrespective of • Details in simple hearings/open management. size/number dislocated. format/language to be meetings with all • Monitoring – provided by project – in affected villages. District advance. • Advance notice Communicatio • Specific information of meeting. n& (i) government/private • Information in Counseling Unit lands/forests affected. local (DCCU). (ii) villages/families/ households language/simple - likely to be affected. format – to be • Reservoir elevation/ power circulated. house/ tunnel - alignment, • Information to location. be provided on • Copies/salient features of website. environment/social impact survey reports. Gram Sabha NOC (required Information Gram Sabha single Task: DCCU. under HP Policy) • Providing advance information agenda meetings (see above). convened Control & Monitoring specifically for • To be convened by District NOC. Administration/ DCCU. After implementation Agreement 164 Social & Ecological Impact/ Information • LADC/similar Task – DCCU. Mitigation • Information by project on project level (a) R&R – R&R social/ecological committees - compensation, progress, obligations/conditions. Annual review of grievances. Feedback & Response social & (b) Assessment/compensati • Addressing R&R grievances, ecological on for emerging emerging damage (e.g. land aspects. demands (e.g. tunnel slides). • Resettlement damage). Monitoring & Reporting Committee (c) Compliance by the • Report on compliance of social including PAF project with and ecological obligations and representatives. environment conditions. conditionalities and • Resettlement related progress/problems. complaints/problems. After Commissioning Residual problem handling – Information & Monitoring LADC/appropriate Task: DCCU. ecology etc. – (non project Information on technical/non financial committees. outcomes/status. Annual issues), community benefit Reports & Review. sharing scheme – funds and expenditure. All stages of the project Information on Project website Monitoring by • Copy user friendly summary of DCCU. EIA and SIA reports – local language. • Minutes of public meetings. • Details of affected families. • Grievances/action taken. • Status of employment cases. 165 HP Hydro Power Development: Core Messages/Signals Target Stakeholder/Audience Concerns Messages/Signals Process/Medium/Institution Local/affected/unaffected Government ignores socio Government cares for the PAF and believes in fair • Mass media. populations/NGOs ecological concerns and is play • Use of Himachal Diary (DD). bothered only about revenues. • Government priority is avoiding social • Use of Phone in Janvani programme AIR. dislocation and not optimization of project • Local meetings/government public capacity, subject to techno economic viability interaction in affected districts. (Present message: capacity is sacrosanct). • Printed Informative Brochures/ Calendars • Dislocation only where project otherwise not distributed locally. viable. Local/affected/unaffected Government and projects forget Government will ensure compliance of project Disseminate information through project populations/NGOs about socio and ecological obligations – during and after commissioning. websites (regarding Annual obligations, once NOC obtained. Reviews/Reports). Table-I. Dislocated communities Credibility of resettlement Dislocation may be involuntary but resettlement • Demonstrate viability of relocation sites process. will be participatory. etc. (arrange visits) rather than make promises people don’t believe. • Inclusive Resettlement Committee irrespective of (number of) families dislocated. Affected populations/NGOs Anxiety about uncertain future Focus on • Information on creation of annuity – aggravated by perception of • Gains/benefits rather than (compensation of) community benefits sharing and similar failure of past projects. losses. schemes. • Gains to affected people rather than people of • Cover projects underway to the extent HP/State/or local feasible under Annuity Scheme. committees. • Proactive role in and engagement of PAF • Government guarantee to address unknown in employment processes. future impacts (e.g. landslides). • Meetings and other similar forums. • Employment of PAF. 166 PAF Lack of information and Government will ensure relevant information DCCU and other institutions participation. and participation through appropriate mechanisms. General Public of HP Social and ecological • Revenue is only a subsidiary consideration; • State media. Local populations consequences of projects borne concern for ecology a government priority in • Incorporate in appropriate PR material - by the people in HP while power hydro power development. e.g. Calendars & Pamphlets. generated is surplus to HP need. • Hydro power advantages: (a) power at reasonable rates; (b) reduced tax burden on public due to additional source of revenue. 167 Annex 5: Note on Labour Management (HPPCL) Category of Labour, Labour Camp and Risk assessment of labour influx and impact on host communities 1. Data on categories of labour: The labour categories are covered under highly-skilled, skilled, semi- skilled and unskilled. HPPCL’s four projects have been commissioned viz Kashang HEP Stage-1, Sawra-Kuddu HEP, Sainj HEP and Berra Dol (Solar Power Project). As mentioned above that the project is commissioned thus at present no labour is available there. The construction activities are going on in Shongtong-Karchham HEP so if required the data shall be provided accordingly. 2. Data on labour camps/conditions: 2.1 Kashang Stage-1 : The following facilities had been provided in Kashang Stage-I Labour camp: (a) Provision of Fuel: During the construction of the Kashang HEP Stage-1 to mitigate the biotic pressure over adjoining / nearby forests, suitable alternate arrangement of fuel wood had been made for all the laborers and staff. The LPG Cylinders & heating arrangements had been provided to the labourers free of cost. During the construction period i.e. April, 2009 to Oct. 2016, Aprox. 7550 numbers of commercial cylinders (19Kgs/Cylinder) were provided to the workers besides running a community kitchen/mess at all the locations of Project construction sites. (b) Solid Waste Management: During the construction, the safety tank and soak pits were provided at each location of labour Colony for proper Solid Waste Management. (c) Health Management: During the construction of the Integrated Kashang HEP Stage –I, A dispensary had been opened at project site with one Doctor, one Pharmacist and medical aids. Two numbers of first aid centres had also been opened in the Intake and Power House sites. Besides that Medical camps were also organized by HPPCL in Project affected Areas and free medicines were also distributed among local inhabitants. Proper recreational facilities were also provided to laborers like television, sports kits etc. Apart from above, HPPCL has also introduced a project level medical fund scheme to cater the demand of the local inhabitants as the project is located at remote area with limited or no access to medical facilities. Approximately Rs. 13 Lakh has been disbursed by HPPCL among local inhabitants of Integrated Kashang Stage-I. (d) Provision for Electricity: Free electricity has been provided in the labourers camp for through, heating and lighting & lighting purpose. 