52305 EXECUTIVE SUMMARY of the ENVIRONMENTAL ASSESSMENT & RESETTLEMENT ACTION PLAN S%oPaulo Metro Line 5 (P116170) Extension from Largo Treze to Chhcara Klabin December 14,2009 Table of Contents 1 INTRODUCTION ................................................................................................................ 2 2 POTENTIAL IMPACTS ........................................................................................................ 4 2.1 Project description and area of influence .................................................................................................... 4 2.2 Potential impacts......................................................................................................................................... 4 2.3 Alternative analysis summary ..................................................................................................................... 7 2.4 Indirect and long-term Impacts................................................................................................................... 7 3 APPLICATION OF SAFEGUARD PROCEDURES ................................................................... 9 4 GENERAL IMPLEMENTATION ARRANGEMENTS............................................................. 10 4.1 Metro's Environmental Management System .......................................................................................... 10 5 ENVIRONMENTAL MITIGATION MEASURES .................................................................. 11 5.1 Physical environment ................................................................................................................................ 11 5.2 Urban and Socioeconomic Impact Mitigation ........................................................................................... 14 5.3 Mitigation of impacts on biotic environment ........................................................................................... 18 6 ENVIRONMENTAL MANAGEMENT PLANS ..................................................................... 19 6.1 Environmental Monitoring Plans............................................................................................................... 19 6.2 Investigation and Archeological Rescue Program ..................................................................................... 20 6.3 Urban and Institutional Articulation Program ........................................................................................... 20 6.4 Emergency Action Plan.............................................................................................................................. 20 6.5 Public consultation and stakeholder interaction ...................................................................................... 21 6.6 Social Communication Plan ....................................................................................................................... 22 7 RESETTLEMENT ACTION PLAN ....................................................................................... 23 7.1 Stages of the RAP ...................................................................................................................................... 23 7.2 Social and Economic Analysis .................................................................................................................... 24 7.3 Identification of vulnerable cases ............................................................................................................. 25 7.4 Relations with Affected People ................................................................................................................. 25 7.5 Methodology of Property Value Assessment ............................................................................................ 25 7.6 Eligibility Criteria ....................................................................................................................................... 27 7.7 Treatment of Vulnerable People ............................................................................................................... 28 7.8 Community Relations Centers ................................................................................................................... 29 8 IMPLEMENTATION AND MONITORING PLAN ................................................................ 30 8.1 Institutional Capacity Assessment ............................................................................................................. 30 8.2 Institutional Arrangements ....................................................................................................................... 30 8.3 Budget and Responsibilities...................................................................................................................... 30 SSo Paulo Metro Line 5 . Executive Summary EA 1 1 INTRODUCTION This is the Executive Summary of the main documents prepared for the S%oPaulo Metro (herein referred to as Metro) to comply with the environmental safeguards procedures for the construction of the Largo Treze-Chacara Klabin extension of its Line 5 subway (also known as the Lilac line). The following documents were prepared as part of the.environmenta1and social assessment of the extension of Line 5 and were reviewed by the Bank team: 0 Preliminary Environmental Report (PER) for the section Largo Treze-Adolfo Pinheiro, dated February 2008 0 Environmental Impact Assessment Report for Line 5, including Annexes, dated February 2009, and following volumes: o Volume I - presentation, general information, introduction, legislation, alternative studies and entrepreneurship characterization o Volume Ii -environmental diagnosis o Volume Ill - environmental diagnosis (continuation) o Volume IV - environmental diagnosis (continuation), identification and impact assessment and mitigation measures and compensation measures, environmental plans and programs, conclusion, bibliography and annexes. o Environmental Compensation Program Annex for Line 5 o Supplementary information Annexes for Line 5 0 Environmental Management Plan (PBA) and Annexes for Line 5, dated October 2009 0 Resettlement Action Plan for Line 5, dated November 2009 The proposed extension from "Largo Treze" station to "Chacara Klabin" station (herein referred to as the Line 5 Project or extension) is divided in two segments: a) The Largo Treze to Adolfo Pinheiro segment of about 636 m, including the Adolfo Pinheiro station which is expected to start operations in March 2010; and b) The Adolfo Pinheiro station to Chicara Klabin station segment, with expected start of operation in December 2012, extending 11.12 km and including 10 stations: Alto da Boa Vista, Borba Gato, Brooklin- Campo Belo, Agua Espraiada, Ibirapuera, Moema, Servidor, Vila Clementino, Santa Cruz and Chdcara Klabin and the Guido Caloi yard. Figures 1 and 2 present the Project in the context of the SZo Paulo Metropolitan System and the alignment including the proposed stations. The Largo Treze t o Adolfo Pinheiro station segment was licensed by Brazilian authorities in the PER and reviewed by the Bank to ensure that it complies with Bank safeguard procedures. The Adolfo Pinheiro station to Chicara Klabin Station segment was analyzed in the EIA/RIMA and reviewed by the Bank to ensure that it complies with Bank safeguard procedures. This Executive Summary specifically covers the following items: 0 Project description and potential impacts 0 Summary of analysis of alternatives 0 impact mitigation measures 0 Safeguard instruments (including environmental programs and resettlement plan) 0 Public consultation process 0 Monitoring plan and budget during implementation 0 Institutional capacity assessment Sao Paulo Metro Line 5 - EA Executive Summary 2 Figure 1. Map of the Slo Paulo Metropolitan Transport System and the tine 5 Project "I Figure 2. Alignment of Metro Line 5 Extension Project S%oPaulo Metro Line 5 - EA Executive Summary 3 2 POTENTIAL IMPACTS 2.1 Project description and area of influence Line 5, including the proposed extension, will have about 20 km and 17 stations, from "Cap20 Redondo" t o "Chacara Klabin"; it will facilitate the connection of the south side of the Pinheiros River, with high population density, with the north side, which has high employment density. It will be integrated with the bus corridors of ltapecerica Road, Santo Amaro Avenue, lbirapuera Avenue, partially reducing their demand. It offers a great opportunity to restructure the bus system in the sub-center of Santo Amaro and along these corridors, resulting in significant reduction of buses and significant improvements in environmental quality. The direct area of influence has 1.6 million people, with average population density of about 95 inhabitants per ha2. The highest densities occur in areas northeast of the line, around 150 to 170 inhabitantdha, as in Moema, Santa Cruz, Vila Mariana, and 165 inhabitants/ha in Capso Redondo and Jardim S%oLuis, and reaching something about 203 inhabitantdha in Jardim Angela, in the southwest. The lowest densities are between 52 inhabitants/ha in Granja Julieta, and 43 inhabitantdha in the center of Santo Amaro. Insofar as average income per household, there are clear differences between districts situated in the right bank of Pinheiros River and those located further away from the metropolitan centre. While in the right side the average household income is higher than 20 minimum salaries, in the other side is around 10 minimum salaries, except in Portal do Morumbi and Real Parque, with an average household income higher than 40 minimum salaries; these two areas can be considered as "islands" in the middle-classneighborhoods. 