Preliminary Environmental and Social Impact Assessment of the Bus Rapid Transport Project in the City of Medan December 2021 Medan—Preliminary ESIA for BRT Project CONTENT OUTLINE 1. Executive Summary 10 2. Introduction 15 2.1. Background 15 2.2. Objective of the Study 15 2.3. MASTRAN Project Description 15 3. BRT Project Description 19 4. Legal Analysis 22 4.1. Indonesian Policies on Environmental and Social Management 23 4.2 The World Bank’s Environmental and Social Framework (ESF) 30 4.3 Environmental and Social Assessment Requirements for World Bank Funding 33 5. Environmental and Social Baseline 44 o General Description 44 o Environment 45 5.1.1 Geographical Location 45 5.1.2 Climate 45 5.1.3 Air Quality and Noise 46 5.1.4 Hydrology and Hydrogeology 47 5.1.5 Aquatic Biota 49 5.1.6 Hazardous Waste 49 5.1.7 Soil 49 5.1.8 Biodiversity and Landscape 49 5.1.9 Utilities 52 5.1.10 Greenhouse Gas (GHG) Emissions 52 5.1.11 Disaster Risk Profiles 52 2 Medan—Preliminary ESIA for BRT Project o Social 59 5.1.12 Demographics 59 5.1.13 Education and Health 60 5.1.14 Employment and Livelihood 62 5.1.15 Access to Employment, Community Facilities, Education 63 5.1.16 Accessibility for Persons with Disabilities and Other Vulnerable Groups 63 5.1.17 Townscape 65 5.1.18 Cultural Heritage 65 5.1.19 Indigenous Peoples 65 5.1.20 Gender and Social Inclusion 66 5.1.21 Sexual Exploitation, Abuse & Harassment 67 ▪ 5.3.11 Local Transport Angkot Drivers 69 o Conclusions 72 6 Potential Impacts 73 o Potential Environmental Impacts 73 o Potential Social Impacts 81 7 Specific Analyses 91 o Land Acquisition and Resettlement (ESS5) 91 7.1.1 Heritage Analysis 97 o Cumulative Impacts 98 7.1.2 Climate Change 99 7.1.3 Better Access to Economic, Social, and Education Facilities 99 7.1.4 Traffic Congestion due to Parallel Running Transport Projects 100 7.1.5 Potential impacts on Angkot driversEconomic Impacts for Transport Drivers 100 7.1.6 Broader Gender Impacts 102 3 Medan—Preliminary ESIA for BRT Project 8 Environmental and Social Impact Mitigation Approach 103 o Possible Mitigation Actions for the Environmental Impacts 103 9 Implementation Agreement 115 o Existing Local Institutional Structure 115 9.1.1 Proposed Institutional Set-Up 119 9.1.2 Institutional Set-Up for the Environmental and Social Management Plan 122 10 Next Steps 127 References 131 ANNEX I: Preliminary Social Economic Impact on Angkot Drivers 135 1. Project Description 135 2. Baseline information 135 3. Potential impacts on Angkot drivers 137 4. Potential mitigation measures 140 5. Engagement and Consultations to December 2021 141 6. Next Steps Planning 143 ANNEX II: Preliminary Socio-economic Analysis of the Planned BRT Route 146 ANNEX III: Assessment of Potential Environment Impacts of the BRT Proposed Activities 155 ANNEX IV: TOR for Finalizing ESIA 160 1. Description 160 2. Scope 160 3. Coordination 167 ANNEX V: Strip Map Corridor of BRT Metropolitan Medan 171 ANNEX VI: Indonesian Legal Analysis regarding ESS Framework 175 ANNEX VII: Environmental Management Procedures for Construction Activity and WBG General EHS and Infrastructure Sector Guidelines 183 4 Medan—Preliminary ESIA for BRT Project ANNEX VIII: Minutes of the Public Consultations held on 9 December 2021 188 Annex IX: Potential Cumulative Impact to be detailed in the project implementation stage (Cumulative Impact Assessment) 195 5 Medan—Preliminary ESIA for BRT Project LIST OF ACRONYMS AND TERMS AFD French Development Agency AMDAL Analisis mengenai dampak lingkungan hidup (environmental impact assessment) Andalalin Analisis dampak lalu lintas (traffic impact assessment) Angkot Angkutan kota (means ‘municipal transportation’—usually in the form of minivans operated by private companies as common Indonesian public) Bappeda Badan Perencanaan Pembangunan Daerah (Regional Development Planning Agency) BAPPENAS Badan Perencanaan Pembangunan Nasional (National Development Planning Agency/Ministry of National Development Planning) Barenlitbang Badan Perencanaan Pembangunan dan Penelitian Daerah (Regional Development Planning and Research Agency) BAU Business as usual Bemo Minivans operated by private companies as common Indonesian public transportation modes BNPB National Disaster Management Authority BPN State Land Agency BPS Indonesian Central Bureau of Statistics CBD Central business district CBO Community-based organizations CO Carbon monoxide DAMRI Indonesian state-owned public transit bus company DEMU Diesel-electric multiple unit 6 Medan—Preliminary ESIA for BRT Project Dishub Dinas Perhubungan (transportation agency); could be at provincial/city/regency level DKI Daerah Khusus Ibukota (special capital region) DLH Dinas Lingkungan Hidup (Environmental Agency) ECOP Environmental code of practices E&S Environment and social EHSG Environmental, health, and safety guidelines ESCP Environmental and social commitment plan ESIA Environmental and social impact assessment ESMF Environmental and social management framework ESMP Environmental and social management plan ESMS Environmental and social management system ESRS Environmental and social review summary ESS Environmental and social standards FGD Focus group discussions FI Financial intermediaries FPIC Free, prior, and informed consent GHG Greenhouse gas GOI Government of Indonesia GRM Grievance redress mechanism MASTRAN Indonesia Mass Transit Project IPF Investment project financing IP Indigenous peoples 7 Medan—Preliminary ESIA for BRT Project IPM Integrated pest management IVM Integrated vector management KLHK Ministry of Environment and Forestry KND National Commission of Disability MoF Ministry of Finance MoT Ministry of Transportation NAAQS National ambient air quality standards NGO Non-governmental organizations NO2 Nitrogen dioxide OHS Occupational health and safety PAP Project-affected people/party PCN Project concept note PIU Project implementation units PLN State electricity company PMU Project management units PPE Personal protective equipment PPP Public-private partnership PT INTI PT. Industri Telekomunikasi Indonesia (Indonesian communication company) RKL--RPL Environmental management plan (RKL), environmental monitoring plan (RPL) RPJMN National mid-term development plan (5-year plan) RPJPN National long-term development plan (20-year plan) SDG Sustainable development goal 8 Medan—Preliminary ESIA for BRT Project Sekda Sekretaris Daerah (Regional Secretariat—the third highest-ranking official after the head and the deputy of at Province/City/Regency) SEP Stakeholder engagement plan ToR Terms of reference UKL-UPL Environmental management and monitoring plan (for business/activities that do not require AMDAL/EIA) WB World Bank 9 Medan—Preliminary ESIA for BRT Project 1. Executive Summary The Government of Indonesia (GOI), through the Ministry of Transport (MoT), with support of the World Bank (WB), created an Indonesia Mass Transit Project (MASTRAN) to increase financial, technical, and institutional capacities of subnational government (SNGs) to plan, implement and manage public transport. This project is in line with the medium-term national development plan (RPJMN) for 2020-2024, which has targeted mass transit development in six metropolitan areas, including Medan. In 2016, a public-private project (PPP) feasibility study was completed for the BRT corridor in Medan with support from PT SMI. The French Development Agency (AFD) is involved in supporting the development of the urban mobility plan for the Greater Medan, to confirm the most cost-effective corridors to support. On the 11 of July 2018, an Environmental Impact Assessment (AMDAL) analysis was approved by the local authority. Based on a letter from the Head of Environment service of Medan City on 4 Nov 2021, it was decided that the AMDAL as stated in the Mayor's Decree No. 660.2/432 5 June 2018 declared, is still valid. By law, Government Regulation No. 22 of 2021, every business or activity that creates significant impacts on the environment or society must have an AMDAL or UKL-UPL (Partial Environmental Assessment). Regardless of which regulation will be required, through the ESF requirements of the WB, an Addendum/Supplement environmental and social impact assessment will be required which includes environmental and social assessments according to the WB ESF standards. Figure 1: Overview of necessary documents and Project phases 10 Medan—Preliminary ESIA for BRT Project Reflecting on the legal analysis, the Indonesian AMDAL requirements focus on environmental aspects and that some social ESS issues need to be added. In combination with the WB ESF framework, important areas to pay attention to are: ● Labor and worker condition ● Community safety and health during construction ● Impact on livelihoods such as local businesses and transport providers ● Land acquisition process ● the preservation of cultural heritage Some important environmental and social baseline data has been established. However, most information, both in the environmental and social baselines, needs to be updated. There is some important information on environmental baseline missing in the AMDAL, including: 1) Hazardous waste; and 2) GHG emissions. Meanwhile, most information on the social baseline is not yet included in the AMDAL, such as: 3) Access to business activity (store, market, etc.), Employment, Community Facilities, Education; 4) Accessibility for persons with disabilities and other vulnerable groups; 5) Townscape; 6) Cultural heritage; 7) Indigenous people; gender and social inclusion; and 8) Sexual exploitation, abuse & harassment. The missing aspects will be included in the TOR for finalizing ESIA in ANNEX III: TOR for Finalising ESIA. The potential environmental and social impacts identified for the BRT System in Medan to date are summarized in Tables 1 and 2. 11 Medan—Preliminary ESIA for BRT Project Table 1: Potential Environmental and Social Impacts of the BRT System in Bandung Pre- Constructio Operation Environmental Components Constructio n Phase Phase n Phase Hydrology v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts; ESS3 Resource Efficiency & Pollution Prevention & Management; Air quality and Traffic v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts; ESS3 Resource Efficiency & Pollution Prevention & Management; ESS4 Community Health & Safety] Noise level v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts; ESS3 Resource Efficiency & Pollution Prevention & Management; ESS4 Community Health & Safety] Groundwater v [ESS3 Resource Efficiency & Pollution Prevention & Management] Surface water v v [ESS3 Resource Efficiency & Pollution Prevention & Management] Biodiversity (including Vegetation) v v [ESS6 Biodiversity Conservation & Sustainable Management of Living Natural Resources] Urban landscape v v [ESS6 Biodiversity Conservation & Sustainable Management of Living Natural Resources] Waste management v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts; ESS3 Resource Efficiency & Pollution Prevention & Management; Resource efficiency v v [ESS3 Resource Efficiency & Pollution Prevention & Management] Utilities and infrastructure v v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts; ESS4 Community Health & Safety; 12 Medan—Preliminary ESIA for BRT Project GHG v [ESS3 Resource Efficiency & Pollution Prevention & Management; Table 2: Potential Social Impacts for the BRT System in Medan Pre- Constructio Operation Social Components Constructio n Phase Phase n Phase Community health and safety v v [ESS4 Community Health & Safety] Occupational health and safety v v [ESS2 Labor & Working Conditions; ESS4 Community Health & Safety] Impact on livelihoods v v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts; ESS2 Labor & Working Conditions; ESS5 Land Acquisition, Restrictions on Land Use & Involuntary Resettlement; ESS10 Stakeholder Engagement & Information Disclosure] Land acquisition and involuntary resettlement v [ESS5 Land Acquisition, Restrictions on Land Use & Involuntary Resettlement; ESS7 Indigenous People] No major impact is foreseen. Influx of workers v v v [ESS2 Labor & Working Conditions] Cultural heritage v v [ESS8 Cultural Heritage] Gender and disability v v v [ESS4 Community Health & Safety] Sexual exploitation, abuse & harassment (SEAH) v v v [ESS2 Labor & Working Conditions; ESS4 Community Health & Safety; ESS10 Stakeholder Engagement & Information Disclosure] Traffic v v [ESS4 Community Health & Safety] 13 Medan—Preliminary ESIA for BRT Project Further, cumulative impacts have been identified, such as contribution to climate change; improved access to economic, social, and educational facilities, traffic congestions (incorporating simulation of five existing corridors), and affected businesses due to parallel running mass transport projects (BRT); increased river pollution, and broader gender impacts. However, to complete the impact analysis, some more detailed analysis is needed, especially around the census of affected livelihoods, businesses, and IP analysis. These have been included in the TOR for the Addendum/Supplement AMDAL, in Annex 1 of this report. Preliminary mitigation actions for the environmental and social impacts were identified. But the still missing analyses and plans include mitigations and actions related to: ● Grievance mechanism discussion and analysis for workers and affected community members; ● Appointing E&S specialist at the PIU (noting that PIU at SNGs that have built five corridor is likely to have more experiences compared with their national staff); ● Work conditions and grievance mechanism for labor issues, as part of labor- management plans; ● Traffic flow analysis during construction (and simulation during operation); ● Accessibility measures for people with different abilities; ● Degree of impact on education, health facilities, and businesses ; ● Census on trees that need to be cut; ● Vendors and parking attendants will be affected ● The exact location of the potential two affected indigenous people villages needs to be identified; and ● The exact Heritage buildings map needs to be established for the whole BRT system upgrade network. These steps should follow once it has been confirmed if AMDAL or UKL/UPL will be required by GOI and conduct the necessary additional studies to meet the requirements of the ESF. Most importantly, consultations, training, and engagement with all relevant stakeholders regarding the ESF are highly recommended. 14 Medan—Preliminary ESIA for BRT Project 2. Introduction 2.1. Background The Government of Indonesia (GOI), through the Ministry of Transport (MoT), with support of the World Bank (WB), intends to create an Indonesian Mass Transit roject (MASTRAN) to increase financial, technical, and institutional capacities of subnational government (SNGs) to plan, implement and manage public transport. This project is in line with the medium-term national development plan (RPJMN) for 2020-2024, which has targeted mass transit development in six metropolitan areas, including Medan. The Urban Mobility Plan for the Medan Metropolitan Area is currently finalized, and the BRT upgrade is identified as the priority activity. A feasibility study of the BRT scheme was finalized in June 2020. 2.2. Objective of the Study By law, Government Regulation No. 22 of 2021, every business or activity that creates significant impacts on the environment must have an environmental impact assessment (EIA- AMDAL) or UKL-UPL. For any lending project the WB ESS framework needs to be considered. On the 11 of July 2018, an Environmental Impact Assessment (AMDAL) analysis was approved by the local authority. However, since July 2021 this AMDAL is outdated and thus recommendations will be given which E&S aspects need to be in the revisions and what additional assessments according to the E&S framework for the WB has to be provided. This document describes the information contained in the AMDAL and other documents and provides insights what further analysis is needed to also meet the ESS framework requirements. 2.3. MASTRAN Project Description The Indonesian mass transit program support project (MASTRAN) will be financed by the International Bank for Reconstruction and Development (IBRD)/World Bank (WB), Government of Indonesia (GOI), and French Development Agency (AFD). The project will provide technical assistance and financing support for the first phase of implementation of MASTRAN in selected cities. An environmental and social commitment plan will be agreed with the GOI, to ensure compliance with the World Bank’s Environmental and Social Framework, as aspects of the components, including sub-projects outlined below, are further defined. 15 Medan—Preliminary ESIA for BRT Project The project has two main components, namely (i) investment preparation (e.g. feasibility study, detailed engineering design, safeguard document and bidding documents), institutional development and capacity building; and (ii) Support infrastructure development as part of the implementation of safe, resilient, green, and integrated mass transit in the selected cities. Component 1: Investment Preparation, Institutional Development and Capacity Building The objective of Component 1 is to provide technical assistance concerning capacity building for 1) Project management and technical assistance for demonstration BRTs in the Medan Metropolitan region; 2) Institutional development at national land sub-national level; and 3) Technical assistance to prepare, implement and manage IMTP investment. The three relevant sub-components will support the following: ● TA-Type 11: Support for the National Government in oversight of service and operations planning, infrastructure and facility design, equipment specification, and implementation of selected demonstration projects in the two cities. The assistance will help finalize the overall project concept based on a review of: a) Demand estimates, service and operations plans b) Preliminary infrastructure and facility designs c) Rolling stock and other equipment (e.g., ITS) design and specifications d) Detailed engineering designs e) Safeguard studies (ESIA, ESMP, RAP, GAP, GBV, GRS, Labor Management, Heritage, etc.) f) Traffic management g) Modal integration and access improvement plans; h) Plans for Angkot reorganization i) Transaction advisor for dealing with various aspects of business model including revenue operations/maintenance, for BRT operations and Terminal Development; j) ITS acceptance testing, operations, maintenance, infrastructure, and facility operations and maintenance; k) construction supervision consultancy ● TA-Type 2: Project management and technical assistance for demonstration BRTs in Greater Bandung and Medan Metropolitan 1 As per the World Bank OESRC Advisory Note on TA and ESSF, 2019 16 Medan—Preliminary ESIA for BRT Project - Reviewing current institutional and human capacity at the national level (MOT) for sustaining and giving priority to policy development, program funding and management, and M&E functions in public transit in the long term. Expected outputs: - (i) institutional and organizational arrangements for urban mobility policy development, program funding, and management, research and capacity development; (ii) human resources and staffing plan; (iii) training plan; (iv) associated policy and regulatory framework review and amendments; (v) development of training modules for senior and mid-level officials, for example, for program managers on various aspects of program management such as on project appraisal and monitoring & evaluation, covering materials on case studies, procedural guidelines, and workshop presentations; (vi) implementation of training programs; (vii) exposure visits; (viii) design and implementation of tools and systems such as management information systems (MIS). ● TA-Type 3: Institutional and capacity development—Sub-national level Program design, policy, and procedural development; (ii) Assistance for project preparation for cities under RPJMN 2020-24; (iii) Development of technical guidelines, methodologies, databases, and other materials in critical areas for province functional urban area and local governments to use in planning and preparing sustainable, integrated public transport systems; (iv) Training, Workshops and peer to peer learning events; (v) Technical assistance in urban mobility areas of national importance; (vi) Development of local institutes capacity by creating a Centre of Excellence in Urban Mobility at selected universities as resources for provincial and local governments; and (vii) Development of a national urban transport. Component 2: Support Implementation of Safe, Resilient, Green, and Integrated Mass Transit in Selected Cities The project will fund infrastructure, equipment, and necessary preparatory studies and designs of mass transit systems in selected cities, including Medan. 17 Medan—Preliminary ESIA for BRT Project Sub-Component 2A: BRT upgrade in Medan In January 2020, a technical team was deployed to work together with the North Sumatra Transport Agency (Dishub) to develop an urban mobility plan and start stakeholder engagement. The Medan AMDAL and FS for LRT and BRT was finalized in June 2018, as the LRT investment was dropped, the Bank Task Team carried out a review on the FS, focusing on Metropolitan BRT system, the review confirmed the initial FS result both on the corridor alignment and BRT stations, the review was completed in January 2021. It consists of 23 km of special bus lines, up to 12 direct service routes, and 27 bus stops. 18 Medan—Preliminary ESIA for BRT Project 3. BRT Project Description Medan has an existing Indonesian-style BRT running in mixed traffic (with total five corridors), which is operated by the national bus company, DAMRI. Service began on two routes in 2015/2016. Medan was slower to adopt BRT than other Indonesian cities due to objections by local transport (angkot) Figure SEQ Figure \* ARABIC 1 BRT Corridor operators. The planned bus route has 31 stations in the middle of the road and two terminals (at the beginning and the end). The bus type should be a low-deck bus with a traveling speed between 22 and 60 kph and would be operational for 19 hours (Factsheet Medan). 2016). Photo 1: Picture of a low-deck bus Photo 2: Model of a bus station of BRT corridor in Medan This Preliminary ESIA uses the following descriptions of areas: 19 Medan—Preliminary ESIA for BRT Project Project Area: The Project Area is the physical footprint of all the BRT line infrastructure, including the corridors, stations, terminals, and depots. Project Area of Influence: The Indicative Project Area of Influence comprises the area beyond the project area where project activities potentially have direct and indirect Environmental & Social impacts, such as off-site construction facilities (workers camp, material sources quarries), material and equipment storage areas, and haulage routes to the construction site. The summary of the project area and the indicative project area of influence are included in Annex 5: Strip Map Corridor of BRT Medan Metropolitan but needs to be confirmed later in the ESIA study. Below are further details on the project area. Table 3: List of BRT Stations/Terminals BRT Station Name of Station BS01 Terminal Pinang Baris BS02 Simpang Lalang BS03 Makro Business centre BS04 Mess Gatot Subroto BS05 Imigrasi BS06 RRI Medan BS07 Harapan BS08 UNPAB BS09 RS Advent BS010 Brastagi BS011 Pasundan BS012 Medan Fair Plaza BS013 Sekip BS014 Kapten Maulana Lubis BS015 Lapangan Merdeka BS016 Station Kota Medan BS017 Capital Building / Balai Kota BS018 Guru Patimpus BS019 Perdagangan BS020 Selat Panjang BS021 Akhmad Yani BS022 Pemuda BS023 Garuda BS024 Masjid Raya BS025 Stadion Teladan 20 Medan—Preliminary ESIA for BRT Project BS026 UISU BS027 Koperasi Bangun Mandiri BS028 Simpang Limun BS029 Universitas Al Wasyiyah BS030 Garu BS031 Masjid Jami BS032 Showroom BS033 Terminal Amplas Table 4: Existing Trans Metro Deli route in Medan city Length of Amount Amount N Type of Bus Corridor Corridor of of Spare o Service Type (km) PP Busses Busses 1 Main corridor Terminal Pinang Baris – Lap.Merdeka Large 20.2 10 11 Terminal Amplas – Lapangan 2 Main corridor Merdeka Large 19.1 10 11 Medi 3 Main corridor Belawan – Lapangan Merdeka um 47.7 20 22 Medi 4 Main corridor Medan Tuntungan – Lap.Merdeka um 34.2 16 18 Medi 5 Main corridor Tembung – Lapangan Merdeka um 15.4 9 10 The depot must provide comfort to passengers and improve the service of the BRT system. The requirements for the Depot facility are as follows: ● Large area for bus parking ● Good pavement quality ● Sufficient space to mark buses and maneuvering areas ● Fleet refueling, cleaning and washing facilities ● Maintenance and repair area (workshop) ● Administrative offices for operators and employee facilities. Selection of Depot site, layout, and management of depot facilities will greatly affect the overall system efficiency. Ideally, the depot is located close to the terminal. Depots of BRT Medan are planned at Terminal Pinang Baris and Terminal Amplas. In 2016, a public-private project (PPP) feasibility study was completed for the BRT corridor in Medan with support from PT SMI. The AFD is involved in supporting the development of the urban mobility plan for Greater Medan, to confirm the most cost-effective corridors to 21 Medan—Preliminary ESIA for BRT Project support. So far, it has not been completed yet and a copy was not available for review as part of this E&S rapid assessment. Two Alternative routes were assessed for the BRT line. The no-project alternative would mean increased traffic, pollution, helath and safety issues due to increased accidents. The project documents regarding the planning of the sub-project are listed in Table 3. Table 3: Planning Documents Related to the Train Upgrades Name Year Contents Planning/budget (Indonesian Government) Medan Spatial Plan 2019 Provides details regarding socio-economic data including transport, hazards, and overall citizens’ development PPP project for the 2019 Presentation format. Coordination meeting to accelerate the transport in the city of development of the BRT/LRT analyzing possible finance opportunities Medan by the North Sumatra Provincial Government Details regarding the BRT Corridor Route alternatives for Presentation of BRT and LRT route in Medan BRT and LRT in Medan BTS Mass Plan of 5 BTS corridors: Transportation Plan Corridor 1: Terminal Pinang Baris-Lapangan Merdeka (9.7 km) Corridor 2: Lapangan Merdeka-Terminal Amplas (9.6 km) Corridor 3: Belawan-Lapangan Merdeka (24.1 km) Corridor 4: Tuntungan-Lapangan Merdeka (18.1 km) Corridor 5: Tembung-Lapangan Merdeka (8.3 km) (news Feb 2020 https://sumutcyber.com/news/medan/transportasi- massal-skema-bts-segera-beroperasi-di-medan-ini-rutenya/) WB PCN for IMTP 2020 Categorizes the risk for this project as high, due to legal challenges and (P169548) institutional capacity needs. ESRS 2020 An internal process that records affording environmental and social risk ratings including a preliminary analysis of triggers and impacts, to be updated for project preparation. It is rated as ‘substantial’ in terms of risk for environmental and social aspects. While these documents are useful as background information to the projects, they do not provide a comprehensive analysis of the range of considerations for route selection, and in particular, there has been no systematic environmental or social analysis of any of the options. 4. Legal Analysis This chapter will provide a summary of the regulations regarding environmental and social aspects of the BRT provision, both from the Government of Indonesia (GOI) and the World Bank policy perspectives. 22 Medan—Preliminary ESIA for BRT Project 4.1. Indonesian Policies on Environmental and Social Management The GOI has mandated national and local governments to develop transportation network infrastructures inside or inter cities/provinces in its Spatial Plans (Law No. 26 of 2007). As stated in the National Long-Term Development Plan (RPJPN 2005-2025), mass transportation development has been prioritized in many developments planning documents, as one of the long-term directions in regional development. Furthermore, the mass transportation development in connecting several metropolises in Indonesia has been allocated in RPJMN 2020-2024. This priority has also been adopted by many cities/provinces through its regional development plan (RPJPD, RPJMD), including the city of Medan to reduce traffic congestion in the city. The national government also pays attention to the carrying capacity of natural resources and the capacity of the environment, and the economic-socio-cultural development and environmental improvement through a low carbon development framework (RPJMN 2020-2024). In planning and implementing the urban mass transit programs, the National and Local Governments shall prevent pollution and environmental damage (Law No. 11 of 2020 and Government Regulation No.22 of 2021) and prepare E&S instruments, including a strategic environmental assessment (SESA/KLHS), environmental impact assessment (EIA/AMDAL), environmental management and monitoring efforts (UKL-UPL), and environmental permits. As stipulated in the Government Regulation No. 22 of 2021, every business or activity that creates significant impacts on the environment must develop an EIA (AMDAL or UKL-UPL) as prerequisite to apply for the environmental permit based on the Minister of Environment and Forestry Regulation No. 4 of 2021. Apart from an EIA (AMDAL) process, some environmental aspects are regulated through other regulations, as summarized in the table below. Table 4: Summary of Environmental-Related Indonesia Policies Environmental Regulations Aspects Environmental Law No. 11 of 2020 elaborated on the instruments to protect environmental damage, Assessments* such as required environmental impact assessment (EIA) (AMDAL) and environmental management and monitoring plan (UKL-UPL) for businesses/activities that do not require EIA, and environmental permits. Government Regulation No. 22 of 2021 required a business/activity to have an EIA (AMDAL) or UKL-UPL and environmental approval as a prerequisite for obtaining a business/activity permit. In detail, the Minister of Environment and Forestry Regulation 23 Medan—Preliminary ESIA for BRT Project No. 4 of 2021 and the new Government Regulation No. 22 of 2021 updated the environmental management and protection regulation, including EIA and its criteria and implementation procedures. The implementation regulation (the minister regulation) is still being drafted. Furthermore, Regulation No. 22 of 2021, appendix 2 explained the guidelines for preparing EIA (AMDAL), which consist of the ToR, environmental impact analysis (ANDAL), environmental management plan (RKL), and environmental monitoring plan (RPL); guidelines for UKL-UPL, for the business/activity that don’t require EIA; and Declaration Letter of Environmental Management and Monitoring (SPPL). For environmental aspects, EIA impact assessment covers: a) Geo-physical-chemical components, such as geological resources, soil, surface water, underground water, air, noise, tarffic etc.; and b) Biological components, such as vegetation/flora, fauna, aquatic biota, ecosystem types, the presence of endangered/endemic species and their habitats, etc. C) Social related issues not covered in ESS5, e.g. impact on Angkot drivers/owners Pollution Law No.22 of 2021 elaborated on E&S instruments for preventing pollution and Prevention and environmental damage (please see Environmental Permit part for further information Management about the instruments). Every person who pollutes/damages the environment is liable (including waste) for clean-up or rehabilitation. and The EIA (AMDAL) covers geo-physical-chemical components, such as climate, spatial Resource planning, geological resources, hydrology, soil, surface water, underground water, Efficiency Traffic, air, and noise (Regulation No. 22 of 2021). Minister of Environment and Forestry Regulation No. 4 of 2021 specified the types of businesses/activities that require EIA (AMDAL), including activities that potentially cause impacts in the form of emissions, noise, traffic and air pollution. Government Regulation No. 22 of 2021 regulated the management of hazardous and toxic waste (B3), controlling the waste handling originating from public facilities. National noise level standards for public facilities are based on the Decree of the State Minister for Environment No. Kep-48/MENLH/11/1996 on Quality Standards for Noise. Minister of Manpower and Transmigration Regulation No. PER.13/MEN/X/2011 regulated that noise-limit in the working area is 85 dBA for a max of 8 hours per day; the value may exceed this limit with a reduction in exposure time, e.g., 94 dBA for an hour or 100 dBA for 15 minutes. An EIA (AMDAL) covers geo-physical-chemical components, such as climate, spatial planning, geological resources, hydrology, soil, surface water, and underground water (Regulation No.22 of 2021). GOI regulation on energy conservation: users with energy consumption of >6,000 tons of oil equivalent per year are required to conduct an Energy Management, while users with less energy consumption could do energy management or energy savings (Minister of Energy and Mineral Resources Regulation No. 14 of 2012). Construction materials: Construction of the mass transit infrastructures in Bandung and Medan will require large quantities of the construction material, such as stone, sand, steel, concrete blocks and timber. Especially in shelter areas where the fleets stop, road structure will need to be improved using concrete. These materials (i.e. quarries for sand and stone) has to be obtained from the local sources and its surrounding which 24 Medan—Preliminary ESIA for BRT Project have obtained relevant licenses for the exploitation/mining. In addition to the national relevant licenses, the quarry should comply with the requirements of the WBG EHS guidelines for construction material extraction. Noise and Traffic: During mobilization, construction, demobilization and operation phases, noise and traffic are generated from the use of construction machinery and vehicles/fleets movements. As the construction sites are located in the urban areas, noise should be managed by proper arrangement of working hours and physical intervention as necessary to minimize noise to surrounding public areas. Construction of noise barriers may be needed in some sections, e.g. school, mosque. On the other hand, to minimize the traffic, works should start during the traffic off-peak hours, e.g. 22:00 PM to 5:00 AM, yet traffic during these hours shall also consider the noise level that will be generated. The ESIAs will assess impacts to nearest sensitive receptors and propose mitigation measures to minimize and manage the noise levels and simulate the traffic to minimize the congestion by applying standard restrictions to hours of site work. Also part of the ESIAs will include the baseline noise monitoring and operational phase related cumulative traffic noise modeling. The traffic management plan (i.e. Traffic AMDAL) will be required before the commencement of work. Management of air pollution: During mobilization, construction, demobilization and operation phase, fugitive dust generated by construction activities (e.g. excavation, heavy equipment operation) is expected to be main air pollution issue, in addition to air emissions from operation of heavy vehicles and machinery. And during operational phase, the fleets that are not properly maintained will also cause air pollution. The air pollution will affect not only the workers but also people living within the proximity of the construction sites and corridors. In addition, road users, street sellers, people deriving income from facilities adjacent to the road will also be affected. The implementation of mitigation measures such as dust suppression and regular vehicles maintenance, regulation of car speed will be applied to minimize the impact of air emissions during mobilization, construction, demobilization and operation phase. Transportation of materials for construction and residual impacts is expected to be limited in scope and duration. The ESIAs will also assess expected increased impacts to ambient air quality from projected increased road utilization by vehicles, using established models. Management soil erosion and runoff: Large construction work which will may involve massive excavation (e.g. for construction of bus shelters) will affect vegetation and soil that ultimately result in erosion and runoff, particularly during storm events. And this could adversely impact surface waters. The scope of work that will affect the soil erosion and runoff will be assessed as part of each ESIA. Mitigation measures would also be expected to be proposed in the ESMP to avoid, reduce or mitigate runoff from the project sites during construction activities. The ESIAs will also assess potential for surface runoff from road surfaces during the operations phase and propose appropriate mitigation measures where erosion risks are high, such measures to improve drainage and/or slope stability. Management of hazardous and nonhazardous wastes: Hydrocarbon (e.g. gasoline, diesel and lubricant) are used to run vehicles and machinery. Construction of storage 25 Medan—Preliminary ESIA for BRT Project for those hydrocarbon will have to meet the international standards (e.g. at minimum the volume of containment has to be 110% of the tank capacity). The ESIAs will identify all source of hazardous and nonhazardous waste and propose mitigation measures proportional to the level of risk. The ESIAs will also identify the presence and locations of licensed facilities for the transport, treatment and disposal of solid and hazardous wastes in the vicinity of project sites. The contractor will be responsible of developing and implementing a waste management plan during the Project implementation. Biodiversity Law No. 11 of 2020 stated every person who pollutes/damages the environment is Conservation obliged to take action to tackle the pollution/damage they made. KLHS, as one of the instruments for preventing pollution/environmental damage, consists of studies on carrying capacity and carrying capacity, the environment for development, estimates of environmental impacts and risks, ecosystem service performance, efficient use of natural resources, and biodiversity potential. EIA (AMDAL) covers the biological component, such as vegetation/flora, fauna, aquatic biota, ecosystem types, the presence of endangered/endemic species, and their habitats (Regulation No. 22 of 2021, appendix 2). Based on information received, the Component 2 will be carried out in densely populated urban areas. As such, the works will not be carried out in or near any of the identified protected areas. The alignment of the BRT Medan and Bandung Metropolitan have been decided after considering few alternatives provided in the feasibility study. Based on evaluation of the above information, it can be stated that there will be no impacts associated with ESS6. The ESIAs/ESMPs will propose standard mitigation measures related to the indirect impacts on critical habitats and protected areas, if relevant. The evaluation will include off-site impacts of quarries and construction material sources, as identified under ESS3. *Environmental in the Indonesian regulatory context includes social, as social, economic, and cultural aspects are addressed as part of the EIA/AMDAL. See also Table 7. Besides environmental considerations, social aspects are seen as important and regulated differently by various ministries. This includes gender mainstreaming in development planning (Presidential Instruction No. 9 of 2000, Minister of Home Affairs Regulation No. 15 of 2008) and indigenous peoples’ (IP) participation in the development proce ss (Minister of Home Affairs Regulation No. 18 of 2018). EIA (AMDAL) also covers some social elements in it, such as demographics, livelihoods, and local culture. More specifically, some social aspects are regulated through the regulations summarized in the table below. 