2.2 Sawra-Kuddu HEP: The following facilities had been provided in Sawra-Kuddu HEP Labour Camp. (a) Sewage Treatment Plant: The community toilets and septic tanks were constructed near the labour camps. A sweeper was also hired for regular cleaning of community toilets as well as maintenance like replacement of faulty flushing cistern & taps etc. Since the project has been commissioned hence the toilets have been dismantled by the contractor. For the sewage disposal of Sawra Kuddu colonies two Nos. Sewage treatment plant installed at Hatkoti and Snail with the cost of Rs. 43.0 lacs. (b) Solid Waste Management: Initially three bins collection system was adopted in the colonies to collect and dispose-off solid waste. Now all the municipal waste is being incinerated at both colonies at Snail and Hatkoti. Two nos. of incinerator have been put to use, one each at Hatkoti and Snail. (c) Provision of fuel: In Sawra-Kuddu HEP, Community Kitchens for the workers were provided. The LPG & Diesel was used as fuel in Community Kitchens. (d) Potable water collection and storage (bore wells, upstream river): 8 No.s Bore wells had been installed at different locations for the purpose of drinking with proper storage arrangements. (e) Strengthening of Health Management System: The Local Health Center had been strengthened by HPPCL through providing grants to the tune of Rs. 5 lacs to cater for additional load of labour force in the area. X-Ray Machine had also been provided to the Local Health Center. On the request of local inhabitants equipment amounting to Rs. 3.00 lacs for installation of laboratory at the Primary Health Center at Sawra had also been purchased. 168 3. Risk assessment of labour influx and impact on host communities: As per the EIA the Risk assessment of labour influx and impact on host communities is as follows: (a) The labour force that would work in the construction site would settle around the site. They would temporarily reside there. This may lead to filth, in terms of domestic wastewater, human waste, etc. (b) Other deleterious impacts are also likely to emerge due to inter-mixing of the local communities with the labour force. Differences in social, cultural and economic conditions among the locals and labour force could also lead to friction between the migrant labour population and the total population. (c) The labour force would also cut trees for use of fuel wood (d) Spreading of Health related issues 4. Under the EMP to mitigate the risk assessment of labour influx and impact on host communities following provisions have been incorporated. (a) Management & Monitoring of health issues in the Contractor’s camp area / work areas which shall necessarily include test for HIV. (b) Community outreach & communication programme including resolution mechanism to deal with issues and concerns that they may arise during the construction period. (c) Code of Conduct – Work Force behaviour. (d) Detailed procedures for receiving and addressing complaints including a complaint register. (e) Educating the work force on traditional village life. (f) Communicating risks to villagers and river user etc. 5. Mitigation of impacts. These possible impacts were avoided by proper planning of their settlement in following manner. (a) As per the State Govt policy large number of labour was employed from Himachal and majority of them from local area itself so there was not any huge influx of labour per se. (b) Proper camps were provided for accommodation of labour with all the sanitary facilities, so any problem of filth did not arise. There were proper facilities for collection and incineration of solid waste and disposal of kitchen and human waste. (c) Since provision of free fuel for labour was mandated in the contract documents hence such fuel was provided, and community kitchens were run which prevented any littering in the project area or cutting of trees for fuel wood. (d) Labour camps were set up in the vicinity of the project area hence cultural mixing did not happen. In any case the numbers of outside labour were large enough to cause any significant impact on the local population in terms of their culture or local traditions even if there was any mixing. (e) There were proper check-ups of the labour before induction into the project work, so any health risk was also avoided. 169 Annex 6: Checklists for Social Assessments Checklist for Social Assessment DOE 1. Is there an overarching policy on Social Safeguards and Social Risk management (R&R, benefit sharing, stakeholder engagement, labor welfare and rights, gender, social inclusion) 2. Are there any performance indicators against which utilities report and DOE tracks and supports? 3. DOE is responsible for examining DPR implementation against social norms. Who in DOE is responsible for this? Kindly support in meeting them. 4. Please share: a. Draft copy of the Communication strategy for Himachal Pradesh b. ESIA/CIA Reports c. Grievance reports: DOE shared that in case of violation in projects and on receiving complaints, DOE takes up the matter with the penalizing authority, could you explain that in details with specific examples. d. Organogram clearly showing E&S responsibility even if co-designated e. Benefit sharing and other E&S policies f. Monthly reporting on projects, which also covers labor data g. Information on the Internal Complaint Committee. h. any handbook or policy document for human resource management 5. Gender and Inclusion: a. For DoE, could you share how many employees are women, SC, ST, OBC and PwD? b. What amenities have been provided to female employees/workers at the workplace? c. What measures have been taken to increase employment opportunities of women in this sector? d. Is there and Internal Complaints Committee? Kindly support in meeting with members. e. Does the agency have any internal policies or code of conduct to ensure equal opportunities for women and other marginalized groups (ST/SC, OBC, persons with disability) within the organization? Please explain and provide any service rules/regulations/govt. notifications which prescribes quotas 6. Staff and Labor: a. Is the complaint system accessible to all types and category of staff? b. What are the categories of complaint? 