2.2 Potential impacts The project consists of extension of the S%oPaulo Metro Line 5 from Largo Treze station to Chacara Klabin station, including the Adolfo Pinheiro station and the Guido Caloi yard. The segment from the Largo Treze station to Adolfo Pinheiro station was evaluated in the Preliminary Environmental Report, where the main impacts within the area of influence were assessed using the monitoring plans described in the report. The works in this segment are underway and started prior to the request for World Bank financing. This 0.64 kilometer segment has already the licenses required by Brazilian legislation to proceed with its construction ( L i c e n p Previa & L i c e n p de /nsta/op%). However, since they are part of the extension the Bank requested the environmental reports for review to ensure they comply with Bank safeguard policies. They started This summary of the Environment Impact Assessment and i t s Report (EIA/RIMA), covers the segment from Adolfo Pinheiro Station (excluded) to Chicara Klabin (included) which has 10.9 km with 10 stations, namely: Alto da Boa Vista, Borba Gato, Brooklyn-Campo Belo, Agua Espraiada, Ibirapuera, Moema, Servidor, Vila Clementino, Santa Cruz (existing station to be suitable for connection to Blue Line-1) and finally getting to Chicara Klabin Station (a station with the same name already exists on Green Line-2). The resulting average distance between each station is approximately 1.057m. Ventilation shafts and emergency exits located between the stations are also part of the project scope as well as the construction of subway tunnels from the intersection of streets Adolfo Pinheiro and Conde de Itu to the well located on the Dionisio da Costa street, totaling 10.9 kilometers of tunnels, integrated with the existing section of Purple Line 5 for a total of 21.45 kilometers of permanent way. The rail yard a t Guido Caloi, is located near the Avenue which has the same name and is also part of the project. This yard has an area of 102,506m2 and it will be necessary for the parking and maintenance of trains. As explained in the EIA, the Secretaria dos Transportes Metropokanos - STM, decided around 1992 that the studies for the extension of Line 5 would be done in the central region of Santo Amaro neighborhood and that the first phase implementation of Line 5 would be done in two links: The first link was implemented by the suburban rail system (CPTM) and operated by Metro, connecting the extreme south of the city (Capgo Redondo) to the sub- center of Santo Amaro (Largo Treze) with an integration with CPTM's Line-9. This first link is already in operation since October 2002. The second link, under the responsibility of Metro, would be the extension from Largo Treze to Chicara Klabin station and, as explained above, would include the two segments (Largo Treze-Adolfo Pinheiros and Adolfo Pinheiros-Chacara Klabin). S3o Paulo Metro Line 5 - EA Executive Summary 4 The Santo Amaro Station was planned to integrate Line 5 with the suburban rail transport system operated by CPTM, as well as with bus services connecting areas from the south and southwest to the other parts of the metropolitan region. The predominant direction of the route is from the southwest to northeast, following Avenida Santo Amaro, until about Pascal Street, when there is a shift towards the east to Avenida Ibirapuera. It follows this avenue, in the same direction as before, until crossing Indianopolis/ Repdblica do Libano avenues, then along to Pedro de Toledo Street, in an easterly direction and crossing the Domingos de Moraes Street near Santa Cruz Station, which belongs to Line-1. From this point, it continues northeast until crossing Vergueiro Street a t the point where the Chacara Klabin Station of Line-2 is located. The route then continues for about 400 meters in order to allow the implementation of the terminal area to maneuver and park the trains. The proposed extension of Line 5 in the segment between Adolfo Pinheiro to Chicara Klabin meets the alignment guidelines set by the Secretary of Metropolitan Transport (STM) a t the outset of the project continuing the existing link, passing through the center of Santo Amaro under Santo Amaro Avenue, lbirapuera Avenue and Pedro de Toledo Street main axes. As explained in the EIA, the main goal of the Purple Line 5 extension is to serve directly, the districts of Alto da Boa Vista, Brooklin, Campo Belo, Ibirapuera, Moema, Vila Clementino and Vila Mariana. The proposed directive also sets out that the integration of Line 5 with the other metro lines will be done a t Santa Cruz station (Line-1) and Chacara Klabin station (Line-2), in addition to the existing integration with CPTM's Line-9 in Santo Amaro station, in the link that is already in operation. The impact identification and assessment, took into account the activities and actions performed by Metro to plan, design and prepare the implementation of this proposed extension: in the planning phase the following actions were identified as capable of causing impacts,: 1 The development and dissemination of the project; 1 The preparation of environmental studies. a) Implementation Schedule: The Line 5 extension implementation schedule for installation in two stages, that are: The first stage starting from Largo Treze until Adolfo Pinheiro Station, whose forecast of delivery as already mentioned is in March 2012. b) the second stage starting from the Adolfo Pinheiro station passing by Po50 Bandeirantes, and finally reaching the Chacara Klabin station, having a system operation scheduled for December 2012. In general, the EIA states that, the implementation of the Line 5 extension comprises three groups of actions with potential impacts. These actions are: 1 Construction site installation; 1 Civil works execution; and, 1 Completion and demobilization of the construction site. Construction Site 1 Recruitment and hiring people for implementation; installation: 1 Expropriation of homes and economic activities houses; 1 Installation of construction sites : this action includes the demolition of buildings; 1 Relocation of the road system: it includes all interventions in the road system to enable the works and traffic disruptions; 1 Relocation of public utilities: the implementation needs relocation of public utilities a t the construction sites, wells and excavations. 1 Construction ~~ I 1 Excavation and concreting tunnels, wells and stations; I SZo Paulo Metro Line 5 - EA Executive Summary 5 Execution: transportation of construction materials; = Drainage work and lowering the underground water; . Rail implementation; . Guido Caloi Yard implementation. Construction Re-urbanization and landscaping of areas in the surroundings of the stations and Completion: . . ventilation shafts; Demobilization of construction sites. When addressing the operational phase of the project , the EIA identified the following . impacting actions: Recruitment and hiring people for operation and maintenance; . Reorganizationof the public transportation system; Stations operation; Movement of trains; Guido Caloi yard operation. Moreover, it is important to mention the impacts identified in the EIA, which may occur in physical, urban and socioeconomic and biotic environments: . Main Impacts Impacts on . Generation of solid waste; Soil contamination : . Physical . Environment Geotechnical accidents risk and change of soil stability; Erosion and silting of surface water; . . Hydro-geologicaldynamic change and groundwater contamination; . Flow increase in the surface drainage system; Superficial water quality change; . . Erosion and silting of surface water by lowering the groundwater; Air quality changes; . Noise conditions changes; . Vibrations conditions changes induced to the soil. Impacts on the . Expectations in the community; Relocation of the resident population and businesses ; . Urban and . Socioeconomic m Risks of accidents a t work and for the public; . Environment: Land use and urban landscape changes; . Potential interference in archaeological sites if any; . Interference in historical heritage buildings; Generation of employment; . . Potential increase in the attractiveness of entrepreneurs and business; Property value changes; Increasing demand for infrastructure and public services; . . Interruption of services urban infrastructure; Road system changes; . Accessibility changes; Synergy with projects located In the area of influence of the extension. Removal of vegetation; . Impacts on Biotic Environment: Intervention in protected areas; Wildlife conditions changes. j%oPaulo Metro Line 5 - EA Executive Summary 6 2.3 Alternative analysis summary The State has determined that extending Metro Line 5 is the best alternative to improve the quality of public transport services in the corridor. A t the time the initial segment of Line 5 was designed, alternative project scenarios were analyzed to assess whether the projected demand between the proposed stations could be adequately served by reserved bus corridors. As a result of the project, the network of bus routes that currently serve the area near the project alignment will be rationalized and integrated with the new stations of Line 5. The impact of the project on the existing bus operators from rationalization of routes was also considered. The decision to move ahead with the extension from Largo Treze to Chacara Klabin was also made after the underground metro option was compared with surface alternatives which would require a much higher number of expropriations. The EIA describes in detail the alternative analysis of alignments and station location. The analysis . took into account the following constraints for the definition of the alignment and of the location of the stations: . Existing right-of-way; Available demand studies; w Meeting the demand of main activity centers; Urban environment including land use occupation . Current vegetation; Topographical and geological conditions of the proposed alignment . The past and permanent impacts of an area intensely affected by human presence were considered and the best alternative alignment was chosen based on a comparative multi-criteria analysis. This comparative analysis, as described in the EIA, allowed that the final selection was guided by objective parameters. It used indicators that were able to show and translate the qualitative features of different route alternatives. Therefore, the EIA `considered as main factors for final selection of the route alignment and station location the financial, technical, operational, environmental and urban characteristics of each route. The route for Line 5 was based on guidelines established by the preliminary feasibility studies and other criteria, such as: a) regional characteristics, b) demand studies, c) public transport reorganization; and, d) technical constraints. Four alternatives were developed. The recommended alternative was the one with the integration of Line 5 to Line 1 a t Santa Cruz station, and integration with Line 2 at Chacara Klabin station. This alternative allows - for the distribution of high number of potential passengers between the two stations and, therefore, minimize potential overloading a t one station. This route also avoids concentration of three subway lines a t one single place and meets demands from Vila Clementino. This design guideline was incorporated by Metro in the Line 2 extension project until Sacom5 and also incorporated by the Secretary of Metropolitan Transport in the Integrated Urban Transport Plan for 2020 (PITU 2020). No-Build Alternative With the No-Build Alternative, no subway would operate along the corridor from Largo Treze to Chacara Klabin. As development and rising population will continue to exacerbate conditions on this crowded corridor, as well as add to vehicular congestion on the major east-west thoroughfare, with likely increases in air pollutant emissions and noise. Besides, the new line will integrate several existing metro and CPTM lines, and provide quicker alternatives for passengers to go to downtown or providing an alternative route that avoids the downtown area. In some locations distant from existing subway stations, growth might occur less quickly without new subway service. 