26 Medan—Preliminary ESIA for BRT Project Table 5: Summary of Social-Related Indonesia Policies Social Aspects Regulations Social assessments Government Regulation No. 19 of 2021 explains the guideline for preparing a social-economic study-related land acquisition plan. Government Regulation No. 22 of 2021 explained the guidelines for preparing EIA (AMDAL), covering some social aspects in the impact assessment: a) Socio-economic-cultural components, such as income levels, demographics, livelihoods, local culture, archaeological sites, cultural sites, and so on; and b) components of public health, such as changes in the level or aspects of public health. Disturbances from traffic include social considerations, as described further below in this table. Labor and working Law No. 11 of 2020, Government Regulation No. 5 of 2018, and Minister of conditions Public Works and Housing Regulation No. 21/PRT/M/2019; the service providers must apply Construction Safety Management system , focused on: a. safety engineering construction, b. OHS, c. public safety, and d. environmental safety. More application of OHS management systems is explained in Government Regulation No. 50 of 2012. Minister of Public Works Regulation No. 05/PRT/M/2014 and Minister of Public Works and Housing Regulation No. 02/PRT/M/2018 regulated that projects with over IDR 100 Billion and 100 workers need a construction OHS expert. Minister of Manpower and Transmigration Regulation No. PER.13/MEN/X/2011 regulated that noise-limit in the working area is 85 dBA for a max of 8 hours per day; the value may exceed this limit with a reduction in exposure time, e.g., 94 dBA for an hour or 100 dBA for 15 minutes. However, the noise must not exceed 140 dBA, even for a moment. Furthermore, the regulation standardized the threshold value of: a) Physical factors, including working climate, noise, vibrations, microwaves, ultraviolet rays, and magnetic fields; and b) Chemical factors, including the form of solids (particles), liquids, gases, mists, aerosols, and vapors derived from chemicals. Human rights legislation: Law No. 39 of 1999; Law No. 11 of 2005, and Law No. 11 of 2009; the right to fair and decent working conditions; right to complaint, and grievance mechanisms. Community health and Law No. 22 of 2009 on Traffic and Land Transportation Government safety Regulation No. 56 of 2009 states the railways aim to facilitate the mass movement of people/goods in a safe, comfortable, fast, precise, orderly, and efficient manner. Law No. 8 of 2016; persons with disabilities have the right to access public services. The government must guarantee that infrastructure and services such as public transportation services are accessible for disabled users . 27 Medan—Preliminary ESIA for BRT Project Besides EIA (AMDAL), a traffic impact analysis (Analisis Dampak Lalu Lintas—Andalalin) also needs to be prepared, as regulated in the Government Regulation No. 32 of 2011. Traffic management and engineering are mandatory as one of the permit requirements for the new development plan that potentially cause a disturbance in road transportation security, safety, and traffic. The regulations require inventory and analysis of traffic impacts (Andalalin) of the new development plan that potentially cause a disturbance in security, safety, traffic, and road transportation. An EIA (AMDAL) covers components of public health, such as changes in the level of public health (Regulation No.22 of 2021). Minister of Environment Decree No. KEP-48/MENLH/11/1996 regulated the noise limit for settlement area, hospital, and school to be 55 dBA. Law No. 11 of 2020 regulated Spatial Planning, including the infrastructure of transportation network systems; spatial planning is conducted by considering: the physical condition—vulnerability to disasters and security. Presidential Instruction No. 9 of 2000 instructed gender mainstreaming in development planning through gender analysis that includes participation in the development process and the benefits they enjoy. The Minister of Home Affairs Regulation No. 15 of 2008 regulated the gender mainstreaming implementation at the local level. Ministry of Social Affairs Law No. 8 of 2016 on the national commission of disability (KND) states that a person with disabilities has the right to the accessibility of public services. Land acquisition and Law No. 26 of 2007 clearly stated that proper compensation for losses arising involuntary resettlement from the implementation of development activities under the spatial plan needs to be provided. Law No. 2 of 2012 stated that if a development is of public interest, the party entitled to the land must release it after a compensation (will be at full replacement cost in line with the ESS5).. Presidential Regulation No. 71 of 2012 and its amendment, Presidential Regulation No. 40 of 2014 and Governmental Regulation No. 19, 2021, provide detailed procedures. EIA also covers socio-economic-cultural components, such as income levels, demographics, and livelihoods (Minister of Environment Regulation No. 16 of 2012). For the communities that occupied state land (used in a good way/ beritikad baik; >10 years), the government will give compensations that are considered the cleaning fee of everything that was on the land; mobilization; house rental for up to 12 months; and allowances for income losses from land use (Presidential Regulation No. 62 of 2018). According to Government Regulation No. 19 of 2021 on National Land Procurement for Public Interest, the guidelines on acquiring land for public interest: - Land acquisition process 28 Medan—Preliminary ESIA for BRT Project - Land acquisition sources of funds (some possibilities for funding land acquisition activity: advance payment by Business Entity and BUMN/D) - Tax incentive for affected entities who agree to release their rights on land for public projects. - Land procurement for national strategic projects (PSN) (National Government can facilitate the entire land procurement process. Other advantages of PSN: the ability to convert agricultural land use in the zone affected by the project; direct approval from the Minister on site determination (shorter approval chain); the governor is allowed to take over the mayor and regent’s role in land procurement; a BUMN/D can be assigned to deliver land procurement and allowed to pay in advance). Indigenous peoples (IPs) The 1945 Constitution (UUD 45) Article 18B clause 2, 28I clause 3, and 32 clauses 1-2 mentioned the state recognition of IPs; the cultural identity and rights of the traditional community are respected in harmony with civilization development; the state guarantee the freedom of the people in maintaining and developing their cultural values. Furthermore, the procedure to get acknowledgment and protection for IP communities (identified –verified– regulated) is regulated in the Minister of Home Affairs Regulation No. 52 of 2014 on Recognition and Protection Guidelines for Indigenous People. Ministry of Agrarian and Spatial Planning Regulation No. 9 of 2015 on Communal Rights on Indigenous Land; rights on land can be given communally to the IP communities that meet the requirements, and communities located in certain areas. Minister of Home Affairs Regulation No. 18 of 2018; IP institution at village level (Lembaga Adat Desa—LAD) is in charge of assisting the Village Government in preserving customs, protecting cultural identity, and as a partner in increasing community participation in the development process . EIA (AMDAL) also covers socio-economic-cultural components, such as local culture, archaeological sites, and cultural sites (Minister of Environment Regulation No. 16 of 2012). Cultural heritage Law No. 26 of 2007, Minister of Home Affairs Regulation No. 52 of 2007, and the joint regulation of the Minister of Home Affairs and the Minister of Culture and Tourism No. 42/40 of 2009 confirmed that the government should pay attention to the cultural site in spatial planning, preserve cultural heritage in the regions, including the customs and socio-cultural values in communities. EIA (AMDAL) also covers socio-economic-cultural components, such as local culture, archaeological sites, and cultural sites (Minister of Environment Regulation No. 16 of 2012). Indonesia ratified the Convention for the Safeguarding of the Intangible Cultural Heritage through Presidential Regulation No. 78 of 2007, which is regulated further in the Minister of Education and Culture Regulation No. 106 of 2013; the national and local governments are obliged to guarantee the preservation of Indonesia's intangible cultural heritage. 29 Medan—Preliminary ESIA for BRT Project Community Participation Law No. 14 of 2008 on Information Disclosure; requires that public information is available and transparent. Government Regulation No. 45 of 2017; the community has the right to participate in regional development planning. Law No. 32 of 2009 on Environmental Protection and Management is carried out based on the participatory principle; its implementation is regulated in the Minister of Environment Regulation No. 17 of 2012 on Community involvement in EIA: a) provide transparent and complete information; b) equality of position between parties; c) fair and wise problem solving, and d) coordination and communication. Furthermore, Government Regulation No. 27 of 2012 emphasized that EIA (AMDAL) needs to involve the impacted communities. The communities have the right to submit suggestions, opinions, and responses within ten days after the announcement . Minister of Home Affairs Regulation No. 18 of 2018; village community institution (Lembaga Kemasyarakatan Desa— LKD), is used as a partner institution to increase community participation in the development process. LKD consists of neighborhood associations (RT, RW), family welfare empowerment organizations, youth organizations ( Karang Taruna), health service posts (Pos Pelayanan Terpadu), and community empowerment organizations. Presidential Instruction No. 9 of 2000 instructed gender mainstreaming in development planning, also in its implementation and evaluation; it is done by gender analysis that includes participation in the development process and the benefits they enjoy. The Minister of Home Affairs Regulation No. 15 of 2008 regulated the gender mainstreaming implementation at the local level. 4.2 The World Bank’s Environmental and Social Framework (ESF) The key reference for the environmental and social assessment is the WB’s Environmental and Social Framework (ESF)2, which enables the bank and the borrowers to manage environmental and social risks of projects better and improve development outcomes. It was launched on 1 October 2018; the ESF offers broad and systematic coverage of environmental and social risks. The Rapid Assessment follows the ESF as its guide for format and content and, particularly, the ESS. 2 http://pubdocs.worldBank.org/en/837721522762050108/Environmental-and-Social-Framework.pdf. The ESF makes important advances in areas such as transparency, non-discrimination, public participation, and accountability—including expanded roles for grievance mechanisms. It brings the WB’s environmental and social protections into closer harmony with those of other development institutions. 30 Medan—Preliminary ESIA for BRT Project The ESF consists of: ● the WB’s Vision for Sustainable Development3; ● the WB’s Environmental and Social Policy for Investment Project Financing (IPF)4 sets out the requirements that apply to the Bank; ● the ten ESS5, which set out the requirements that apply to borrowers; ● Bank Directive: Environmental and Social Directive for IPF6; and ● Bank Directive on Addressing Risks and Impacts on Disadvantaged or Vulnerable Individuals or Groups7. The WB’s Environmental and Social Policy for Investment Project Financing (IPF) states that the bank is committed to supporting borrowers in developing and implementing projects that are environmentally and socially sustainable. Moreover, the bank helps to enhance the capacity of borrowers’ environmental and social frameworks to assess and manage the environmental and social risks and impacts of projects. To this end, the bank has defined specific ESS, which is designed to avoid, minimize, reduce, or mitigate the adverse environmental and social risks and impacts of projects. The bank will assist borrowers in applying the ESS to projects supported through IPF following this Environmental and Social Policy for IPF. The ESF consists of its 10 ESS, which set out the requirements related to risks outlined above. The WB has evaluated those aspects of the borrower’s policy, applicable laws, regulations, rules, and procedures to determine compatibility and may utilize that country's system as deemed compatible. If an evaluation identifies gaps in the borrower’s environmental and social laws and systems, the borrower will work with the WB to identify measures and actions to address such gaps. A gap analysis of regulations is presented in the following section, with a discussion of findings on GOI readiness to implement ESF requirements. 3 http://pubdocs.worldBank.org/en/837721522762050108/Environmental-and-Social- Framework.pdf#page=15&zoom=80 4 http://pubdocs.worldBank.org/en/360141554756701078/World-Bank-Environmental-and-Social-Policy-for- Investment-Project-Financing.pdf 5 https://www.worldBank.org/en/projects-operations/environmental-and-social- framework/brief/environmental-and-social-standards 6 https://policies.worldBank.org/sites/ppf3/PPFDocuments/Forms/DispPage.aspx?docid=4299690b-e96c- 44a1-9117-8c7bc51dde70&ver=current 7 https://policies.worldBank.org/sites/ppf3/PPFDocuments/Forms/DispPage.aspx?docid=e5562765-a553- 4ea0-b787-7e1e775f29d5&ver=current 31 Medan—Preliminary ESIA for BRT Project Table 6: The WB’s Environmental and Social Standards (ESS) Standard Concerning ESS1 Assessment and Management of Environmental and Social Risks and Impacts ESS2 Labor and Working Conditions ESS3 Resource Efficiency and Pollution Prevention and Management ESS4 Community Health and Safety ESS5 Land Acquisition, Restrictions on Land Use, and Involuntary Resettlement ESS6 Biodiversity Conservation and Sustainable Management of Living Natural Resources ESS7 Indigenous Peoples ESS8 Cultural Heritage ESS9 Financial Intermediaries (FI) ESS10 Stakeholder Engagement and Information Disclosure in the preparation of ESMF for this project 32 Medan—Preliminary ESIA for BRT Project 4.3 Environmental and Social Assessment Requirements for World Bank Funding The table below summarizes the Indonesian regulations and their gap to the WB’s ESS, and the required actions/documents in closing the identified gaps. Table 7: Summary of Gaps Between Indonesian Regulations and WB’s ESF Required Standard Indonesian Regulation WB’s ESF Gap Actions/Documents ESS1: ● Every business/activity is required to have ● The borrower will carry out an ESIA could include the Despite it not yet being Assessment and an EIA (AMDAL) or UKL-UPL and environmental and social assessment of socio-economic- cultural determined if an AMDAL Management of environmental permit to protect the project to assess the project’s component in the is required, below are Environmental environmental damage and as a environmental and social risks and impacts analysis, such as income some suggestions for an and Social Risks prerequisite for obtaining a throughout the project life cycle; levels, demographics, ESIA that meets WB and Impacts business/activity permit; ● The borrower, in consultation with the livelihoods, local culture, criteria. ● The EIA (AMDAL) consists of the ToR, bank, will identify and use appropriate archaeological sites, Suggested TOR for the environmental impact analysis (ANDAL), methods and tools (will include, as cultural sites, and the Supplement AMDAL is RKL, and RPL; or UKL-UPL for the appropriate, a combination of the potential social available in Annex 1 to business/activity that is not required in the following): ESIA; environmental audit; a impacts/risks as results of provide a more EIA (AMDAL); and Declaration Letter of hazard or risk assessment; social and community participation comprehensive Environmental Management and conflict analysis; ESMP; ESMF; regional or in the analysis process. environmental and social Monitoring (SPPL); and sectoral EIA; strategic environmental and However, the emphasis of management ● A planned development that has the social assessment (SESA); and the analysis is more on the assessment that is typical potential to cause a disturbance in road ● The environmental and social assessment environmental side, while in an ESIA TOR; to transportation security, safety, and traffic, will consider: environmental risks and the social analysis is rarely address social issues requires a traffic impact analysis impacts (incl. climate change, biodiversity, addressed in detail. Gaps such as land acquisition, (Andalalin). ecosystem services) and social risks and exist for socio-economic gender, impacts (incl. impacts on livelihoods, social analysis and disadvantaged/vulnerabl 33 Medan—Preliminary ESIA for BRT Project conflicts, disadvantaged/vulnerable compensation of affected e groups, and the groups, land tenure, OHS, cultural livelihoods (e.g., income grievance mechanism heritage). loss or via business primarily related to the disturbance). land acquisition process. ESS2: ● The service providers must apply ● The borrowers can promote sound The primary supply The ESF provides more Labor and Construction safety management system; worker-management relationships and workers are not brought detail regarding labor Working ● For projects above IDR 100 Billion and 100 enhance the development benefits of a to attention (potential and working conditions. Conditions workers are required to have a construction project by treating workers fairly and risks of child labor, forced The labor-management OHS expert; providing safe and healthy working labor, and serious safety procedure needs to be ● Working area condition threshold values for conditions; issues may arise in prepared before physical factors (incl. working climate, ● The employment of project workers will be relation to primary implementation, noise, vibrations, microwaves, ultraviolet based on equal opportunity and fair suppliers). especially concerning rays, and magnetic fields) and chemical treatment. There will be no discrimination the issues of child labor, factors (incl. the form of solids, liquids, to any aspects of the employment forced labor, and safety. gases, mists, aerosols, and vapors derived relationship; Worker grievance from chemicals); and ● The borrower will provide appropriate mechanism also needs ● Rights to fair and decent working measures of protection and assistance to to be addressed. with conditions; right to complaint and grievance address the vulnerabilities of project potable water mechanisms. workers, including specific groups of adequate sanitation workers, such as women, people with facilities disabilities, migrant workers, and children (of working age following this ESS); ● A child under the minimum age established will not be employed or engaged in connection with the project; ● A grievance mechanism will be provided for all direct workers and contracted workers; ● OHS measures will be applied to the 34 Medan—Preliminary ESIA for BRT Project project and set out in the legal agreement and the ESCP; and ● The borrower will require the relevant primary supplier to introduce procedures and mitigation measures to address safety issues. ESS3: ● Every person who pollutes/damages the ● ESS sets out the requirements to address Some gaps were identified Environmental code of Resource environment is obliged for clean-up or resource efficiency and pollution regarding material practices (ECOP) should Efficiency and rehabilitation; prevention and management throughout efficiency and green be followed by Pollution ● Some instruments for preventing pollution the project life cycle; construction guidelines. construction firms. Prevention and and environmental damage are KLHS, EIA ● The borrower will improve the efficient Environment tests (for Management (AMDAL), UKL-UPL, environmental permits, consumption of energy, water, raw noise, traffic, air and environmental risk analysis, environmental materials, and other resources; water quality, and audits, and other instruments; ● The borrower will assess the potential aquatic biota) should be ● Businesses/activities that potentially cause cumulative impacts of water use upon included in BOQ and the impacts in the form of emissions, noise, and communities and identify and implement ESMP should be stated in air pollution requires ESIA; appropriate mitigation measures; the specification of the ● The management of hazardous and toxic ● The borrower will avoid the release of contract document waste (B3) and waste handling originating pollutants or minimize and control the Need to include GHG from public facilities are regulated; and concentration and mass flow of their emissions as one ● Energy conservation: energy management release using the performance levels and selection criteria in the for users with energy consumption of measures specified in national law or the technical analysis; also, >6,000 tons of oil equivalent per year and EHSGs, whichever is most stringent; and during operational, the energy savings for users with less energy ● The borrower will avoid the generation of positive impacts due to consumption. hazardous and non-hazardous waste and reduced GHG caused by minimize and control the release and use the new transportation of hazardous materials. system are included. Efficient and environmentally friendly 35 Medan—Preliminary ESIA for BRT Project material sourcing should be included (such as Green procurement in the BRT project). ESS4: ● The spatial planning is conducted by ● The borrower will evaluate the risks and Community safety, Ensure that hazards and Community considering the physical condition— impacts of the project on the health and especially with extreme the inclusion of minority Health and Safety vulnerability to disasters and security; safety of the affected communities during weather, potential groups are considered ● BRT operations should take the the project life cycle, including those who emergency events have for the BRT system environmental function preservation into may be vulnerable because of their not been identified yet. designs. account; particular circumstances; Further, the inclusiveness Accessibility for women ● EIA (AMDAL) assesses the changes in the ● The borrower will design, construct, of services is not and people with public health level; operate, and decommission the project’s addressed. The impact disabilities should be ● Public transportation services should be structural elements according to national assessment towards addressed. accessible to disabled users; legal requirements, the EHSGs, and other women and vulnerable Traffic analysis during ● Gender mainstreaming in development GIIP, taking into consideration safety risks groups is not specified in construction should be planning, including participation in the to third parties and affected communities; the regulation. included. development process; and inclusion into the ● When structural elements or components Conduct a risk hazard design and onwards to BOQ of a project are situated in high-risk assessment (RHA). ● The noise limit for settlement, hospital, and locations, including those with risks of GBV (SEA/SH) school is 55 dBA. extreme weather, and their failure or assessment and action malfunction may threaten the safety of plan to be developed communities, the borrower will engage and implemented during independent experts to conduct a review; implementation. ● The borrower will establish and implement appropriate quality management systems to anticipate and minimize risks and impacts that such services may have on 36 Medan—Preliminary ESIA for BRT Project community health and safety; ● The borrower will identify and monitor the potential traffic and road safety risks to workers, affected communities, and road users throughout the project life cycle; ● The borrower will identify the project’s potential risks and impacts on ecosystem services that may be exacerbated by climate change; ● The borrower will avoid or minimize the potential for community exposure to water-borne, water-based, water-related, and vector-borne diseases. And also, communicable and non-communicable diseases that could result from project activities, taking into consideration differentiated exposure to and higher sensitivity of vulnerable groups; and ● The borrower will identify and implement measures to address emergency events; projects having the potential to generate emergency events will conduct a risk hazard assessment (RHA). ESS5: ● Proper compensation for losses arising from ● The requirements are including eligibility ESIA covers direct-indirect Both direct and indirect Land Acquisition, the implementation of development classification, project design, impacts; however, the impacts due to land Restrictions on activities under the spatial plan needs to be compensation and benefits for affected indirect impacts are often acquisition will be Land Use, and provided; if development is of public persons, community engagement (incl. less/not paid attention to covered by the Involuntary interest, the party entitled to the land must ensure that women’s perspectives are during the environmental environment and social Resettlement release after fair compensation. A detailed obtained and their interests factored into and social impact study. management plan for 37 Medan—Preliminary ESIA for BRT Project procedure is regulated; all aspects of resettlement planning and The planned land the program, specifically ● Compensation can be given in the form of implementation), grievance mechanism, compensation has been through the land money, replacement land, resettlement, planning and implementation, physical- assessed based on the acquisition and shareholding, or other forms agreed by both economical displacement, collaboration value of the land, while resettlement framework parties (Presidential Regulation No. 71 of with other responsible agencies or anything related to the and plans. 2012 and Government Regulation No. subnational jurisdictions, and technical land (e.g., buildings, The WB’s instruments 19/2021); and financial assistance; and plants) has not yet been LARPF & LARAPs needs ● Especially for the parties that occupied state ● ESS5 requirements will be met by sufficiently elaborated on to be prepared, including land (in a good way/beritikad baik; >10 developing Involuntary Resettlement the aspects related to the provision of years) could receive the compensation in Instruments, which consist of: relocation assistance and sufficient resources for the form of money or relocation. The a. Process Framework; and livelihood restoration the development of government will give compensations to b. land acquisition and resettlement plan measures. resettlement sites, cover demolition costs; mobilization; house (LARAP or RAP). where necessary; rental for up to 12 months; and allowances together with the for income losses from land use provision of relocation (Presidential Regulation No. 62 of 2018); assistance and for ● Feasibility studies in the land acquisition planning and planning document cover: implementation of a. socioeconomic survey; income rehabilitation b. location eligibility; measures for those c. analysis of development costs and affected by the loss of benefits for the region and the community; incomes and livelihood, d. estimated land value; consistent with the e. environmental and social impacts that requirements of ESS7. may arise as a result of land acquisition and As per the PF and ESCP, development; and an independent monitor f. other studies needed. will be mobilized to ● Notification of development plans is provide third-party conveyed to the public at the development assessments of the location plan for the public interest, either implementation of the 38 Medan—Preliminary ESIA for BRT Project directly or indirectly; and RAP or LARAP. ● Parties that object to the development location plan could have second public consultation. Any objections afterward will be handled by a special team established by the governor to inventory the problems of objections, conduct discussions, and give recommendations to the governor to accept/reject the objections. 39 Medan—Preliminary ESIA for BRT Project ESS6: ● Every person who pollutes/damages the ● The environmental and social Identification of risks is Outline specific Biodiversity environment is liable for clean-up and assessment set out in ESS1 will consider part of the EIA (AMDAL), mitigation options that Conservation rehabilitation or restoration; direct, indirect, and cumulative project- but possible mitigation satisfy the regulations and Sustainable ● KLHS/SESA is one of the instruments for related impacts on habitats and the options might not be as of both institutions. Management of preventing pollution/environmental biodiversity they support; explicit (e.g., tree Estimation of the Living Natural damage. It consists of studies on carrying ● Where the environmental and social replanting number of large trees Resources capacity and carrying capacity the assessment has identified potential risks requirements). that will have to be cut environment for development, estimates and impacts on biodiversity or habitats, (for example by the of environmental impacts and risks, the borrower will manage those risks and position of BRT ecosystem service performance, efficient impacts following the mitigation stations) and a use of natural resources, and biodiversity hierarchy; and compensation potential; and ● This ESS addresses all habitats, mechanism should be ● EIA (AMDAL) covers the biological categorized as ‘modified habitat’, identified. component, such as vegetation/flora, ‘natural habitat’, and ‘critical habitat’, Tree replanting at the fauna, ecosystem types, the presence of along with ‘legally protected and station’s surrounding endangered/endemic species, and their internationally and regionally area will be based on habitats. recognized areas of biodiversity value’. their age, productivity, and current commercial value, per recommendation by the local environmental /mayor’s office. ESS7: ● The state recognizes IPs and respects the ● ESS ensures that IPs are fully consulted There is no single Further analysis might Indigenous cultural identity and rights of the and actively participate in project design definition for IP in be needed to clarify the Peoples (IP) community traditional in harmony with and the determination of project Indonesia. village location in civilization development; the state implementation arrangements, incl. Furthermore, Medan and the BRT guarantee the freedom of the people in avoidance of adverse impacts; mitigation Indonesian regulations final routes and maintaining their cultural values; and development benefits; and do not give specific ways stations. ● The procedure to get acknowledgment meaningful consultation tailored to IP; to address IP rights in a In case there are and protection for IP communities is ● Circumstances are requiring free, prior, certain project. indigenous people regulated; and informed consent (FPIC), incl. impacted, specific 40 Medan—Preliminary ESIA for BRT Project ● Rights on land can be given communally impacts on lands and natural resources impact planning to the IP communities that meet the subject to traditional ownership or measures and free, requirements and communities located in under customary use or occupation; prior, and informed specific areas; and relocation of IP from lands and natural consent (FPIC) are ● IP institutions at the village level resources subject to traditional needed and a grievance (Lembaga Adat Desa—LAD) are in charge ownership or under customary use or mechanism needs to be of assisting the village government in occupation; and cultural heritage; developed. preserving customs, protecting cultural ● Grievance mechanism; and identity, and also as a partner in ● IP and broader development planning. increasing community participation in the development process. ESS8: ● Government should pay attention to the ● The environmental and social The gaps are in the Include the risks and Cultural cultural site in spatial planning, preserve assessment, as set out in ESS1, will enforcement of the impacts of project Heritage cultural heritage in the regions, incl. the consider direct, indirect, and cumulative regulation and the activities on cultural customs and socio-cultural values in project-specific risks and impacts on inclusion of risks and heritage in the ESIA. A communities; cultural heritage; impacts on cultural full heritage impact ● EIA (AMDAL) also covers socio-economic- ● Stakeholder consultation and heritage from project assessment (HIA) is cultural components, such as local identification of cultural heritage, incl. activities. highly advisable for the culture, archaeological sites, cultural confidentiality, stakeholders’ access; proposed BRT routes sites; and ● Legally protected cultural heritage and stations. ● Indonesia ratified the Convention for the areas; Depending on the Safeguarding of the Intangible Cultural ● Provisions for specific types of cultural findings, a Heritage. heritage, incl. archaeological sites and cultural/historical material, built heritage, natural features heritage management with cultural significance, and movable plan might be necessary cultural heritage; and to ensure proper ● Commercial use of cultural heritage. treatment of any sites near the new BRT line. Bidding documents must include a provision that 41 Medan—Preliminary ESIA for BRT Project will require stopping the construction activities immediately upon the discovery of any archaeological and cultural relics and informing the local government promptly. ESS9: Financial (not applicable for this project) Intermediaries ESS10: ● EIA (AMDAL) covers socio-economic- ● Borrowers will engage with Gaps exist for socio- Mass transport project Stakeholder cultural components, such as income stakeholders throughout the project life economic analysis and implementation might Engagement and levels, demographics, and livelihoods; cycle, including: compensation of highly affect the Information ● By law, public information is required to a. Engagement during project affected livelihoods (e.g., livelihood of the Disclosure be available and transparent; preparation (stakeholder identification for income loss or via existing ● The community has the right to and analysis, SEP, information business disturbance). formal/informal participate in regional development disclosure, meaningful consultation); transportation service planning; b. Engagement during project providers; thus, the ● Community involvement in EIA (AMDAL) implementation and external reporting; direct-indirect impacts is regulated, i.e.: (a) provide transparent c. grievance mechanism; and need to be more and complete information; (b) equality of d. organizational capacity and assessed and managed. position between parties; (c) fair and wise commitment. SEP will guide more on problem solving, and d) coordination, stakeholder communication. The impacted engagement and communities have the right to submit information disclosure suggestions, opinions, and responses for this project. within ten days after the announcement; Stakeholder ● Village community institution (Lembaga participation (incl. Kemasyarakatan Desa — LKD), is used as women) needs to be 42 Medan—Preliminary ESIA for BRT Project a partner institution to increase ensured. community participation in the Formal and informal development process. LKD consist of grievance platforms neighborhood associations (RT, RW), need to be provided. family welfare empowerment organization, youth organization (Karang Taruna), health service post (Pos Pelayanan Terpadu), community empowerment organizations; and ● Gender mainstreaming in development planning is done by gender analysis that includes women’s and men’s participation in the development process and the benefits they enjoy; it is regulated to be implemented at the local level also. 43 Medan—Preliminary ESIA for BRT Project 5. Environmental and Social Baseline An AMDAL for the BRT and LRT Medan was already conducted in 2018 but did not meet all the World Bank ESF requirements. Therefore, below, a preliminary social and environmental impact assessment and review has been prepared to synthesize existing documents and highlight gaps (please refer to ANNEX I: Preliminary Social Economic Impact on Angkot Drivers and ANNEX II: Preliminary Socio-economic Analysis of the Planned BRT Route) . The AMDAL contains some useful information regarding environmental criteria such as: Geographical location, climate, traffic, air quality and noise, hydrology and hydrogeology, soil, and biodiversity, but is largely missing social important facts. Some BPS data was used to update the information, but further analysis will have to be done in the full AMDAL and the final ESIA. o General Description Medan is one of the five main central cities in Indonesia with a population of 2,435,252 people. Compared to 2019, there is an increase of 155,358 people (6.81%) (BPS 2021). It has a population density of 9,186 people/km² with a total area of 265.1/km². It is led by a mayor and currently consists of 21 subdistricts (kecamatan), 151 urban villages (kelurahan), and 2,001 administrative units. The city was founded by Guru Patimpus, a Karonese man who named the area of swampy land in the confluence of Deli River and Babura River as Kampung Medan Putri. It later became a part of the Deli Sultanate which was established in 1632. The rapid development of the economy transformed Medan into a trade hub. The Deli Railway was established for shipping rubber, tea, timber, palm oil, and sugar from the city to the Port of Belawan. Medan was the capital of the State of East Sumatra before it became the provincial capital of North Sumatra. A gateway to the western part of Indonesia, Medan is supported by the Port of Belawan and Kualanamu International Airport, both of which are connected to the city center via toll roads and railways. Medan is the first city in Indonesia to integrate airports with trains. Bordering the Malacca Strait makes Medan a very important trade, industry, and business city in Indonesia. The daily mobility of people in Medan is currently supported by the road sector with a recorded length of 3,279.50 km by 2019 (BPS 2021). Vehicle distribution data shows that of the total number of passenger vehicles of 408,877 units, only 1% is allocated for public transportation and the rest are private vehicles. This number excludes the number of 44 Medan—Preliminary ESIA for BRT Project motorcycles which reached 4,523,956 units and motorized tricycles which contributed 26,960 units. As the population of Medan increases and the road network is unable to cope with the exponential use of vehicles, it is projected that the City of Medan in the next few years will face congestion problems that continue to reduce the productivity of its citizens as is the case in big cities on the island of Java. Below, further environmental and social aspects of the baseline will be described. o Environment 5.1.1 Geographical Location Medan is the capital and largest city of the province of North Sumatra, located in the northwestern-most part of North Sumatra province. Geographically, Medan lies between 3°27’ - 3°47’ of North Latitude 98°35’ - 98°44’ of East Longitude. Medan is bordered by Deli Serdang in the south, east, and west, while Medan borders with the Strait of Malacca in the north. Its elevation varies between 2.5 and 37.5 meters (8 ft 2 in and 123 ft 0 in) above sea level. 