7. Kindly support us in meeting with the Communication and Social Expert Checklist for Social Assessment HIMURJA 1. You shared that there is a vision document for HIMURJA keeping in mind is role for other renewable energy, could you share a draft? 2. How and where are request for proposals (for inviting IPPs) advertised? 3. We have seen the guidelines for private investors, could you share some additional information: a. List of IPPs or any database b. Any ranking or ratings of IPPs c. Feasibility Reports d. Detailed Project Reports 4. Could you support in organizing a meeting with a few IPPs? 5. Is there any assessment on ease of business? Has there been any review of procedural bottlenecks? 6. What are the reason for project approvals? 7. Land: a. Are you aware of the land acquisition processes and procedures followed by HPPCL and what is HIMURJA’s role? b. Are the delays due to land related issues? c. How is the community informed about the project, the possible impact and timelines? 170 d. What are the challenges? What are the common land related grievances or complaints? Are there any lessons? e. Is there any consolidated evaluation report on HIMURJA land related impacts? If no, would you consider it something that can be undertaken? 8. Outreach: a. Is there Communication Strategy for promoting renewable energy? b. Who is the target audience for HIMURJA and how are they made aware? c. For distribution of solar products, who are the beneficiaries? 9. GRM: a. Does HIMURJA receive any grievances? b. Are there any systems for GRM? c. Is there a responsibility matrix? d. Are grievances recorded and tracked? 10. Gender and Inclusion: a. HIMURJA has 177 staff positions. Could you share how many employees are women., SC, ST, OBC and PwD? b. What amenities have been provided to female employees/workers at the workplace? c. What measures have been taken to increase employment or entrepreneurship opportunities of women in this sector? d. Is there an Internal Complaint Committee? e. Does the agency have any internal policies or code of conduct to ensure equal opportunities for women and other marginalized groups (ST/SC, OBC, persons with disability) within the organization? Please explain and provide any service rules/regulations/govt. notifications which prescribes quotas 11. Staff and Labor: a. To understand staffing systems, is there any handbook or policy document? b. Is the complaint system accessible to all types and category of staff? What are the categories of complaint? c. What is the role of HIMURJA in ensuring site supervision, labor safety and welfare and addressing any possible conflicts with local residents in case of migrant workers? Checklist for Social Assessment HPPCL 1. Please share HPPCL’s organogram for only environment & social management. 2. Please provide details on SAP-EHS and other applicable modules, along with corresponding indicators to measure progress on environmental and social performance in HPPCL projects. Request for a meeting with:Persons managing the following modules: SAP Application for Environment Health and Safety (SAP-EHS) and Quality Management, Human Capital Management (SAP-HCM), Employee Self Service 3. Benefit Sharing: a) Are there any guidelines/policy/G.O. on benefit sharing? b) Are there any SOPs to operationalize the guidelines/policy/G.O. on benefit sharing? c) Which models or types of activities are adopted for benefit sharing (revenue sharing, area development, CSR, etc)? Any case studies available, kindly share. d) What institutional mechanisms are available to plan and implement? e) What monitoring system is in place to track performance and ensure transparency in implementation? Request for a meeting with:E&S Cell at the Corporate and PIU level 4. Capacity development: a) What are the topics and themes covered under trainings provided to the staff on management of social safeguards? How many such trainings have been conducted so far? b) Who conducts the trainings? Is there a training officer/manager, firms, or institutes on board? Is there any repository of curriculum/learning material? 171 c) Is there a Training Calendar? Is there any Training Needs Assessment conducted? d) Is there a system of reporting on trainings? e) What are the challenges? Request for a meeting with:E&S Cell at the Corporate and PIU level 5. Land: a) Please provide details on negotiated settlement processes adopted for acquiring land. How often is this process used, and why? Please share details of committees formed for negotiated settlement, and a sample MoM. b) How are issues pertaining to temporary disruption of services during construction addressed – livelihood, housing, access to streets/roads etc.? c) Please share a sample R&R Plan for existing projects along with quarterly/six-monthly compliance or R&R implementation reports. Request for a meeting with:Anita Gupta, AO R&R andPAPs 6. Citizen Engagement: a) What mechanisms are used to ensure that stakeholders are identified and that their views, concerns, and suggestions are systematically considered during project preparation? b) Does HPPCL have a communication strategy and designated staff or agency? If yes, what are their responsibilities? c) How and when are the consultations with stakeholders undertaken? d) Is there any system to include a representative cross-section of groups (women, poor, differently abled, SC/ST/OBC). Request for a meeting with:E&S Cell at the Corporate and PIU level 7. GRM: a) What are the systems and mediums for GRM? What is the timeframe within which grievances are mostly addressed? How accessible are the GRM systems for the public, particularly for those living in remote areas? b) Are grievances recorded and tracked? c) Is there a monthly/timely report available? d) What is the nature of complaints mostly received? Do the established GRMs accept and process grievances relating to E&S management issues? e) As an institution, how does HPPCL address gender sensitivity and cases of sexual harassment? f) Are there any existing challenges or barriers in efficiently redressing grievances? Request for a meeting with:Persons/Unit in charge of managing grievance redressal 8. Gender: a) What is the current staff strength (management, permanent employees, contractual, daily wagers)? Total: Male: Female b) Is there any system of positive discrimination/quotas? Please explain and provide any service rules/ regulations/ govt. notifications which prescribes quotas c) HPPCL has an Internal Complaint Committee (ICC) for cases on sexual harassment. Can you link us with its members? What is the ICC members’ role? How many members? Frequency of meetings? How are staff made aware? What