2.4 Indirect and long-term Impacts Overall and in the long-term, the proposed Project is expected to have a positive impact on the environment. The traffic that may be induced by the project around the proposed stations will be mitigated by the project's design and station area plans that emphasize appropriate integration with other modes (particularly bus) and non- motorized access. Congestion and air pollution are currently some of the main environmental problems that the metropolitan region is facing. Providing a high-quality, cleaner and safer transport alternative to private vehicles Slo Paulo Metro Line 5 -EA Executive Summary 7 will help contain the rapid increase in motorized trips and related social and environmental impacts. The Project will also support the reorganization of the bus network and the quantification of long-term environmental impacts in terms of the modal `retention' or shift and the associated emission benefits. This effort will support and complement the government's long-term strategy to reduce congestion and mitigate greenhouse gas emissions. To the extent that neighborhoods and communities within a given area could be affected by multiple projects simultaneously, the SMT and Metro will coordinate with different agencies a t State and local level to develop satisfactory mitigation measures. As mentioned in the document, Metro would coordinate and plan interventions to reduce the cumulative impacts of simultaneous construction; however, in some cases it may be impossible to avoid these impacts as contractors and agencies strive to complete their projects in a timely and cost-effective manner. In those cases, significant adverse impacts from cumulative impacts could result, as detailed below. S%oPaulo Metro Line 5 - EA Executive Summary 8 3 APPLICATION OF SAFEGUARD PROCEDURES In accordance with World Bank policies, the following safeguards apply: 0 Environmental Assessment (OP 4.01) 0 Pest Management (OP 4.09) 0 Physical Cultural Resources (OP 4.11) 0 Involuntary Resettlement (OP 4.12) In order t o ensure the environmental and social sustdinability of the proposed subprojects, Metro and the Government of S%o Paulo State, through the institutions responsible for the execution of the subprojects, has committed t o adopt the guidelines specified in IBRD Safeguard Policies. OP 4.01 - Environmental Assessment In accordance with its Category "A" status, environmental assessments have been conducted for the project and have been disclosed and reviewed. This assessment provides a general economic, geographical and environmental context for the project. It also provides analyses of the legal and institutional frameworks under which it will be carried out. Finally, the EA has identified the project's potential impacts and proposes measures t o prevent, mitigate and minimize potential impacts of the project. The Metro has extensive experience in implementing Bank projects and has developed good environmental management systems to ensure contractors implement mitigation measures during constructions phase and these are closely monitored by Metro and the Project Management Oversight Consultancy (PMOC). A specific Environmental Management Plan was also developed t o address some critical issues along OP 4.10 -Pest Management The Metro uses some pesticides to manage the spreading of vector diseases around demolition sites. The use of pesticides is regulated and closely monitored by Metro. In addition, the workers are required t o use adequate protective gear to avoid and minimize any exposure t o the workers handling the pesticides. In addition, the surrounding communities are informed when pesticides are being used and learn about how to protect from any potential impacts. OP 4.11 - Physical Cultural Resources Although now direct impact on physical cultural resources are expected from the assessment, this safeguard is triggered by the possibility that subproject construction could have unanticipated negative impacts on historical artifacts or sites in the case that they were discovered during works implementation. Brazil actually has adequate legislation on this issue that is in line with World Bank requirements. The National Historical and Artistic Heritage Institute (IPHAN) has adequate procedures that contractors need t o follow when excavations run into potentially important sites. This project will ensure these procedures are followed, and that all specific works contracts make reference to these procedures. OP 4.12 -Involuntary Resettlement According t o the diagnosis, 415 properties will have t o be expropriated for the construction of Line 5. Of these, some 50 properties have already been expropriated as part of ongoing construction process. A follow-up study will be done to ensure that these affected parties received compensation compatible with World Bank policy. Of the remaining 365 properties, some 164 consist of occupied residences. The remaining 201 properties consist of 162 buildings or lots occupied by businesses, industry, public agencies or NGOs. The remaining 4 1 nonresidential properties are vacant or unoccupied. Sixteen families have tentatively been identified as "vulnerable." The various companies and businesses operating in the affected buildings employ approximately 5600 people. These persons would also be affected by the relocation of their place of employment. A Resettlement Action Plan (RAP) will be prepared in accordance with the requirements of OP/BP 4.12 and Metro will conduct meetings with the affected people to discuss the proposed plans. S%oPaulo Metro Line 5 - E A Executive Summary 9 4 GENERAL IMPLEMENTATION ARRANGEMENTS The State Environmental Agency (SMA) is responsible for issuing the environmental licenses for Metro Line 5, including the operation license once the works are concluded and the Metro line will start operating. The license makes reference to a number of Environmental Programs that Metro is responsible for during the construction and operation of Line 5. Besides, Metro requires licenses from local authorities for the disposal sites of excess excavation material disposal and the vegetation removal and compensation program. While Metro delegates some of these environmental activities to contractors, it is ultimately responsible for the ' adequate implementation of the Environmental Programs. Therefore, it closely supervises the compliance with the agreed programs. Besides, the State and local environmental agencies ensure that Metro follows the requirements established in the respective licenses and provide some support in some of the environmental monitoring programs as described later. 4.1 Metro's Environmental Management System Metro has developed an Environmental Management System with clear responsibilities, procedures and required resources to monitor environmental and social impacts of the project and ensure that mitigation measures are adequately implemented during construction phase. These procedures are specified in environmental norms and policies (Environmental Directives for Contracting, NOR-00-201 rev.OO & Environmental Policy, POL- 01-101 rev.OO) that establish the institutional arrangements for all environmental management programs. These norms and policies are cited in all their contracts for civil works. These arrangements are divided into three phases: 1 Prior to construction: . The environmental documentation required for issuing of the preliminary environmental licenses and all other authorization before the start of works are prepared by Metro's Department of Environment and Sustainability. This documentation is being finalized and was prepared over the course of 18 months. 2. During construction: The environmental installation license issued by the SMA precedes the start of works and ensures that the recommended mitigation measures are adequately planned for and responsibilities defined. During construction, Metro's Line 5 Office of Construction Management will manage and oversight of contractors, including those responsible for executing the construction and the mitigating actions to the environmental impacts. These activities will have duration of about 20 months for Lot 1 and 24 months for all other Lots. The Secretary of Environment will audit the systems and could intervene if complaints are raised or there are issues with non-compliance. The consortium has been preparing monthly Environmental Progress Reports for Line 4 and will follow the same procedure for Line 5. These reports have been recently reviewed and improved to better present the data and inform about potential non-compliance. An environmental officer within Metro reviews the EPRs prepared by the PMOC (Project Management Oversight Consultant) provides overall oversight on project implementation and the State Environmental Agency, CETESB, provides specific support to Metro and the consortium in monitoring air quality. Some activities (e.g. vegetation removal and replacement, disposal of spoil a t sites that will have future development) require separate licenses and different environmental agencies get involved in the process and provide additional supervision. 3. During Operation: Prior to operation, the SMA will issue the environmental operation licenses and ensure all necessary mitigation measures have been addressed during construction and Metro is able to manage the impacts during operation. Metro's Environmental Management System (EMS) has been implemented in the area of maintenance and is being implemented in the operational areas. As each segment of Line 5 becomes operational, the management of environmental issues will be carried out according t o the parameters established by Metro's EMS. S%oPaulo Metro Line 5 - E A Executive Summary 10 5 ENVIRONMENTAL MITIGATION MEASURES This section describes in more detail the expected mitigation measures for identified impacts, and responsibilities of Metro and the contractor during implementation. Some of these measures are part of the Metro's Environmental Management Systems; others are reflected in specific environmental management programs. 5.1 Physical environment 5.1.1 Spoils Removal and Disposal Spoil removal and disposal is a major issue in excavation projects such as Metro lines and Metro and the local environmental agencies have extensive experience in adequately monitoring the generation, treatment, transportation and appropriate disposal of excess excavation materials. Allow the production of excess materials is very large, the related impacts are moderate and can be easily mitigated. The proper management and disposal of these excess materials and wastes are detailed in the following resolutions/norms.: CONAMA Resolution 313/02, NBR 10.004/04, CONAMA Resolution 275/01, NBR 11174, NBR 12,235. Metro has already identified possible areas for the disposal of excess excavation materials from the civil works and tunneling. These areas must have Operating Licenses from the State Environmental Agency to operate as disposal sites. Before issuing the Operating License, CETESB (Cornpanhia de Tecnologia de Saneamento Ambiental), evaluates the disposal procedures and consults with the surrounding communities on the potential environmental impacts and nuisances. The civil works contractor is ultimately responsible for the disposal of soil and excess materials, including the selection of the disposal sites. According to the specifications and technical norms of the contract, the selected contractor is obligated to identify disposal sites that meet all of the requirements of Metro and the regulating authorities before the start of works. While the final selection of disposal sites will depend on the contractor, the environmental licensing and disposal process will be done and closely monitored by the State and Metro during implementation and reviewed by the Bank during supervision missions. It is important to mention that specific routes for the transport of spoils from excavation to disposal sites are planned before-hand and compliance monitored. Each truck's load and its source is also registered and monitored. Metro regularly follows trucks to ensure they comply with agreed routes and disposal. To date, no major irregularities were found. As mentioned before, during inspections problems were found with damaged screens that cover truck loads and the cleaning of wheels. 