5.1.2 Climate The AMDAL document contains detailed climate information in Medan City but needs to be updated. Medan has a tropical climate and in 2020 the minimum temperature according to Sampali Station was 21°C and the maximum temperature was 36°C. Furthermore, the average humidity of the atmosphere in Medan is 82%, and the average wind velocity is 1.16 m/second, the average evaporation each month was 117,5 mm. The average rainy days in 2020 was recorded at 17 days per month and the average rainfall was 228,5 mm. 45 Medan—Preliminary ESIA for BRT Project Table 8: 2020 Climate Data of Medan City from Sampali Climatology Station, Medan Average Average Average Wind Rainfall Number of Month Temperature Humidity (%) Velocity (knot) (mm) Rainy Days (°C) January 27.0 85 2.4 192 8 February 27.1 85 2.4 133 11 March 28.0 83 2.6 38 7 April 27.8 84 2.4 151 15 May 28.0 86 2.0 347 24 June 27.6 86 1.8 298 17 July 25.5 85 2.6 184 19 August 27.7 84 2.6 279 12 September 27.1 86 1.8 367 23 October 27.3 86 2.0 264 19 November 26.6 88 2.2 203 22 December 26.4 88 3.0 286 22 Source: Medan Municipality in Figures, 2021 5.1.3 Air Quality and Noise The sampling of air quality and noise was completed for the AMDAL and was conducted during the day with sunny conditions at distinct 8 points, with parameters taken in accordance with the Government Regulation Number 41 of 1999 on Air Pollution Control. Based on the data, the air quality is still in relatively good condition with only two parameters exceeding the threshold under Government Regulation Number 41 of 1999 on Air Pollution Control. Noise-level which was measured by the Medan roadside shows that the noise along the roadside generally exceeds the threshold of 60 dBA based on the Ambient Noise Quality Standard (Ministry of Environment Decree No. 48/MENLH/VI/1996 for Public Facilities) which is estimated to be caused by the noise from transportation activities around the area. 46 Medan—Preliminary ESIA for BRT Project The following table provides the air quality and noise level at the roadside measurement points in Medan City. Table 9: Air Quality and Noise Analysis Results Parameter Unit Threshold Point 1 Point 2 Point 3 Point 4 Point 5 Point 6 Point 7 Point 8 Temperature °C - 34.0 32.0 35.0 34.0 29.0 33.0 29.0 30.0 2.8610 2.8308 NH3 ppm 2 0.2131 0.1782 0.1569 ^ 0.5426 0.6641 0.1549 ^ H2S ppm 0.02 0.0169 0.0169 0.0169 0.0169 0.0166 0.0169 0.0168 0.0168 TSP* μg/Nm3 230 30.00 66.7 13.3 106.7 116.7 126.7 150.0 140.0 SO2* μg/Nm3 900 56.18 53.26 51.70 55.78 54.01 61.06 58.57 53.54 NO2* μg/Nm3 400 4.43 17.58 20.69 34.44 26.52 25.51 27.31 25.63 O3* μg/Nm3 235 4.82 3.68 2.02 5.10 2.25 1.73 2.41 5.35 Noise dBA 60 53.3 68.5^ 72.5^ 73.8^ 63.0^ 77.7^ 75.5^ 70.5^ Source: AMDAL, 2018 5.1.4 Hydrology and Hydrogeology Surface water quality The sampling of surface water was completed for AMDAL and was conducted at 9 location points along the Deli River. Based on the results of the laboratory analysis of surface water quality, several parameters exceeded the quality standard under the Government Regulation Number 82 of 2001 on Water Quality Management and Class II Water Pollution Control, namely the temperature, TSS, BOD, COD, DO, Phosphate, Zinc, and Oil and Fat parameters, this is because around the receiving water bodies there are domestic activities of the population, trade and service activities, as well as industrial activities. More details can be seen in the following table. 47 Medan—Preliminary ESIA for BRT Project Table 10: Surface Water Quality Laboratory Analysis Results Source: AMDAL, 2018 Groundwater The hydrogeological conditions of the BRT development plans are based on hydrogeological data in the Hydrogeological Map of the Medan Region published by the Directorate of Environmental Geology and Mining Areas, consisting of: a. Productive aquifers: these aquifers have various levels of continuity, the groundwater level is generally deep, locally could be found in springs with small discharge. b. Low aquifer: This aquifer generally has a low level of continuity, locally in stable areas groundwater can be obtained, although the discharge is small. c. Very low aquifer: areas with aquifer conditions like this are generally areas with rare/rare groundwater conditions or in other words it is difficult to find groundwater. Based on the results of field observations and secondary data, it is known that most of the areas of Medan City, especially areas with weathered volcanic rocks, are included in the productive groundwater area. 48 Medan—Preliminary ESIA for BRT Project 5.1.5 Aquatic Biota This assessment has not obtained detailed information on existing aquatic biota in both surface water and groundwater in the Medan City area. Biodiversity assessment has been done for the AMDAL, but only on land flora and fauna. 5.1.6 Hazardous Waste This assessment also has not obtained detailed information on existing hazardous waste management in Medan City. However, the AMDAL document contains detailed information on the planned waste management during the construction, consisting of wastewater management for domestic wastewater from temporary toilets and construction waste. It also contains a waste management plan for when the BRT is operational, consisting of wastewater and domestic waste. 5.1.7 Soil The AMDAL document contains detailed information on the geological profile of Medan City. In general, based on the geological map that has been published (Geological Map Sheet Medan, Sumatra compiled by N.R. Cameron et al, 1982) the area of Medan City and its surroundings can be divided into three stratigraphic units. In order from oldest to most recent, they consist of: a. Toba Tuff, consisting of partially welded rhodizite tuff. The weathered soil has textured silt to sand, the bearing capacity of the foundation is quite good. b. Singkut Unit, consisting of andesite, dacite, and microdiorite tuff. The weathered soil has a texture of silt to sand, is solid or hollow, the graduation varies depending on the number of cavities, the bearing capacity of the foundation is quite good. c. The Medan Formation, consisting of chunks of gravel, sand, silt, and clay. The weathered soil has a clay to silt texture. In general, the geological condition of the area where the Medan City BRT development is planned should relatively receive special attention regarding the problem of subgrade and rock as well as the geological structure that will be used as the foundation for the BRT line. 5.1.8 Biodiversity and Landscape An assessment of existing flora and fauna around planned BRT sites has been done for the AMDAL document. The types of flora identified in the project site area are cultivated plants that function as green open space (RTH) plants that are planted on median roads and 49 Medan—Preliminary ESIA for BRT Project sidewalks. There are 10 species of plants identified in the BRT project site area from 7 families, the following is a list of flora species in the project site area and its surroundings Table 11: Flora types occurring in the area of the BRT project Types of land fauna identified in the project site area include 7 species of aves (birds) from 5 families, 2 species of herpetofauna from 2 families, and 2 types of mammals from 2 families as listed in the following table. 50 Medan—Preliminary ESIA for BRT Project Table 12: Fauna occurring at the BRT project Based on a street survey in December 2021, several trees are identified in the median and roadside along the Medan BRT route. Pinang Raja trees on the median of Jl. TB Simatupang in front of Pinang Baris Terminal 51 Medan—Preliminary ESIA for BRT Project Angsana trees on the median near the proposed RRI Medan Station. 5.1.9 Utilities Whilst this assessment has not obtained detailed information regarding utilities, it is assumed that there are various existing utilities that may be impacted by the construction and operation of a new urban transport system. It is recommended that a full utilities survey is completed to ensure all impacts are identified on water pipes, gas pipes, electricity, telecommunications, storm water drainage, traffic controls, and street lighting. 5.1.10 Greenhouse Gas (GHG) Emissions This assessment also has not obtained detailed information on the GHG emissions inventory of Medan City. 5.1.11 Disaster Risk Profiles Indonesia is one of the most disaster-prone countries in the world. With funding from the Global Facility for Disaster Reduction and Recovery (GFDRR), the World Bank has been working to develop guidelines for mass transit operators, planners, and engineers to incorporate climate change adaptation and disaster risk mitigation into the planning, design, and operation of mass transit systems. As part of this work, assessments were made of the natural hazards in the Medan area. These hazards were quantified using published data on the topography, location, intensity, and frequency. Based upon these assessments, a series of Geographic Information System (GIS) maps were produced showing areas of Greater Bandung that are susceptible to each type of hazard. The segregated elements of the 52 Medan—Preliminary ESIA for BRT Project proposed BRT network in Medan were then overlaid onto these maps, highlighting areas of the network that are at risk because of different natural hazards. Figure 2: Disasters Affecting North Sumatra Natural hazards in Medan are generally restricted to flooding, both riverine, storm-related, and tidal. However, the location of Medan, which is close to volcanic activity, means that some volcanic risk exists. The topography and layout of Greater Medan mean that different types of offloading are likely to occur in different places. Because much of the centre of Medan is relatively flat and low-lying, this area is most likely to experience flooding, both flash flooding resulting from extreme rainfall, but also flooding resulting from accumulations of more normal rainfall. This means that much of the centre of the city and key elements of the proposed mass transit systems, lie within areas that are likely to flood regularly. Tidal flooding tends to be restricted to the immediate coastal area, so will not affect currently planned mass transit networks. The impacts of a volcanic eruption are twofold, flows of lava along relatively well-known gullies and rivers, and the effect of ashfall, which can occur anywhere depending upon wind direction. The former risk is most prevalent relatively close to the volcano itself, meaning that in Medan the risk is greatest in small parts of the southern edge of the city. The city centre itself is generally unlikely to be affected. All of Greater Medan is potentially at risk of ashfall, depending upon wind direction and other factors, although in recent events, effects have 53 Medan—Preliminary ESIA for BRT Project been felt farther afield. Medan is generally not affected by earthquake activity. As there are few slopes close to the city, Medan does not generally suffer from landslides. Figure 3: Flooding exposure of the BRT line The Medan BRT network is in a high-risk area for flooding. Establishing flood prevention for the transportation infrastructure and possible flood solutions for the whole city of Medan may be necessary. The mitigation plan must include a contingency plan. 54 Medan—Preliminary ESIA for BRT Project Figure 4: Landslide exposure of the BRT line Medan City has a low risk of landslides, except for 1 or 2 small areas. The BRT network is in a low-risk area for landslides. Areas with multiple risks will require minor mitigation. 55 Medan—Preliminary ESIA for BRT Project Figure 5: Earthquake exposure of the BRT line All stations and networks are in low-hazard areas for earthquakes. Contingency plans are still necessary to prepare in case of more devastating effects of an earthquake. Construction must be designed according to national standards (SNI 1726: 2019). Figure 5: Volcanic eruption exposure of the BRT line All stations and networks are in a safe zone from a volcanic eruption. Light volcanic ash at the facility may occur during the eruptions of Mount Sinabung and Sibayak. Contingency plans are necessary in case of more devastating impacts of a volcanic eruption. The hazard exposure of the BRT network is summarised in the Table below. This shows the exposure to each type of hazard separately, as the locations are different, and the mitigation measures need to be considered independently. Table 13: Exposure Assessment for BRT Line Proposed Station Name Exposure Volcanic eruption Landslide Earthquake Flood 56 Medan—Preliminary ESIA for BRT Project Pinang Baris Low Low Low Low Kodam Bukit Barisan I Low Low Low Low Kantor Imigrasi Low Low Low Low RRI Medan Low Low Low Low Harapan Low Low Low Low UNPAB Low Low Low Low RS Advent Low Low Low Low Brastagi Supermarket Low Low Low Low Pasundan Low Low Low Low Carrefour Low Low Low Low Sekip Low Low Low Low Kapten Maulana Lubis Low Low Low Low Raden Saleh Low Low Low Low Guru Pattimpus Low Low Low Low Capital Building Low Low Low Low Merdeka Walk Low Low Low Low Stasiun Kereta Api Low Low Low Low Perdagangan Low Low Low Low 57 Medan—Preliminary ESIA for BRT Project Selat Panjang Low Low Low Low Ahmad Yani Low Low Low Low Pemuda Low Low Low Low RS Permata Bunda Low Low Low Low Masjid Raya Low Low Low Low Taman Makam Pahlawan Low Low Low Low Stadion Teladan Low Low Low Low UISU Low Low Low Low Koperasi Bangun Mandiri Low Low Low Low Simpang Limun Low Low Low High Univ. Al Washliyah Low Low Low Low Garu Low Low Low Low Masjid Jami Low Low Low Low Showroom Low Low Low Low Medan Metro Low Low Low Low Terminal Amplas Low High Low Low Source: ITP for World Bank, 2021 58 Medan—Preliminary ESIA for BRT Project o Social 5.1.12 Demographics The demographics data was based on BPS 2018 statistics and needs to be updated. Based on Statistics of Medan in 2020 (Medan Municipality in Figures 2021), of the over 2 million population of Medan, about 50.23 percent are women and girls with a gender ratio of 99.09. Most of the population is in the productive age group of 15-64 years old at around 69.99%. Medan City is not yet free from the poverty problem. Based on the result of Susenas 2020, about 7.54 percent of the population is below the poverty line or about 183.54 thousand inhabitants. The number of poor people decreased both in percentage and number. A lot of work is still needed to accelerate the reduction of poverty in relation to achieving sustainable development goal 1 (no poverty) in 2030. The demographics are summarized in the table below. Table 14: Medan City Population Demographics Demographics Year Statistics Medan City Population 2020 People 2,435,252 Population density 2020 People/km2 9,186 Population growth 2010-2020 Annual % 1.45 Female population 2020 % of population 50.23 Male Population 2020 % of population 49.77 Gender ratio 2020 Number 99.09 Age group: 0-14 years 2020 % of population 24.06 15-64 years 2020 % of population 69.99 65+ 2020 % of population 5.95 Poverty number 2020 People 183,540 Poverty percentage 2020 % of population 7.54 Poverty line 2020 Rp 553,796 City minimum wage 2020 Rp per month 3,222,556 59 Medan—Preliminary ESIA for BRT Project Source: Medan Municipality in Figures, 2021 5.1.13 Education and Health The education and health data were also from 2018 statistics and need to be updated. The table below provides a snapshot of the education and health status of the population in Medan City. The Human Development Index of Medan City increased from 80.97 in 2019 to 80.98 in 2020. This index is formed, in part, from two indicators of education, namely Expected Years of Schooling of 14.74 years and Mean Years of Schooling of 11.39 years, as well as one indicator of health, namely Life Expectancy of 73.14 years. Table 15: Medan City Education and Health Profile Year Statistics Medan City Expected years of schooling 2020 Years 14.74 Mean years of schooling 2020 Years 11.39 Life expectancy 2020 Years 73.14 Source: Medan Municipality in Figures, 2021 In 2020, there are 693 pre-primary schools with a total of 32,343 students, 961 primary schools with 255,206 students, 476 lower secondary schools 132,354 students, 250 higher secondary schools with 83,066 students, and 163 vocational schools with 58,129 students, as well as 72 universities across Medan City. 60 Medan—Preliminary ESIA for BRT Project Table 16: Medan City Education Statistics Net Gross School Teacher Student Enrollment Enrollment Education (school) (people) (people) Rate (%) Rate (%) TK 414 2,060 16,600 - - RA 279 1,248 15,743 SD 875 13,471 232,353 93.26 105.90 MI 86 1,121 22,853 SMP 391 6,677 111,448 79.88 114.07 MTs 85 1,168 20,906 SMA 221 4,488 70,799 MA 29 746 12,267 61.79 86.13 SMK 163 3,596 58,129 Higher Education 72 - - 40.26 43.89 Note: TK & RA: pre-primary education; SD & MI: primary education; SMP & MTs: lower secondary education; SMA & MA: upper secondary education; SMK: vocational secondary education. Source: Medan Municipality in Figures, 2021 In the effort to improve public healthcare in Medan City, according to the statistics of North Sumatra Province, by 2020 there are 53 hospitals, 14 special hospitals, 41 public health centers (Puskesmas), 284 clinics, 1,354 integrated service post (Posyandu), supported by 2,930 doctors, 6,209 nurses, and 1,682 midwives. 61 Medan—Preliminary ESIA for BRT Project Table 17: Medan City Health Facilities and Workers Health facilities in Medan Hospitals 53 Special hospitals 14 Puskesmas 41 Clinics 284 Posyandu 1354 Health workers in Medan Doctors 2930 Dentist 336 Nurse 6209 Midwife 1682 Pharmacist 905 Pharmacist 905 Public health workers 320 Environmental health worker 64 Nutritionist 300 Medical laboratory technician 443 Source: Statistics of North Sumatra Province, 2020 5.1.14 Employment and Livelihood The employment and livelihood data in the AMDAL are mostly sourced from BPS data and thus need to be updated. Interviews were also conducted with 255 respondents whose homes are located near the planned project areas to assess the economic pattern of the residents around the planned activity. Of this number, in terms of the type of work, respondents consist of six types, and the most are residents who pursue their own business (entrepreneurs) at 41.5%, then trade groups at 23.9%, and civil servants at 19.22%. 62 Medan—Preliminary ESIA for BRT Project From the interviews, it is found that the average salary of employees with a bachelor's degree is Rp. 5,000,000, retailers get an average net profit of Rp. 4,750,000, while the entrepreneurs get Rp. 7,700,000, per month. 5.1.15 Access to Employment, Community Facilities, Education The AMDAL document does not cover information on access to employment, community facilities, and education, but provides information on existing public transportation, particularly road transportation. The number of city transportation ( angkot) in Medan City based on the Medan City Land Transport Organization (Organda) noted that of the ten thousand angkot that previously operated in this city, now there are less than 5,000 units from around 30 companies (Sumut Pos Daily, January 20, 2018. Presence of online transportation applications have an impact on the existence of public transportation (angkot) in the city of Medan). According to the Chairman of the Medan City Organda, one of the reasons for the decline in the number of angkot is the presence of application-based transportation. Various transportation data can be found in Medan City official statistics, including road lengths, train passengers, etc. 5.1.16 Accessibility for Persons with Disabilities and Other Vulnerable Groups The AMDAL document also does not cover information on accessibility for persons with disabilities and other vulnerable groups. Community facilities and the mobility system should be accessible to all citizens, particularly people with reduced mobility such as people with disabilities, the elderly, pregnant women or parents with baby strollers, and people carrying groceries or packages. Issues faced by people with disabilities and other vulnerable groups in terms of access and their usage of public transport facilities and services may be improved by reviewing the current usage and issues experienced. There are several regulations and policies requiring consideration of public facilities’ accessibility for those with specific needs, such as people with disabilities and the elderly. These are intended to provide a clear vision and guidance as to how national and subnational bodies ought to conduct their activities whilst having regard for inclusive development. The first step in the implementation of national-level regulations and policies is typically through the enactment of mirroring local regulations. However, there are currently no local regulations on accessibility for persons with disabilities, both in the North Sumatra Province and Medan City. Although there is official data on the population of people with welfare issues, there is not yet any on persons with disabilities. 63 Medan—Preliminary ESIA for BRT Project For the development of the Mebidangro (Medan Metropolitan Area) sustainable urban mobility plan, an FGD was undertaken to explore the perspectives of vulnerable communities—including persons with disabilities, the elderly, and other transport- disadvantaged communities in Mebidangro. The FGD was attended by representatives from disabled-persons organizations (DPO) in North Sumatra and Medan: PPDI Sumatra Utara, PPDI Medan, and Gerkatin, other vulnerable group organizations focusing on the elderly (Indonesia Ramah Lansia), representatives from university as well as key government officials. The main takeaways from the FGD are: ● Consultation of vulnerable groups must be strengthened in public infrastructure planning. Participants consider their integration in the planning and design processes important, to make sure facilities will accommodate their needs, as for any other citizen. ● Disabilities are not taboo: vulnerable groups must be heard. A key point raised by participants is the need to put forward the topic of disability and reduced mobility: often considered a taboo, all communities should be aware of the minorities which have reduced mobility capacities or disabilities. These do not only concern government organizations, but all parties of the transportation landscape, including the citizens. Awareness to wider audiences is very important not only for people to be more aware of the challenges of vulnerable groups in the mobility in the city but also to maintain the functionality of the supporting infrastructure for the disabled, as highlighted below. ● Formal signage and information system for public transportation: a necessity brought up by elderlies and deaf communities, that would benefit all. They emphasize the lack of adequate signage and wayfinding measures in transportation facilities. Information is often informal and communicated by transportation workers in vehicles or at hubs: tariffs, schedules, routes, etc. This reflects the current informality observed across all transport modes, which is a clear obstacle for vulnerable groups to use public transit independently. ● The lack of transportation infrastructure is felt, and even more by vulnerable groups. The group expressed that transport in Mebidangro is still far behind in what is needed in terms of lines and accessibility, both for persons with disabilities as well as other communities. For example, bus shelters are difficult to access even for physically fit people, and signage is not readable for well-sighted persons. Government agencies admit that pedestrian facilities are unusable as-is by physically fit people, with trees and poles being obstacles. Traffic lights are short, which makes it challenging for people able to walk fast to cross a road. The coasting time of buses, trains, and 64 Medan—Preliminary ESIA for BRT Project minibuss is too short for access and egress, even for abled people. All the shortcomings of the Mebidangro public transportation are stressed and present higher constraints to the vulnerable groups. While some physical measures already exist (access ramps, guides, guiding blocks), they are not widely available and adequately maintained to a functioning level, and are often misused (storage, parking, etc.) due to a lack of knowledge and awareness from the wider public on the functionality of the respective measures. ● The SUMP can be used as a stepping stone towards a more inclusive and universal design. While North Sumatra agencies delegate the responsibility of physical measures planning and implementation to cities and regencies, the SUMP constitutes a stepping stone towards a more inclusive design of PT facilities carried by the province. 5.1.17 Townscape This assessment has not obtained detailed information on the townscape of Medan City in the AMDAL document. Detailed information on Medan City spatial planning and zoning should be obtained from the city government. 5.1.18 Cultural Heritage Cultural heritage provides continuity in tangible and intangible forms between the past, present, and future. Cultural heritage, in its manifestations, is important as a source of valuable scientific and historical information, as an economic and social asset for development, and as an integral part of people’s cultural identity and practice. Law No. 11 of 2010 on Cultural Heritage provides the legal basis for the preservation, management, development, and utilization of cultural heritage in Indonesia. This assessment has not obtained detailed information on cultural heritage sites in the AMDAL. 5.1.19 Indigenous Peoples The existence of indigenous peoples is recognized in the Constitution, namely in Article 18 and its explanatory memorandum. It states that in regulating a self-governing region and adat communities, the government needs to respect the ancestral rights of those territories. Indigenous people in Indonesia’s legal system was defined as customary communities (masyarakat hukum adat), of which must be legally acknowledged by the state to be able to claim the rights of indigenous people. After amendments, recognition of the existence of adat 65 Medan—Preliminary ESIA for BRT Project communities was provided in Article 18 B Para. 2 and Article 28 I Para. 3. Indonesia has not yet ratified ILO Convention 169 on Indigenous Peoples. The Medan Metropolitan is a heterogenous city, awakened by the Karonese people. However, the project will not affect/involve IP 5.1.20 Gender and Social Inclusion This assessment has not obtained information on gender and social inclusion in the AMDAL. The Gender Development Index (GDI) calculates the average of gender-based development achievements in three basic dimensions—life expectancy, level of participation in education, and level of participation in the workplace. The higher the index, the greater the equality between males and females. There is currently no available information on the GDI of Medan City. However, the city government is committed to improving gender inclusion in the city development through a Regulation of the Mayor No. 56 of 2018 on Guidelines for Implementing Gender Mainstreaming in The Development of The City. For the development of the Mebidangro (Medan Metropolitan Area) sustainable urban mobility plan, a workshop on gender issues has been conducted with around 20 participants representing government officials from provincial and city levels, community organizations concerning women and transportation, academics, and transport operators. The takeaways from this workshop are: ● Confirmation of the current patriarchal mindset and novelty of this consultation. Such consultation for the planning of public infrastructure was well-received by participants for whom it was new and encouraged in order to raise awareness about these issues. ● The level of comfort of public transportation is decreasing, and this is felt more by women. The current minibusses, which are highly used by women, are seen as degrading in quality and comfort. It is especially felt by women as they represent the majority of users, but also because of the downsides listed in the next paragraph (to which men are less receptive). ● Low road safety has forced women and children to use public transportation more, but it is still not adapted to their specific needs. Participants agree with findings and share empirical views on the usage of public transportation (minibus, bus, and rail) by children and women, who are often vulnerable to road traffic dangers. This creates 66 Medan—Preliminary ESIA for BRT Project fear in using private vehicles, especially for school children who are encouraged to use minibusses. ● Transportation facilities are not designed for women's needs, as users or stakeholders. The points above are highlighted by other academics who confirm the lack of facilities for hygienic women needs in the transportation systems—which in turn highly discourages women from applying to jobs (for example as bus drivers). This results in jobs oriented towards men and does not help overcome the social and economic gap between men and women in the region. ● Need to keep a constant effort to promote gender equality and safety in the public transport system. All participants agree on the need to keep capacity awareness efforts constant throughout the years, and not only in projects. This relay shall be taken by related authorities, for transportation but also the general urban space, until becoming fully part of the Mebidangro inhabitants and users’ culture for the long term. According to the Sexual Exploitation and Abuse/Sexual Harassment (SEA/SH) Risk Prevention and Management Action Plan, there is still a high prevalence of violence against women in the North Sumatra province. Imbalanced relationships, cultural constraints, and poor education about women's rights are among the factors that lead to the high number of cases of violence against women in the province. In the community, women are regarded as symbols of purity and honor, and as such any sexual abuse like rape could be regarded as 'ruining' those traits. Survivors are often blamed for bringing sexual abuse upon themselves. This is why women survivors often choose to remain silent. In addition, due to their lack of understanding about GBV, law enforcement officers handling the cases often end up re- victimizing survivors of violence. 5.1.21 Sexual Exploitation, Abuse & Harassment This assessment also has not obtained information on sexual exploitation, abuse & harassment in the AMDAL. However, there is a crime data in BPS's Medan Municipality in Figures, 2021, including cases of rape, kidnapping, and household violence. Below is the summary of the number of reported criminal cases by the subdistrict police offices in Medan, 2019‒2020. 67 Medan—Preliminary ESIA for BRT Project Table 18: Medan City Crime Statistics 2020 2019 Type of Crime Number of Crime Number of Crime Crimes Settlements Crimes Settlements Rape 89 53 98 58 Kidnapping of underaged girls 26 26 25 26 Murder 23 22 15 13 Severe assault 901 680 836 646 Minor assault 325 140 334 210 Theft 231 169 189 154 Incriminatory theft 1018 687 985 723 Robbery 272 195 294 213 Kidnapping 1 - 18 9 Household violence 159 177 208 197 Source: Medan Municipality in Figures, 2021 According to data from National Commission on Violence against Women (NCVAW), for three years (2018-2020), North Sumatra has been among the 10 provinces with the highest GBV prevalence in Indonesia. It ranked 9th with 499 cases in 2018, ranked 8th in 2019 with 443 cases, and ranked 7th in 2020 with 563 cases. In addition, there were over 2000 cases of violence against women and children in North Sumatra between 2018 and May 2020. 68 Medan—Preliminary ESIA for BRT Project Table 19: Violence Against Women and Children in North Sumatra Province 2018-2020 Year/Age Group No Form of Violence 2018 2019 2020 (Jan-May) 0-17 +18 0-17 +18 0-17 +18 931 440 636 294 179 71 1 Domestic violence 139 244 134 184 27 39 2 Physical abuse 256 236 178 168 50 32 3 Psychological abuse 162 139 106 78 40 16 4 Sexual abuse 559 68 412 51 103 11 5 Exploitation 21 7 9 2 1 0 6 Human trafficking 12 15 7 1 2 2 7 Neglect 135 86 91 56 21 16 8 Other 124 34 126 14 27 8 Source: North Sumatra Province Gender Profile From the table above, it can be seen that from 2018 to 2019 the most prevalent type of violence against children was sexual violence, whereas the most common form of violence against women (18+ years old) was domestic violence. According to data from the Office of Women Empowerment and Child Protection of North Sumatra, in 2019, the highest number of cases of violence occurred in the city of Medan (224 cases), followed by Deli Serdang District (193 cases). Most perpetrators were: parents (278 cases), unidentified perpetrators (242 cases); and spouses (230 cases). Most violence occurred in the domestic sphere. ▪ 5.3.11 Local Transport Angkot Drivers The Government of Indonesia, both at the national (Ministry of Transport) and local Transport Agency, regulates the operation of public transport provisions as stipulated in the Transport Minister’ Regulation No. 15 of 2019 on the Provision of Public Transport Services 8. The local Transport Agency (Dinas Perhubungan) must grant a permit for routes (Trayek) of the public 8 https://jdih.dephub.go.id/assets/uudocs/permen/2019/PM_15_TAHUN_2019_Update.pdf 69 Medan—Preliminary ESIA for BRT Project transport operators, and all fleets (‘Armada’) must be registered as an operator. As such, the market entry, bureaucracy and permitting- wise, is relatively high. In terms of monitoring and reinforcement, an annual registry-check (a reality check on database and on-site whether the routes are still active/ operating or already inactive) is conducted. At the street level, on-site police check to see if the fleets have permits as public transport operator are also regularly conducted in coordination with local traffic police officers. There are approximately 6500 units of angkot and (mini)buses in Medan, serving a total of 184 registered routes. However, based on the field survey in 2016, there were only 109 active routes. Existing public transports, Angkots, are an important mode of transport for low-income groups and also an important source of employment/ means of livelihoods. To be an Angkot driver, individual just required to have a driving licen se (called “SIM A”) for angkot/regular- vehicle under 3500kg gross weight9, and without requirement of educational background. Hence, Angkot operators provide a means of livelihoods to low-income households with relatively low educational attainments. All angkot owners are members of one of the angkot cooperatives/ operators. Each of the cooperatives has their own rules. Everyday, the angkot owners are required to pay route- administrative fee from IDR 25.000-30.000. Angkot drivers who do not own the vehicle are required to pay IDR 100.000-150.000/day to the angkot owners, depending on the route. In Medan, angkot drivers are usually also the owners of the fleet. The net daily income of angkot driver is approximately IDR. 30.000-60.000 (AMDAL, 2018). There are several angkot/ bus operators/ cooperatives/ companies in Medan include KPUM, Desa Maju, Hikma, Mars, Medan Bus, Mekar Jaya, Mitra, Morina, Nasional, Nitra, and RMC. There are at least three typologies of angkots-drivers10. First, regular drivers with no- ownership of vehicle. Majority of angkot drivers fall into this category. These types of drivers have to pay for the vehicle’ rent in daily basis to the vehicle owners. Regular drivers can be working under contractual arrangement with the operators, or they can be hired individually without clear contractual arrangement (informal mutual trust that the driver will pay the rent as agreed). Most regular drivers rent vehicles on a daily basis from vehicle owners, and each 9 https://dpmptsp.pemkomedan.go.id/dpmptspwebaplikasi/modules/persyaratan_peraturan_izin.php?id_kat_ download=1 requirements to register fleet as a public transport fleet in Medan: an identity card (KTP), driving license (SIM), the Tax-numbers (NPWP), and a referral letter of no record of drunk driving issued by the policy office. 10 In Indonesia, majority of angkot drivers are male. While the age group of angkot drivers are ranging from young adult (18 years old) to almost elderly (60 years), majority are male and graduated from primary, junior or senior high school (using proxy from Dishub Bandung data on driving licence issued for SIM A). 70 Medan—Preliminary ESIA for BRT Project driver retains his revenues and pays daily rental, fuel, administrative fees (legal and illegal) from them. The second arrangement is the substitute drivers. Substitute drivers did not work every day, instead they just work when being called to substitute the regular angkot drivers. Substitute drivers are mostly out of the radar as there are no clear arrangement nor data available on how many of them and their nature of work (i.e., do they have other job aside of substituting? It is still unknown systematically). Substitute drivers are usually hired/ phone- called by regular driver to fill in, and the retainment is based on social relationships, i.e., kindship, friends, neighbors, or someone the regular drivers/ operators know personally. Substitute drivers will pay vehicle rent, just like regular drivers, and did not necessarily attach to one operator nor one regular drivers. They are dynamics in nature and follow through opportunities day by day. Third type is driver-owner, which drives the angkot him/oneself that he/one owns. From on-site interviews/ brief survey in August and a follow up survey in December 2021 with a total of 12 drivers, and technical discussion with staffs of the Transport Agency of Bandung, driver-owner is relatively limited in numbers compared to the regular drivers, despite the exact number is unknown. Based on on-site interviews with seven angkot drivers during field visit in August 2021, angkot drivers in Medan work approximately 10-12 hours per day, 5-7 days in a week (field visit Medan report prepared by MoT). Meanwhile for substitute drivers (supir tembak), there is no clear working hours, and with variety range of working days, from half day (5-6 hours/ day) 2 days in week, to 9-11 hours per day, 3 days in a week. Substitute drivers has no clear contractual agreement with the regular driver nor with the operator. They will be contacted casually (by phone, a day or two days before) to cover for the regular driver, when he/one is not available for particular day. Similar to other cities in Indonesia, angkot operation in Medan experiences business decline as passengers opted to use other mode of transportation such as private vehicles, online transport operators (both motorcycle and 4-wheel vehicles), and DAMRI (public transport operates by state-owned enterprise). 