is the preventive/educational role? What is the response/remedial role? What challenges do you face? How can the committee be more effective? d) Does the agency have any internal policies or code of conduct to ensure equal opportunities for women and other marginalized groups (ST/SC, OBC, persons with disability) within the organization? e) What amenities have been provided to female employees/ workers at the workplace? f) What measures have been taken to increase employment opportunities of women in this sector? Request for a meeting with:HR Unit representative and ICC Member 9. Labour: 172 a) Is there a system to monitor and ensure compliance of labour laws related to working hours, welfare conditions of services and employment, workplace discrimination at the construction sites? b) What are the systems available for the staff and construction workers to lodge complaints? c) Where is the labour sourced from (what percentage of migrant labour)? d) Are there any measures taken to ensure that the conflicts between migrants and locals are minimized? Request for a meeting with:Contractor (Construction) and Supervision Engineers Checklist for Social Assessment HPPTCL 1. Land: a. Can you share names and designation of personnel at the Corporate Office who manage the profile of land acquisition and right of way? b. How is the community informed about the project, the possible impact and timelines? c. What are the challenges? What are the common land related grievances or complaints? Are there any lessons? d. Is there any consolidated evaluation report on HPPTCL land related impacts? If no, would you consider it something that can be undertaken? Request for a meeting with:PIU Staff and b. PAPs 2. Citizen Engagement and Social Inclusion: a. Is there Communication Strategy? b. Can you share a copy of the Stakeholder Engagement Plan? c. What mechanisms will be used to ensure that stakeholders are identified and that their views, concerns, and suggestions are systematically considered? d. Is there any system to include a representative cross-section of groups (women, poor, differently abled, SC/ST/OBC)? e. Do you have a citizen charter? Request for a meeting with:Mr. Madan Lal and Mr. Rahul Singh (Protection & Communication) 3. GRM: a. What are the systems and mediums for GRM? (like face to face, telephonic, web base, app based) b. Is there a responsibility matrix? c. Are grievances recorded and tracked? d. Is there a monthly/timely report available? e. What is the nature of complaints mostly received? Do the established GRMs accept and process grievances relating to E&S management issues? f. As an institution, how does the agency address gender sensitivity and cases of sexual harassment? g. Are there any existing challenges or barriers in efficiently redressing grievances? h. What is the timeframe within which grievances are mostly addressed? i. How accessible are the GRM systems for the public, particularly for those living in remote areas? Request for a meeting with: GRM in charge at corporate Office and GRM in charge at PIU 4. Gender and Inclusion: a. 6 percent of HPPTCL employees are women. Can you share what positions these 20 women occupy? b. What amenities have been provided to female employees/workers at the workplace? c. What measures have been taken to increase employment opportunities of women in this sector (construction, O&M, etc.)? 173 d. Regarding the Internal Complaint Committee: What is the preventive/educational role? What is the response/remedial role? What challenges do you face? How can the committee be more effective? e. Can you share employee breakup in terms of SC, ST, OBC and PwD? f. Does the agency have any internal policies or code of conduct to ensure equal opportunities for women and other marginalized groups (ST/SC, OBC, persons with disability) within the organization? Please explain and provide any service rules/regulations/govt. notifications which prescribes quotas Request for a meeting with:Mr. Anil Kumar Sharma, Director Personnel; Mrs. Poonam Gupta, Chairperson of the ICC; Ms. Nidhi Kashyap (Intern form Baddi University) 5. Staff and Labor: a. To understand staffing systems, is there any handbook or policy document? b. Could you share a copy of Labor Management Plan? c. Could you share compliance reports and photographs of Labor Camps? d. What are the systems available for the staff to lodge complaints? e. Is the complaint system accessible to all types and category of staff? What are the categories of complaint? Request for a meeting with:Mr. Rajiv Sood, Planning and Contract; Meeting with Contractors (construction) 6. Overall Social Management: a. Is there evidence from other projects (non-ADB) or own source to understand how HPPTCL as an institution is implementing the policy and tracking compliance? b. Is there an MIS? Is there a module and any indicators to measure progress on social performance? c. There are six topics on which user manuals have been shared, (HR, Payroll, MM, Fico, PS, AM). Is it possible to go over the manual relevant for ones used by Social Experts? d. Is there any training portfolio for social safeguards? Can you share topics, calendar, experts and results? e. Can you share anything about the Vigil Mechanism Committee? Request for a meeting with:Jyotidhari Singh, Environment and social Monitoring cell; PIU Managers and Meeting with PAPs (with support of the E&S Cell) Checklists for Social Assessment: HPSEBL 1. Please clarify boundaries of HPPTCL and HPSEBL’s role in terms of development of transmission systems (substations and transmission lines, etc.). 2. Please share HPSEBL’s organogram for environment & social management. Request for a meeting with:Reema Kashyap, HPSEBL 3. Capacity development: a) What are the key topics and themes covered under trainings provided to the staff and workers? Does it cover occupational health and safety, workers welfare, emergency preparedness, grievance redressal, R&R issues, among others? b) Who conducts the trainings? Is there a training officer/manager, firms, or institutes on board? Is there any repository of curriculum/learning material? c) Is there a Training Calendar? Is there any Training Needs Assessment conducted? d) Is there a system of reporting on trainings? e) What are the challenges? Request for a meeting with:Reema Kashyap, HPSEBL 4. Land and livelihood: a) Does HPSEBL have a utility level Resettlement and Rehabilitation Policy applicable to both externally funded (KfW, ADB, etc.) and planned & non-planned supported schemes? b) Are social safeguard requirements applied to all projects (irrespective of source of funding)? c) Have any environmental and social assessment been undertaken for the proposed Smart Grid project (in 13 towns)? Please share details. 