5.1.2 Soil Contamination In general, soil contamination is directly associated to specific and localized events such as accidents and leaks in storage fuel tanks, vehicles gas supply activities and inappropriate disposal of oil and grease. The contractor is responsible for preventing and minimizing the risks of contamination and develops a plan to monitor and develop procedures to address any incident that might happen. Prior to construction, an investigation is undertaken to identify locations along the alignment of Metro Line 4 that might have contaminated soil. Samples are taken from these sites. The most common form of soil contamination is fuel and oil leakage from old or existing gas stations. Gas stations are often the preferred locations to create access to underground stations, since complex resettlement and demolition of buildings are avoided. Almost always, these sites require special care and proper soil clean up to avoid future impacts. In the case of displacement of gas stations, clean up is easier since the cost of disposing of contaminated soil can be deducted from the compensation for the displaced station. The problem is more complex when no displacement is involved and legal action must be taken against owners responsible for the soil contamination. To avoid delays, Metro often pays clean-up costs up front, but there is no guarantee that it will recover these costs. Soil clean up and removal is done under the supervision of CETESB. In the past, soil clean up has often slowed the construction Slo Paulo Metro Line 5 -EA Executive Summary 11 process since it involves another contractor, ECOTEST, that was responsible for the removal, clean up and disposal of contaminated soil. 5.1.3 Solid Waste Metro requires contractors to segregate solid waste at each construction site. On previous projects, it has contracted Translix by CONSTRUCAP to collect and transport this waste to disposal and treatment facilities. Hazardous materials are collected in sealed containers and stored in secure places before being transported for final treatment and disposal. Health and safety procedures are employed to minimize exposure to workers and the public. Specific regulations exist for handling, stockpiling, loading, transporting and disposing contaminated materials. The procedures taken by the consortium seem adequate to reduce risks and inspection has not found major issues. 5.1.4 Geotechnical accidents risk and change of soil stability Most problems that occur during the construction of geotechnical structures are in large part related t o the uncertainties about the intrinsic conditions of the soil and terrain. Thus, in the execution of these works it is essential to develop risk analysis systems in order to reduce or prevent such events. The contractor is responsible to carefully and constantly updating details about soil characteristics and composition (as the excavation works progresses, for example) which serves as basis to identify and monitor the risk plan and is used to adapt the engineering solutions to each appropriate situation. The characterization of an area for tunnels construction and . deep foundations will consider the following investigative methods: . Specific hydrogeological studies; . . GeotechnicaI/geologic in detail cartography; Massive rocks studies; Seismic studies, mainly by the methods of refraction, electrical (resistivity) and electromagnetic (GPR) for the determination of the groundwater level, soil thickness and altered rock, geological discontinuities, etc. During excavations, the use of explosives can also cause serious structural damage to the work, so that the use of seismographs and geo-technical data contribute to dimension correctly the underground explosions, reducing vibration and other possible damages. Metro has acquired considerable experience in these aspects during Line 4 construction and Line 2 extension. 5.1.5 Erosion andsilting of sutface water Because of the low probability of this impact of erosion and siltation of surface water, possible erosion can be easily mitigated. In general, the control of erosions is mostly limited to the work sites and storage areas of materials. The contractor is responsible to cover and protect the construction materials and also be aware of the possible cuts and embankments unprotected by the direct incidence of heavy rain. It is also recommended t o avoid the release of concentrated flows directly into the soil, as well as the recovery of the affected areas with vegetation rehabilitation or with waterproof coating covering. Contractors have to follow internal procedures established by Metro for the installation of work sites (IC- 1.03.06.00/3C4-001. These procedures include measures to contain leakage and installation of drainage system to prevent and contain potential contamination of soil and water bodies as required by the Environmental Legislation. Environmental and social sensitivities are taken into account for the location of work sites t o reduce and prevent impacts. 5.1.6 Hydro-geological change and groundwater contamination The impact of hydro-geological dynamic change and groundwater contamination is closely monitored and detailed in monitoring plans. These Plans include control and remediation measures that take local physical conditions into account. The remediation should consider groundwater depth, medium permeability, organic carbon rate in soil, etc. The characteristics of the contaminant involved should also be considered, especially i t s natural decay and density. Just from detailed information of these characteristics it may be possible to generate a conceptual model of the environment contamination and determine the appropriate intervention, taking into account technical and economic questions as well as human health risk. Slo Paulo Metro Line 5 - E A Executive Summary 12 The management of contaminated areas, could follow the general steps below: a) Preliminary environment assessment; b) Detailed environment assessment; c) Human health risk analysis; d) Environmental impact reduction project; e) Installation and monitoring the environmental impact reduction system. Another concern arising from major projects is the change in the intervention area groundwater, mainly due to soil settlements associated with the lowering of the aquifer sediment, because an empty space arises in the structure of the rock due to localized downgrades and overexploitation. In this case, it is indicated only a continued monitoring of the structural conditions, so that situations considered outside of the expected standards are identified and treated quickly. According to the EIA, insofar as the impact of increased flow in the surface drainage system is concerned, the best way to mitigate it is through control- such as the adequate disposal of flow using sluice gates and/or flow accumulation in case of rainfall in a drainage basin. To the extent impact mitigation is feasible, the impact would may be reduced by increasingthe diameter of the galleries and the cross section of water bodies where the effects may manifest. 5.1.7 Superficial water quality change The contractor is firstly responsible for the adequate treatment for all surface water. The second is to mitigate the impact, meaning acting on the impacted environment through the adequate disposal of flow in the sluice gates, galleries and water bodies where the effects may manifest. There is a need to monitor the water quality from different origins that will be launched in the environment. All effluents from the construction site are collected and treated. This means that the contractor has to collect and treat all water that is generated by the project (pumped groundwater, washing of truck wheels, concrete trucks, and construction sites, etc.). The contractor is required to install treatment plants a t the main construction sites with high effluent volumes. Following existing procedures implemented by Metro, three times a day the effluents are monitored for sediments and pH levels to ensure quality prior to discharge. The contractor prepares reports that are submitted to the Metro Maintenance and cleanliness of drainage and the truck-wheel cleaning system is problematic in some constructipn sites. By comparing between the different construction sites and showing the "best practices," Metro has been successful in addressing some specific problems. 5.1.8 Air quality changes Metro has been a pioneer in implementing an air quality monitoring program specifically for construction projects. Since Metro had little experience with air quality monitoring, it signed an agreement with CETESB, the State Environmental Management Agency, to help set up and supervise the program. The monitoring program focuses on total suspended particulate matter (TSP) as a result of dust emissions from the construction sites. Other pollutants are not being measured as background levels in the city are high and it would be expensive and complex to sort out the impacts of other pollutants emanating from the project. The contractors are required to implement a dust suppression program designed to aggressively reduce dust and air pollution during construction are implemented, measures include the cleaning truck wheels prior to leaving the construction site, covering truck loads, wetting down demolition areas and transport routes a t construction site, enclosing activities such as the opening of cement bags and overall cleanliness of the construction site. The supervision program by Metro has proven effective in ensuring that specific problems and non-compliance are detected and addressed. Metro has a program to monitor and help reduce emissions from heavy-duty diesel vehicles. The Ringlemann technique has been used to identify gross-polluters and a preventive maintenance program is in place to reduce emissions from trucks. Si30 Paulo Metro Line 5 - EA Executive Summary 13 5.1.9 Noise conditions changes The impacts due to noise in the work phase can be mitigated based on compliance with the scheduled work time, on the one hand, the control of equipment used, as well as categories of trucks that may be required to reduce the emission of noise. Protection elements, such as fences, work also and contribute to the reduction of the noise. The necessary evening activities (concreting in bulk) should be communicated to the neighborhood, avoiding nuisances in the same period whenever possible. The monitoring of noise levels should be done during construction to verify its changes, the noise ranges and when it is possible and necessary control devices should be installed. One of the main nuisances of the construction phase has been noise impacts on