71 Medan—Preliminary ESIA for BRT Project Figure 6. Angkot and main road in Medan11 Figure 7. Angkot in Medan o Conclusions Some important environmental and social baseline data has been established. However, most information, both in the environmental and social baselines, need to be updated. There is a few important information on environmental baseline missing in the AMDAL , including: 1) aquatic biota; 2) hazardous waste; and 3) GHG emissions. Meanwhile, most information on the social baseline is not yet included in the AMDAL, such as 4) access to employment, community facilities, education; 5) accessibility for persons with disabilities and other vulnerable groups; 6) townscape; 7) cultural heritage; 8) indigenous people; gender and social inclusion; and 9) sexual exploitation, abuse & harassment. The missing aspects will be included in the ANNEX III: TOR for Finalising ESIA. 11 Photos were retrieved from local newspaper, Radar Sumut (2019). 72 Medan—Preliminary ESIA for BRT Project 6 Potential Impacts Impact identification was conducted by taking an inventory of the various impacts that are expected to occur. This inventory was conducted by considering the activities’ stages, environmental conditions, and previous related studies. A survey done in December 2021 also provide insights to potential impacts based on observed conditions of surrounding areas of the BRT line. The report on the survey is included in Annex III. The activity components for construction and operation stages are presumed to be as shown below. Table 20: List of Development Phases Pre-Construction Phase Construction Phase Operation Phase ● Land clearing and field ● Construction permitting ● Operational manpower measurements ● Land preparation recruitment ● Manpower mobilization ● Operation of the ● Equipment and materials infrastructure and facilities mobilization ● Maintenance of the ● Construction of bus stations, infrastructure and facilities dedicated bus lanes, and supporting facilities The BRT development impacts will be identified according to environmental and social variables, as described below. Some cumulative impacts generated from several impacts will also be discussed in this chapter. o Potential Environmental Impacts Table 21 presents an overview of the types of potential environmental impacts that could result from the BRT upgrade works during each phase of the project. It serves as a preliminary screening of impact issues for each stage of activity and is a basis for further analysis, which also informs the GOI and WB as to what additional data and analyses are required. For full ESIA, methodology to assess the potential environmental impacts (minor, moderate), scale (local vs widespread) and time scale (temporary, long-term) should be improved to include quantitative assessment, professional judgement, Government of Indonesia Law no 32/2009 on Environmental Management 73 Medan—Preliminary ESIA for BRT Project Table 21: List of Environmental Aspects Affected in Each of the Project Phases Pre- Constructio Operation Environmental Aspects Constructio n Phase Phase n Phase Air quality v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts; ESS3 Resource Efficiency & Pollution Prevention & Management; ESS4 Community Health & Safety] Noise level v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts; ESS3 Resource Efficiency & Pollution Prevention & Management; ESS4 Community Health & Safety] Groundwater v [ESS3 Resource Efficiency & Pollution Prevention & Management] Surface water v v [ESS3 Resource Efficiency & Pollution Prevention & Management] Hydrology v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts); Biodiversity (including Vegetation) v v [ESS6 Biodiversity Conservation & Sustainable Management of Living Natural Resources] Urban landscape v v [ESS6 Biodiversity Conservation & Sustainable Management of Living Natural Resources] Waste management v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts; ESS3 Resource Efficiency & Pollution Prevention & Management; Resource efficiency v v [ESS3 Resource Efficiency & Pollution Prevention & Management] Utilities and infrastructure v v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts; ESS4 Community Health & Safety; GHG v v v 74 Medan—Preliminary ESIA for BRT Project [ESS3 Resource Efficiency & Pollution Prevention & Management; ESS4 Community Health & Safety] 75 Medan—Preliminary ESIA for BRT Project Table 22: Environmental Risk Matrix for Medan BRT Development Description of Identified Risks and Potential Impacts Environmental Aspects Pre- Construction Construction Phase Operation Phase Phase Air quality Minor and temporary impacts will occur on local air quality The operation of transportation modes is expected to generate a during construction. Ambient air quality might be worsened by reduction in air pollutant emissions; since it is expected that many construction equipment and heavy machinery for the track's people will switch to using mass transportation, thereby reducing work. Dust from powered mechanical equipment, mobilizing private vehicles usage and traffic congestion which is based on fossil heavy equipment and transporting materials from the stock fuel consumption. yard/base camp to construction sites, and road recondition using concrete supplies crushed rock and asphalt. Fumes from BRT maintenance activity centralized at depots will affect the asphalt chemicals such as phenol compounds from bitumen environment. Painting activity will affect air quality due to the could cause breathing issues. solvent used and volatile organic compounds that will be emitted into the air. The use of machines during the construction phase such as generators, backhoes, trucks, cars, motorcycles, etc. will emit air pollutants (i.e. NOx, SO2, PM, CO). Earth surface disturbance activity will likely emit particulates (PM10) which may affect the local visibility and health. Noise level Minor and temporary impacts will occur during construction. The operation of transportation modes will generate increased Increased noise level due to the operation of equipment and noise levels in the surrounding area. heavy machinery, for road cutting, excavation, demolition of permanent structures along the route, and as pylons for Shifting from private transport to BRT will affect the noise level stations are drilled into the ground, will cause noise pollution (reduce) in the areas along the BRT routes due to the changes in around the project location. fleet distribution. 76 Medan—Preliminary ESIA for BRT Project The BRT noise might affect nearby schools, hospitals, and mosques. The source of noise will mainly come from heavy vehicles activity and machines equipment due construction of BRT station near school (UISU, university, and masjid Jami). Groundwater Temporary pumping of groundwater and/or large-scale open- cut by the construction activities (especially at the locations of underground line/station/piling required for elevated structures), may result in a lowering of the groundwater table that may disturb the domestic usage of groundwater and/or may lead to land subsidence and local flooding. Surface water Land preparation and construction activities will generate The operational activities of the transportation modes could sedimentation due to the run-off (particularly during the rainy generate surface water degradation, particularly that caused by oil season) that could carry out soil particles to the surface water or other material spills. around the project location. BRT maintenance activity centralized at depots will affect the The design of the station (Belawan and Lapangan Merdeka, environment. Engine tune-ups will generate lube oil waste which is etc) and BRT corridors should consider for the flood-prone considered to be a hazardous waste material Including oil and areas/points therefore necessary street inlet and drainage battery waste (B3). system improvement will be needed. BRT maintenance activity centralized at depots will affect the environment. BRT bus cleaning will generate wastewater that needs The sensitive receptors of soil erosion and runoff are to be treated before discharge to the nearby watercourse. waterways, drainage, etc. However, since Medan has highly It can affect the native animal and aquatic biota when the polluted waterways due to limited coverage of wastewater wastewater is being discharged to a water body. treatment plants, where the rivers become open sewers of grey and black water (wastewater from toilets), sensitive receptors are not expected, except potentially, organism. 77 Medan—Preliminary ESIA for BRT Project Surface run-off due to more cemented infrastructure and roofed platforms could increase flooding in neighborhood areas (during the rainy season) and need to be drained to nearby street inlets or the primary drainage system. Biodiversity The route only crosses modified urban areas. However, given Enhancements of plants and greening activities around major (including that in most roads of the planned BRT corridor trees are stations. Vegetation) growing, some urban flora and fauna will be lost during the The evaluation will include off-site impacts of quarries and project. construction material sources, as identified under ESS3. Nothing that cutting one tree will require planting a minimum of five trees. Loss of trees along median & road side for station location at Jl.Guru Patimpus, Jl. Perdagangan, UNPAB and Simpang Lalang. Based on evaluation of the information above, it can be stated that there will be negligible impacts on biodiversity. The ESIAs/ESMPs will propose standard mitigation measures related to the indirect impacts on critical habitats and protected areas, if relevant. The vegetation loss around the location will cause degradation to the environmental aesthetic. Urban The existing urban landscape of Medan will be changed whilst The existing urban landscape of Medan will be changed with the landscape the urban transport system is being constructed with large introduction of infrastructure such as BRT stations. construction vehicles and construction hoarding. Waste The construction processes generate a significant volume of Waste generated by passengers and workers during BRT operations management construction waste (such as soil, asphalt, and rocks due to (at the bus and the stations). road-cutting concrete debris); which will need to be disposed of in line with national regulations. Material packaging waste will have some impact on the environment. 78 Medan—Preliminary ESIA for BRT Project Resource The BRT system will require large amounts of materials such as efficiency cement, steel, rock-based materials, and asphalt will be necessary. Oil and other hazardous materials releases. The presence of oil products and other hazardous materials is expected in station & pedestrian construction. Maintenance of equipment at base camp, including fuel oil grease paints, and solvents. These materials are associated with the operation of construction heavy equipment and vehicles and various construction activities. Some of these materials may accidentally be released into the environment. Some amounts of electricity needed for the construction and operation of the BRT might impact the local electricity distribution networks. Risk of impact to and/or required relocation of existing utilities such as water Utilities and supply, electricity lines, fiber network, street lighting, traffic control, infrastructure communication cables, electricity supply, water lines, and sewage systems. Flood risk during construction phase caused by changes to Flood risk: the level of the BRT corridor will be higher than the existing stormwater drainage systems near the BRT stations. existing road. Excavation and drilling activities might further influence the urban water drainages. Some amounts of electricity needed for the construction and operation of the BRT might impact the local electricity distribution networks. GHG The use of machines during the construction phase such as Type of technology will determine energy consumption and GHG generators, backhoes, etc. will emit greenhouse gases (i.e. CO2, emissions. Buses could produce more or less GHG depending on the 79 Medan—Preliminary ESIA for BRT Project N2O, and CH4). technology. During the design and construction phases, climate change considerations could be incorporated in flood risk prevention The BRT operation is expected to reduce GHG emissions; since it is to be more resilient to Climate Change. Those considerations expected that many people will switch to using mass transportation, include a wider drainage dimension, addressing safety thereby reducing private vehicle usages and traffic congestion concerns such as prevention of electric shock during flooding, which is based on fossil fuel consumption. and the potential GHG calculation emitted from equipment during construction – this was done during MRT construction The BRT system will run more efficiently than conventional public in Jakarta by JICA. transport and reduce traffic congestion. Therefore, GHG emissions will be reduced due to reduced fossil fuels used. Source: Authors’ estimation 80 Medan—Preliminary ESIA for BRT Project o Potential Social Impacts Table 23 presents an overview of the types of potential social impacts that could result from the BRT upgrade works during each phase of the project. It serves as a preliminary screening of impact issues for each stage of activity and is a basis for further analysis, which also informs the GOI and WB as to what additional data and analyses are required. 81 Medan—Preliminary ESIA for BRT Project Table 23: List of Social Aspects Affected in Each of the Project Phases Pre- Construction Operation Social Aspects Construction Phase Phase Phase Community health and safety v v v [ESS4 Community Health & Safety] Occupational health and safety v v [ESS2 Labor & Working Conditions; ESS4 Community Health & Safety] Impact on livelihoods v v v [ESS1 Assessment & Management of Environmental & Social Risks & Impacts; ESS2 Labor & Working Conditions; ESS5 Land Acquisition, Restrictions on Land Use & Involuntary Resettlement; ESS10 Stakeholder Engagement & Information Disclosure] Land acquisition and involuntary resettlement v [ESS5 Land Acquisition, Restrictions on Land Use & Involuntary Resettlement; ESS7 Indigenous People] The land acquisition is very minor; will not involve involuntary resettlement; and will not impact to IP Influx of workers v v v [ESS2 labor & Working Conditions] Cultural heritage v v [ESS8 Cultural Heritage] Gender and disability v v v [ESS4 Community Health & Safety] Sexual Exploitation, Abuse & Harassment (SEAH) v v v [ESS2 labor & Working Conditions; ESS4 Community Health & Safety; ESS10 Stakeholder Engagement & Information Disclosure] Traffic v v [ESS4 Community Health & Safety] The elaboration of potential social impacts identified can be seen in the table below. However, the impacts’ significance will vary, depending on what final route will be chosen. 82 Medan—Preliminary ESIA for BRT Project Table 24: Social Risk Matrix for Bandung BRT Development Description of Identified Risks and Potential Impacts Social Components Pre-Construction Phase Construction Phase Operation Phase Community health Depending on the design community Community health risks relating to traffic accidents and increased dust, air, water inundation related to the and safety will be more or less affected. drainage damage; project waste, included chemical waste/battery; damages of : clean water pipeline, community structure, internet/electricity cable, and noise pollution during construction and operation. Construction will temporarily cause disturbances Health and safety risks from the coronavirus disease regarding noise, air pollution, and dust coming (COVID-19) pandemic can cause an additional burden from the construction will affect business owners, to public transportation users. residents, and public facilities. Further, some short-term utility service disruptions can be expected. The construction involves heavy equipment and The new public transport will have a positive impact on working at heights and electricity, which may the mobility of people; reduce travel time and upgrade introduce some safety risks to nearby public or the safety of current public transport. Further, the residents/businesses (temporarily). OHS risks may safer and more orderly loading and unloading system occur—e.g., the material might fall from the will increase the mobility of women in the city. construction site onto public areas/roads. The labor influx implication could increase the risk of incidents of sexual activity between workers and BRT operation will improve access to basic social the nearby community. This could potentially services (e.g. health or educational facilities), also the increase the risk of Gender Based Violence (GBV) changes in personal safety, and security for the users, and violence against children (VAC). as well as in the users’ behavior and attitude toward public transport. 83 Medan—Preliminary ESIA for BRT Project The reduced travel time and cheaper transport fares will have a positive impact on the citizens of the regions. The BRT might pose a safety risk in earthquake and flood-prone regions. Earthquake and flooding events have been recorded in the proposed project area. Thus, the BRT system might face endurance challenges and thus face a safety risk to the public who will use it. Labor and working Health and safety risks from the coronavirus disease (COVID-19) pandemic can cause an additional burden conditions (including to all stakeholders (e.g.: workers, local communities, employers, etc). occupational health and safety) Construction and operation involve heavy equipment, heavy materials, and working at heights and with electricity, which may introduce some safety risks to workers and nearby public or residents/businesses (temporarily). The BRT might pose a safety risk in earthquake and flood-prone regions. Earthquake and flooding events have been recorded in the proposed project area. Thus, the BRT system might face endurance challenges and thus face a safety risk for construction and operational workers. Possibly inappropriate hiring process risk, unfair working terms, and child and forced labor. Impact on Selection of routes may be considered Businesses, restaurants, and services will Local transport (angkot) drivers and Angkot owners livelihoods unfair, politically motivated, or favor experience economic impacts (e.g.: loss of business will lose business once the new transport facility is in only certain groups. or clients) due to reduced access. Access to place and thus might oppose the construction plans. businesses, offices and residentials will also be However, such impact may vary depends on the BRT impacted, particularly around Jl. Wilem Iskandar, routes overlap, so the existing routes can be either Pasar Limun, Simpang Lalang, Jl.Pancing, UNIMED, cancelled, modified, or maintained – and thus impact and Jl. Hanafiah Belawan. The construction sites on angkot drivers may varied. Please see ANNEX I: 84 Medan—Preliminary ESIA for BRT Project may also temporarily or permanently disturb or Preliminary Social Economic Impact on even displace existing street vendors and street Angkot Drivers for more detailed elaboration. parking. BRT operations might create displacement of paratransit workers, such as Angkot, Grab/Gojek and taxi drivers, or the demand reduction of paratransit modes which can threaten livelihoods. Conflicts/disagreements with those businesses far away from built transport systems who may lose business once the new rapid transport systems are in place. From a car-users perspective, the BRT operation will increase their travel time as the bus and the stations will reduce road capacity compete to utilize the lanes. Increase in crime and violence due to increase in the number of visitors. Construction will temporarily cause disturbances Changes in land use or property prices might happen. regarding noise, air pollution, and dust coming Gentrification may make break down community from the construction will affect business owners. cohesion. Increase income for businesses nearby the construction sites/BRT stations, such as warung (food stalls) and kos (rental rooms). Job opportunities for local laborers, such as construction workers and the employees of the BRT entities (e.g. drivers, maintenance, or management employees). 85 Medan—Preliminary ESIA for BRT Project Land acquisition and Land acquisition for BRT construction There may also be temporary loss of land for involuntary and operation activities will have a temporary work stations storage of equipment and resettlement negative socio-economic impact on material construction. residents, including the loss of their homes, business premises, and assets and/or sources of livelihood. In addition, other potential impacts include disruption of customer access to shops, restaurants, residences, and offices due to land acquisition for BRT Stations, especially stations that are very close to residents' buildings/assets, including on Jl. Ahmad Yani, Jl. Pemuda, Jl. Pandu, and Jl. Cirebon. Land requirements for BRT development include the potential for land acquisition in the planned construction sites of depots and stations that may require land outside the road/terminal. Land requirements for depots and stations are around 100,000 m2 and 16 sites of stations (7,519.90 m2), respectively. The depot will utilize Terminal Pinang Baris (3,9 Ha) and Amplas (2,1 Ha). Loss of assets of PAP due to land use for Terminal or Depot are located in Belawan, Tembung, Tuntungan, and Percut Sei 86 Medan—Preliminary ESIA for BRT Project Tuan. To complete the project on time, it is very important to resolve the issue of land acquisition and the project affected persons (PAPs) as a result of the preparation, construction, and operation of the BRT. The land acquisition process will be implemented in accordance with the World Bank's ESS5 standards and the prevailing laws and regulations in Indonesia, as stated in the ESMF document. Land acquisition for the station will be arranged in such a way as to minimize PAPs. Influx of workers Job opportunities and local labor impacts. Given the total length of the BRT upgrade of 18km, approximately 574 workers might be needed for the construction and approximately 291 staff (permanent/under contract arrangements) for the operation might be needed.12 The availability of labor with suitable expertise will be available in 12 ANDAL assessment in Medan found that 574 workers for the construction and 291 workers for the operation were needed for 18.3 km. As additional reference, as calculated on initial AMDAL and cited on Preliminary ESIA Bandung, a 23 km of route of BRT Bandung Metropolitan will require approximately 721 workers. 87 Medan—Preliminary ESIA for BRT Project local universities or in Indonesia and the population size and accommodation opportunities of the cities can absorb the temporary workforce. During the construction and operation phases workers often come from outside the project area. It may increase competition for use of community infrastructure, facilities, and services. GESI assessment identified that the project might have a large influx of workers that may increase the demand for sex work, however, given the project baseline provided here, this is considered unlikely (discussed further in the 3.2.10 on SEAH). Cultural heritage Risk of damage to heritage buildings, especially Long-term impact on the visual amenity of the heritage around Lapangan Merdeka where there are several buildings. identified heritage buildings. Changes in the overall visual impression and atmosphere. Access to heritage buildings may be restricted During operations, access to historical areas may be during the construction period. improved and facilitate tourism and local business revenues. Indigenous Peoples There are no indigenous peoples’ settlements near the planned BRT routes, as the identified indigenous villages lie outside o f the project area. Gender and disability Women could be excluded from the new public transport if entry is difficult or the areas for waiting are crowded and do not provide appropriate facilities. 88 Medan—Preliminary ESIA for BRT Project The inaccessible facilities might challenge people with specific needs (e.g: pregnant women, people with disabilities, the elderly). Disabled people might not be able to access the BRT due to difficult entry and exit modes and terminals. Inclusive stakeholder consultations during all project stages. 89 Medan—Preliminary ESIA for BRT Project Sexual exploitation, abuse & harassment (SEAH) GESI/SEAH assessment identified that the Women might not feel safe using the BRT due to project might have a large influx of workers that inadequate lighting or the lack of separate toilet may increase the demand for sex work. The risk facilities. of incidents of sexual activity between workers and nearby communities could be increased. Traffic Activities during the construction phase will The operation of mass transportation has the generate an increase in traffic volume from potential to generate traffic disruption around construction vehicles and construction workers, stations with an accumulation of passengers which may cause an increase in traffic disembarking from the modes and impacting congestion. surrounding streets. Also, they fight over the lane among vehicles including BRT bus The operation of mass transportation may lead to an increase in public transport modal share and therefore a decrease in the use of private vehicles (cars and motorbikes) thereby resulting in a reduction of traffic on the roads. Source: Authors’ estimations; GIZ (2020) 90 Medan—Preliminary ESIA for BRT Project 7 Specific Analyses Economic displacement Based on existing routes and bus depot plan, the project anticipates a low to moderate risk of economic displacement for small business owners, street vendors and street parking lots associated with BRT construction. This is partially because first, the designs will be adjusted to minimize such impacts, and second, BRT infrastructure will mostly be built within the existing roads and only in several spots along the routes will housing and commercial structures be affected and private lands be acquired. As for mobile street vendors and parking, alternative locations will be identified by Bandung subnational government and allocated to them through participatory processes when detailed designs are prepared and which vendors need to be moved become known. Temporary access will be installed during construction to minimize disruption in business. Risk of gentrification The risk of gentrification is relatively low as the area along the BRT routes are mostly occupied by established, large to medium-scale businesses or public service/ government offices or facilities such as hospitals and schools. Private entities along the route may benefit from an increase in land value but will unlikely face risk of eviction without due compensation. No low-income residential structures or commercial entities are observed in the immediate neighborhood of new BRT line. o Land Acquisition and Resettlement (ESS5) Project-related land acquisition may cause physical displacement (relocation, loss of residential land, or loss of shelter) and or economic displacement (loss of land, assets, or access to assets, leading to loss of income sources, or other means of livelihood). This standard includes provisions for ‘involuntary resettlement’ where the affected communities do not have the right to refuse land acquisition, and provides for restriction on land uses that result in either physical or economic displacement. Law No.2 of 2012 monitored by BPN states that if development is of public interest the party entitled to the land must release it after compensation that will be at full replacement cost in line with the ESS5. Government Regulation No. 19 of 2021 provides detailed procedures. A bus corridor is not as infrastructure-heavy as an LRT, but still, it needs space to accommodate the bus lanes, plus space for the stations (see a modeling example below). It has been stated that the government will provide the land to the private entity for depots and to run the terminals (Factsheet Medan 2016). However, the locations of the depots for 91 Medan—Preliminary ESIA for BRT Project the buses are not identified yet and depending on the land status, acquisition may be required. Minimum land acquisition is needed (up to 20 households). Only on some narrow road segments, and there do not appear to be densely or highly populated. Photo 3: Picture of the street in front of Masjid Raya Photo 4: Picture of the street in front of Masjid Raya with the planned BRT station The existing Trans Mebidang and Trans Metro Deli partially run on the same route, and no land acquisition was made as far as I know. Below we point out a small road segment (no.4) that will require more land to facilitate the bus. It almost seems unreasonable to drive the bus there. Another option is to reroute. It can follow the Trans Mebidang route to reach Merdeka Square. The question of depot is still open and should be addressed as soon as possible, as land acquisition and resettlement may be required at the selected depot site. Depots: Based on the draft ESMF discussion with relevant agencies in North Sumatra and Medan City, to avoid Land Acquisition, the Local Government is preferring to Utilize Terminal Pinang Baris (3,9 Ha) and Terminal Amplas (2,1 Ha) as BRT Depot, it makes sense because The AKAP buses are not utilizing terminal for passenger loading/unloading, Terminal Pinang Baris and Amplas are only serving about 30-35 unit of buses/day. Route: The proposed BRT is to start from Terminal Amplas and go northwest to Terminal Pinang Baris. The BRT line will follow from Terminal Amplas to Jalan Sisingamaraja, as shown in Photo 5. The intersection between Amplas Terminal and Jalan Sisingamaraja needs to be investigated at a later stage in order to meet technical requirements. 92 Medan—Preliminary ESIA for BRT Project The tract and infrastructure will be extended whenever possible to existing terminals at each end of the corridor, as shown in Photo 5 below. Photo 5: BRT route complete Splitting of the track: Along Jalan Sisingamaraja - Jalan Mesjid Raya - Jalan B. Katamso - Jalan Pemuda - Jalan A. Yani - Jalan Balai Kota - Jalan Guru Patimpus - Jalan Gatot Subroto. 93 Medan—Preliminary ESIA for BRT Project Figure 8: One-way BRT route For the opposite direction, the BRT runs to the south on a different road due to 1-way traffic management, namely from Jalan Gatot Subroto - Jalan Maulana Lubis - Jalan Balai Kota - Lapangan Merdeka - Jalan Stasiun - Jalan A. Yani and heads south rejoining the previous north line. 94 Medan—Preliminary ESIA for BRT Project Figure 9: Second BRT route (opposite direction) Jalan Sisingamangaraja currently is a two-way street with 3 (three) lanes in each direction, and median width of 0.5 to 2.0 m. The land uses along the road are small commercial areas, residentials, schools, places of worship, car showrooms, and bus operator offices. This road seems wide enough to accommodate the BRT. Jalan Kereta Api has 2 (two) to 3 (three) lanes whose widths are deemed inadequate for BRT lines. One solution so that the BRT lines can be implemented properly, is for both the north 95 Medan—Preliminary ESIA for BRT Project and south BRT directions from Merdeka Square using the Jalan Balai Kota to the south to Jalan Mesjid Raya. The road between Merdeka Square and Jalan Palang Merah is considered too narrow so it needs traffic management in that section (see red circle in Figure 3 above). The road is narrow, and occasionally cars are found parking on the shoulder. Traffic management could be sufficient to facilitate the bus, but should not make a dedicated bus lane on this segment. It may cause more congestion and necessitate significant land acquisition. The terminals seem to be on government-owned land which is adequate in area, so that buses can also be stored or parked there. Photo 6: Terminal Pinang Baris Photo 7: Terminal Terpadu Amplas Given the range of issues identified above, the following are some suggestions for actions to anticipate, avoid or mitigate these as part of project preparation and/or as part of the commitments for the implementation of the project: Resettlement Planning ● Based on fast observation there are about 15 street vendors in the 2 terminals (Amplas 14 persons and Pinang Baris (1 person) ● The groups of affected parties should be formed and consulted with reasonable time for decision making and due mechanisms for grievance redress (more elaboration see ESS10). Particular attention is needed to ensure that women are represented in the consultations and negotiations for any land acquisition and economic displacement mitigation agreements. ● Preparation of land acquisition and resettlement action plan (LARAP), if applicable. 96 Medan—Preliminary ESIA for BRT Project 7.1.1 Heritage Analysis Cultural heritage provides continuity in tangible and intangible forms between the past, present, and future. Cultural heritage, in its manifestations, is important as a source of valuable scientific and historical information, as an economic and social asset for development, and as an integral part of people’s cultural identity and practice. One of the BRT corridor stations planned is at Lapangan Merdeka, which is a busy entertainment district with historic buildings, hotels, and a public park. The Old City Hall is directly on the BRT corridor route. Also, some heritage buildings exist along the planned BRT route, especially going South from Lapangan Merdeka, namely the Tower, Sri Deli Park, Tomb of Heroes Garden, and Raya Masjid. To the north, there are some monuments and Bundaran SIB/Majestik, Sumut Fair, and Hall Soldier Military District that lie directly on the planned BRT corridor route. Besides the potential damage and influence on access and usage of these sites during the construction there will also be a potentially negative visual impact through the operation of the BRT. Photo 8: (top left) Sri Deli Park Photo 9: (top right) The Water Tower Photo 10: (bottom left) Raya Masjid Photo 11: (bottom right) Bundara SIB/Majestik 97 Medan—Preliminary ESIA for BRT Project For the impacts and risks related to the cultural heritage for the BRT corridor, the following mitigation measures should be considered: ● Project design and planning The cultural heritage value of Lapangan Merdeka should be preserved. Currently, the Medan citizens are registering Lapangan Merdeka to the government as cultural heritage. Therefore, the to-be-formed Working Group will need to consult with key stakeholders in the heritage area and the tourism agency to determine an acceptable route and aspects that affect the visual impression of the area for the long term. Based on that, a plan for how to construct with minimal impact can be developed. Possibly, special architecture for the stations that could resemble the historical buildings could be a way to mitigate the negative visual impact and even turn it into a positive asset for the area, for example, encouraging tourism and recreational visitors; ● Stakeholder consultation/engagement Engagement with the agency responsible for cultural heritage preservation and with local experts from Medan regarding the final identification of heritage buildings and discussion on mitigations for impacts in the relevant areas (ESS10) will be key to handling impacts. The borrower might be asked to include a cultural heritage management plan to ensure proper treatment of any sites are near the new BRT corridor; and ● Excavations—chance finds The potential for an encounter of unknown cultural heritage during the construction stage, in particular excavation activities, is considered minor however a chance finds procedure should be developed and conveyed to stakeholders, especially to contractors for the project construction stage, to guide the handling of any potential heritage objects or remains found during excavation. o Cumulative Impacts Some cumulative impacts can be drawn from accumulative of several impacts identified above (including cross-cutting impacts from environmental and social aspects) or from other transportation projects that will be implemented in parallel, as Medan also plans for LRT development. The overlapping routes of these two systems can escalate both environmental and social impacts. The main cumulative impacts steams from environmental aspects, particularly during construction and operation are related to the potential decrease of air 98 Medan—Preliminary ESIA for BRT Project quality, increase of noise and traffic congestion, all these potential negative impacts will lead to social unrest, indicative mitigation measures are provided di the table below and it needs to be detailed in ESIA. A separate cumulative impact assessment study should be carried out to ensure proper (and probably legally binding) mitigation measures will be implemented. Further details on the potential cumulative impacts are included in Annex IX: Potential Cumulative Impact in the Project Implementation Stage (on Cumulative Impact Assessment). Below are some cumulative impacts identified for further assessment in the Addendum/Supplement AMDAL (ESIA). 7.1.2 Climate Change Climate Change has two sides of the coin, mitigation and adaptation sides. Mitigation-wise, the operation of the BRT system will reduce Medan's carbon footprint from the transportation sector since it is expected to increase the use of public transport and reduce private vehicle usages and traffic congestion based on fossil fuel consumption. A more integrated public transportation (the existing angkot/buses/taxis and the planned BRT and LRT system) will be the key to maximizing public transport and mitigating GHG emissions. On the other hand, the accumulated GHG emissions from the combustion of cars (and other fossil-fuelled combustions) all around the world can cause climate change and affect all cities globally, unexceptionally Medan. One of the climate change impacts is an intensification of extreme precipitation and flood that also affect Medan significantly13. This condition can affect transportation systems, including the BRT operation. 