174 d) What systems are in place to ensure that crop compensation/ R&R given is reached to the beneficiaries. e) Please provide a Resettlement Plan, along with implementation reports for crop compensation/LA R&R for KfW projects. Request for a meeting with:PIU staff managing compensation/R&R in HPSEBL and PAPs 5. Consumer engagement/satisfaction: a) Tariffs: What procedure is used for determining tariffs? How often are tariffs revised? How do consumers and others participate in the process? Are any subsidies provided to marginalized communities/groups? Please provide details. b) Outreach: Does HPSEBL have a communication and outreach strategy and designated staff or agency? If yes, what are their responsibilities? What are the key outreach strategies used by HPSEBL and when are they applied? Please share details of outreach activities undertaken in FY 2020-21. c) Satisfaction index: Does HPSEBL have any consumer feedback mechanism and performance benchmark to assess consumer satisfaction in terms of affordability, reliability, quality, and efficiency of services? Request for a meeting with:Communication Expert in HPSEBL and Secretary, Consumer Grievance Redressal Forum 6. Citizen Engagement: a) What mechanisms are used to ensure that stakeholders are identified and that their views, concerns, and suggestions are systematically considered during KfW project preparation? b) Please share a copy of KfW project’s Stakeholder Engagement Plan. c) How are issues pertaining to temporary disruption of services during construction/repairs/upgradation/maintenance works addressed by HPSEBL? Request for a meeting with:Communication Expert in HPSEBL and PAPs 7. GRM: a) Please provide details on constitution and convening of Consumer Grievance Redressal Forums. b) What is the timeframe within which grievances are mostly addressed? How accessible are the Consumer Grievance Redressal forums for the public, particularly for those living in remote areas? c) As an institution, how does HPSEBL address gender sensitivity and cases of sexual harassment? d) Are there any existing challenges or barriers in efficiently redressing grievances? Request for a meeting with:Office of Chief Engineer, Planning Systems and Secretary, Consumer Grievance Redressal Forum 8. Gender: a) What is the current staff strength (management, permanent employees, contractual, daily wagers)? Total: Male: Female b) Is there any system of positive discrimination/quotas? Please explain and provide any service rules/ regulations/ govt. notifications which prescribes quotas c) HPSEBL has an Internal Complaint Committee (ICC) for cases on sexual harassment. Can you link us with its members? What is the ICC members’ role? How many members? Frequency of meetings? How are staff made aware? What is the preventive/educational role? What is the response/remedial role? What challenges do you face? How can the committee be more effective? d) Does HPSEBL have any internal policies or code of conduct to ensure equal opportunities for women and other marginalized groups (ST/SC, OBC, persons with disability) within the organization? e) What amenities have been provided to female employees/ workers at the workplace? f) What measures have been taken to increase employment opportunities of women in this sector? Request for a meeting with:Reema Kashyap, HPSEBL 9. Labour: a) Is there a system within HPSEBL to monitor and ensure compliance of labour laws related to working hours, welfare conditions of services and employment, workplace discrimination? b) What are the systems available for the staff/workers to lodge complaints? 175 c) Please share the Standard Operating Procedures adopted on workers’ safety. Also, share information on worksite accidents, near misses and action taken in the last financial year. Request for a meeting with:Contractor/s (Construction); Supervision Engineer for projects financed by KfW; Chief Safety Officers Checklists for Social Assessment: HPSLDC 1. Please provide details on the ongoing Internship Program in HPSLDC- advertisement process, application process, selection criteria, duration of internship (45 days?), nos. of interns taken in a year, nos. of women applicants in FY 2020-21. 2. Please provide details on grievance redressal systems for all staff: officials on secondment, consultants, contractors, interns, etc. a) How does a staff member register a complaint? b) What is the timeframe within which grievances are mostly addressed? c) Are grievances recorded and tracked? d) What is the nature of complaints mostly received? e) Are there any existing challenges or barriers in efficiently redressing grievances? 3. Is there any system of positive discrimination/quotas? Please explain and provide any service rules/ regulations/ govt. notifications which prescribes quotas. 4. There is an Internal Complaint Committee (ICC) for cases on sexual harassment. Require the following details: What is their role? How many members? Frequency of meetings held, How are staff made aware? What is the preventive/educational role? What is the response/remedial role? What challenges do you face? How can the committee be more effective? 5. Does HPSLDC have any internal policies or code of conduct to ensure equal opportunities for women and other marginalized groups (ST/SC, OBC, persons with disability) within the organization?Please share details on HR policies on maternity benefit, employment welfare, equal opportunities, etc. applicable to HPSLDC. Request for a meeting with:Sanjay Ranaut, SLDC and Member of ICC 176 Annex 7: Consolidated Summary of Assessment against Core principles DoE HPPTCL HPPCL HPSEBL HIMURJA HPSLDC Core Principle #1: Program E&S management systems are designed to (a) promote E&S sustainability in the Program design; (b) avoid, minimize, or mitigate adverse impacts; and (c) promote informed decision-making relating to a Program’s E&S effects. SOCIAL ASSESSMENT: DoE has the legal authority As per Environment and HPPCL has an E&S policy The legal framework at The legal framework at The overall policy in the and backing for Social Safeguards Policy and provisions as well as national and state level is national and state level is country and the state aggregating, developing, (ESSP), HPPTCL is to ensure reporting and tracking robust and the utilities take robust and HIMURJA is related to social mainstreaming, and that development of power mechanisms. cognizance of it. ESMP is supported by utilities and management like monitoring the social transmission system required for managing their systems for resettlement, benefit policies, systems, and network in socially HPPCL organizes public substation project to implementation and sharing, citizen reporting mechanisms. At