surrounding populations. Although construction is taking place in highly urbanized and typically "noisy" areas, the main complaints from surrounding population have been the noise levels from generators, pumps and other equipment and from underground blasting. Since construction goes on 24 hours a day, the main concerns are the noise impacts during nighttime To prevent and reduce the noise impacts, Metro has a noise monitoring program that has been improved over time with good results. Overall, the data show little increase in noise levels above background levels from the construction sites. In some cases a reduction of noise levels around construction sites is observed, which may be a consequence of rerouted traffic around the construction sites or simply due to the high background noise levels measured prior to construction. The 5min sample provides a "snapshot" of noise levels each month a t a particular site that can be influenced by several factors. This may or may not be representative of actual noise levels a t the site and makes comparisons difficult or even irrelevant. The contractor is required to implement several measures to reduce and alleviate noise impacts during construction. Among others, the following measures have been introduced to reduce noise levels around the construction site: use of silent generators, installation of noise suppression equipment a t ventilation outlets, truck back-up warning horns are turned off a t night, inspection of vehicle exhaust systems, concrete mixing is done off- site, construction of enclosures to load and unload trucks, training of workers and improved planning of activities t o avoid nighttime noise impacts. A project-wide vibration monitoring program has also been implemented to minimize vibration and respond to community complaints, especially during blasting. The Metro also has an ongoing outreach program to discuss mitigation options with the public, including sensitive uses - such as hospitals - that could be particularly affected by various project disturbances. The plan includes temporary displacement of most sensitive population. Metro has extensive experience with reducing vibration and will continue ensure proper implementation of vibration minimization Finally, the movement of trucks is frequently checked by the Traffic Management Agency of the Municipality (CET), and they advise on routes and times that minimize impacts on traffic and population, avoiding local roads with residential areas. 5.1.10 Pest management Since the implementation of civil works requires the demolition of existing structures, it is common practice to spray the debris with pesticides to prevent the spread and infestation of rodents. Metro's have procedures, detailed in IC 5.00.00.00/3N4-001 (Control of Environmental Impacts) and IC 5.00.00.00/3C9-001 (Workers Safety and Medicine) that describe which pesticides might be used, the application method and the necessary equipment to protect the health of the workers. When necessary, Metro provides training to those applying the pesticides and awareness to the neighboring community. The procedures follow the Bank's pest management guidelines and' Metro will be monitoring compliance to these practices. 5.2 Urban and Socioeconomic Impact Mitigation 5.2.1 Community relations The mitigation measures of impacts on the affected community are based on the confidence that Metro establishes with the population in general. Metro will minimize the adverse impact through actions that support S2o Paulo Metro Line 5 -EA Executive Summary 14 communication, clarity in relations with the population, and the proper and timely disclosure of the preliminary implementation of the project. Such disclosure will be part of the Social Communication Program of Line 5. The plan to mitigate the displacement and relocation of residents and businesses will follow World Bank policy, as detailed in the Resettlement Action Plan. 5.2.2 Risk of accidents To minimize the impact on the risk of accidents at work and for the public, Metro has considered in the design phase a number of mitigation measures and controls to protect the buildings bordering the project, the characterization and condition of structures and foundations, and the evaluation of their likely behavior when carrying out the implementation works. The detailed design project will consider the needs for restraints and reinforcement of foundations and/or structures, establish the instrument control plan to spot settlements and other problems, and also, provide insurance against damage and depreciation of properties potentially a t risk. In the implementation phase, the protective measures for the surrounding buildings, the signaling and the movement control of heavy machinery, the implementation of instrumented control plan for buildings susceptible to risk should be put in place, and if necessary, the social communication plan should inform the eventual risks and / or damages that may affect the surrounding buildings. In the operation phase, periodic measurements to assess which buildings are a t risk should be completed in no less than one year, and if necessary, repair damages caused by the works. 5.2.3 Land use and urban landscape changes During project preparation, careful assessment and registration is done of all trees that are affected and should be removed along the alignment and construction sites of the Metro Line 4. State and municipal regulations specify procedures for compensation and maintenance of vegetation. A major problem for Metro has been finding adequate space for tree planting and that, by law, it is required to care for these trees for two years. For trees planted and maintained around Metro stations this would not be a major issue, but maintenance of trees off-site might be problematic. Agreement must be reached regarding donation of trees to public parks and spaces, while appropriate government agencies take care of maintenance. To mitigate the impact on the predominant land use and urban landscape change, Metro will focus investments on the remaining areas of the construction site, and around the stations and ventilation shafts, for the redevelopment of public spaces with equipment such as parks, squares, associated areas with services and trade which may be elements of urban redevelopment that will enhance the quality of living of the area. Such investments may be monitored by the local neighborhood associations or the sub-municipalities involved in the processes so as to direct the type of urban intervention in these places. Alterations relating to areas near the heritage buildings, should be tracked and have their projects approved by the relevant authorities and the municipality's approval of new construction in sensitive areas. The city will temporarily lose an important green space, the Parque das Bicicletas (Bike Park), from the second half of 2010 to the second half of 2012. Of the 20 thousand square meters of the park, about 80% will be used as a construction site and an underground train maneuvering and parking facility will also be built at the site. Some sport facilities and the Biking School will continue to operate during construction on the remaining area of the park. In an agreement made between the City and State, after completion of Line 5, the contractor and Metro will return the renovated park with new landscapingto the community. 5.2.4 Potential for archaeological sites Regarding the interference potential archaeological sites, Metro will carry out a Cultural Heritage Program including archaeological prospecting and monitoring to ensure the identification of goods and possible sites previously to the installation of the works. This way, any objects found can be collected, classified and analyzed. Sa"o Paulo Metro Line 5 -EA Executive Summary 15 5.2.5 Historical heritage buildings Most of the works for Line 5 will be carried out deep underground by specialized tunneling equipment. There are some 25 sites on the surface where station entrances and ventilation shafts will be built. These sites and the construction methods have been selected to minimize interference with existing infrastructure. No large buildings and no cultural landmarks of any kind are expected to be affected by these works. A final opinion to this effect from the relevant state agencies has been issued for Lot 1of the project (now under construction) and is expected for the rest of the project (Lots 2-7). Current legislation in Brazil is adequate in addressing potential impacts of project on historic buildings. Following the Brazilian norm, a database of historic buildings, protected by either federal, state or local laws, was prepared. Based on a 300m radius around each of these historic buildings, the potential impact of above-surface structures of the Metro Line 5 project was identified. The final design of these structures requires a special license from one or more government agencies to avoid or minimize any esthetic impacts. Metro has hired independent archeologists to carry out assessment of the project area and identify the potential of finding historic settlements based on available information and data. The project area was cleared and procedures are in place for chance-finds of artifacts or other archeologically interesting objects. The measures taken by Metro and required by law are adequate to mitigate potential impacts. During the implementation of the EA, the impact of interference in historical heritage buildings can be mitigated and controlled by surveys taken place before the execution of works by mapping possible soil changes in the area near the works, preliminary inspections to ascertain the current situation of buildings, using methods that minimize the possible interference with the legally historical building, and carry out monitoring in buildings throughout the work. It will also be obtained an authorization, with the Heritage Preservation agency, getting even more precise information on the situation of potentially impacted buildings. 5.2.6 Increasing demand for infrastructure and public services due to Line 5 extension Demand for public utilities may change during or after project implementation. Metro will work with Sabesp (the water authority) and the Municipality (which should issue licenses for new buildings and structures according to the schedule for the adequacy of Sabesp's infrastructure) to design appropriate mitigation measures (such as adjusting the water and sewage pipes). 