7.1.3 Better Access to Economic, Social, and Education Facilities From public discussions in the past, the local government explained that they opted to develop the BRT line on arterial roads, which are wider with the heaviest traffic. The BRT operation could potentially enhance public access to economic, social, and education facilities. Various people would benefit from the improved public transportation system, as 90% of the buildings along the Medan BRT line are commercial buildings, consisting of shophouses, restaurants, and offices. The residential areas are located ‘behind’ these land uses through an access road called the collector road (see figure below). Moreover, the passengers would travel in a shorter time and at a cheaper cost. At the same time, the local 13 http://floodlist.com/asia/indonesia-floods-bandung-march-2021 99 Medan—Preliminary ESIA for BRT Project businesses, such as warung, kos, stores, near bus stations would get more potential customers from the increased ridership of the bus. Figure 10: Medan BRT Line Note: Along the BRT line, except for the area in the vicinity of the city center (Merdeka square, etc.), all are similar. In the picture, grey polygons illustrate where the residential areas are. 7.1.4 Traffic Congestion due to Parallel Running Transport Projects Possibly during construction traffic congestion might be exacerbated if two mass transport construction phases are run in parallel (LRT & BRT). 7.1.5 Potential impacts on Angkot driversEconomic Impacts for Transport Drivers It is expected that 35 existing angkot routes would be impacted by the BRT operation with total of estimated 2298 angkot operators including drivers, ticketing, timers and maintenance staffs. In Medan, one fleet is commonly owned and used by one angkot driver (so, majority of the drivers are also the owners of the fleets). The impact of the BRT operation on the job of angkot operators will depend on the overlap with the BRP line to be constructed – those angkot routes that significantly overlap with the BRP line will likely be cancelled, while those routes with smaller overlap will only be shortened, modified into feeder routes, or maintained, depending on the degree or overlap. 100 Medan—Preliminary ESIA for BRT Project Under this preliminary assessment, potential job impact on routes with 60% or higher overlap with the proposed BRT lines was assessed, because they have a higher chance of routes cancellation or modification. It is assumed that routes with 80% or higher overlap will be cancelled, leading to a job loss of angkot operators working on these routes, while routes with 60-80% overlap will see a loss of 50% of angkot operation jobs. This is a conservative assumption since it is expected that, based on the experience in other cities, 30-50% of angkot jobs would be lost with 60-80% overlap. Job impact of routes with smaller overlap was not assessed under this preliminary stage because the exact impact will depend on whether such routes will be modified or cancelled, and if the former, on how they will be modified. Project impact on the job of angkot operators will be more thoroughly assessed when the decision is expected to be made on which angkot routes would be cancelled, modified or maintained in February, 2022, based on the detailed technical and demand assessment. As Table 25 shows, it is expected that the BRT construction will affect the job of approximately 1,832 angkot drivers in Medan because angkot fleets in Medan are typically owned and operated by the same persons. As for support staff, like ticketing person, timers, and maintenance workers, the ‘ratio/ factor’ is applied to estimate the number of support staff per an angkot vehicle who may be affected. For instance, the ratio of 0.2 for maintenance referring to 1 individual worker maintaining five fleets. The similar ratio is applied to Timers and Ticketing staffs. Under this calculation, approximately 2,298 workers will be affected by BRT operation in Medan. This calculation is done under assumption of no mitigation measure in place. It is noteworthy that the actual number of angkot operators who will lose job will be smaller depending on how many routes are maintained and how many routes are modified under the 60-80% impact category, and on the way routes are modified. At the same time, income of angkot operators may decline even where jobs are maintained due to a higher competition among angkot operators and against the BRT. Table 25. Preliminary calculation of potentially impacted workers Impact Total Fleet 5137 Number of fleet impacted in 60% and greater overlapp with BRT 1832 101 Medan—Preliminary ESIA for BRT Project Number of routes impacted over 80% overlap 10 Number of routes impacted 60%-80 overlap 35 Drivers+ticketing satff impacted (per fleet) 1869 Maintenance staff (per fleet) 374 Timers (per affected route) 55 Total number pf workers to be impacted 2298 NB: a factor of 1.02, 0.2 and 2 are applied to Drivers+ticketing staff, Maintenance staff and Timers, respectively. Detailed analysis of preliminary socia-economic impact on angkot drivers can be found in ANNEX I: Preliminary Social Economic Impact on Angkot Drivers. This includes potential impacts, impacts on angkort drivers on similar project (bus rapid transit in other cities in Indonesia), previous engagement with the potentially affected angkot drivers, associations, and operators to date, and potential mitigation measures. 7.1.6 Broader Gender Impacts The project might have a large influx of workers that may increase the demand for sex work. The risk of incidents of sexual activity between workers and nearby communities could be increased—e.g. the risk of forced early marriage in a community where marriage to an employed man is seen as the best livelihood strategy for an adolescent girl. This influx of worker effects might escalate when both BRT and LRT projects are constructed at the same time. 102 Medan—Preliminary ESIA for BRT Project 8 Environmental and Social Impact Mitigation Approach As an overall approach, the design of the project should avoid or prevent impacts; for impacts that are anticipated or that result from project activities, there are formal steps and substantive actions outlined in this section to manage and mitigate such risks. In addition to this impact prevention approach through project design of beneficial activities, mitigating the potentially significant adverse impacts arising from project activities could be done through a range of strategies, which are to be developed in detail through consultation with affected stakeholders, as part of, and after, the AMDAL/ESIA14. The Environmental and Social Management Plan (ESMP) is the main mechanism for E&S management and mitigation during the construction and operations of the BRT Bandung. The purpose of the ESMP is to guide the implementation of mitigation measures and monitoring requirements identified through the final ESIA which complies with the World Bank Environmental and Social Standards (ESS1 – ESS10) of the Environmental and Social Framework. This chapter discusses indicative management or mitigation efforts that can be carried out to minimise and prevent impacts that will be identified in the ESIA document. Mitigation strategies suggested in this section should be detailed in the ESMP document (Environmental and Social Management Plan). There are several sub-plans to deliver specific environmental and social management activities. The ESMP document will, at minimum, include details regarding the following: ● Roles and responsibilities of parties involved in the project. ● Important environmental and social risks. ● Mitigation, management, and monitoring of all key risks during the activity phase of BRT Bandung. ● Report responsibilities and methods. ● ESMP updating process. o Possible Mitigation Actions for the Environmental Impacts As an overall approach, the design of the project should avoid or prevent impacts; for impacts that are anticipated or that result from project activities, there are formal steps and 14 Suggested ESIA TOR can be seen in Annex 2 103 Medan—Preliminary ESIA for BRT Project substantive actions outlined in this section to manage and mitigate such risks. In addition to this impact prevention approach through project design of beneficial activities, mitigating the potentially significant adverse impacts arising from project activities could be done through a range of strategies, which are to be developed in detail through consultation with affected stakeholders, as part of, and after, the Addendum/Supplement AMDAL (ESIA)15. Based on the identified impacts in every environmental aspect, some mitigation and management measures are proposed in Table 25, to be considered and detailed further during the ESIA development. 15 Suggested TOR for ESIA can be seen in Annex 1 104 Medan—Preliminary ESIA for BRT Project Table 27: Environmental Risks and Possible Mitigation Actions Environmental Description of Identified Risks and Phase Recommended Mitigation and Management Measures Components Potential Impacts Air quality Minor and temporary impacts will occur Construction ESIA includes a baseline of air quality and during construction, it needs to be on local air quality during construction. monitored that the increase of air pollution remains below the NAAQS. Ambient air quality might be worsened by construction equipment and heavy Implementation of dust mitigation measures such as covering construction areas machinery for the track's work. Dust from and stockpiles to minimize the dust distribution to the surrounding areas, use of powered mechanical equipment to supply dust dampening techniques such as sprinkling, covering of transported materials, crushed rock and asphalt. Fumes from washing of wheels prior to leaving construction areas. asphalt chemicals such as the phenol compound form, bitumen, could cause Reduce material mobilization during peak hours to reduce fugitive dust. breathing issues. Periodic sampling of air quality at the construction site near public facilities The use of machines during the (mosque, church, school, and houses) every 6 months refer to environmental construction phase such as generators, permits on 4 June 2018. backhoes, etc. will emit air pollutants (i.e. NOx, SO2, PM, CO). Earth surface disturbance activity will likely emit particulates (PM10) which may affect the local visibility and health. The operation of transportation modes is Operation Implementation of a stakeholder engagement plan. expected to generate a reduction in air pollutant emissions; since it is expected Increasing publics' interest to use public transportation so that the transportation that many people will switch to using mass modes will be optimally operated by carrying passengers to achieve its maximum transportation, thereby reducing private capacity. 105 Medan—Preliminary ESIA for BRT Project vehicles usage and traffic congestion which is based on fossil fuel consumption. BRT maintenance activity centralized at Operation Plan the possible mitigation measures to manage the air pollution. depots will affect the environment. Painting activity will affect air quality due New fuel-efficient (Euro 4 at least) buses and proper operation of BRT to convince to the solvent used and volatile organic users to shift compounds that will be emitted into the air. Noise level Minor and temporary impacts will occur Construction Conduct traffic noise impact assessment, including the noise modeling, and also during construction. Increased noise level define what and where proper mitigation measures are needed (e.g. traffic due to the operation of equipment and management such as lane closures or reduced speeds, pavement types and heavy machinery, for road cutting, surfaces that can affect traffic noise, noise buffer zones, noise barriers, or other excavation, demolition of permanent possible measures). structures along the route, and as pylons for stations are drilled into the ground, will Proper scheduling of high noise-generating construction activities. Use of cause noise pollution around the project temporary or permanent noise barriers, as needed. location. Install barriers to reduce noise emission from source to sensitive receptor. The BRT noise might affect nearby schools, hospitals, and mosques. A barrier can be a temporary building cover that can reduce noise level up to 10- 20 dBA. Consider restrictions on noisy work during nighttime in close proximity to sensitive receptors. Implement a construction management plan which recommends contractors switch off idling machinery and carry out regular maintenance of machinery to ensure full functionality. 106 Medan—Preliminary ESIA for BRT Project Periodically controlled and ensured to meet the regulated noise threshold. Regular maintenance of heavy equipment and construction machinery might avoid unnecessary noise disturbance. The operation of transportation modes Operation Indicate the noise provided by different technologies of the BRT system (selective will generate increased noise levels in the design). surrounding area. The BRT noise might affect nearby schools, Conduct traffic noise impact assessment, including noise modeling, and also define hospitals, and mosques. what and where proper mitigation measures are needed (e.g. traffic management such as lane closures or reduced speeds, pavement types and surfaces that can affect traffic noise, noise buffer zones, noise barriers, or other possible measures). Install barriers on BRT tracks in certain sensitive areas against noise. A barrier can reduce noise levels up to 15-25 dBA. Apply noise attenuation measures on the railroad ballast in accordance with manufacturing specifications. Periodically controlled and ensured to meet the regulated noise threshold. Shifting from private transport to BRT will Operation Not required. affect the noise level (reduce) in the areas along the BRT routes due to the changes in fleet distribution. 107 Medan—Preliminary ESIA for BRT Project Groundwater Pumping of groundwater and/or large- Construction Detailed groundwater & ground condition surveys are required to ensure scale open-cut by the construction construction management plan (especially for cut and fill) reduces impact to activities (especially at the locations of groundwater and risk of land subsidence and flooding. underground line/station/piling required for elevated structures), may result in a lowering of the groundwater table that may disturb the domestic usage of groundwater and/or may lead to land subsidence and local flooding. Surface water Land preparation and construction Construction Preparation and implementation of a soil erosion management plan for the activities will generate sedimentation due construction area including measures to prevent/minimize soil runoff into the to the run-off (particularly during the rainy surface water surrounding the project area. season) that could carry out soil particles Plan a settling pond; to collect and precipitate materials/soil particles carried by to the surface water around the project the water flow. location. Settling ponds must be periodically cleaned and dredged. Belawan Station and Lapangan Merdeka etc) and BRT corridors should consider for Provide a temporary storage place (TPS) of hazardous waste at the base camp the flood-prone areas/points therefore location, this hazardous waste temporary storage place should be completed necessary street inlet and drainage system with licensed. will be included. Hazardous waste such as ex-oil, ex-batteries, accu, TL lamps, etc. is stored in TPS for a maximum of 90 days to be sold to third parties. Storage of fuel tank completed with oil trap and roof also drainage from fuel tank do not mix with rainwater drainage. Create a sedimentation pond/silt barrier with a depth of 0.50 x 0.50 at base camp location to accommodate mud/soil aggregates carried by rainwater to the 108 Medan—Preliminary ESIA for BRT Project receiving water body and domestic wastewater management by using a mobile latrine. At depots: pre-treatment of wastewater (grease trap and dissolved air flotation) should be installed to treat wastewater before discharge to the surface water. Surface run-off due to more cemented Construction; Ensure suitable culverts and other infrastructure for drainage are included in infrastructure and roofed platforms could Operation design and construction plans with a flood risk management plan. increase flooding in neighborhood areas (during the rainy season) and need to be drained to nearby street inlets or the primary drainage system. The operation and maintenance activities Operation Preparation of SOP for storage and treatment of wastewater (both for domestic of the transportation modes could and maintenance activities) in the operation of transportation facilities and its generate surface water degradation, associated infrastructure. particularly that caused by oil or other material spills. Storage and handling of oil/other hazardous materials to be clearly demarcated and handled by experienced personnel. BRT maintenance activity centralized at Operation Plan the waste management for the B3. depots will affect the environment. Engine tune-ups will generate lube oil waste which is considered to be a hazardous waste material include oil and battery (B3). 109 Medan—Preliminary ESIA for BRT Project BRT maintenance activity centralized at Operation Plan and build the wastewater treatment. The wastewater should meet the depots will affect the environment. BRT wastewater quality standards before discharging to water bodies. bus cleaning will generate wastewater that needs to be treated before discharge to the nearby watercourse. It can affect the native animal and aquatic biota when the wastewater is being discharged to a water body. Biodiversity The route only crosses modified urban Construction Map the location and types of mature trees and ensure that the trees will be (including areas. However, given that in most roads protected during construction by including this specifically in ESMP/RKL-RPL, with Vegetation) of the planned BRT corridor trees are tree demarcation/barriers installed during construction. Checking the ‘collective growing, some urban flora and fauna will attachment’ of the IP to the project area. be lost during the project. Preparation of a landscape management plan prior to construction start. Loss of trees along median & roadside for station location Every loss of tree should be compensated by replantation elsewhere. The vegetation loss around the location Revegetation with the provisions of 1:10 (1 tree felled is replaced with 10 trees). will cause degradation to the environmental aesthetic. Replanting trees at the station surrounding will be based on their age, productivity, and present commercial value, per recommendation by local environmental/mayor office or the design of BRT station avoid cut of trees in the median. Enhancements of plants and greening Operation Waterbody quality needs to be regularly monitored and wastewater minimization activities around major stations. measures taken, especially close to the depots of the BRT system. Wastewater from maintenance might affect native animals and aquatic biota especially in the water body. 110 Medan—Preliminary ESIA for BRT Project Urban landscape The existing urban landscape of Medan - Preparation of a landscape management plan prior to construction start. will be changed whilst the urban transport Construction - Sensitive design of site hoarding to minimize the visual impact of the system is being constructed with large construction activities on neighboring sensitive receptors. construction vehicles and construction hoarding. The existing urban landscape of Medan Operational - Preparation of a landscape management plan prior to construction start. will be changed with the introduction of - Overall design is considered at project preparation stage, with regard to BRT infrastructure such as BRT stations. stations and its facilities. Waste management The construction processes generate a Construction - Tender documents to construction companies need to include cleaner significant volume of construction waste production concepts. (such as soil, asphalt and rocks due to road - cutting concrete debris); which will need - Include in the tender documents efficient and environmentally friendly use of to be disposed of in line with national materials. Material life cycle costs should be considered in the choice of material. regulations. - - Preparation of a waste management plan prior to construction starts in Material packaging waste will have some compliance with local requirements and best practice for reduce, reuse, recycle, impact on the environment. also ensures that GOI regulations regarding waste handling need to be followed. - - Address the management of excavated and construction materials, including addresses possible material spills. BRT bus cleaning at the depots will Operation - Preparation of a waste management plan for the BRT operational stage, in generate waste water which needs to be compliance with local requirements and best practice for reduce, reuse, recycle, treated before discharge to the nearby also ensures that GOI regulations regarding waste handling need to be followed. watercourses. Engine tune-ups will generate lube oil waste which is considered hazardous waste materials (B3). Waste generated by passengers and 111 Medan—Preliminary ESIA for BRT Project workers during BRT operations (at the bus and the stations). Resource efficiency The BRT system will require large amounts Construction - Tender documents to construction companies need to include cleaner of materials such as cement, steel, rock- production concepts. based materials, and asphalt will be - necessary. - Include in the tender documents efficient and environmentally friendly use of materials. Material life cycle costs should be considered in the choice of material. - Indicate material/resource efficiency by different technologies of BRT system (selective design). - - Address the management of excavated and construction materials. Some short-term utility service Construction disruptions can be expected: influence of existing urban infrastructure and utility services regarding communication cables, electricity supply, water lines and sewage systems. Some amounts of electricity needed for Construction; Conduct discussions with local authorities regarding electricity necessary to run the construction and operation of the BRT Operation the BRT. might impact the local electricity distribution networks. Utilities and Risk of impact to and/or required Pre- Utilities & infrastructure survey and relocation plan should be prepared during infrastructure relocation of existing utilities such as Construction; design development and prior to construction. water supply, electricity lines, fiber network, street lighting, and traffic Construction Work closely with government regulatory bodies and affected providers. control. 112 Medan—Preliminary ESIA for BRT Project Flood risk during construction phase Construction Ensure suitable culverts and other infrastructure for drainage are included in caused by changes to existing storm water design and construction plans with a flood risk management plan. drainage systems near the BRT stations. Excavation and drilling activities might further influence the urban water drainages. Some amounts of electricity needed for Construction; Conduct discussions with local authorities regarding electricity necessary to run the construction and operation of the BRT Operation the BRT. might impact the local electricity distribution networks. GHG The use of machines during the Construction Plan the possible GHG emissions mitigation measures. construction phase such as generators, backhoes, etc. will emit greenhouse gases Accurate detailing of the components of the adopted BRT and station technology (i.e. CO2, N2O and CH4). to ensure zero GHG emission to incorporate green open space requirement/vegetation barriers (landscaping). Type of technology will determine energy Operation Indicate the GHG emissions provided by different technologies of BRT system consumption and GHG emissions. Buses (selective design). could produce more or less GHG depending on the technology. The BRT operation is expected to reduce Operation A study should establish the BAU baseline of GHG emissions in the current traffic GHG emissions; since it is expected that sections, the changes in GHG with the introduction of the BRT system, and provide many people will switch to using mass suggestions for a GHG monitoring system. transportation, thereby reducing private vehicle usages and traffic congestion which is based on fossil fuel consumption. The BRT system will run more efficiently than conventional public transport and 113 Medan—Preliminary ESIA for BRT Project reduce traffic congestion. Therefore, GHG emissions will be reduced due to reduced fossil fuels used. 114 Medan—Preliminary ESIA for BRT Project 9 Implementation Agreement o Existing Local Institutional Structure Based on the analysis in BRT Feasibility Study (GIZ, 2020), some authorities involved in BRT system could be the same authorities as the one for road-based mass transport, specifically for the transport system and road traffic (sistem lalu lintas dan angkutan jalan) as regulated in Law No. 22 of 2009. The table below summarized the roles of each authority. Table 28: Matrix of the Implementing Authorities Subject Covered Authority Road— a) inventorying road service levels and issues; Public Works b) preparing plans and implementation programs, including determining the Ministry/Agency road service level that is expected; c) planning, developing, and optimizing roads; d) road geometric repairs and/or road intersections; e) stipulation of road classifications; f) road functional tests in accordance with the road traffic health and safety standard; and g) developing information systems and communications for road infrastructure. Infrastructure and facility a) stipulating general plans of road traffic and transport; of road traffic and b) road traffic engineering and management; transport— c) technical and roadworthy requirements of motor vehicles; Transportation d) public transport licenses; Ministry/Agency e) developing information systems and communications for infrastructure and facilities for road traffic and transport; f) coaching human resources who implement the infrastructure and facilities of road traffic and transport; and g) investigations of violations of public transport licenses, technical and worthiness requirements of motor vehicles. Industry— a) preparing the plan and implementation program of motor vehicles Industry Ministry/Agency industrial development; b) development of industry for motor vehicles equipment which guarantees the safety of road traffic and transport; and c) development of industry for road equipment which guarantees the safety of road traffic and transport. Technology— a) preparing plans and implementation programs of motor vehicle technology Ministry of development; Education/Ministry of b) technology development of motor vehicle equipment for the safety of road Research, Technology, traffic and transport; and and Higher Education c) technology development of road equipment for the safety of road traffic and transport. 115 Medan—Preliminary ESIA for BRT Project Registration and a) testing and issuance of driving licenses for motor vehicles; Identification of Transport b) implementing registrations and identification of motor vehicles; and Driver, The c) collecting, supervising, managing, and providing data for road traffic and Enforcement of Law, transport; Operational and d) managing control centers for information systems and communications for Management of Road road traffic and transport; Traffic Engineering, and e) arranging, protecting, guarding, and patrol of road traffic; Road Traffic Training— f) enforcement of the law which covers enforcement of violations and Indonesia National Police handling of road traffic accidents; g) road traffic training; h) road traffic engineering and management implementation; and i) road traffic management implementation. Source: Law No. 22 of 2009, summarized in GIZ (2020, p. 138-139). As a result of decentralization, responsibility for transport services and networks is divided based on the jurisdiction boundary. In the Medan Metropolitan BRT project, the routes will be located in Medan city, Deli Serdang, and Binjai (please see the project description in Chapter 1), so it becomes a provincial public transport route and falls within the responsibility of the Government of North Sumatra Province. The graph below shows the existing local institutional structure for the provision of transport. Provincial Transport agency/Dishub North Sumatra Dishub Deli Serdang Dishub Medan Dishub Binjai Land transport unit Road traffic unit Land transport unit and road traffic are located as divisions in the transport agency at each city/district MoT also has a representative office at the provincial level Figure 11: Existing Institutional Structure in North Sumatra Transport Provision (DDAVA Vol. 2, 2021) 116 Medan—Preliminary ESIA for BRT Project Table 29: Existing Institutional Roles in Medan Metropolitan Area Transport Provision Level Institutions Roles/Set-Up Characteristics Coordinator North Sumatra ● Set policies and targets which refer to the Province’s BAPPEDA (Provincial RPJMD (Regional Medium-Term Development Plan); Planning Agency) ● Coordinate inter-sectoral tasks, e.g. transport, road infrastructure, spatial planning, etc.; ● Integrate transport policy with other policy areas, such as economic development and spatial planning; ● Be responsible for PPP project development 16, which is led by the PPP node (Simpul KBPU); ● Facilitate the city/regency governments in developing regional infrastructure. North Sumatra BPKAD ● Manage the local assets (BMD) under North Sumatra’’s (Financial and Asset jurisdiction17; Management Board) ● Collaborate with DISHUB to manage the local assets (in the case of Medan BRT, DISHUB can act as the manager and BPKAD will record and execute the asset management. Alternatively: DISHUB will allocate the budget and BPKAD will manage the assets); North Sumatra DISHUB ● Receives recommendations from North Sumatra BAPPEDA; (Provincial ● Involves the Traffic Forum18 for public consultation, Transportation Agency) usually for traffic impact assessment (ANDALALIN) as part of the Addendum/Supplement AMDAL (ESIA); also for consultation on strategic projects; ● Does not have direct power to instruct the Railway Operators19; ● Shares its responsibility with City/Regency DISHUB in regulating angkot performance, but the role is limited merely to operating license issuance; ● Regulates intercity route services within the province; develop technical policies on the transportation sector; manage transport policy implementation; monitor and evaluate transport service performance and report to the governor; has the main task of dealing with environmental affairs in the transportation sector 20. Strategic Planner North Sumatra DBMTR ● The main task: dealing with governmental affairs in the (Provincial Road Public public works and spatial planning sectors under North Works and Land Use Affairs Agency) 16 West Java Governor Decree Number 80 of 2018 regarding BAPPEDA assignment 17 West Java Governor Decree Number 67 of 2017 regarding BPKAD assignment 18 As mandated by Law No. 22 of 2009. 19 E.g. PT KAI, as the national railway network concession is managed directly by the DGR of the MoT. 20 West Java Governor Decree No. 56 of 2016 regarding DISHUB Assignment 117 Medan—Preliminary ESIA for BRT Project Sumatra jurisdiction, including road and bridge works, and construction-related development21; ● Manage road assets and perform spatial planning and land use monitoring; ● Collaborate with DISHUB and BPKAD for the transport integration planning. North Sumatra DLH ● Formulating and developing technical policies related to (Environmental local environmental management22; Agency) ● Responsible for the implementation and capacity building of ESIA in North Sumatra23; ● Facilitating the city/regency governments in developing regional land and environment, forestry, and water resource policies. Medan City DISHUB Regulate inner-city route services. Binjai DISHUB and Deli Regulate inner-regency/city route services. Serdang DISHUB IBE/BUMD/BUMN/Co- Angkot: operates minivan services on a traditional basis, operatives where the licensed cooperatives assign individual drivers to operate the fleet on an ad-hoc basis (not controlled by certain KPI or contracts). Operator Source: Summarized from DDAVA Vol. 2, 2021 In conclusion, there are several transport regulators in the Medan Metropolitan area with overlapping responsibilities. The current institutional structure results in a transport service in the Medan Metropolitan area that is not well integrated due to complex decision-making and asset management processes. Thus, there is a need for significant changes if the project (and the MT project at its heart) are to be realized effectively. Therefore, the North Sumatra Government to establish a working group/Satuan Kerja (Satker) at provincial level, which comprises key agencies at provincial, city, and district levels. This working group will operate as PIU of the mass transit project in North Sumatra areas, which enables multi-sector coordination covering the Medan Metropolitan area to address coordination (and land acquisition) issues. To assist with coordination line, including bridging the line of coordination among national and local governments and among local governments, BAPPEDA, SEKDA, and 21 West Java Governor Decree No. 51 of 2016 regarding DBMTR assignment 22 West Java Governor Decree No. 15 of 2009 regarding DLH assignment 23 DLH West Java Strategic Plan (2019) 118 Medan—Preliminary ESIA for BRT Project DISHUB at provincial level will the co-leads of PIU (while the members of PIU are all relevant key government agencies in provincial and city/districts levels). In addition, learning from the BRT operation in the capital city of Jakarta,24 the Governor of DKI Jakarta is the ultimate responsible party for managing the BRT. The Governor then delegates the authority to the Transportation Agency (Dinas Perhubungan) for the BRT system, Public Works Agency (Dinas Bina Marga) for roads and bridges, and the BRT business entity for operating the BRT (GIZ, 2020, p. 140). 9.1.1 Proposed Institutional Set-Up Based on the due diligence assessment/value analysis for the proposed Bandung mass transit system project document, an integrated governance approach needs to be implemented in developing transport policy and policy. However, the authority has been divided based on statutory regulations. Jurisdiction boundaries have been generally determined many years ago and do not correspond to today’s travel and economic activity patterns. Furthermore, the hierarchical allocation of responsibilities makes it difficult to plan integrated multi-modal transport networks. Therefore, the delegation of responsibility for transport services within cities to the local government results in discontinuity, inconsistency, and lack of synchronization of infrastructure and services. Thus, some changes in institutional structure are proposed as below. Further analysis and comparison between possible scenarios of institutional set-up can be seen in DDVA Vol. 2, 2021, Section 5. 24 Based on the DKI Jakarta Regional Regulation No. 10 of 2014 119 Medan—Preliminary ESIA for BRT Project Figure 12: Existing Institutional Structure and the (‘To Be’) Proposed Structure (DDVA Vol. 2, 2021) Table 30: Proposed ‘As Is’ vs ‘To Be’ institutional roles Existing Function Proposed Function Function Allocation (‘As Is’) Allocation (‘To Be’) (Policy and target setter) Set transport and North Sumatra’s BAPPEDA West Java BAPPEDA to inter-sectoral policies consistent with wider and other municipalities’ take responsibility from policy objectives for economic, social, and BAPPEDAs based on their BBMA spatial development. jurisdiction While Bappeda will lead the policy objectives and spatial development in general, the Provincial Secretary Office (Sekretaris daerah/Sekda provinsi) will also be involved as ‘co- coordinator’ together with Bappeda Province of North Sumatra. (Policy and target setter) Set development North Sumatra BAPPEDA North Sumatra BAPPEDA targets e.g. mode share; greenhouse gas and other municipalities and other municipalities emission reduction. BAPPEDA based on its BAPPEDA based on its jurisdiction jurisdiction (Policy and target setter) implement North Sumatra BAPPEDA North Sumatra BAPPEDA 120 Medan—Preliminary ESIA for BRT Project legislation and regulation. (in coordination with technical units/DISHUB North Sumatra) (Policy and target setter) Prepare allocation of BPKAD (in coordination North Sumatra BPKAD funding to meet operation, maintenance and with PIU) system expansion costs. (Strategic planner) Develop metropolitan City/Regency DISHUB North Sumatra DISHUB to spatial and transportation network planning. develop transport plan develop integrated based on its jurisdiction transport plan for strategies alignment with City/Regency DISHUB (Strategic planner) Develop transport North Sumatra DISHUB and North Sumatra DISHUB regulation e.g. transport demand other City/Regency develop strategies management. DISHUB alignment with City/Regency DISHUB (Strategic planner) Identifies implementation and route priorities. (Strategic planner) Plan infrastructure and network development. (Strategic planner) Set performance and quality standards. (Strategic planner) Monitor network system performance. (Strategic planner) Set fare levels and annual North Sumatra DISHUB and North Sumatra DISHUB (if revisions. other City/Regency there will be APBN DISHUB support of the PSO subsidies, then it will involve MoT and MoF) (Strategic planner) Define the type of ticket North Sumatra DISHUB and North Sumatra DISHUB and fare collection system. other City/Regency DISHUB (Tactical/integrator) Develop and deliver n. a. BUMD/BLUD Intermodal transport initiatives, including multimodal brand management. (Tactical/integrator) Operational design of n. a. BUMD/BLUD routes, timetables, and vehicles design. (Tactical/integrator) Provision of civil, n. a. BUMD/BLUD (this task information technology, mechanical and will be subject to the electrical infrastructure. Commercial case of EBC. This function may allocate to designated IBE) 121 Medan—Preliminary ESIA for BRT Project (Tactical/integrator) Deliver procurement, n. a. BUMD/BLUD (this task management, and monitoring of suppliers for will be subject to the the operation of services. Commercial case of EBC. This function may allocate to designated GCA) (Tactical/integrator) Deliver fare collection and n. a. BUMD/BLUD revenue management. (Tactical/integrator) Manage non-farebox n. a. BUMD/BLUD revenue including retail gas stations and TOD property development. (Operator) Provide services in accordance Rail operator and non-rail IBE or BUMD with the requirement defined by the operators Integrator. (Operator) Develop operation management Rail operator and non-rail IBE or BUMD including safety and security implementation. operators (Operator) Manage and maintain the fleet and Rail operator and non-rail IBE or BUMD assets. operators (Operator) Operate supporting business e.g. Rail operator and non-rail IBE or BUMD ticketing, real-time passenger information, operators and customer service. Source: DDVA Vol. 2, 2021 9.1.2 Institutional Set-Up for the Environmental and Social Management Plan Based on the ESMF, the MASTRAN project will be managed through three layers of management: Project Steering Committee, Project Management Unit, and Project Implementation Unit (Figure 24). The general responsibility of implementing related Environmental and Social Management instruments lies with the Project Manager and the joint Executing Agency with DGs Land and Railways Transport of MoT. The Project Implementation units in North Sumatra will be responsible for the day-to-day implementation of the measures for managing environmental and social impacts. The Project Manager of North Sumatra will regularly report to the national Project Manager. 