sustainable manner and consultations, RR staff address the issues of monitoring. There are engagement, social present DoE does not have public disclosure for maintains direct contact screening, managing and multiple systems for GRM inclusion, gender any systems to monitor if transparency and with PAFs and keeps them mitigating social risks. Lack as well. mainstreaming and labor screening and scoping are mainstreaming the aware about the project of institutional procedures, rights are in place. The done by Power environmental and social and welfare activities being practices as the HIMURJA does not have mandate of SLDC and the Utilities/Departments at concerns in operations. carried out by the compliances are project the mandate, activities under PforR are project levels. The officials There is an Environment organization. They have specific. corresponding systems and limited to digital solutions have additional charge of and Social Cell (ESC) at the also appointed capacities on social risk and backend data support social management, and Corporate Level to manage coordinators from the The Contractor is management despite which do not have specific the capacity development safeguard compliance. project area who are the responsible for carrying out significant social impacts of social implications. portfolio is not effective mean of the work at the proposed the projects its supports. systematized for To assess the overall E&S communication with local site in full compliance with Available documentation developing adequate skills performance of HPPTCL, people. Community Based this ESMP and applicable makes it difficult to track in performing the reports on performance Organizations are also regulations. With limited accessibility, efficiency and responsibilities. Also, against key social utilized for such activities. documentation on effectiveness of the GRM. documentation available indicators are not available. HPPCL has established management of social risk on GRM is scant. Also, documentation GRCs in every project. indicates that there are available on GRM is scant. However, reports on social substantial gap in reporting performance and outcomes are not available Similarly, information at corporate level on GRM remains limited ENVIRONMENTAL ASSESSMENT: Environmental Management Systems are working for major projects having regulatory or funding requirements. 177 DoE HPPTCL HPPCL HPSEBL HIMURJA HPSLDC DoE provides policy ESMF is in place for HPPCL’s Environment HPSEBL has ESMP which The allotment of small Environmental footprint is support for developing and assessments of potential Policy for Hydro Power captures early hydel projects is governed limited and systems will executing the projects but impacts. The prescriptive Projects is guided by the identification for physical, through the Hydro Power developed for e-waste does not have an umbrella framework also covers principles of sustainable environmental, ecological Policy framed in 2006 and management, health and E&S framework . The international treaties and development, minimum resources. It needs to be its amendments till date. At safety at the work place Individual Power Utilities/ convention signed and environmental setbacks made uniform and present no formal E&S and energy efficiency. . Departments have their ratified by India. ESSP policy and economic efficiency strengthened further for system exists for explicit own systems of screening is in place, spells out and viability. HPPCL have making it part of planning, assessment of potentially A comprehensive and scoping. At present identification of mitigation clear institutional operational, monitoring of induced, and cumulative, Environment Social system DoE does not have any measures and considers responsibilities and all projects under HPSEBL. impacts. Procedures based on mechanisms to check if environmental implications resources to support It has recognized elements above aspects will be screening, scoping and of location, terrain and implementation of of environmental and The program will support developed during the monitoring and all these sensitive areas in impact environmental social assessment of good in strengthening project. are appropriately taken identification and mitigates management plans. practices for potential institutional capacity by care by Power Utilities/ these with innovative, Environment Social effects. Though present developing systems for Departments at project practical engineering Management Unit (ESMU) system lacks to record addressing environmental levels. solutions. It is noted that in place for evidences for such risk impacts. Policy and the existing systems and documentation and practices in the phases of procedures will be The exiting cumulative practices are project and preparation of EIA, ESMP implementation and developed covering impact analysis (CIA) and activity specific and in coordination with monitoring. environmental screening, individual EIAs based integrated, which can be consultants. The head of A comprehensive risk identification, environmental applied across the activities ESMU works on additional Environment Social system implementation management plans of of HPTCL. charge basis. Dedicated Procedures Document is procedures and various interventions in Though there are clear and trained E&S staffs are recommended during the monitoring protocols, the sector although depictions of Role and present in HPPCL. There is project period. including biodiversity, address almost all Responsibility with complete transparency health safety and climate parameters, however need emphasis on adherence to with different change aspects for all further strengthening on their ESSP policy for all stakeholders on sharing activities. the issues related to officials including dedicated information. Compliance A comprehensive changes in hydrological personnel for environment. reports are filed on regular Environment Social system regime, downstream However, there is no basis for submission to Procedures Document is flows, territorial and regular staff on different authorities. recommended during the aquatic biodiversity, etc. environment. The current Gap analysis based, project period The existing resources are staffs are hired on need comprehensive Strategic overburdened with and contract basis, and environmental and social additional charges and also lacks skill on biodiversity. analysis is being envisaged planned resources are not during the project to 178 DoE HPPTCL HPPCL HPSEBL HIMURJA HPSLDC allocated for training and A comprehensive recommend strengthening the system Environment Social system environmental, social and Procedures Document is climate change-based DoE lacks an all-inclusive recommended during the