5.2.7 Interruption of services urban infrastructure There could be some disruption of basic services due to the construction of Line 5. These disruptions can be prevented and minimized with proper planning and temporary relocation of some of the infrastructure (pipes, power lines, etc.) and Metro has extensive experience in involving different actors and minimizing impacts d with this form construction of previous lines. Metro will also include in the Social Communication Program guidance and information to public utilities users, as well as, timing of interruption in order to communicate in advance the planned service cuts. 5.2.8 Impacts on traffic The operation of Metro Line 5 is expected to reduce traffic volume along the corridor due to a modal shift from buses and private transport to the Metro system. Therefore, the traffic and public transport will benefit from reduced congestion in the long run. However, short term impacts on traffic are expected due to partial road closures and movements of trucks, equipment and other vehicles involved in the execution of works. This increase in traffic around construction sites can become quite intense during some periods of the day and needs t o be carefully planned and managed. . Metro has been working with CET on implementing appropriate measures to reduce impacts on traffic due to additional construction related transport, which include: Access places to the construction sites, with physical design that meets the needs of movement and maneuvering of trucks and equipment specified; Si0 Paulo Metro Line 5 - EA Executive Summary 16 1 Definition of routes and standards for trucks movement to the removal of excavated material and the delivery of materials and equipment, as well as, hours allowed for movement such vehicles; 1 Analysis of pavements conditions along the planned route and preparation of the maintenance and preservation of pavement conditions program; 1 Standards and procedures for the handling the machinery and equipment on the road system which is the surroundings of the building yards; 1 Standards and procedures for handling hazardous materials in the execution of works; 1 Surveillance and controlling traffic plan in areas surrounding the building yards and the diversion of traffic, especially in places where the road system is already saturated, ensuring fast service to arrive at the site and abnormalities with minimal damage to the general flow of traffic. Metro also develops studies to analyze existing traffic patterns and future demands, and parking and road capacity surrounding the new metro stations. These studies help develop traffic management plans and improve public transport and intermodal integration. Measures to reduce impacts include: 1 Creating car parking around some stations; Create bays for taxis, buses and operations such as "Kiss and ride"; . 1 1 Creation of adequate signaling a t the roads and adequate traffic control a t each point; Creation of signaling devices for the safe movement of vehicles and pedestrians. The implementation plan for construction activities will include measures to minimize interference with the traffic and road system, maximize safety and ensure proper traffic flows. Metro takes the demands and needs of the affected community into account, especially those living near stations, and will ensure with the contractor that design standards, specifications and procedures established by public agencies are followed, most notably: 1 Standards and procedures for signaling works at day and night; 1 Safety standards for the movement of vehicles and pedestrians; 1 Road capacity and circulation studies; 1 Adequacy and maintenance of equipment and signaling devices available; 1 Approval by the Department of Signaling Road (DSV / CET). Metro has been developing Social Communication Program to disseminate in a very clear way the road variants available to the community affected. The disclosure of the planned measures and guidelines to the users, especially the public transportation is critical to mitigating the expected impacts. 5.2.9 Public transportation changes Any changes to the public transportation network or services in the area of influence of Line 5 should be jointly designed and implemented by the various agencies and operators involved. In this sense, Metro will work with the relevant state agencies (STM EMTU and CPTM) and the municipal administration of S%oPaulo (SMT, SPTrans and DSV / CET) to plan and implement such changes. The institutional Articulation Program will establish overall planning and coordinate the changes in the public transportation system in the implementation and operation phases of Line 5. In the implementation phase, the impacts expected from the changes in the itinerary of bus lines and relocation of bus stops can be mitigated through the following measures: Social Communication Program, with awareness campaigns through a special program for users of the system, that addresses those changes in good time, and an ongoing program of guidance and information to the user during this phase of implementation; 1 Projects to appropriately relocate facilities a t bus stops to meet safety conditions and comfort for users, including shelters, lighting, visual communication, with signposts and guidance about the operation on an interim basis during this phase; 1 Surveillance, control and maintenance of the proposed changes to the system, observing the dynamic behavior of users and their interaction with the transport system and make any necessary adjustments; S%oPaulo Metro Line 5 - E A Executive Summary 17 The adverse impact on existing bus operators that are affected by the rationalization of bus services will be minimized by measures to provide other employment through the Institutional Articulation Program. A t the operation phase, the mitigation measures are related to the intermodal integration bus-subway, which should be designed in order to reduce adverse impacts. The new proposed reorganization of the bus system, integrated way in stopping points along the road system around the stations should be developed by observing physical and operational characteristicsthat facilitate the transfer operation of the users in adequate conditions of safety and comfort. 5.3 Mitigation of impacts on biotic environment 5.3.1 Vegetation removal During project preparation, Metro prepares a careful assessment and registration of all trees that are affected and should be removed along the alignment and construction sites of the Metro Line 5. State and municipal regulations specify procedures for compensation and maintenance of vegetation. A major problem for Metro has been finding adequate space for tree planting and that, by law, it is required to care for these trees for two years. For trees planted and maintained around Metro stations this would not be a major issue, but maintenance of trees off-site might be problematic. Metro is discussing and reaching agreement with the Municipal Secretary of Environment to focus the planting of trees to create ecological corridors between natural habitats in the northern part of the city. As mentioned before, the Parque das Bicicletas will be temporarily closed and is going to be renovated and re- landscaped using native species by the end of 2012. The infrastructure in the park will be greatly improved as a result. An important aspect has been the communication with surrounding population and discussions will be held on how to improve the facilities and even better address the local needs. For any intervention involving following mitigation measures to manage and reduce impacts on green spaces and protected areas, the Metro will have to take the following into account: w Social communication with users of parks; Monitoring or supervision of obedience of the limits of intervention provided in environmental licenses and authorizations; Monitoring or supervision of sanitary conditions of trees inside parks and public spaces like Bikes Park, Modernist Park and those protected by State Decree n. 30.443/89; Authorization from DEPAVE or DEPRN for any intervention in parks, permanent preservation areas (APP) and squares; Adequate execution of Compensation Plan as determined by Federal Act n 9985/00 The responsibility to execute these measures will be with the Metro and the enterprises that will elaborate the executive project and civil works contractors implementing the project. 5.3.2 Alteration of the Condition for the fauna in the area of influence Metro with the contractor also will ensure that mitigation measures for controlling the impact on flora and fauna area are implemented, including: The detailed engineering design project shall be developed in order to evaluate the possibility of minimizing the need of cutting vegetation or intervention in sensitive and vegetation areas; . Monitoring or supervision of compliance to the intervention limits provided in environmental licenses or authorizations; Adequate execution of compensation plan provided by Federal Act n. 9.985/2000; w Adequate execution of compensation plan provided by vegetation suppression. Sa"o Paulo Metro Line 5 - EA Executive Summary 18 6 ENVIRONMENTAL MANAGEMENT PLANS The implementation of instruments like the Environmental Management Plan for the Line 5 project will be supervised and executed by Metro's environmental department with trained staff and supported by consultants to make decisions on issues related t o social and environmental safeguards. Below are a number of important environmental programs to be implemented with the expansion of Line 5. 6.1 Environmental Monitoring Plans The EIA/RIMA of Line 5 indicate that it is necessary the implementation of mitigation measures in the most effective way to mitigate those social and environmental impacts which are more significant from the magnitude and duration standpoints. For those impacts environmental monitoring plans (EMPs-PBAs) were prepared, providing mitigation measures for the medium and long term, to contain and minimize the negative impacts they generate. Below there is a description of the plans that will be implemented to minimize the significant impacts that might arise. 6.1.1 Environmental Management Plan The objective of this plan is to create a managerial and organizational structure to handle the environmental management issues of the Line 5 extension. This plan was structured in a way that allows the coordination in a very smooth and harmonious way between the different agencies of the Metropolitan Transport Secretariat, to meet the demands for environmental licensing by the State Environmental Agency, and also, to work in coordination with Metro as the future operator. Considering also the occurrence of significant impacts during the implementation phase of Line 5 extension , this environmental management plan also aims a t providing the technical support to obtain the Operation license from the State Environmental Agency (SMA). The implementation of the Line 5 extension has been planned in 8 (eight) different lots, as described in the . EIA/RIMA, which details the different construction methods for each lot. Some of the main activities, for example, are: Ensure that the contractor and suppliers comply with environmental aspects, inherent to civil works . . execution and services, in accordance with environmental legislation and environmental licenses;' . accompany the interaction with environmental agencies ; accompany implementation of social communication program; accompany the relation of S%oPaulo Municipality and seek a solution for the urban integration of projects and works, as well as the environmental compensation which may be necessary; monitor the project impacts and elaborate the reports for registration'and monitoring of environmental registries. 