122 Medan—Preliminary ESIA for BRT Project Figure 13: Structure Organization of BRT Project 123 Medan—Preliminary ESIA for BRT Project At the subnational level, the working group (Satuan Kerja/Satker) comprises agencies at provincial and Medan metropolitan areas and will lead project implementation under its jurisdiction. Some responsibilities of the PIU (Satuan Kerja/Working Group in North Sumatra) are: ● Ensuring that potential land tenure issues and competing claims are identified through review of existing grievances and GRM implementation during the pre-inception phase; ● Implementing Land acquisition plan/LARAP, Dishub in coordination with Bappeda city/district, SEKDA city/district, and ATR/BPN land/spatial plan agency (unless land required for project belongs to a national agency, PMU with assistance from Project Steering Committee to assists) ● Conducting social-economic (potential) impact assessment as part of AMDAL finalization ● Ensuring, in close collaboration with the National, Project Manager that E&S screening is carried out for each sub-project/activity prior to implementation; ● Closely coordinating with the National Project Manager for review and approval of screening decisions and recommendations; ● Ensuring, in close collaboration with the National Project Manager, the timely preparation of ESMP, baseline data collection, depending on the screening outcome; ● Closely coordinating with the National Project Manager and environmental agencies to obtain any necessary clearances and environmental permits (e.g. AMDAL); ● Ensuring that relevant ESMP provisions are included in the design and in tender documents and in contractor/supplier agreements; ● Ensuring ESMF compliance during planning, construction, and operation; ● In charge of ESHS related issues. ● Preparing and submitting regular E&S monitoring and progress reports to the National Project Manager; ● Closely coordinating with the National Project Manager to plan and deliver training and workshops on the project’s E&S standard requirements and procedures to staff and contractors; ● Developing a GRM in close collaboration with the National Project Manager, as well as ensuring that grievances are addressed at the appropriate level; ● Raising awareness and disseminating and disclosing information on the GRM and the associated procedures at the regional level; and ● Ensuring adequate public consultation during E&S screening, ESMP development, and encouraging community participation during sub-project planning, management, and monitoring in close collaboration with the National Project Manager 124 Medan—Preliminary ESIA for BRT Project ● Revisiting Stakeholder Engagement Plan when there is progress in technical designs (once DEDs, AMDAL, and LARAP confirmed) ● Compiling and reporting all E&S management activities to National Project Manager/environmental and social specialists at project level Institutional arrangement for the implementation of environmental and social management activities is as follows: National Project Steering Committee Central PMU—DGLT National level MoT PIU—Satker at Provincial Key actor for implementing and Subnational level level comprises relevant overseeing subnational E&S agencies from provincial, management, and reporting to NPMU city and districts levels Other agencies at city level/Third Party/Local facilitator/and Contractors (working in the field) Figure 14: Institutional arrangement for the implementation of environmental and social management activities 125 Medan—Preliminary ESIA for BRT Project Key Note: PIU at provincial level, henceforth called ‘Satuan Kerja/Satker’ consists of all relevant agencies at provincial, city, and district levels. This should be legalized through Surat Keputusan Gubernur, which should be substantiated by the Memorandum of Understanding (MoU)/Nota Perjanjian between DGLT and subnational governments (provincial and city/district level agencies). The head of PIU ought to be joint-Bappeda-Sekda and Dishub government Province of North Sumatra (to be confirmed once all settled). 126 Medan—Preliminary ESIA for BRT Project 10 Next Steps Before the construction of the Bandung BRT project, a full Addendum/Supplement AMDAL (ESIA), as well as a land acquisition and resettlement plan (LARAP), will be required. However, to meet the WB ESS requirements, an environmental and social impact assessment (ESIA) per ESS 1 will be required. Below is the framework of impact management perceived. Some complementary studies and plans are required to complete the Addendum/Supplement AMDAL (ESIA), namely land acquisition and resettlement policy framework-action plan (LARAP), environmental and social codes of practice (ESCOP), and stakeholder engagement plan (SEP). Moreover, the Addendum/Supplement AMDAL (ESIA) should also cover some necessary assessments and plans, such as a noise modeling study, traffic impact study (ANDALALIN), and many more (further lists already added into the suggested Addendum/Supplement AMDAL (ESIA) TOR in Annex 1). In managing the environmental and social impacts, an expanded AMDAL (ESIA) needs to be developed. Following the regulation, the AMDAL will consist of reference framework (KA), environmental impact assessment (ANDAL), and environmental management and monitoring plan (RKL-RPL). Besides environmental components, the expanded AMDAL also covers socio- economic-cultural components, such as income levels, demographics, livelihoods, local culture, archeological sites, cultural sites, etc. As mentioned before, there are some necessary assessments and plans that should be included in the expanded AMDAL regarding land acquisition, socio-economic analysis of affected people, etc. After the Addendum/Supplement AMDAL (ESIA) development, the measures defined in the RKL will be implemented during pre-construction, construction, and operational stages, as well as the monitoring plans in RPL. Especially for land acquisition and resettlement, an action plan (LARAP) will be developed based on the LARPF/PF and implemented during all project stages. The project construction at the affected area (land acquisition and resettlement) will begin after compensation payment and land-right relinquishment are finished. More detailed steps of the land acquisition and resettlement process can be [1] Based on the Tourism and Culture Agency of West Java Province data for the Indigenous Villages 2009 http://www.disparbud.jabarprov.go.id/wisata/fupload/Data%20Kampung%20Adat%20di%20Jawa%20Barat.p df ; data need to be verified/updated. [2] Suggested ESIA TOR could be seen in Annex 1, including some complementary studies/plans to be integrated into the ESIA. 127 Medan—Preliminary ESIA for BRT Project Table 31: Timeline for Environmental and Social Management Activities No. Aspects E&S Related Activities/Documents Involved Parties Timeline 1. E&S assessments ESIA (KA, ANDAL, RKL-RPL)[1] Governments (national, provincial, Inception Phase city, regency); consultants LARAP/RAP Governments (national, provincial, Inception Phase city, regency); consultants ESCOP (including SEAH) Governments (national, provincial, Inception Phase city, regency); consultants Stakeholder engagement plan (SEP) Governments (national, provincial, Inception Phase city, regency); consultants GHG emission BAU baseline study & potential Governments (national, provincial, Inception Phase reduction through BRT development [2] city, regency); consultants 2. E&S mitigation Implementation of SEP & GRM. Governments (national, provincial, Pre-Construction; implementation city, regency); implementing business Construction; and entity (IBE) Operational phase Implementation of mitigation measures—RKL Governments (national, provincial, Pre-Construction; (including Construction Management Plan, noise city, regency); implementing business Construction; and reduction plan, LARAP, COVID-19 Response Plan, entity (IBE) Operational phase ANDALALIN, GESI-AP, GBV (SEA/SH) Risk Assessment).[3] 3. E&S mitigation Implementation of Mitigation Monitoring & Implementing business entity (IBE) Construction & monitoring & reporting Reporting—RPL (including periodic air quality operational phase; 128 Medan—Preliminary ESIA for BRT Project monitoring and reporting, noise monitoring and daily/monthly reporting, GHG emission reduction reporting).[4] (monitoring); annually (reporting). 4. Technical training Training on WB E&S standards specifically linked to Target audience: governments Inception Phase the MASTRAN project. (national, provincial, city, regency) Technical guide on green procurement in the Target audience: governments Inception phase transport sector. (national, provincial, city, regency) Training on land acquisition and resettlement policy Target audience: governments Inception phase framework (LARPF/PF). (gov/PMU) Training on grievance mechanisms. Target audience: governments; Inception phase directly affected stakeholders Training on data monitoring and analysis. Target audience: governments Inception phase Training on environmental and social code of practice Target audience: contractors Prior to bidding process as well as guidelines for green procurement to construction firms. Training on greening initiatives in public transport. Target audience: governments Prior to bidding process Initiation workshop on the establishment of Target audience: Construction phase monitoring systems and monitoring task force for Governments regional institutions to survey the BRT system. Gender training.[5] Target audience: Construction phase Internal Team 129 Medan—Preliminary ESIA for BRT Project Training on stock assessment. Target audience: Annually Governments GHG emission, air, and noise pollution monitoring Target audience: Annually training Sub-project permanent institutions Training capacity building for important stakeholders Target audience: Annually on E&S standards for the MASTRAN project. Communities This would target main stakeholder groups of sub- project locations to provide community monitoring on the implementation and fulfillment of the E&S standards. [1] Suggested ESIA TOR could be seen in Annex 1, including some complementary studies/plans to be integrated into ESIA. [2] TOR of International Greenhouse Gas (GHG) Specialist available in Annex 2. [3] Initial mitigation measures could be seen in Chapter 5 and 6 of these documents, and will be developed further in the RKL document according to the final BRT route. [4] Mitigation monitoring and reporting measures will be developed further in the RPL document according to the mitigation measures planned in the RKL. [5] Please see the detailed action plan in the GESI Report, 2021. 130 Medan—Preliminary ESIA for BRT Project References ADB (2012). Indonesia Transport Sector Assessment, Strategy, and Road Map. Available at https://www.adb.org/sites/default/files/institutional-document/33652/files/ino-transport- assessment.pdf Accessed in February 2020. Aljazeera (2018). Indonesia Quakes A 'Wake-Up Call' on Buildings' Shaky Foundations. Available at https://www.aljazeera.com/news/2018/10/indonesia-quakes-wake-call-buildings-shaky- foundations-181018015500435.html Accessed in March 2020. BAPPENAS (2012). 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Available at https://policies.worldbank.org/sites/ppf3/PPFDocuments/Forms/DispPage.aspx?docid=4299690b- e96c-44a1-9117-8c7bc51dde70&ver=current Accessed in March 2020. 134 Medan—Preliminary ESIA for BRT Project ANNEX I: Preliminary Social Economic Impact on Angkot Drivers 1. Project Description Motor vehicles comprise over 86 percent of the vehicle fleet in Medan City which is ranked as the third most congested city (behind Jakarta Selatan and Bandung), out of the 38 cities tested in a recent big-data analysis of WB diagnostic. Proposed Bus Rapid Transport system would connect Terminal Amplas to Terminal Pinang Baris (18.3 km, with 31 stations and two terminals). Text Box 1. What entails in Medan metropolitan BRT What entails in Medan BRT The proposed Medan Metropolitan BRT will have approximately 18-21 km of dedicated bus lanes, 31 bus stops, 12 direct service routes, two terminals/ bus depots, and service with a headway of 5-10 minutes for 18 hours per day, with a speed of 22-60 km/hour. The route traverses’ key areas currently subject to high population movement and heavy traffic congestion. As it goes through the Medan city center, it traverses schools/ university campuses, hospitals, commercial areas, and residential buildings. Medan has an existing Indonesian common-style BRT running in mixed traffic operated by the national bus company, DAMRI. Service began on two routes in 2015/ 2016. Medan was slower to adopt BRT than other Indonesian cities due to objections by local transport (angkot) operators. 2. Baseline information The Government of Indonesia, both at the national (Ministry of Transport) and local Transport Agency, regulates the operation of public transport provisions as stipulated in the Transport Minister’ Regulation No. 15 of 2019 on the Provision of Public Transport Services[1]. The local Transport Agency (Dinas Perhubungan) must grant a permit for routes (Trayek) of the public transport operators, and all fleets (‘Armada’) must be registered as an operator. As such, the market entry, bureaucracy and permitting- wise, is relatively high. In terms of monitoring and reinforcement, an annual registry-check 135 Medan—Preliminary ESIA for BRT Project (a reality check on database and on-site whether the routes are still active/ operating or already inactive) is conducted. At the street level, on-site police check to see if the fleets have permits as public transport operator are also regularly conducted in coordination with local traffic police officers. There are approximately 6500 units of angkot and (mini)buses in Medan, serving a total of 184 registered routes. However, based on the field survey in 2016, there were only 109 active routes. Existing public transports, Angkots, are an important mode of transport for low-income groups and also an important source of employment/ means of livelihoods. To be an Angkot driver, individual just required to have a driving license (called “SIM A”) for angkot/regular-vehicle under 3500kg gross weight[2], and without requirement of educational background. Hence, Angkot operators provide a means of livelihoods to low-income households with relatively low educational attainments. All angkot owners are members of one of the angkot cooperatives/ operators. Each of the cooperatives has their own rules. Everyday, the angkot owners are required to pay route- administrative fee from IDR 25.000-30.000. Angkot drivers who do not own the vehicle are required to pay IDR 100.000-150.000/day to the angkot owners, depending on the route. In Medan, angkot drivers are usually also the owners of the fleet. The net daily income of angkot driver is approximately IDR. 30.000-60.000 (AMDAL, 2018). There are several angkot/ bus operators/ cooperatives/ companies in Medan include KPUM, Desa Maju, Hikma, Mars, Medan Bus, Mekar Jaya, Mitra, Morina, Nasional, Nitra, and RMC. There are at least three typologies of angkots-drivers[3]. First, regular drivers with no-ownership of vehicle. Majority of angkot drivers fall into this category. These types of drivers have to pay for the vehicle’ rent in daily basis to the vehicle owners. Regular drivers can be working under contractual arrangement with the operators, or they can be hired individually without clear contractual arrangement (informal mutual trust that the driver will pay the rent as agreed). Most regular drivers rent vehicles on a daily basis from vehicle owners, and each driver retains his revenues and pays daily rental, fuel, administrative fees (legal and illegal) from them. The second arrangement is the substitute drivers. Substitute drivers did not work every day, instead they just work when being called to substitute the regular angkot drivers. Substitute drivers are mostly out of the radar as there are no clear arrangement nor data available on how many of them and their nature of work (i.e., do they have other job aside of substituting? It is still unknown systematically). Substitute drivers are usually hired/ phone-called by regular driver to fill in, and the retainment is based on social relationships, i.e., kindship, friends, neighbors, or someone the regular drivers/ operators know personally. Substitute 136 Medan—Preliminary ESIA for BRT Project drivers will pay vehicle rent, just like regular drivers, and did not necessarily attach to one operator nor one regular drivers. They are dynamics in nature and follow through opportunities day by day. Third type is driver-owner, which drives the angkot him/oneself that he/one owns. From on-site interviews/ brief survey in August and a follow up survey in December 2021 with a total of 12 drivers, and technical discussion with staffs of the Transport Agency of Bandung, driver-owner is relatively limited in numbers compared to the regular drivers, despite the exact number is unknown. Based on on-site interviews with seven angkot drivers during field visit in August 2021, angkot drivers in Medan work approximately 10-12 hours per day, 5-7 days in a week (field visit Medan report prepared by MoT). Meanwhile for substitute drivers (supir tembak), there is no clear working hours, and with variety range of working days, from half day (5-6 hours/ day) 2 days in week, to 9-11 hours per day, 3 days in a week. Substitute drivers has no clear contractual agreement with the regular driver nor with the operator. They will be contacted casually (by phone, a day or two days before) to cover for the regular driver, when he/one is not available for particular day. Similar to other cities in Indonesia, angkot operation in Medan experiences business decline as passengers opted to use other mode of transportation such as private vehicles, online transport operators (both motorcycle and 4-wheel vehicles), and DAMRI (public transport operates by state- owned enterprise). 3. Potential impacts on Angkot drivers It is expected that 35 existing angkot routes would be impacted by the BRT operation with total of estimated 2298 angkot operators including drivers, ticketing, timers and maintenance staffs. In Medan, one fleet is commonly owned and used by one angkot driver (so, majority of the drivers are also the owners of the fleets). The impact of the BRT operation on the job of angkot operators will depend on the overlap with the BRP line to be constructed – those angkot routes that significantly overlap with the BRP line will likely be cancelled, while those routes with smaller overlap will only be shortened, modified into feeder routes, or maintained, depending on the degree or overlap. Under this preliminary assessment, potential job impact on routes with 60% or higher overlap with the proposed BRT lines was assessed, because they have a higher chance of routes cancellation or modification. It is assumed that routes with 80% or higher overlap will be cancelled, leading to a job loss of angkot operators working on these routes, while routes with 60-80% overlap will see a loss of 50% of angkot operation jobs. This is a conservative assumption since it is expected that, based on the experience in other cities, 30-50% of angkot jobs would be lost with 60-80% overlap. Job impact 137 Medan—Preliminary ESIA for BRT Project of routes with smaller overlap was not assessed under this preliminary stage because the exact impact will depend on whether such routes will be modified or cancelled, and if the former, on how they will be modified. Project impact on the job of angkot operators will be more thoroughly assessed when the decision is expected to be made on which angkot routes would be cancelled, modified or maintained in February, 2022, based on the detailed technical and demand assessment. As Table 4 shows, it is expected that the BRT construction will affect the job of approximately 1,832 angkot drivers in Medan because angkot fleets in Medan are typically owned and operated by the same persons. As for support staff, like ticketing person, timers, and maintenance workers, the ‘ratio/ factor’ is applied to estimate the number of support staff per an angkot vehicle who may be affected. For instance, the ratio of 0.2 for maintenance referring to 1 individual worker maintaining five fleets. The similar ratio is applied to Timers and Ticketing staffs. Under this calculation, approximately 2,298 workers will be affected by BRT operation in Medan. This calculation is done under assumption of no mitigation measure in place. It is noteworthy that the actual number of angkot operators who will lose job will be smaller depending on how many routes are maintained and how many routes are modified under the 60-80% impact category, and on the way routes are modified. At the same time, income of angkot operators may decline even where jobs are maintained due to a higher competition among angkot operators and against the BRT. Table 4. Preliminary calculation of potentially impacted workers Impact Total Fleet 5137 Number of fleet impacted in 60% and greater overlap with BRT 1832 Number of routes impacted over 80% overlap 10 Number of routes impacted 60%-80 overlap 35 Drivers+ticketing satff impacted (per fleet) 1869 Maintenance staff (per fleet) 374 138 Medan—Preliminary ESIA for BRT Project Timers (per affected route) 55 Total number pf workers to be impacted 2298 NB: a factor of 1.02, 0.2 and 2 are applied to Drivers+ticketing staff, Maintenance staff and Timers, respectively. Assessment of impact under similar projects New BRT lines were recently built in two urban contexts in Indonesia, namely Jakarta BRT (in Jakarta) and Semarang BRT (in Central Java). These case studies are assessed briefly below to assess job loss impact under the project. TransJakarta Case In Jakarta, angkot owners merged to a cooperative. There are 10 cooperatives established in 2019 and worked as subcontractor under PT TransJakarta, using gross-cost contract, to provide first and last miles service for TransJakarta passengers. In other words, the cooperatives provide feeder bus service to extend the reach of TransJakarta BRT. The angkots are integrated with TransJakarta in term of service and payments. The Provincial DKI Jakarta government, through TransJakarta (a provincial state-owned enterprise), subsidize the angkots. In 2020, TransJakarta, Jakarta MRT, Jakarta Propertindo (property company of Jakarta government), and PT Moda Integrasi Transportasi Jabodetabek (holding company between Jakarta MRT and Greater Jakarta commuter rail) established a holding company called JakLingko. JakLingko integrates service and payment of TransJakarta buses (including angkots), Jakarta MRT, Jakarta LRT, airport rail, and greater Jakarta commuter rail. The chosen routes as priority routes for JakLingko system are minibus routes which overlap with TransJakarta corridor below 20%. From approximately 150 minubus routes in Jakarta, the DKI Jakarta Transport Agency prioritized 90 routes with a total of 8000 fleets which will be gradually integrated into the JakLingko system until 2022. Fleets under 5 years to join then those under 10 years old, Another criteria to choose priority routes (and thus integration of existing public transport operators) is the number of fleets for those routes, which indicate the business and passengers demand. 139 Medan—Preliminary ESIA for BRT Project Semarang BRT Case Scraping policy applied where existing public transport operator with at least 50% of overlapping were scraped and merged into a consortium. The consortium was then contracted (using gross cost contract) by BLU TransSemarang. Both in Jakarta and Semarang, negotiation processes with operators are deemed to be crucial stage in the public transport reform. City-level governments in both locations formed task force to implement the integration plan and highly recommend not to rush the process, which potentially will lead to protest from one party.[5] During negotiation, there might be a deadlock and a mediator is needed to try to find middle path for both parties. In JakLingko and TransSemarang cases, ITDP worked as the mediator and technical consultants that were worked with both parties to reach agreement. The report documented that the consultation and negotiation process were occurred intensively for approximately 1 to 2 years in Jakarta, Medan (still ongoing) and Semarang. The processes are including discussion with ORGANDA and operators, one on one meeting with operators, presentation of detailed integration plan to ORGANDA, and workshop to assist the Owners Estimate Calculation simulation. A more detailed information on consultation processes (how it goes and what are key concerns and questions), and lesson learned during integration, will be collected under the on-going assessment of angkot operation and included in the final ESIA. 4. Potential mitigation measures The Medan BRT Project will cause income and/or job loss to angkot drivers an informal-supporting workers (i.e. ticketing, maintenance and timers) as described above. To mitigate this impact, the government plans to 1) integrate angkot operators to be Feeder operators 2) consolidate angkot operators to support operation of BRT and 3) to provide employment opportunities and capacity development for angkot drivers to work for the BRT, either as driver or other technical/in site support. It is expected that, based on the experience in other cities, the BRT operation in Medan may create approximately 1,478 jobs (drivers, security officers, ticketing officers, maintenance officers, etc.). It is planned that, as is done in other cities, angkot drivers will be offered this opportunity, particularly for ones that loss their jobs. The project impact on jobs and income of angkot operators will be limited to those that directly arise from the BRT construction financed under the project because the project does not plan to undertake a city-wide reform or restructuring of the angkot industry. 140 Medan—Preliminary ESIA for BRT Project Table 5. Potential job opportunities under BRT Medan Numbe Fleet BRT r of Maintenan manageme Administrati Fare Stations/temi fleet drivers ce nt ve collection nal operations Total Factor 2.1 0.4 0.12 0.1 0.35 Meda n 412 866 165 50 42 145 210 1478 At this stage, there are several framework-level government plan options, including: a. Gradual angkot Reform Option: Inviting operators of all angkot routes which are impacted by BRT to become BRT operators by establishing consortium or other business entities within five to seven years’ time frame (gradually). A such, angkot drivers will be employed by the consortium to be the Feeder operator, as part of the BRT system. b. BRT Feeder Operator Option: Inviting all affected angkot operator to become BRT feeder operators (provide services from and to BRT stations) c. employment opportunities: Provision of employment opportunities in BRT operation for angkot drivers. The concrete mitigation plan options will be discussions and in consultation with the angkot drivers and public transport operators, and these options will be presented in final ESIA. 5. Engagement and Consultations to December 2021 To communicate the plan and potential risk and impacts on angkot drivers, we have conducted several engagement activities with potential project affected persons, including: Engagement activities Key stakeholders Feedback on the proposed project engaged 141 Medan—Preliminary ESIA for BRT Project Consultation during Street vendors along the Generally, the angkot owners and preparation of AMDAL route, angkot operators, drivers agree with the proposed document, 2018 angkot drivers integration of angkot into the BRT system. They are keen to understand the detailed plan and willing to Consultation during participate in the discussion/ planning preparation of the final process. business case, 2019 Consultation during Street vendors along the preparation of the preliminary route, angkot operators, ESIA, 2021 angkot drivers 142 Medan—Preliminary ESIA for BRT Project Public consultation inviting Key government agencies During project public consultation angkot drivers, public at provincial and city ORGANDA showed positive gesture transport operators’ levels, public transport towards the plan and are willing to be associations (ORGANDA) of operators in North engaged for further integration plan. Medan City, Deli Serdang, and Sumatera, Medan city, Binjai, and North Sumatera Binjai district, and Deli Province, and street vendors, Serdang city, angkot Several concerns from angkot drivers aside of other key drivers, and street and street vendors attended the stakeholders. Public vendors. consultation were: economic loss/ consultation was conducted in income reduction and income loss due 9 December 2021 in Medan. to construction of the BRT shelter/station and road expansion, and the output of the project (the existence of BRT and their routes), and lack of meaningful grievance system and mechanism during project implementation. This concern has been reflected and addressed in ESMF and SEP. Further consultation with Project Affected Persons will be conducted in April/May 2022, including to lay out and discuss some livelihood restoration options from GoI-AFD study on possible integration of existing angkot operators to BRT system. 6. Next Steps Planning 143 Medan—Preliminary ESIA for BRT Project The development and implementation of mitigation measures will be done in close consultation with and participation by angkot operators, angkot cooperatives, and angkot drivers. 1. During project preparation stage: The Government of Indonesia (GoI) with the support of AFD is currently undertaking an impact assessment of the routes and angkot operators and crew impacted by the proposed BRT. Preliminary results of the study will be available in December 2021 and final inventory in February 2022. Among the data collected are the estimated total number of angkot drivers who will be affected following the determination of the changes in angkot routes and the scale of impacts from complete job loss as a result of route cancellation to reduction of income due to change of angkot routes to where ridership is expected to be smaller. This impact assessment data will be presented on the final ESIA and other relevant documents. 2. During project implementation: After knowing the more precise impact on angkot drivers, there would be a follow up study on “Re-organisation and Integration Plan for Angkot operators into Mass Rapid System”, which will generate options for mitigation plans, including integration plans of angkot to BRT system and employment opportunities. This study will be conducted by the Project Management Consultant, which will be hired once the loan is effective. The objective of the study is to take lessons learnt from other cities in Indonesia and other countries on how to integrate the existing transport operators into the BRT system and how to potentially provide employment opportunities to affected drivers. The methods include consultation with the angkot drivers, angkot operators, and public transport operators’ associations (ORGANDA), including through sequence of workshop and Focus Group Discussions (FGDs). Detailed experience in angkot integration in other cities will also be collected. The study will propose an appropriate livelihood restoration plan for angkot drivers in Medan BRT. This mitigation plan should also consider employment opportunities for affected angkot drivers. Further, discussions with BRT operators and local government will be conducted to find potential mitigation measures for the angkot drivers that were not covered by the proposed mitigation measures (i.e. employment opportunities, integration to BRT system, etc.). The proposed mitigation measures will be consulted and agreed with the relevant parties before its implementation. These options for mitigation measures and feedback from consultation processes will be presented in the final ESIA. 3. Throughout the project cycle: The project will develop and operate a Grievance Redress Mechanism (GRM) designated to angkot drivers throughout project implementation. Specific GRM for angkot drivers will be designed in partnership with their cooperatives. 144 Medan—Preliminary ESIA for BRT Project References [1] https://jdih.dephub.go.id/assets/uudocs/permen/2019/PM_15_TAHUN_2019_Update.pdf [2]https://dpmptsp.pemkomedan.go.id/dpmptspwebaplikasi/modules/persyaratan_peraturan_izin. php?id_kat_download=1 requirements to register fleet as a public transport fleet in Medan: an identity card (KTP), driving license (SIM), the Tax-numbers (NPWP), and a referral letter of no record of drunk driving issued by the policy office. [3] In Indonesia, majority of angkot drivers are male. While the age group of angkot drivers are ranging from young adult (18 years old) to almost elderly (60 years), majority are male and graduated from primary, junior or senior high school (using proxy from Dishub Bandung data on driving licence issued for SIM A). [4] Photos were retrieved from local newspaper, Radar Sumut (2019). [5] Public Transport Reform Guideline for Indonesian Cities (2019), International Transport and Development Institute (ITDP). 145 Medan—Preliminary ESIA for BRT Project ANNEX II: Preliminary Socio-economic Analysis of the Planned BRT Route From public discussion in the past, the local government explained that they opted to develop the BRT line on an arterial road (which is wider) because it will be difficult to operate the bus on a smaller road. Arterial roads are usually the widest, but also the heaviest in terms of traffic. In relation to land use, it is fair to say 90% of the building along the Medan BRT line is a commercial building, consisting of shophouses, restaurants, and offices. The residential areas are located ‘behind’ these land uses, not along the arterial road. The access from residential to the arterial road is served by what we call collector road. Along the BRT line, except the area in the vicinity of the city center (Merdeka square, etc.), all are similar. In the picture, grey polygons illustrate where the residential areas are. The area near Merdeka Square is dominantly used for commercial and office developments. Below I summarize the existing condition of the route. It is presented in segmentation. 146 Medan—Preliminary ESIA for BRT Project No. Screenshot Remark 1 Southbound from Pinang Baris This section is a two-directional road, split by a median. There are two lanes in each direction and many shophouses. The green shows ‘Simpang Kampung Lalang’, which is one of the busiest intersections in Medan, where Angkots tend to stop and wait for passengers. There is very high traffic and long queues during rush hour (before the pandemic). 2 No. 1 in the picture Two directional road, split by a median. There are two lanes in each direction. The road is fairly diverse—shophouses, warehouses, small stores, restaurants, a department store (lotte), and a military command base are positioned here No. 2 in the picture A two-directional road, split by a median. There are three lanes in each direction. Mostly public (gov) offices, combined with private offices, small-medium stores, and restaurants occupy this road withshophouses. On this road, there is a city icon area called ‘PRSU’ where big events are normally held. One lane from 20-30% of this segment is commonly used as on-street parking. Road segments 1 and 2 in the picture are the main connection to Binjai city (west) from Medan city center. The green indicates‘Simpang Amal-Ringroad’, which is also quite busy during rush hour—very high heavy truck traffic, because it connects to Belawan port through the north direction. It is also the secondary access (other than pinang 147 Medan—Preliminary ESIA for BRT Project baris) for people from South of Medan going to Binjai city (west). 3 This segment is Gatot Subroto road, one of the busiest roads in Medan. It’s a two-directional road split by a median with three lanes for each direction. A lot of business places, shophouses, restaurants, offices, a few hotels, supermarkets, schools & universities occupy this road. Practically, one lane from 70-85% of this segment is used as on-street parking. So, only two lanes are effectively used for traffic. The green indicates‘Simpang Tomang/Sikambing’, also a busy intersection during rush hour withery high private car and motorcycle traffic. The orange block is a busy central traditional market. 148 Medan—Preliminary ESIA for BRT Project 4 For southbound, it cannot go along the blue line because it is one-directional road. Therefore, it goes along the orange line no 1-2-3 (green). Green-1 is a two-directional road with two lanes per direction, split by a median. There is a 50-50 ratio of residential buildings and shophouses. There is also a traditional market here. Green-2 is a much narrower road, with only one lane per direction. Even if the route follows the red line, this is still one lane per direction. It was not possible to follow the detailed route from the AMDAL report, but these are the only ways based on the listed bus stops. Green-3 is a much wider road. It is a one-directional road with four lanes. The land use only comprises mostly small stores and shophouses. However, it will be an issue for bus to turn left and turn right at the roundabout, especially during high traffic Yellow-4 is a one-directional road with three lanes effectively in use. 95% of businesses are in the form of shophouses. Yellow-5 is also a one-directional road but is divided with a median wall into two roads—a one-lane and three-lane road and is equipped with a pedestrian sidewalk. The governor’s and mayor’s offices are located here. A mall is next to them. A hotel and meeting hall building are also here. It has quite busy traffic during rush hour, and public protests happen here quite often. 