sustainability environmental monitoring project period benchmarking protocols and management system, for existing, pipeline and on the lines of global best new projects. . industries practices. Strengthening of evidence A roadmap to develop a based IT enabled dash comprehensive strategic board for an integrated policy document for basin state level reporting and wide environmental monitoring system at DOE sustainability protocols in to bring integration of environmental the Power Sector. management milestones of Capacity strengthening to the projects/ activities of all train staff on utilities on environmental benchmarking protocols risks and their and regular sustainability management and monitoring mitigation actions thereof is recommended . Core Principle #2: Program E&S management systems are designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. SOCIAL ASSESSMENT: Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable ENVIRONMENTAL ASSESSMENT: None of the Program activities are in geographical locations, which involve critical natural habitats or critical physical cultural heritage areas. There will be no conversion or degradation of critical natural habitats. The agency pays explicit There is no policy Not applicable DoE is dependent on attention on framework available to project developers for ESSP policy speaks of environmental screening ESMP is there that takes avoid, protect or conserve taking appropriate measures to avoid, and assigns values to account of impact on critical natural habitats. measures for early minimize and mitigate any biodiversity resources at physical cultural properties identification and potential adverse impacts or near the upper end of and ensures avoidance of The program will support screening of potentially on any sort of physical the range of uncertainty. Eco sensitive areas, Forest the agency to develop important biodiversity and cultural property and In particular, ancient areas or to keep it to the systems to address E&S 179 DoE HPPTCL HPPCL HPSEBL HIMURJA HPSLDC cultural resource areas. avoiding any sort of sacred groves and barest minimum, any risks that will have in-built Project specific Policy do destruction or damage to “biodiversity hotspots” are concern is addressed by screening mechanism. exist and followed by them by using field-based treated as possessing incorporating the same individual entities. The surveys that employ “Incomparable Values60”. into designs or mitigating program is unlikely to have qualified and experienced The agency has process the same by keeping the adverse impact on critical experts during the and systems in place to provisions in EMP. In natural habitat and environment assessment. address E&S risks and existing system there is an physical cultural heritage. There are provisions for the impacts. absence of clear and The integrated monitoring use of ‘chance find’ uniform E&S policy for system of environmental procedures and ensures the Updated and guiding mandates on and social aspects of all management/ conservation strengthened ESPP is protection, conservation utilities as per their project approach for any such recommended to and rehabilitation of milestones is also required materials discovered during Integrate all- natural habitats; avoids the at DoE level. Since DoE acts project implementation. encompassing uniform significant conversion or on behalf of Government There is a gap of application system on screening, degradation of critical of HP, DoE needs to act as of policy at uniform scale if managing and monitoring natural habitats and nodal department on there is no regulatory or for an effortless execution measures to mitigate or environmental and social funding requirement. of projects is lacking. offset impacts or program policy procedures, activities guidelines, scoping and Strengthening ESPP is monitoring. recommended so as to Updated and strengthened have uniform ESPP is recommended to Integrated IT enabled M&E environmental systems for Integrate all-encompassing system will capture natural management and uniform system on habitats and physical monitoring. screening, managing and cultural resources data of monitoring for an effortless the program. execution of projects is lacking. 60 Species with high genetic value are identified as ‘Incomparable Value’ under HPPCLs Environmental Policy and strive to site its projects such that the ecology of any environmentally sensitive zones or high value conservation areas is least affected and it is ensured to not affect such species or their habitat in any way. 180 DoE HPPTCL HPPCL HPSEBL HIMURJA HPSLDC Core Principle #3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. SOCIAL ASSESSMENT: Adequate legal provisions Adequate legal provisions Adequate legal provisions Adequate legal provisions Adequate legal provisions HPSLDC has staff on in the national and state in the national and state in the national and state in the national and state in the national and state secondment so their laws which are a part of the laws which are a part of the laws which are a part of the laws which are a part of the laws which are a part of the grievances and day to day bid documents for all bid documents for all bid documents for all bid documents for all bid documents for all work issues are handled by projects. There is a gap in projects. Labour records projects. Labour records projects. Labour records projects. Labour records the parent employer. It is the tracking and reporting are maintained at site and are maintained at site and are maintained at site and are maintained at site and recommended that SLDC on sites, labour conditions, monthly reports monthly reports monthly reports monthly reports creates an internal forum any cases of labour law submitted. It is ensured submitted. submitted. submitted. to discuss concerns and violation, gender-based that Contractor has GRM complaints in a timely and violence. There is also an for workers/labour and its Absence of clear systems Absence of clear systems Absence of clear systems accessible manner. In absence of systems for risk records are also and capacities to map and capacities to map and capacities to map addition, SLDC can create assessment of labour influx maintained. social risks and track social social risks and track social social risks and track social avenues to increase and impact on host outcomes. outcomes. outcomes. women staff which is only 4 communities. percent now. ENVIRONMENTAL ASSESSMENT: The nature of activities is such that there is no exposure to toxic chemicals, hazardous wastes and dangerous materials in any of these Program activities. Though there exist risk since activities are located in fragile Himalayan areas, prone to natural hazards. . The