6.1.2 Construction Environmental Plan This plan aims a t providing guidance and monitoring for the development of the project from the phase of . preliminary license to the phase of installation license; next are presented the immediate objectives of this environmental plan: . Provide guidance on the construction methods in order to reduce and control the environmental impacts, allowing for a faster recovery from the environmental standpoint ; . facilitate the environmental management of works, through consolidation of the environmental control . procedures; . create standards and criteria of environmental quality; prevent the creation of places amenable to the proliferation of disease vectors; implement procedures of civil works deactivation that result in acceptable conditions. S%oPaulo Metro Line 5 - EA Executive Summary 19 In order to enter in operation in a right and harmonious way between different players, and in each project phase, this plan is subdivided in specific subprograms to minor the occurrence of each environmental impacts. They are pointed bellow: Subprogram of Education for Construction; Subprogram of Elimination of environmental liability and monitoring of water and soil quality; . Subprogram of Environmental Monitoring of soil settlement; Subprogram of Environmental Monitoring Air Quality; Subprogram of Environmental Emissions of noise and vibrations. 6.1.3 Environmental Control Program during Operation Unless an adequate program to manage safeguards is put in place, the project may generate significant impacts during operation of the Line. In view of that the objective of this program is to keep the operation of this line in total accordance with . environmental management system established by Metro, having in mind also the specific objectives: . Implement measures to control and mitigate significant environmental aspects; implement voluntary actions to enhance environmental quality; Implement environmental education actions during the operation. 6.1.4 Environmental Compensation Program Brazilian federal legislation requires an environmental compensation for this Line 5 extension project. The EIA/RIMA recommended specific compensations measures like SNUC1, as indicated in the Technical Opinion CPRN/DAIA/420/08. Metro is discussing with the competent authorities the areas which will receive the proposed compensation. All areas to be protected or created as a result of the project (including the parks) are not expected to lead to any physical displacement or changes in access to natural resources. Any other economic or physical displacement not yet explicitly identified, but that may become apparent during implementation, will be addressed using the same principles as those defined in this Resettlement Action Plan and consistent with World Bank safeguard policies. 6.2 Investigation and Archeological Rescue Program Considering the eventual occurrence of archeological data and material in the area of influence of the civil works required for the implementation of Line 5, it is necessary to ensure that there is a Physical and Cultural Resources plan that safeguards any objects or structures with archeological and cultural value. Its objective is to assess the potential occurrence of any traces of archeological, cultural or historic material in such area. Such program allows the identification of risks associated to cultural heritage and the collection and rescue of material of this sort. 6.3 Urban and Institutional Articulation Program This plan aims to create mechanisms of institutional articulation, in order to provide the interaction between Metro and different private and public players. In the future, this will promote, the integration of public metropolitan transportation system, and decrease the pressure on the existing structure, decrease C02 emissions in Line 5 integration terminals, in addition to monitoring the plans related to changes in social and urban environment experienced with the implementation of Line 5. 6.4 Emergency Action Plan Its objective is to provide and create procedures that shall be adopted in case such occasions and abnormal situations occur during civil works execution. It includes situations that might be considered dangerous or any attempt against work safety or implementation of Line 5. Each area will have its own emergency plan and this will Brazilian Environmental Act o f Conservation Areas that defines the environmental compensation Slo Paulo Metro Line 5 - E A Executive Summary 20 be established in accordance with its features, and each one will be presented before the installation of any jobsite. Metro has strengthened its emergency plans during implementation of Line 4 and they are an obligation in all its construction bids. 6.5 Public consultation and stakeholder interaction By existing legislation, the environmental license procedures for large projects like the Line 5 extension must be granted by the Environmental State Agency, which analyzes the Environmental Impact Assessment and its Report (EIA/Rima). As part of the environmental licensing procedure, under CONAMA Acts n. 01/86 and n. 237/97, the EIA and its Report after analysis by the competent environmental agencies was submitted to public hearing to receive the contributions and demands of the communities involved. There is a channel of communications with property owners in the area of influence of the civil works of Line 5 expansion. These contacts are developed by the Office of Community Relations (Coordenadoria de Relacionamento corn a Cornunidade) of Metro. Metro has presented the proposed Project in several public meetings, most recently on August 6, 2008 and May 7, 2009 as open hearings in the general area of the proposed Project. The main comments received during the last public meeting related to (i) improving the timing and form of communications with the project affected people, (ii)the criteria used to select the project alignment and design, and (iii) potential impacts on local and cultural resources of concern to the community. Metro has also held numerous individual meetings with parties that will be directly affected. The box below describes the case of the Gallery Borba Gat0 housing dozens of small shops and is an example of Metro's willingness to listen to affected parties and make changes in original design to accommodate their concerns as much as possible. I Adapting the Project Design to Community Concerns: The Case of Gallery Borba Gat0 I During the preparation for the initial segment of the Line 5 extension, S i 0 Paulo Metro held meetings with the owners and tenants of businesses in the area surrounding the Adolfo Pinheiro Station. Originally 146 properties were to be expropriated, but Metro made specific adjustments in the project design to minimize the amount of displacement in this area at the requested of the business owners and with the support of local authorities. The Community Relations Office of Metro followed each case individually, working as intermediaries in the relation between the population and Metro, in order to decrease the impacts caused by expropriation. The project revised its design for Galeria Borba Gato, a shopping arcade of small retail businesses, avoiding the displacement of some 75 small businesses and allowing most of other businesses to remain in place or to move to nearby temporary quarters. Metro found ways to change the original location of the construction site as requested by the affected group without changing the station design. The revised proposal included not only the return of some property that had been expropriated (by State decree), as well as preserving most of the shops, where only four stores were ultimately expropriated. The other shops, through an imaginative engineering solution, were temporarily relocated to a building adjacent to the gallery, located at Padre Jose de Anchieta Road, which was adapted to become an annex of the original building, allowing tenants to remain in the region and continue their operations and activities in their own gallery. After the completion of civil works, the Gallery Borba Gat0 will be returned in the same condition and the tenants will return to their original places. The revised plan and new installations were unanimously approved by the tenants and shopkeepers. Insofar as the stakeholders participation and interaction regarding the project is concerned, the project incorporates in the monitoring plans the demands raised by the interested parties, as well as the social and environmental constraints defined by the environmental agency, established in the present licenses and in future licenses granted. Moreover, it is current Metro practice in operating the subway system t o have a Social SZo Paulo Metro Line 5 - EA Executive Summary 21 Communication Plan, which will be an effective tool of social management, and also an important tool of interaction with Line 5 users. 6.6 Social Communication Plan As any other civil work project with significant impacts on local and regional quality of life, the Line 5 extension is linked with the necessity of nearby population to know and be informed about impacts and situations that may change their lives. The environmental and resettlement plans call for a series of actions with the aim of providing information about the works and to clarify doubts for the different segments of the population involved in this process. Key stakeholders include the resettled families and businesses, the population living in the vicinity of the project, the residents of the city, and future users of the system. The following is a list of actions aimed a t providing information to and getting feedback from the population a t different stages of project preparation and implementation: Prior to commencement of works A survey of the profile of the population (including preparation of a register) and economic activities in the area affected by the works; Communication with the affected population and responding to queries from members of public; Communication with the currently resident population and those engaged in economic activities in the area; Communication with the population of the wider city. Construction phase (implementation and progress of works) Campaigns directed to the city population; Communication with commercial establishments affected negatively by the works; Technical follow-up; The "Turma do Metro" project; Readjustment of public services; Final stage of works execution Public and technical visits to the work sites Organized train rides for affected groups and other potential metro users Grievance mechanisms and the Community Relations Centers (described in Section 7). S5o Paulo Metro Line 5 - EA Executive Summary 22 7 RESETTLEMENT ACTION PLAN The design of the Metro Line 5 extension and its configuration makes it impossible to implement such a large project without a significant process of expropriation and demolition of some buildings, causing an impact on society. Furthermore, S i 0 Paulo Metro attributes high priority to ethics and social responsibility issues and makes a special effort to minimize the number of expropriations required to implement its projects. This section summarizes the Resettlement Action Plan prepared by Metro and its consultants in compliance with the Involuntary Resettlement policy of the Bank and mitigate the impact of the project on people and businesses that will be involuntarily resettled. The objectives of the Plan to be implemented by Metro are the following: compensate adequately the people and businesses resettled in order to provide a less traumatic relocation; mitigate the social impacts of civil works; and, work to maintain the social and economic conditions of people affected. 