149 Medan—Preliminary ESIA for BRT Project 5 The road segments indicated by red and pink ellipses are one-directional roads. The red one has six lanes (divided two by four with a median). Land use is only on 2—a large mall and shophouses. There is no adjacent dedicated residential area. There is very high traffic during rush hour, and also weekends. Pedestrian sidewalk is moderately available. The pink one has four lanes. Land use is shophouses, restaurants, and large superblock apartment complexes. A pedestrian sidewalk is moderately available. It has medium traffic. There are long queues only at the roundabout/intersection because of the traffic signal time. 6 The detailed route for this segment is not clear for me. I took an estimation based on a possible way of driving. Overall, road segments in this area for the route are fairly wide, given that most of them are one-directional. However, as far as I know, this is a city heritage area. For example, the green markings indicate historical sites, which are partly being used for offices, stores, or hotesl currently. A pedestrian sidewalk is available, but not completely seamless. Specifically, I want to inform you that the area in purple is ‘Kesawan City Walk’. This is a new tourism landmark developed by the newly appointed mayor. The road is closed at night between 6 pm to 12 am, and dedicated to recreational spots. Currently it is closed due to Covid-19 protocol, but the development still continues (https://www.instagram.com/p/CPZksJqtiGF/). As we can see, the blue line is actually on Kesawan City Walk, which might be an issue. Route diversion might be needed during the city walk operation time. 150 Medan—Preliminary ESIA for BRT Project It’s important to note that traffic is quite high for both southbound and northbound routes specifically in this area. This is the city center (downtown). Sometimes, congestion occurs outside the rush hour. 151 Medan—Preliminary ESIA for BRT Project 7 Jl. Sisingamangaraja is a long arterial road. It’s a two-directional split with a median with three lanes per direction. Land use varies, and the variation is consistent from one end to the other, comprising shophouses, restaurants, schools/universities, and some offices with very few tall buildings. Residential area is located behind this land use. Access is given by a collector road. In hierarchy, the artery is the highest, then followed by the collector. Green-1 In this segment, the pedestrian sidewalk is still available to some length since it is still near the city center. On-street parking is low. Green-2 In this segment, the pedestrian sidewalk is well equipped only near the intersection. Other than that, sidewalks are used by shophouses or stores as part of their stores, on- street parking space, etc. In practice, three lanes per direction may become two lanes. Traffic in Jl. Sisingamangaraja is usually high. This is the main access used by people to enter both the interprovincial Toll Road (Amplas Gate) and adjacent city: Lubuk Pakam of Deli Serdang Regency (east). At the end of this segment, there is also a central traditional market (black circle) ‘Pasar Pagi Simpang Limun’. This market at certain hours could take two lanes of the road, which leave only one effective lane for vehicles to pass, especially during morning hours (4.30-9 am). 152 Medan—Preliminary ESIA for BRT Project 8 This is my last segment of Jl. Sisingamangaraja. Green-1 Still two directions, split with a median, with three lanes per direction. However, in some parts, there are effectively only two lanes because of on-street parking. Land use is quite similar: shophouses, and some stores/restaurants, and schools/universities, and a few offices. A pedestrian sidewalk is available along the road, but cannot effectively be used. Stores use the sidewalk for their business and some use it for parking, etc.—not seamless. Green-2 Also two directions, split with a wider median, with three lanes per direction. Land use is mainly private transportation (bus) services and a car showroom, combined with some stores and restaurants. There are no tall buildings. Important to note: the government completed road widening and pavement reconstruction in 2019. Now, it has a pedestrian sidewalk (although not seamless due to parking), and a wider area for large bus traffic. Traffic is quite heavy during rush hour, especially after officehours (4-8pm). This is the main exit from Medan to enter Deli Serdang (east). 153 Medan—Preliminary ESIA for BRT Project 9 Terminal Amplas Both terminals are classified as Terminal Class-A. To be a Class-A, both terminals must fulfill several criteria such as: ● High Demand: -/+ 1000 bus departures/arrivals ● Wide range of service: intracity, intercity, interprovincial, and country border transport. ● Minimum of 420 served routes ● Minimum facility requirement, etc. Terminal Pinang Baris Both terminals are being invested in by the local government of Medan to undergo expansion and enhancement. The details of the expansion planning are not clear to me. My source is a news article and the Dishub website. 154 Medan—Preliminary ESIA for BRT Project ANNEX III: Assessment of Potential Environment Impacts of the BRT Proposed Activities Environment. Implementation of the activities will be positive and urgently needed, especially for transportation system improvement in Medan city, The BRT activity plan include construction station, Depot and pedestrian also corridor improvement. The potential positive and negative impact will be occur on pre-construction phase are as follows; a. Social and community unrest due to construction activity plan of BRT Medan; mitigation action are: ● Consultation with project-affected peoples (PAP) regarding the planned BRT development activities, construction methods that will be carried out in commercial areas which crowded and the impacts that will arise and mitigation measures will be carried out as well as the benefits of the project for the public ● Recruitment of workers is carried out transparently ● Involvement of local workers is included in the employment contract ● Wages according to the Provincial minimum wage (UMP) and included National health care (BPJS) b. Loss of assets of PAP due to their land be used for Terminal or Depot location in Belawan, Tembung, Tuntungan and Percut Sei Tuan, mitigation will be implemented is compensation and other assistance for loss of assets and land acquisition; Consultation and information dissemination to project affected people. The potential negative impacts are expected will occur especially on project construction phase are as follow; a. Public Unrest and Conflict. Public unrest and conflict will arise if the project does not accommodate local workers and not provides standard wages and workers are not given the right to health in accordance with applicable regulations. Recruitment for labor by prioritizing local workers should include in the contract. b. Disturbance of archaeological / cultural relics due construction BRT station and pedestrian especially around Lapangan Merdeka there are several historical buildings found. The mitigation action for disturbance of archeological is design of station and pedestrian avoiding historic building and is temporarily stopping all activities if archeological and cultural remains are found in the location of works. Furthermore, it will be coordinated with the local government and Archaeological Heritage Preservation Center of Medan City. The mitigation referring to Regional Regulation/Perda No. 2/2012 155 Medan—Preliminary ESIA for BRT Project on the Preservation of Cultural Conservation Buildings and/or Environments. The regulation regulates the determination, preservation, protection, maintenance, utilization, restoration, restoration of cultural heritage buildings or environments. c. Environmental, Social, Health and Safety (ESHS), labor influx and Gender Based Violence (GBV), and violence against children (VAC) provision . The issue of labor influx and GBV/VAC may need to be assessed when the proposed civil works is located in areas with inhabitants exist and where non-local labors likely to be mobilized. Refer PP 50/2012 concerning the Implementation of Occupational Safety and Health Management Systems and Decree of Minister of Public Work No. 05/PRT/M/2014 concerning guidelines for occupational safety and health systems (SMK3) in construction of public works as a reference increases the effectiveness of planned, measured, structured and integrated occupational safety and health protection, preventing and reducing work accidents and occupational diseases. Mitigation for occupational health and safety issues on construction activity are Implement of ten golden rules to prevent work accidents such Work permit required; minimal standard of Personal protective equipment (PPE/APD); Work safety at height (more than 1.8 m full body harness required);Life Jacket required; working on and near water (min 1 m from the edge); Does not approach the heavy equipment in operation; Does not stand and walk under lifting area; Electrical work tools are inspected and labeled; Conduct daily toolbox meeting/prestart briefing; Scaffolding according to inspection procedures and labeled; housekeeping improvement at base camp and training of HIV-AID awareness to labors. d. The source of noise is mainly come from heavy vehicles activity and machines equipment due construction of BRT station near school (UISU, university and masjid Jami) the mitigation action is the project used heavy Equipment using standard muffler Install barrier yellow line or iron fence ± 2m height around construction location and regular maintenance of vehicle engines and not using noisy exhausts and has passed the emission test. e. Air quality deterioration could be caused by emission of construction machines (truck, car, motor cycle), operation of machineries assumed to generate more air pollution but not significant. Dust pollution that comes from mobilizing heavy equipment and transporting materials from the stock yard/base camp to construction sites and road recondition using concrete more caused air/dust pollution at project location and surrounding the mitigation action are Use of masks for workers and Covering truck of material with tarpaulin, Clean the tires of material transport vehicle before exit from base 156 Medan—Preliminary ESIA for BRT Project camp and Using a vehicle of transporting materials and equipment that has passed emission test. f. Soil contamination and Water quality deterioration may be caused by soil works, spilled diesel/oil at base camp or Depot areas. Soil works may generate turbid water and sedimentation in water body. In addition, spilled diesel/oil could occur due to negligence, misconduct and or accident, and may pollute into soil and water. Furthermore, the soil pile may be sensitive to be washed away by storm water when it rains. The storm water that containing much soil sediment will be drained and pollute into water body in surrounding areas. The operation of the base camp and Depot will potentially cause soil contamination and may cause contamination of water bodies outside the base camp due to spilled diesel from diesel tanks that are not equipped with roof and oil trap, no rain drainage at base camp areas, poor sanitation due to no trash bin and temporary storage of hazardous and toxic waste (TPS B3). Mitigation action as follow: ● Provide a temporary storage place (TPS) of hazardous waste at the base camp location, this hazardous waste temporary storage place should be completed with licensed Hazardous waste such as ex oil, ex batteries, accu, TL lamps etc. are stored in TPS for a maximum of 90 days to be sold to third parties. ● Storage of fuel tank completed with oil trap and roof also drainage from fuel tank do not mix with rainwater drainage. ● Create a sedimentation pond/silt barrier with a depth of 0.50 x 0.50 at base camp location to accommodate mud/soil aggregates carried by rain water to the receiving water body and domestic wastewater management by using mobile latrine ● Organize housekeeping campaign for all working areas involving all workers to improve site environmental performance. Behavior change is the key. An opportunity to apply reward and punishment. ● The design of station (Belawan and Lapangan Merdeka etc) and BRT corridors should consider for the flood-prone areas/points therefore necessary street inlet and drainage system will be included. ● At depots: pre-treatment of wastewater (grease trap and dissolved air flotation) should be installed to treat wastewater before discharge to the surface water. ● Transport the residual of construction materials from the work site immediately and clean up spilled soil at the construction site. 157 Medan—Preliminary ESIA for BRT Project ● Follow the requirements in environmental documents (RKL-RPL/UKL-UPL/SPPL) for toxic and hazardous waste management (temporary storage permit and disposal) and WB Environment and Social management Framework (ESMF). g. Construction of station, BRT corridors and pedestrian will limit access to the business, office and residential areas (Jl. Wilem Iskandar, Pasar Limun, Simpang Lalang, Jl.Pancing UNIMED, Jl. Hanafiah Belawan) . In this case, the project will provide temporary access and facilities to reduce the impact and to facilitate access by the pedestrians, buying public and shop owners and provided signages that inform the public and motorists on safety precautions and rerouting schemes. h. Construction of station, BRT corridors and pedestrian will Losses of parking space and street vendors at the construction site, mitigation action will be taken are Local government provides new parking areas near parking areas existing and priority for short term parking and provide a representative place of business, government partnerships and street vendors. i. Loss of trees along median & road side for station location the mitigation action are Replanting tree’s at station surrounding. will be based on their age, productivity and present commercial value, per recommendation by local environmental/mayor office or the design of BRT station avoid cut of trees in median j. Temporary loss of land for temporary work stations storage of equipment and material construction; the project should mitigate the impact with Lease or rent to the owner on the agreed period of using the land based on prevailing rental cost and agreement with the land owner, Provide organic, non-organic and B3 waste bins at construction sites, Conduct regularly watering in the dry season at construction site and Restoration of the land to its original condition, or better, prior to its return to the land owner. k. Construction of station, BRT corridors and pedestrian will be impact to Disruption of business PAP at construction site, the mitigation action is the project should conduct consultation with the APs, the Local government will assist in locating for temporary small business operation and facilitate for their transfer before the started construction. l. Mitigation for Residual Impact such as road damage, construction waste and soil contaminated on commissioning phase are will be conducted the roads reconditioning is better to existing conditions; construction waste is transported to disposal area or landfill areas with license and clean up scattered diesel fuel, put it in the drum and collect in the temporary storage of hazardous waste (TPS) then will be sell to a licensed third party. The potential positive and negative impacts are expected will occur on operation phase are as follow; 158 Medan—Preliminary ESIA for BRT Project a. The operation of BRT Medan will caused job Opportunities and business, the operator of BRT buses should be prioritize local workers by 60% of the local population, the number proportional as the needs and expertise and provide opportunities for the growth of the informal sector for the community such as stalls, kiosks, restaurants, store around the project location b. The mitigation of Environmental aesthetic degradation at station, buses and Depot location are provide organic, non-organic and hazardous waste (B3) trash bins for employers and visitors and transported by a 3rd party, (Medan City Cleanliness Agency) and replacement of used batteries, oil and oil filters is carried out at the depot then keep at the storage of hazardous waste (TPS B3) to be transported in cooperation with a licensed 3rd party. 159 Medan—Preliminary ESIA for BRT Project ANNEX IV: TOR for Finalizing ESIA 1. Description The Government of Indonesia (GOI), through the Ministry of Transport (MoT), with support of the World Bank (WB), intends to create an Indonesian Mass Transit Project (MASTRAN) to increase financial, technical, and institutional capacities of subnational government (SNGs) to plan, implement, and manage public transport. This project is in line with the Medium-Term National Development Plan (RPJMN) for 2020-2024, which has targeted mass transit development in six metropolitan areas, namely Jakarta, Surabaya, Medan, Bandung, Makassar, and Semarang. All projects supported by WB financing are subject to the policies on environmental and social risk management. The MASTRAN will support preparation of environmental and social assessment documents along with preparation of Feasibility Study (FS) as described in component 1. This annex provides a simple framework that will help project implementers to conduct an environmental and social assessment and mainstream environmental and social considerations early in the project. By law, Government Regulation No. 27 of 2012, every business and/ or activity that creates significant impacts on the environment must have an EIA (AMDAL or UKL-UPL) which also includes an Environmental management and monitoring plan RKL/RPL, to get the Environmental Permit prerequisite for obtaining a business and/ or activity permit. Based on the Minister of Environment and Forestry Regulation No. P.38/MENLHK/SETJEN/KUM.1/7/ 2019, some transportation development might require AMDAL. From the MASTRAN project specifications, it is concluded that the projects will require AMDAL for the environmental permit process. The project will support preparation of the ESMF for MASTRAN suggests some criteria and inclusions that need to be considered to complete the assessment. 2. Scope Following the Minister of Environment Regulation No. 16 of 2012 and the WB ES requirements, the ESIA work will include at least the four following documents: Indonesian Specification WB ESIA requirements Reference Framework (KA-ANDAL—the Includes project description and boundary and methodology of the study and individuals/organisations who contributed to scooping), the social and environmental assessment; Environmental Impact Analysis (ANDAL—the in- Includes Project Description, Baseline Data, depth study of the major and significant Legal and institutional framework, impacts of the planned activity, impacts environmental and social risks and impacts, Mitigation measures, Analysis of Alternatives and Design measures. References; record of 160 Medan—Preliminary ESIA for BRT Project assessment, management, and mitigation meetings, consultations, FGDs; tables of data measures), that might be summarized in the main text. Environmental Management Plan (RKL—the Measures and actions for the environment and plan of efforts to handle the major and social commitment Plan (ESCP) significant impacts), Environmental Monitoring Plan (RPL—the Measures and Actions for the environmental monitoring plan of the environmental and social commitment Plan (ESCP) components that are affected by the major and significant impacts). - Social and economic assessment and proposed mitigation measures for the identified socio- economic impact on Project Affected Peoples (PAPs) To ensure that the supplementary ESIA covers both the Indonesian and WB requirements for ESIA below criteria are highlighted that go above the required AMDAL and describe where this additional information would sit in a supplementary ESIA or as part of the AMDAL: 1. Introduction ● Objectives: in addition to the regulated AMDAL objective, include the positive social benefits for the inhabitants that live and/ or work in the area, besides the environmental and economic benefits. (ESS2 Labor and working condition) and [ESS4 Community Health & Safety]; and ● Study implementation: involve a social specialist in the research team, to expand the social assessment conducted on angkot operators (presented in Chapter xx of this preliminary ESIA) and finalize mitigation measures in consultation with angkot operators affected by the project (ESS1 Assessment and Management of Environmental and Social Risks and Impacts); involve an HSE expert in the researcher team, to have a detailed examination of the safety aspect of the planned activities. [ESS2 Labor & Working Conditions; ESS4 Community Health & Safety]; involve a local social-cultural expert in the researcher team, to have a detailed examination on the social implications of the planned activities, including impacts on gender and indigenous peoples. [ESS4 Community Health & Safety; ESS5 Land Acquisition, Restrictions on Land Use & Involuntary Resettlement; ESS7 Indigenous People; ESS8 Cultural Heritage; ESS10 Stakeholder Engagement & Information Disclosure] ● Cover data collection methodologies for impacts mentioned in the ANDAL part suggestions. 2. In the Study Boundary section 161 Medan—Preliminary ESIA for BRT Project ● There must be careful social boundary determination since this will affect the identification of affected groups and the communities that need to be consulted. An IP location map will be needed; to be overlaid with the project activity map [ESS4 Community Health & Safety; ESS5 Land Acquisition, Restrictions on Land Use & Involuntary Resettlement; ESS7 Indigenous People; ESS8 Cultural Heritage; ESS10 Stakeholder Engagement & Information Disclosure];. ● Existing condition and social economic impact assessment: further refining the data from preliminary social assessment on socio-economy-cultural existing conditions and the impact from the project to PAPs (e.g. angkot/ becak/ bentor drivers, timers, ticketing and maintenance of angkots, informal vendors/wet market, cultural heritages, indigenous people, gender, other vulnerable groups). [ESS4 Community Health & Safety; ESS5 Land Acquisition, Restrictions on Land Use & Involuntary Resettlement; ESS7 Indigenous People; ESS8 Cultural Heritage; ESS10 Stakeholder Engagement & Information Disclosure]. This includes the determination of the scale and scope of impact on angkot operators (including drivers, timers, ticketing and maintenance workers) due to the project based on the assessment conducted in the preliminary ESIAs.; ● Community concerns and aspirations: be attentive to the feedback related to occupational/ economic concerns, esp. current transportation service providers. [ESS10 Stakeholder Engagement & Information Disclosure]; This include consultations in the proposed mitigation measures with PAPs. This includes concerns and aspirations of angkot operators as a result of BRT constructions under the project. 3. Analysis of alternatives and of hypothetical impacts: Final ESIA should include the assessment of social economic impact of the Project on PAPs. Project Affected Persons on final ESIA should cover angkot/ becak/ bentor drivers, timers, ticketing and maintenance of angkots, informal vendors/wet market, and other informal economic sector workers. All alternatives proposed to mitigate the socio-economic impacts on PAPs, such as angkot drivers, informal workers within, and public transport operators, should be presented and consulted with the respective PAPs. 4. Environmental and Social Risks and Impact Section Ensuring that the ESIA contains the following studies/ assessments to meet not only Indonesian but also WB Environmental and Social S tandards (ESS). The contractor will have to provide a strip map with detailed mitigation measures at interval of 100 m, and the map has to be approved by the supervision consultant prior to civil work commencement. Strip map of Medan BRT is included in ANNEX V. Environmental Assessments: in addition to the regulated AMDAL scope, ensure inclusions as follows: Baseline: 162 Medan—Preliminary ESIA for BRT Project ● GHG emission before the project implementation) of the related cities/regencies, and/or provinces, in each project site. [ESS3 Resource Efficiency & Pollution Prevention & Management; ESS4 Community Health & Safety] ● Traffic baseline analysis [ESS2 Labor & Working Conditions; ESS4 Community Health & Safety; ESS8 Cultural Heritage] ● Identification of opportunities for greening: Identify areas for creating green spaces along the corridors and feasibility to have bicycle lanes. ● Detailed hazard map around the project sites. [ESS3 Resource Efficiency & Pollution Prevention & Management] Construction stage: ● A traffic flow analysis for the construction stage. [ESS4 Community Health & Safety] Social Impact Assessments: Baseline ● Mapping of sensitive receptors: a detailed mapping of sensitive receptors along corridors and surround areas of all ancillary and associated facilities. The sensitive receptors include: Schools, hospitals and clinics, temples and other religious buildings, historical buildings, green areas, informal economic activities, safety hotspots. For each sensitive receptor assess significance of impacts and propose site specific mitigation measures. ● Economic and social conditions of the potential Project Affected People (PAPs), for instance angkot drivers operators’ net income, working hours and working conditions, ownership of productive assets, household structure, and capacity to find new employment (i.e. educational backgrounds, skill sets background, etc). ● Modelling on how the proposed project activities may impact the above-mentioned groups on their socioeconomic conditions (how many will lose jobs? How many will likely have less earnings due to significant overlap with the BRT system? How many will likely be employed in the BRT service operation?) and what are the mitigation options and plans. ● Mitigation options and plans must be discussed and consulted with angkot drivers and other PAPs. The final mitigation plan will be presented in ESIA. Construction and Operation Socio-economic analysis: ● Identify who are the vulnerable groups and emphasize also the socio-economic-cultural conditions (e.g. angkot/ becak/ bentor drivers, informal sellers/ market, cultural heritages, 163 Medan—Preliminary ESIA for BRT Project indigenous people, gender, other vulnerable groups).: net income, working conditions, adaptive capacity (i.e. to what extent these groups are able to tap into employment opportunities from the BRT system and/or from outside?); impact on jobs and income depending on the modified angkot routes and the size of operating fleets. ● labour aspects including a potential influx of migrants and gender context t[ ESS2 Labor & Working Conditions; ESS4 Community Health & Safety; ESS5 Land Acquisition, Restrictions on Land Use & Involuntary Resettlement; ESS7 Indigenous People; ESS8 Cultural Heritage; ESS10 Stakeholder Engagement & Information Disclosure] ● COVID-19 related impacts. [ESS2 Labor & Working Conditions; ESS4 Community Health & Safety] ● Specifically on Community Health and Safety, pedestrian safety issues need to be addressed along the corridor and reporting structure in case of fatalities. ● Land acquisition and resettlement, incl. building demolition risks, consultations processes [ESS5: Land Acquisition, Restrictions on Land Use & Involuntary Resettlement], and Induced impact analysis: changes in land use, gentrification, and required adjustment in any urban land use plan ● Indigenous Peoples Assessment: If indigenous communities are within the project boundaries, an IP location map will be needed to be overlaid with the project activity map. Further, it should include an in-depth assessment of the nature and degree of the expected direct and indirect economic, social and cultural impacts on indigenous people regarding the BRT corridor construction. [ESS7 Indigenous People] ● Heritage Analysis: Impacts on cultural heritage from project activities. [ESS8 Cultural Heritage] ● Include the positive social benefits for the inhabitants that live and/ or work in the area, besides the environmental and economic benefits. [ESS4 Community Health & Safety] ● Social and economic impact assessment of angkot drivers, women from low income households who are relying on livelihoods from the street/ wet market/ angkot operation and other vulnerable groups. [ESS4 Community Health & Safety; ESS5 Land Acquisition, Restrictions on Land Use & Involuntary Resettlement] ● Potential risk of Sexual Exploitation, Abuse & Harassment (SEAH) and its mitigation measures and the proposed fast-(survivor centred) response if incident occurs [ESS2 Labor & Working Conditions; ESS4 Community Health & Safety; ESS10 Stakeholder Engagement & Information Disclosure] Besides Social and Environmental impacts also cumulative impacts should be assessed, according to the IFC/ World Bank Group criteria. 164 Medan—Preliminary ESIA for BRT Project Social Impact Assessments: Pre- Construction Construction Operation Social Components Phase Phase Phase Community health and safety v v Occupational health and safety v v Impact on livelihoods (socio economic v v v conditions) Land acquisition and involuntary v resettlement Influx of workers v v Cultural heritage v v Indigenous People v Gender and disability v v Sexual Exploitation, Abuse & Harassment v v v (SEAH) Traffic v v 5. Develop inputs for the Environmental Management Plan (RKL): ● GHG emission mitigation measures. [ESS3 Resource Efficiency & Pollution Prevention & Management] 165 Medan—Preliminary ESIA for BRT Project ● Development and implementation of Construction Management Plan; reduces impact to groundwater and risk of land subsidence and flooding; reduces noise and vibrations as well as traffic. [ESS2 Labor & Working Conditions; ESS4 Community Health & Safety] ● Run-flow and drainage plan. [ESS4 Community Health & Safety] ● Development and implementation of Stakeholder Engagement Plan (SEP); incl. Livelihood Restoration Plans (LRP). [ESS10 Stakeholder Engagement & Information Disclosure] ● Development and implementation of Land Acquisition and Resettlement Action Plan (LARAP), incl. Livelihood Restoration Plans (LRP). [ESS5: Land Acquisition, Restrictions on Land Use & Involuntary Resettlement] ● Development and implementation of grievance mechanisms. [ESS5: Land Acquisition, Restrictions on Land Use & Involuntary Resettlement; ESS10 Stakeholder Engagement & Information Disclosure] ● Development and implementation of Heritage Impact Assessment (HIA) measures. [ESS8 Cultural Heritage] ● Traffic management plan during construction. [ESS3: Resource Efficiency & Pollution Prevention & Management; ESS4 Community Health & Safety] ● Development and implementation of a labor-management plan. Check on the primary supply workers to avoid potential labor problems (risks of child labor, forced labor, and serious safety issues may arise in relation to primary suppliers). [ESS2 Labor & Working Conditions] ● Include plans on how to avoid sexual exploitation, abuse & Harassment [ESS2 Labor & Working Conditions; ESS4 Community Health & Safety] 6. Inputs for Environmental Monitoring Plan (RPL): ● GHG emission inventory (after the project implementation) of the related cities/ regencies, and/ or province, in each project site; to compare it with the baseline data for measuring the impact of the project implementation. [ESS3 Resource Efficiency & Pollution Prevention & Management; ESS4 Community Health & Safety] ● LARAP monitoring, incl. LRP monitoring. [ESS5: Land Acquisition, Restrictions on Land Use & Involuntary Resettlement; ESS10 Stakeholder Engagement & Information Disclosure] ● Grievance mechanisms monitoring. [ESS5: Land Acquisition, Restrictions on Land Use & Involuntary Resettlement; ESS10 Stakeholder Engagement & Information Disclosure] 7. Inputs for social mitigation plan for angkot operators. 166 Medan—Preliminary ESIA for BRT Project ● In close partnership with the Consultant team who carries out a broader study on angkot operation, expand the social assessment included in the preliminary ESIA to include: o Detailed description of angkot routes to be cancelled, modified or maintained during the BRT operation phase and expected fleet size based on demand estimation. o Detailed description of the scale and scope of impact on the job and income of angkot operators. The impact should be quantified to the extent possible. o Impact mitigation measures developed in consultation with angkot operators. o Consultative processes conducted with angkot operators for risk assessment and development of mitigation measures o Monitoring mechanisms and feedback loop. 8. Information Disclosure, Consultation, and Participation as part of AMDAL/ESIA process ● Stakeholder engagement. More attentive to the feedbacks related to social and occupational/ economic concerns and impacts, esp. current transportation service providers and angkot drivers. [ESS10 Stakeholder Engagement & Information Disclosure] Particular attention will be paid to engagement with angkot operators. ● All proposed mitigation measures should be consulted with angkot drivers and/or other PAPs that will be significantly negatively affected by the Project (both construction and output). ● Consultations with PAPs should be recorded and be reflected on the final ESIA ● The assessment team will initiate consultations as early as possible. For Category A projects, the assessment team, on behalf of GOI, will consult these groups at least twice (a) during environmental scoping, as stated in Section 3.1, and before the terms of reference for the ESIA are finalized; and (b) once a draft ESIA report is prepared. Each of the two public consultation meetings will be advertised, in the national newspaper(s), and the Consultant should include in his financial offer the cost of two newspaper announcements, and two venues for the meetings. Serious consultations with the people in the project area and others that may be affected are an essential part of the ESIA and should be documented in the report. The process of consultation will cope with the requirements of the World Bank ESS 10. 3. Coordination The Assessment team will coordinate with the client, the Ministry of Transport (MoT), the World Bank, and the engineering design team hired by the client to ensure fulfillment of the ToR requirements as outlined above. The client will facilitate initial contacts with each agency and should be invited to all subsequent meetings with MoT and the Bank so that they have the opportunity to attend. It is anticipated that the MoT will assist the consultants in identifying appropriate permit requirements. 167 Medan—Preliminary ESIA for BRT Project Coordination with the engineering team is extremely important to ensure that the environmental and social impacts and risks are considered in the final road designs. This coordination is also necessary to ensure that ESIA contains detailed information on the designs. The ESIA Consultant also needs to communicate with the consultants undertaking the involuntary resettlement work. Selection Criteria- Team of experts This assignment is expected to require around 6 staff/months of key staff and to be delivered over a 12 months’ period. It is expected that the assessment tam would establish a strong core team of specialists. It is envisaged that an experienced environmental or social specialist would serve as the ESIA Project Team Leader. The assessment team should complement the skills of the core team with other social, environmental, technical, and institutional specialists with experience in Romania and/or internationally. Ideally, the social specialists will have previous experience working with the World Bank’s social requirements and prior experience in developing a RAP. The team is expected to provide pragmatic and insightful planning to complete the above scope of work. Furthermore, based on the Minister of Environment Regulation No. 16 of 2012, the AMDAL team should have AMDAL certification (KTPA for the team leader and minimum of two members certified). The assessment team shall propose and justify the range of disciplines to be included in the core Project team and the complementary skills of other short-term specialists. The inputs of all specialists shall be clearly indicated as it is anticipated that the majority of the work program would be carried out by individuals highly experienced in their professional fields and aligned with the tasks assigned. Primary skills and specialties of the team are suggested below: 1. Team Leader(Senior Environmental or Social Scientist / Road Engineer / Civil works engineering / Hydrotechnical engineer) - with at least 10 years of international professional experience in environmental and/or social assessment of projects, with proven records of managerial experience in projects of a similar nature and magnitude; ability to work with government officials, transport/road and environmental specialists, familiarity with environmental and social assessments for equivalent size projects, and a proven track record in managing and coordinating a diverse group of professionals; and AMDAL certified (KTPA). The team shall include specialists who are highly familiar with specifying detailed mitigation measures, focused training programs, and structured monitoring programs. The entire proposed Project Team should be able to cover the areas listed below: List of Suggested Specialists: 168 Medan—Preliminary ESIA for BRT Project Key Specialists ● Environmental specialist; ● Road/ Bus engineering; ● Biologist ● Environmental health and safety; ● Social Development Specialist. Non-key specialists ● Emissions and dispersion specialist; ● Terrestrial ecology/ natural habitats/ forest habitats specialist; ● Biologist; ● Geologist; ● Hydrotechnical engineer. The Consultant team could include other specialists. The assessment team shall layout individuals to participate in specified roles within the Project Team and provide full curricula vitae and any other information considered relevant by the Assessment team. The assessment team shall name the Project Leader, and the other core team members, and key short-term specialists, and provide an assurance that all members of the proposed team will be made available as specified in the proposal. The team members should have experience in the environmental assessment of large-scale infrastructure projects, preferably in Indonesia, and must have familiarity with the World Bank requirements and guidelines. The assessment team should have experience in social and environmental studies and be fully familiar with World Bank E&S policies, as well as other related guidelines and procedures. The key specialists should have at least 5 years of experience in complex ESIAs (EIA for similar projects will be an advantage), and the short- term key specialist should have at least 3 years of experience in the field study required. N Key Expert Minimum qualification and experience o 1 Team Leader The candidate should have a master degree or upper-level degree in environmental or social science, engineering sciences (road construction, 169 Medan—Preliminary ESIA for BRT Project civil works, or hydrotechnical) with minimum of 10 years of international professional experience in environmental and/ or social assessment of projects, with proven records of managerial experience in projects of a similar nature and magnitude; AMDAL certified (KTPA) is a must. 2 Bus engineering The candidate should have a bachelor's degree in engineering sciences (road and public transport construction) and have 5 years of experience in complex ESIAs (EIA for similar projects will be an advantage); preferable AMDAL experience. 3 Environmental The candidate should have a bachelor's degree, be registered for EIA study, risk assessment and to have 5 years of experience in complex ESIAs (EIA for similar projects will be an advantage); AMDAL/ESIA certified. 5 Environmental The candidate should have a bachelor's degree and have 5 years of health and safety experience in complex ESIAs (EIA for similar projects will be an advantage); Preferable AMDAL Experience. 6 Local social- To join the researcher team, candidates should have the capability to cultural expert conduct a detailed examination of the social implications of the planned activities in West Java and North Sumatra; preferably AMDAL certified. 