agency has integral Project specific HPSEBL has a safety No measures of Not applicable DoE promotes and systems workers and public compliances on public and manual and safety officers monitoring and evaluation guide/direct project safety. It also has worker safety including are in place and the of environmental concerns developer to ensures the procedures to manage risk assessment and program will further and conditions including use of good international hazardous waste and toxic disaster response systems strengthen the existing disaster mitigation is found practices in risk assessment chemicals as mandated are there. It is already part system and make them at HIMURJA and disaster mitigation. In under provisions. All these of bid / contract project or activity present practice Project systems will be integrated in documents. independent. There will be The program will support Developers keep provisions “Environmental Social provisions for public and the agency to develop for Contractor to impart Policy Procedures (ESPPs)”. worker safety as part of the systems to address public necessary systems on It is already part of bid / contract documents. and worker safety workers and community bid/contract documents. concerns and also climate safety including training/ An efficient monitoring hazards. There will be awareness regarding safety Streamline and integrate and evaluation system to provisions for public and aspects to its personnel reporting practices that will ensure compliance to worker safety as part of working and ensure that guide operational practices 181 DoE HPPTCL HPPCL HPSEBL HIMURJA HPSLDC first-aid facilities are and report (a) exposure to public and health safety the bid / contract mandatorily be made toxic chemicals, hazardous measure is unavailable. documents available with the labour wastes, and otherwise gangs and ambulance/ dangerous materials used; doctors on call from nearby and (d) reconstruction or towns when necessary. rehabilitation of DoE is part of regular infrastructure located in monitoring of dam safety areas prone to natural issues for large dam hazards incorporating projects and co-ordinates recommendations from with National Disaster District Disaster Management Authority management Plans and and State Authorities. other safety issues.(c) The present process lack in emergency response uniform guidelines for all systems and accident and activities and utilities that incident reporting DoE should guide and monitor in all aspects of risk mitigation and disaster management including workers and community safety. Core Principle #4: Program E&S systems manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards SOCIAL ASSESSMENT Policies are robust at the HPPTCL monitors and Policies are robust at the As of now, HPSEBL follows Policies are robust at the Not applicable national, state and sectoral measures the progress of national, state and procedures as per the E&S national, state and sectoral level to protect the implementation of the sectoral level to protect guideline applicable to level to protect the interests of the project Resettlement Action Plan. It the interests of the project other utilities or as per the interests of the project affected persons during also has a designated Land affected persons during requirements of the affected persons during construction stage of Acquisition Officer, who is construction stage of donors. Generally, there is construction stage of energy sector projects. The responsible for energy sector projects. no land acquisition, and energy sector projects. The Tariff Policy, 2006 and coordination with the local The Tariff Policy, 2006 and only use government or Tariff Policy, 2006 and Himachal Pradesh Land revenue office, district Himachal Pradesh Land available land, but crop Himachal Pradesh Land Area Development Fund administration, and Area Development Fund compensation and Area Development Fund 182 DoE HPPTCL HPPCL HPSEBL HIMURJA HPSLDC enumerates benefit acquisition of land and enumerates benefit stakeholder consultations enumerates benefit sharing mechanisms for payment of compensation. sharing mechanisms for for RoW are undertaken. sharing mechanisms for people adversely affected HPPTCL also prepares people adversely affected For this, ESMP is also people adversely affected by hydropower projects. monitoring reports on RAP by hydropower projects. prepared and by hydropower projects. implementation. The GRM implemented. SMART system for land acquisition There is an absence of GRID DPR does not specify There is an absence of needs strengthening. integrated management how issues of temporary integrated management and reporting and systems adverse impacts will be and reporting and systems required for GRM tracking. mitigated and monitored. required for GRM tracking. ENVIRONMENTAL ASSESSMENT Not applicable Not applicable Not applicable Not applicable Not applicable Core Principle #5: Program E&S systems give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities (hereafter referred to, interchangeably, as Tribals, Tribal Groups or Tribal Populations), and to the needs or concerns of vulnerable groups) SOCIAL ASSESSMENT Information on HPPTCL’s Environment and HPPCL has several project Information on Information on Not applicable implementation of Social Safeguards Policy and institutional level implementation of implementation of targeted schemes for principles provide that mechanisms to ensure targeted schemes for targeted schemes for Scheduled Tribes on the HPPTCL shall take due representation and Scheduled Tribes on the Scheduled Tribes on the utility’s projects is not precautions to avoid inclusion of the tribals utility’s projects is not utility’s projects is not available. disturbance to human Moreover, in the projects available. available. habitations, tribal areas and situated in tribal areas, places of cultural HPPCL has recruited the significance and minimize RR staff from the Project the same wherever affected families/project inevitable. The ESSP also affected area who work in provides that HPPTCL will close liaison with the pay special attention to PAFs. Reporting on the marginalized and vulnerable mitigation measures and groups and secure their the laws safeguarding the inclusion in overall public rights of the tribals participation. However, remains ad hoc and can Information on be strengthened. implementation of targeted schemes for Scheduled 183 DoE HPPTCL HPPCL HPSEBL HIMURJA HPSLDC Tribes on the utility’s projects is not available. ENVIRONMENTAL ASSESSMENT Not applicable Not applicable Not applicable Not applicable Not applicable Not applicable Core Principle #6: Program E&S systems avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes (Not Applicable) 184