7 Social The candidate should have a bachelor's degree in Social Science and have 5 Development and years of experience in complex ESIAs (EIA for similar projects will be an Safeguards advantage); AMDAL experience. Specialist 8 Assistant The candidate should have taken AMDAL training in institutions registered in the Ministry of Environment; AMDAL experience will be an advantage. The duration of the services by the individual experts should be clearly defined in the assessment teams’ proposal and verified in the Inception Report. The assessment team is expected to make full use, where possible, of appropriately qualified local staff, and work closely with and transfer knowledge to the Client staff. The assessment team will be required to provide its own computers, printers, and office supplies. 170 Medan—Preliminary ESIA for BRT Project ANNEX V: Strip Map Corridor of BRT Metropolitan Medan 171 Medan—Preliminary ESIA for BRT Project 172 Medan—Preliminary ESIA for BRT Project 173 Medan—Preliminary ESIA for BRT Project 174 Medan—Preliminary ESIA for BRT Project ANNEX VI: Indonesian Legal Analysis regarding ESS Framework Table Summary of Indonesia and World Bank E&S Policies to be applied for Component 1 and 2 ESS Standards Indonesian Policies ESS1 Law No. 11 of 2020 and Government Regulation No 22 of 2021 elaborated on the instruments to protect environmental damage, such as Assessment and required AMDAL, UKL-UPL, SPPL and environmental permits. Management of The Minister of Environmental and Forestry Regulation No.04 of 2021 required business/activity to have an EIA (AMDAL/UKL-UPL/SKPPL) and Environmental environmental approval as a prerequisite for obtaining a business/activity approval. For the BRT development, two sectors are considered to be and Social Risks relevant, i.e. transportation and public works : and Impacts 175 Medan—Preliminary ESIA for BRT Project No No KBBLI Type of Scale for Scale for UKL- Scale for S PPL Rationale for Category Business/Activi AMDAL UPL AMDAL AMDAL & UKL- ty UPL Sector of Land Transportation (MoT) 1 5221 Support a. Land area 3 a. 3 ha > Land a. Land area < Potentially Category C activities for ha; area > 0.5 ha; 0,5 ha; caused land transport: congestion, vehicle depot b. Building area b. 3,000 m2 > b. Building area decreased /pool vehicle 3,000 m2; Area building > < 1.000 m2; quality of 1000 m2; water, increase c. Total c. Total of noise, social capacity c. Total capacity conflict, and vehicle 300 SRP capacity vehicle <100 public anxiety vehicle 100- SRP (Space 300 SRP (Space parking ) Unit Parking) Sector of Ministry of Public Works and Housing (PU) 176 Medan—Preliminary ESIA for BRT Project 2 42101 Road ≥ 5 Km with ≤ 5 Km with < 5 Km with Potentially Category A construction land land land caused and/or acquisition ≥ acquisition ≤ acquisition < congestion, improvement 10 Ha 10 Ha 10 Ha decreased at quality of metropolitan water, increase city with length of noise, social ≥ 5 Km conflict, and public anxiety Furthermore, the Government Regulation No.22 of 2021 concerning the implementation of Environmental Protection and Management in Appendix 2 explained the guidelines /Formatting for preparing EIA (AMDAL), which consist of the ToR —KA-ANDAL, environmental impact analysis (ANDAL), environmental management plan (RKL), and environmental monitoring plan (RPL); guidelines for UKL-UPL, for the business/activity that not required AMDAL) (Government Regulation No.22 of 2021 Appendix 3); and Declaration Letter of Environmental Management and Monitoring (SPPL). AMDAL impact assessment covers: a) Geo-physical-chemical components, such as climate, regional spatial, archeological culture, geological resources, hydrology, traffic aspects, soil, surface water, clean and well water air, noise, waste-water, aesthetics disturbance, hazardous waste, soil contamination, residual impact; then environment test included in the bill of quantity of contract documents, such as vegetation/flora, fauna, ecosystem types, the presence of endangered/endemic species and their habitats, etc.; b) Socio-economic-cultural components, such as income levels, demographics, livelihoods, local culture, archeological sites, cultural sites and, so on; and Involvement of local workers with wages according to the provincial minimum wage (UMP) and included National health care (BPJS) is included in the employment contract c) components of public health, such as changes in the level of public health, and include environmental, social, health, and safety (ESHS), labor influx and gender-based violence (GBV), and violence against children (VAC) provision. Beside EIA (AMDAL), a traffic impact analysis (Analisis Dampak Lalu Lintas —Andalalin) also needs to be prepared, as regulated in the Government Regulation No. 22 of 2011. The traffic management and engineering are required as one of the permits’ requirements, for the new development planned that potentially cause a disturbance in road transportation security, safety, and traffic. 177 Medan—Preliminary ESIA for BRT Project ESS2 Labor and Law No. 11 of 2020, Government Regulation No. 22 of 2021, and Minister of Public Works and Housing Regulation No. 21/PRT/M/2019; the Working service providers must apply construction safety management system, focused on: i) safety engineering construction, ii) OHS, iii) public safety, Conditions and iv). environmental safety. More application of OHS management systems is explained in the Government Regulation No. 50 of 2012. Minister of Public Works Regulation No. 05/PRT/M/2014 and Minister of Public Works and Housing Regulation No. 02/PRT/M/2018 regulated that projects above IDR 100 Billion and 100 workers need a construction OHS expert. Minister of Manpower and Transmigration Regulation No. PER.13/MEN/X/2011 regulated that the noise limit in the working area is 85 dBA for max 8 hours per day; the value can be exceeded with reduction in exposure time, e.g. 94 dBA for an hour or 100 dBA for 15 minutes. However, the noise must not exceed 140 dBA. Furthermore, the regulation standardized the threshold value of: ● Physical factors including working climate, noise, vibrations, microwaves, ultraviolet rays, and magnetic fields; and ● Chemical factors including the form of solids (particles), liquids, gases, mists, aerosols and vapors derived fr om chemicals. Human rights legislation: Law No. 39 of 1999; Law No. 11 of 2005, and Law No. 11 of 2009; the right to fair and decent working conditions; right to complaint, and grievance mechanisms. ESS3 Resource Law No. 11 of 2020 on Job Creation and Government Regulation No 22 of 2021 on Implementation of Environmental Management and Efficiency and Protection elaborates on instruments to prevent pollution and environmental damage. Important instruments are the strategic environmental Pollution assessment (KLHS), AMDAL, UKL-UPL, environmental approval, environmental risk analysis, environmental audit, and other instruments. Every Prevention and person who pollutes/damages the environment is obliged to tackle the pollution/damage they made. Management The AMDAL impact assessment covers geo-physical-chemical components, such as climate, spatial planning, archeological culture, geological resources, hydrology, traffic aspects, soil, surface water, clean and well water air, noise, wastewater, hazardous waste, soil contamination, aesthetics disturbance, residual impact (Government Regulation No.22 of 2021 and WB ESS3) Minister of Environment and Forestry Regulation No. 4 of 2021 specified the list of businesses/activities that require EIA (AMDAL), environmental management effort (UKL) and environmental monitoring Effort (UPL),and/or statement of commitment to environmental management and monitoring (SPPL). Government Regulation No. 22 of 2021 regulated the management of hazardous and toxic waste (B3). GOI regulation on energy conservation: users with energy consumption >6,000 tons of oil equivalent per year are required to conduct an Energy Management, while the users with less energy consumption could do energy management or energy savings (Minister of Energy and Mineral Resources Regulation No. 14 of 2012). 178 Medan—Preliminary ESIA for BRT Project ESS4 Community Government Regulation No. 22 of 2021; the inventory and analysis of the traffic impacts (Andalalin) of the new development planned that Health and Safety potentially cause a disturbance in security, safety, traffic, and road transportation. Government Regulation (PP) 50/2012 concerns the implementation of occupational safety and health management systems. The Decree of the Minister of Public Work No. 05/PRT/M/2014 are guidelines for occupational safety and health systems (SMK3) that increase the effectiveness of planned, measured, structured and integrated occupational safety and health protection, preventing and reducing work accidents and occupational diseases. AMDAL impact assessment covers components of public health, such as changes in the level of public health (Regulation No. 22 of 2021). Law No. 11 of 2020 regulated Spatial Planning, incl. the infrastructure of the transportation network system; the spatial planning is conducted by considering: the physical condition—vulnerability to disasters and security and gender mainstreaming. Presidential Instruction No. 9 of 2000 instructed gender mainstreaming in development planning through gender analysis that includes participation in the development process and the benefits they enjoy. The Minister of Home Affairs Regulation No. 15 of 2008 regulated the gender mainstreaming implementation at the local level. Ministry of Social Affairs Law No. 8 of 2016 on the national commission of disability (KND) states that a person with disabilities has the right to the accessibility of public services. Government Regulation No 22 of 2021 regulated the noise limit for settlement areas, hospitals, and schools as 55 dBA. ESS5 Land Law No. 26 of 2007 clearly stated that proper compensation for losses arising from the implementation of development activities under the Acquisition, spatial plan needs to be provided. Law No.2 of 2012 stated that if development is of public interest, the party entitled to the land must release Restrictions on after fair compensation by independent appraisal. Government Regulation No 19/2021 and Regulation No. 71 of 2012 and its amendment Land Use, and Presidential Regulation No. 40 of 2014 provide detailed procedures. The Law No. 11/2020 is summarized above in the Article no 121. Involuntary The AMDAL also covers socio-economic-cultural components, such as income levels, demographics, and livelihoods (Minister of Environment Resettlement Regulation No. 16 of 2012). For the communities that occupied the state land used (in a good way/beritikad baik; >10 years), the government will give compensation. The compensations are considered a “resettlement assistance” of everything on the land, mobilization, house rental for up to 12 m onths, and allowances for income losses from land use (Presidential Regulation No. 62 of 2018). The support will be eligible when the following requirements are met: a) possessing valid IDs or civil documentation, b) having occupied the land in question over ten years consecutively, c) being sanctioned/recognized by heads of villages/wards and land owners. However, the regulation is silent in terms of replacement costs for these groups. In addition, the timeframe requirements of at least ten years may limit the eligibility of some groups. Law No. 11/2020 also states that the object of the land acquisition included in the forest area, village treasury land, wakf land, customary land, and/or land assets of the central government, provincial government, city/regency government, state-owned enterprise. The process of identification of land status is important. The government regulation on land acquisition for public interest stated that the entitled parties consist of land right holders, land 179 Medan—Preliminary ESIA for BRT Project management right holders, Nasr/Wakf land, parties who control land with good faith, basic holder of land tenure and/or owner of building, plants and other object related to the land (para 18). ESS6 Biodiversity Law No. 11 of 2020 stated every person who pollutes/damages the environment is obliged to take action to tackle the pollution/damage they Conservation and made. KLHS, as one of the instruments for preventing pollution/environmental damage, consists of studies on carrying capacity and carrying Sustainable capacity the environment[1] for development, estimates of environmental impacts and risks, ecosystem service performance, efficient use of Management of natural resources, and biodiversity potential. Living Natural AMDAL covers the biological component, such as vegetation/flora, fauna, ecosystem types, the presence of endangered/endemic species, and Resources their habitats (Government Regulation No.22 of 2021) ESS7 Indigenous The 1945 Constitution (UUD 45) Article 18B clause 2, 28I clause 3, and 32 clauses 1-2, mentioning about the state recognition on IPs; the Peoples cultural identity and rights of the community traditional respected in harmony with civilization development; the state guarantee the freedom of the people in maintaining and developing their cultural values. Furthermore, the procedure to get acknowledgment and protection for IP communities (identified–verified–regulated) is regulated in the Minister of Home Affairs Regulation No. 52 of 2014 on Recognition and Protection Guidelines for Indigenous People. Law No. 23/2014 on Local Government defined IP as Masyarakat Adat as a group of people who have long settled in certain geographical areas of Indonesia. They have collective ties to ancestral origins, strong relationships with land, territory, natural resources, customary government institutions, and customary law in its customary territory following the provisions of the legislation. Ministry of Agrarian and Spatial Planning Regulation No. 9 of 2015 on Communal Rights on Indigenous Land; rights on land can be given communally to the IP communities that meet the requirements, and communities located in certain areas. 180 Medan—Preliminary ESIA for BRT Project Minister of Home Affairs Regulation No. 18 of 2018; IP institution at village level (Lembaga Adat Desa — LAD) is in charge of assisting the Village Government in preserving customs, protecting cultural identity, and as a partner in increasing community participation in the development process. AMDAL also covers socio-economic-cultural components, such as local culture, archeological sites, and cultural sites (Minister of Environment Regulation No. 16 of 2012) ESS8 Cultural Law No. 11 of 2020, Minister of Home Affairs Regulation No. 52 of 2007, and the joint regulation of the Minister of Home Affairs and the Heritage Minister of Culture and Tourism No. 42/40 of 2009 confirmed that the government should pay attention to the cultural site in spatial planning, preserve cultural heritage in the regions, incl. the customs and socio-cultural values in communities. AMDAL also covers socio-economic-cultural components, such as local culture, archeological sites, and cultural sites (Government Regulation No. 22 of 2021 and WB Environmental and Social Management Framework (ESMF). Indonesia ratified the Convention for the Safeguarding of the Intangible Cultural Heritage through Presidential Regulation No. 78 of 2007, which is regulated further in the Minister of Education and Culture Regulation 106 of 2013; the national and local governments are obliged to guarantee the preservation of Indonesia's intangible cultural heritage. ESS9 Financial (not applicable for this project) Intermediaries 181 Medan—Preliminary ESIA for BRT Project ESS10 Law No. 14 of 2008 on Information Disclosure; requires that public information is available and transparent. Stakeholder Government Regulation No. 45 of 2017; the community has the right to participate in regional development planning. Law No. 11 of 2020 Engagement and Implementation Environmental Protection and Management is carried out based on the participatory principle; its implementation is regulated Information in the Government Regulation No.22 of 2021 on Community involvement in AMDAL; a) provide transparent and complete information; b) Disclosure equality of position between parties; c) fair and wise problem solving, and d) coordination, communication. Furthermore, Government Regulation No. 22 of 2021 emphasized that AMDAL needs to involve the impacted communities. The communities have the right to submit suggestions, opinions, and responses within ten days after the announcement. Minister of Home Affairs Regulation No. 18 of 2018; village community institution (Lembaga Kemasyarakatan Desa —LKD), is used as a partner institution to increase community participation in the development process. LKD consists of neighborhood associations (RT, RW), family welfare empowerment organization, youth organization (Karang Taruna), health service post (Pos Pelayanan Terpadu), community empowerment organizations. Presidential Instruction No. 9 of 2000 instructed gender mainstreaming in development planning, also in its implementation and evaluation; it is done by gender analysis that includes participation in the development process and the benefits they enjoy. The Minister of Home Affairs Regulation No. 15 of 2008 regulated the gender mainstreaming implementation at the local level. 182 Medan—Preliminary ESIA for BRT Project ANNEX VII: Environmental Management Procedures for Construction Activity and WBG General EHS and Infrastructure Sector Guidelines The contractor performing construction during MASTRAN Project period is responsible for compliance with laws and regulations and effective management of all OHS-related issues. Specifically, the IMTSP project requires the contractor company to follow IFC ‘ The Environmental, Health, and Safety (EHS) Guidelines’. They are technical reference documents with general and industry-specific examples of Good International Industry Practice (GIIP). As sector-specific guidelines for bus systems and LRT are not available, sector-specific guidelines on construction material extraction, railways, and toll roads were used to complement this guidance. General OHS requirements include: 1. Complying with all relevant environmental regulations in Indonesia; When the regulations differ from the levels and measures presented in the EHS Guidelines references below, projects are expected to achieve whichever is more stringent. 2. Monitoring implementation throughout the project; 3. Reporting the monitoring results to CPMU; 4. Recruiting and training qualified staff to be responsible for the project; 5. Complying with physical resource protection and opportunity procedures; and 6. Terminating construction activities when receiving instructions from CPMU, and proposing and/ or applying either corrective or alternative methods for construction, if necessary to minimize the environmental impacts. A brief summary of sector-specific OHS requirements include: 1. Environment: Environmental issues during the road construction are similar to those of other large infrastructure projects involving significant earthmoving and civil works and their prevention and control recommendations are presented in the General EHS Guidelines. These sector- specific impacts include, among others: Avoid habitat alteration and fragmentation Disruption of terrestrial and aquatic habitats can occur both during the construction of a road and during maintenance of right-of-way. 183 Medan—Preliminary ESIA for BRT Project Management requirements: 1)Design native plants around the public transport stations; 2) siting roads and support facilities to avoid critical terrestrial and aquatic habitat (e.g. old- growth forest, wetlands, and fish spawning habitat); 3) Design and construction of wildlife access; 4) avoid construction activities during the breeding season; 5) prevent short and long- term impacts on the quality of aquatic habitats; 6) minimize to remove native plant species; 7) explore opportunities for habitat enhancement (e.g. nesting boxes, vertical plant walls) Emissions, especially fugitive dust Air emissions are typically related to dust during construction and exhaust from vehicles. Management requirements include: 1) Prevention and control of dust emissions; 2) Operation and maintenance of vehicle fleet; 3) Considering design options for reduction of traffic congestion Noise from heavy equipment and truck traffic Noise is generated by vehicle engines, emission of exhaust, aerodynamic sources, and tire/pavement interaction. Traffic noise can be a significant nuisance and may be loud enough to interfere with normal conversation and can cause stress in children and raise blood pressure, heart rates, and levels of stress hormones. Management requirements include 1) Consider noise impacts during road design; 2) Design and implement noise control measures during construction Stormwater Construction or widening of sealed roads increases the amount of impermeable surface area, which increases the rate of surface water runoff. High stormwater flow rates can lead to stream erosion and flooding. Management requirements include 1) General stormwater management; 2) Measures for road paving; Wastewater Management requirements include 1) Connect to centralized wastewater collection and treatment system or transport to such a site. Waste management Solid waste may be generated during the construction and maintenance of roads and associated structures. Significant quantities of rock and soil materials may be generated from 184 Medan—Preliminary ESIA for BRT Project earthmoving during construction activities. Hazardous Material waste might be generated (e.g. oil spills associated with heavy equipment operation and fuelling activities). Management requirements include: Follow EHS guidelines for construction materials extraction and general guidelines. Maximize recycling of road surfacing waste. Manage removed paint materials. 2. Occupational Health and Safety Constructors are obliged to implement all reasonable precautions to protect the health and safety of workers. Occupational health and safety issues associated with the construction of roads primarily include the following: ● Respiratory ● Noise ● Physical hazards ● Chemical hazards Respiratory Hazards Occupational exposure to dust and fine particulates is associated with all phases of quarrying activities (e.g. shoveling, ripping, drilling, blasting, flame-jet cutting, transport, crushing, grinding, screening, and stockpiling operations). Management requirements include: 1) Equipment should have dustproof cabins; 2) Use of personal breathing protection. Noise: Workers may be exposed to excessive noise levels during quarrying activities (e.g. shoveling, ripping, drilling, blasting, flame-jet cutting, transport, crushing, and grinding, among others). Guidance on the management of noise is provided in the general EHS guidelines. Management requirements Include: 1) Selecting equipment with lower sound levels; 2) installing silencers; 3) Installing acoustic barriers also during construction; 4) limiting the hours of operation; 5) Developing a mechanism to record and respond to complaints. 185 Medan—Preliminary ESIA for BRT Project Physical Hazards: Road construction and maintenance personnel, as well as landscaping workers maintaining vegetation in the rights-of-way, can be exposed to a variety of physical hazards, principally from operating machinery and moving vehicles but also working at elevation on bridges and overpasses. Management requirements include: 1) develop transportation management plan; 2) Establish of work zones; 3) Reduction of max. vehicle speeds in work zones; 4) Training of workers in safety issues; Working at heights: 1) Are should be barricaded; 2) Hoisting and lifting equipment need to be rated and maintained; 3) Ladders should be used to pre-established safety procedures; 4) Training on climbing techniques; 5) Establishment of a fall projection system; 6) Safety belts min. of 16 millimeters. Chemical Hazards: Chemical hazards in road construction, operations, and maintenance activities may be principally associated with exposures to dust during construction and paving activities; exhaust emissions from heavy equipment and motor vehicles during all construction and maintenance activities (including during work in tunnels or in toll collection booths); potentially hazardous dust generated during bridge paint removal; herbicide use during vegetation management; and diesel fuel used as a release and cleaning agent for paving equipment. Management requirements include 1) Milers and pavers should have exhaust ventilation systems; 2) Use of correct asphalt product; 3) Maintenance of work vehicles; 4) Reduction of engine idling time; 5)Ventilation of indoor areas where vehicles and vehicles are operated; 6) Use of protective clothing when working with cutbacks; 7) use of dustless sanding and blasting equipment. 3. Community Health and Safety Community health and safety issues during the construction of roads are common to those at most large construction sites and are discussed in the general EHS guidelines. These impacts include, among others, dust, noise, traffic, and vibration from construction vehicle transit, and communicable disease associated with the influx of temporary construction labor. Significant community health and safety issues associated with road projects may also include: ● Pedestrian safety ● Traffic safety ● Water 186 Medan—Preliminary ESIA for BRT Project ● Emergency preparedness Pedestrian Safety Pedestrians and bicyclists are at the greatest risk of serious injury from collisions with moving vehicles. Management requirements include 1) Provision of safe corridors along the road alignment and construction areas; 2) Installation of barriers; 3) Installation and maintenance of speed control; 4) Installation and maintenance of all signs, signals and markings to regulate traffic. Traffic safety: Collisions and accidents can involve a single or multiple vehicles, pedestrians or bicyclists, and animals. Management requirements include 1) Installation and maintenance of all signs, signals, markings to regulated traffic; 2) Setting of speed limits appropriate to the road and traffic conditions; 3) Design of roadways; 4) Maintenance of the road; 5) Construction of roadside rest area; 6) Installation of measures to reduce collision between animals and vehicles; 7)targeting usage of real-time warning systems of congestions, accidents, etc. Water Construction materials extraction projects can significantly alter surface and groundwater regimes that are used by local communities for potable water supplies, raising of fish and other edible materials, irrigation, stock watering, and source water for small businesses and industries. Management requirements include: 1)Understand the usage of water in the area; 2) identify potential impacts of the water quality and take dewatering or hydraulic diversion activities Emergency Preparedness: Emergency situations most commonly associated with road operations include accidents involving single or multiple vehicles, pedestrians, and/or the release of oil or hazardous materials. Management requirements include: 1)Prepare an emergency preparedness and response plan in coordination with the local community. 4. Decommissioning Extraction site reclamation and closure activities should be considered as early in the planning and design stages as possible. 187 Medan—Preliminary ESIA for BRT Project Management requirements Include: 1) Structures should stay stable and do not move due to extreme events or disruptive forces; 2) Physical hazards should be permanently blocked from all access to the public; 3) Surface and groundwater should be protected against adverse environmental impacts; 4) Habitat that has been altered should be replaced for future ecological use. For further specific indicators, please consult with IFC guidelines as described above. ANNEX VIII: Minutes of the Public Consultations held on 9 December 2021 Prepared by: the Ministry of Transportation of the Republic of Indonesia, Directorate General of Land Transport. Date and time : Friday, 9 December 2021, 14.00 – 17.15 WIB Location : Emerald Garden Hotel, Medan Number of : 32 (23 offline and 9 online participants) participants Women: 9 Men: 23 People with disability: - Participants are from: Transport Agency of Deli Serdang district, Public Work agency of Medan city, Medan Development Planning Agency (Bappeda), Communication and Information Agency of Medan city (Kominfo), Public transport operators of Medan city and North Sumatera (DPC and DPU ORGANDA), technical units of bus depots (BPTD Terminal Pinang Baris/ BTPD II North Sumatera), head of subdistrict of West Medan, angkot drivers, cultural heritage individual expert, and GESI individual expert. 188 Medan—Preliminary ESIA for BRT Project Hosts : DG Land Transport, Ministry of Transport Transport Agency of North Sumatra Transport Agency of Medan City Summary of key findings: ● The Public and existing public transport users aspire for a more convenient, safe, and affordable public transport within Medan metropolitan area ● Concerns related to social and economic impacts: 1) Potential impacts on angkot drivers’ livelihoods. There are 5.605 registered angkot vehicles, and 4.792 of them are operated by the owners. 2) Transfer of land assets (from one government agency to the other) is high likely to happen for developing Bus Depot in Terminal Pinang Baris (approximately 10 ha) and in Terminal Amplas (approximately 5 ha), which requires reconstruction of existing government building, and thus is a subject of Indonesia 2021 Law on the Transfer of Assets among government agencies, and 3) land acquisition for development of 14 bus station along the BRT routes (approximately 8000 m2). ● Concerns related to livelihood disturbance on street vendors and/or micro/small businesses along the route and in/around bus depot Terminal Pinang Baris and Terminal Amplas. ● Based on the current BRT plan, including routes, bus stations, and bus depots, land acquisition/ purchasing land is not anticipated. Instead, transfer of assets according to the Government of Indonesia’s regulation 2021 Law on Assets Transfer will be undertaken to acquire state land. ● Representatives from cooperatives, public transport operators’ association (ORGANDA), and angkot drivers concerns on income reduction or loss; and they wish to involve more in the project and wish the project design to provide businesses and/or employment opportunities. ● Cultural heritage and gender experts did not raise any concerns at the forum. ● Detailed Engineering Design (DED) for the bus depots has yet to be developed. Bus Depot in Terminal Baris is still under discussions (with three other alternatives). Q&A sessions: Existing public transport operators: Medan Bus Operator and Trans Metro Deli Operator ● We support the BRT program in Medan metropolitan. However, based on experience, the Deli Serdang district’ bus transit system in 5 routes (Trans Metro 189 Medan—Preliminary ESIA for BRT Project Deli/ TMD) has negatively affected existing public transports, such as angkots and minibusses. With the proposed 17 new routes, it is more likely “kill” existing public transport operators and angkot drivers, without a clear plan of integration and/or empowerment activities. ● Angkot drivers only earn IDR 300.000 net income/ month (US 18/ month purchasing power parity), which is far from enough to cover daily needs. This financial hardship has affected their wellbeing, and road accidents seem to increase in the past few months. Based on information from public transport drivers- informal network, the driver drove the car under influence (of illicit drugs or alcohol), which consumption induced by stress out of economic hardship. ● To provide employment opportunities for existing workers in the public transport sector and involved public transport as feeders. Response from government: We are developing a plan for options of integration of existing public transport to BRT, in terms of routes and vehicles (armada). The funding is from foreign loan from the World Bank approximately IDR. 1.7 billion. The Chief of Pinang Baris Bus Depot: As the construction more likely to change the traffic flow and increased jam during busy hours, we need to develop traffic management plan (i.e. ANDALIN in Bahasa Indonesia) Response from Government of Indonesia: Yes, we will. Public Transport Operators Association (ORGANDA) of Deli Serdang district: We support this program, please include public transport operators (ORGANDA) on the development of technical integration plan, and to provide economic and employment opportunities to local peoples. Head of West Medan subdistrict: ● We wish the BRT will reach our area (West Medan subdistrict). ● We expected to have the information, such as ESMF and summary of the project design, a bit earlier so we had adequate time to read them through. Please make the information more accessible in the future. Response from the Government of Indonesia: 190 Medan—Preliminary ESIA for BRT Project We are still finalising the design plan, both for reach, routes and location of the bus depots, we will inform you and seek your feedback in the future. We have developed an engagement plan with stakeholders, and please look forward to it. Closing remarks by Head of Transport Agency of Medan city Thanking everyone’s feedback and time, the government takes notes of all concerns and aspirations, and asks all key stakeholders attending the consultation to support the program implementation in Medan metropolitan area. Photos and list of attendees: In person attendees 191 Medan—Preliminary ESIA for BRT Project Due to limited number of people that are allowed to attend the in-person meeting, several people participated and/or observed via Zoom Photograph of list of attendees 192 Medan—Preliminary ESIA for BRT Project 193 Medan—Preliminary ESIA for BRT Project 194 Medan—Preliminary ESIA for BRT Project Annex IX: Potential Cumulative Impact to be detailed in the project implementation stage (Cumulative Impact Assessment) The main cumulative impacts stems from environmental aspects, particularly during construction and operation are related to the potential decrease of air quality, increase of noise and traffic congestion, all these potential negative impacts will lead to social unrest, indicative mitigation measures are provided in the table below and it needs to be detailed during ESIA. A separate cumulative impact assessment study should be carried out to ensure proper (and probably legal binding) mitigation measures will be implemented. Please note that the significant or not for cumulative impact assessment based on Medan AMDAL is after screening and scoping, it was extracted from Chapter 3 on Impact Prediction. On the social aspect, cumulative impacts stem from land acquisition and job and business opportunities. Continuous public consultations and transparency in labor recruitment are key to manage these cumulative impacts. Main Activities Potential Source of Activity stage Source or type of impact and Indicative mitigation measures Environmental and Pre-Cons Cons Ops duration Social Impacts Land acquisition Social unrest S Cumulative impact from Public consultation, publish cut-off and other unsatisfied project affected date, transparency social issue people on compensation Job acceptance Job and business Allow informal/temporary business opportunities 195 Medan—Preliminary ESIA for BRT Project Social unrest S Limited people that can be Public consultation and continuous accepted publish labor vacancy and maximize local labor recruitment Equipment and material - Air quality S Decreased air quality during Equipment and vehicles regular mobilization this activity is considered maintenance, cover the dump truck cumulative considering the with tarpaulin when transporting number equipment in this excavated material stage - Noise - Traffic S Equipment and material Mobilization during off peak hours mobilization occur continuously during this stage - Road damage - Social unrest S Continuous during this stage as Public consultation and continuous it is related to labor publish labor vacancy and maximize recruitment local labor recruitment - Community health S As the result of negative other Minimize all source of potential impacts (e.g. air pollution) negative impacts resulting air pollution, increase noise and traffic congestion Earth work and Basecamp - Air quality S Although impact is temporary, Equipment and vehicles regular operation yet it is accumulated due to maintenance 196 Medan—Preliminary ESIA for BRT Project other negative impacts with existing corridor - Noise S Continuous impact during this Noise barrier is necessary, and civil stage work time management - Surface Water S Due to Earth work at this stage Proper containment to minimize Quality erosion and runoff to waterways - Loss of Flora and Fauna - Water biota S Due to earth work Proper containment to minimize erosion and runoff to waterways - Community health S Due to earth work causing Minimize all sources of potential decrease air quality and negative impacts resulting air increased noise pollution, increase noise and traffic congestion Civil Work - Air quality S Continuous impact during this stage - Noise S Continuous impact during this Noise barrier is necessary, operate stage latest fleet with low noise - Decrease Environmental Esthetic 197 Medan—Preliminary ESIA for BRT Project - Traffic S Continuous impact during this Traffic management package to re- stage arrange the traffic in order to minimize the traffic - Community health S Continuous impact as the Minimize all sources of potential result of accumulative of other negative impacts resulting air negative impacts pollution, increase noise and traffic congestion Labor Recruitment - Business and job opportunities - Community unrest S Continuous impacts during this Public consultation and continuous stage as the result of business publish labor vacancy and maximize and job opportunities local labor recruitment Fleet operation - Air quality S As the result of road Maintenance during traffic off hours maintenance and fleet operation - Noise S Continuous impact both from Good management or road road maintenance work maintenance work, avoid pray time - Surface water S Cumulative impact from All station, terminal and other source quality untreated wastewaters (if shall be equipped with wastewater untreated) from total treatment facility employee 198 Medan—Preliminary ESIA for BRT Project - Decrease Cumulative impact from solid Ensure number of waste bins is Environmental waste and wastewater (if adequate and place in locations Esthetic untreated) where people gather, noting that the BRT will not allow eating and drinking in the bus - Social unrest S continuous impact Due to Minimize all sources of potential other negative impact, air negative impacts resulting air pollution, noise and traffic pollution, increase noise and traffic congestion congestion - Community health S continuous impact Due to Minimize all sources of potential other negative impact, air negative impacts resulting air pollution, noise and traffic pollution, increase noise and traffic congestion congestion - Existing Angkot S Income of existing angkot Separate study on Angkot driver driver drivers may get affected, especially those operating on the BRT corridors *. S : Significant 199