7.1 Stages of the RAP Property Owners and Tenants The property owners who will be expropriated will receive compensation established by court experts who will estimate it based on prevailing real estate market conditions and the replacement cost of the property (custo de reposirio); those owners proprietors will have the possibility to decide by themselves where to relocate according to their own needs. In addition, Metro will provide assistance to this segment by providing benefits described later in this summary under Eligibility Criteria, as well as: social support, moving expenses, and, if they are tenants, who own businesses in the property which will be expropriated, foregone profits and the "commerce fund goodwill " all through the judicial process established by law. For the resident tenants, Metro will provide the difference between the rent for properties elsewhere in similar conditions and the rent presently paid for a period up to three months. In case of displaced businesses and employees which might lose their jobs due to the expropriation and relocation of the business, Metro has signed a cooperation agreement with the State Employment and Labor Secretariat ("Secretaria de Estado do Emprego e RelaGdes do Trabalho - SERT") which will collaborate with Metro in providing support to those employees for job search and training. . Employees who might lose their jobs due to relocation of their companies: Verification of the demand for insertion in professional relocation programs and identification and registry of workers who want to avail themselves of these services. This cadastre will be prepared by a foundation indicated by SERT . Availability of programs: Emprega 560 Paulo; Qualificario Profissional, Aprendiz Paulista, Jovem Cidadio, and other programs that may contribute for the insertion in the labor market of affected employees Signing agreements with training institutions such as SENAC and SESl which serve preferably this segment of the population. Business Owners: Technical and Legal advice regarding rights and obligations related to their employees; Assistance to businessmen who desire to keep their business in the same area, providing help to find suitable places to relocate business, in order to avoid unemployment. Therefore, the whole process of expropriation and relocation will be conducted in a way as to have the minimum impact on affected population, whether they may be the owner or mainly the tenants and employees that are more vulnerable. SZo Paulo Metro Line 5 -EA Executive Summary 23 7.2 Social and Economic Analysis Based on currently available information, the total number of properties expropriated for the purpose of constructing Line 5 is 400. Of these, some 50 properties have already been expropriated as part of the construction underway on the Largo Treze-Adolfo Pinheiro segment (Lot 1 including sites at Patio Guido Caloi, Esta@o Adolfo Pinheiro and POGO Delmiro Sampaio). These properties already expropriated were acquired in anticipation of the proposed project and for the same project objectives. A follow-up study will be conducted t o ensure that the affected parties were accorded benefits compatible with World Bank policy. Any other economic or physical displacement not yet explicitly identified, but that may become apparent during implementation, will be addressed using the same principles as those defined in this Resettlement Action Plan and consistent with World Bank safeguard policies. Of the remaining 350 properties, there are 281 occupied properties, 39 vacant properties, and 30 open lots. In the 281 occupied properties, there are 135 occupied residences and 216 non-residential uses including businesses, industry, public agencies or NGOs (yielding a total of 351 occupancies). It is important t o note that there may be multiple occupancies in some properties (such as two residences or businesses in the same property). There are 15 properties that have mixed occupation, as shown in the table below. The various companies and businesses operating in the affected buildings employ approximately 5,600 people. These persons would also be affected by the relocation of their place of employment. Mixed Mixed Mixed Mixed STATIONS I COURTYARD ~ k F 5 K + G ~ a F d -I Commerce and ' I Commerce Commerce Residential ~ Residential SZo Paulo Metro Line 5 - EA Executive Summary 24 7.3 Identification of vulnerable cases The vulnerability concept adopted by this Resettlement Action Plan is that the term "vulnerable" means that any citizen who as a result of the involuntary resettlement, has a great probability t o suffer a significant negative impact of its economical and financial situation. Sixteen families have tentatively been identified as "vulnerable." The cases recognized and proved as vulnerable will receive special services to help them overcome their disabilities by establishing partnerships with state and city agencies that deal with social issues, and other institutions dedicated to the same purposes. 7.4 Relations with Affected People Metro has implemented a program of action to give support to population affected by expropriation, as follows: Individual visits by family and business, with the objective to locate and obtain more detailed data about the affected population, t o hear the concerns of this population, provide clarification and guidance on the process of expropriation, as detailed in Section 10 of the full RAP; meetings and individual assistance, by region, t o ensure that the affected population is adequately informed about their options and rights pertaining t o resettlement, individual and collective treatment for questions t o be answered and special situations which might be channeled to the appropriate departments of Metro, meetings to disseminate Line 5 extension in the region: meetings with different segments of civil society organizations and the Neighborhood Associations, Commercial, etc. in order t o exhibit technical information about the project designed, the role of Line 5 in the transport system, expected demand, the benefits of system, etc; Forward special cases to legal area of Metro; monitoring the process from the filing of expropriation request with the court until relocation takes place; Special case by case attention of atypical and vulnerable cases; monitoring during the moving and after the relocation; register of the region: create a register of residents who live along the Line 5 extension , expropriated people or not, and mainly public equipments in order t o establish a direct communication channel by name correspondence, e-mails, and all issues of interest of this public; communications to the people who live within a walking distance from the extension (`lindeiros"), every time it is necessary, in order t o inform the general situation to the population, decreasing the anxiety generated by the impacts o f project ; communication campaigns t o the population: advertising campaigns to inform population about the project progress and its social benefits disclosure on the Metro website : provision of information, constantly updated about the expropriations, the design and work schedule personal support to affected people, expropriated or not, treating case by case, in addition t o provision of service t o organizations of civil society by meetings, lectures, presentations etc. 7.5 Methodology of Property Value Assessment The S2o Paulo Metro Company, t o be able t o construct and implement a high-capacity transport system in the densely populated city of S2o Paulo, is obliged to expropriate a number of private properties in order t o provide appropriate space for extending tracks, constructing new stations, digging tunnels etc. Since these works are primarily executed with public monies (state funds) the procedure involved in acquiring the private properties t o make way for public works is always preceded by the correct process of expropriation (use of `eminent domain'), duly authorized by Government Decree of Public Utility. This procedure goes beyond straightforward real estate market practices involving normal purchase and sale of properties. Such expropriations, notwithstanding judicial proceedings, can normally be resolved amicably in cases where the expropriated party is in agreement with the compensation offered by the expropriating party (in this case the S2o Paulo Metro Company), which as a rule is close t o the prevailing market price. In cases where an amicable SSo Paulo Metro Line 5 - EA Executive Summary 25 settlement cannot be reached (invariably when the expropriated party disputes the offer price) the courts will hand down a final judicial ruling and the expropriating party (i.e. Metro) is obliged to pay the amount decided by the judge in charge of the case. These procedures are normally straightforward from a legal process point o f view and rarely subject to complex argument. For this reason most cases are resolved speedily. Cases involving long delays may be held up by the lack of documentation (failure of expropriated party t o provide it in good time) proving ownership of the property or properties. In these circumstances the monies offered for the property are placed in escrow until such time as the expropriated party submits the relevant documents t o prove ownership. Once the expropriation process of a property has been decided, the judge can summon the expropriated party (owner of the property) and order a warrant served on the occupants (individuals or companies, tenants or not). A t that time, if the expropriating party submits a claim for urgent use of eminent domain via the issuing of a prior writ of entry, the presiding judge will appoint an expert Judicial Surveyor (`perito judicial') t o inspect the property urgently with a view to preparing a Preliminary Inspection Report (Laudo de Vistoria Pre`via). At this point the two parties in dispute (Metro and the expropriated individual) each have the right t o nominate a Technical Assessor (`assistente tecnico') to examine and comment on the final technical report prepared by the court surveyors. All the expenses involved in this process, including payment of fees of the Technical Assessor nominated by the expropriated party, are paid by Metro. In order to prepare the relevant report, the court appointed surveyors assess the value of the property on the basis of current prices currently obtained for similar of properties in the area, as defined in the table available from CAJUFA (Financial Sector Adjudicators Support Commission - a body operating under the Judicial Branch) which in turn is based on the list of real estate prices published by the ABNT (Brazilian Technical Norms Association). If Metro and the expropriated party accept the value fixed by the court-appointed surveyor and have complied with the measures demanded by Article 34 of Decree Law 3365/41 requiring proof of ownership and nonexistence of tax debts related to the property, a judicial settlement will be formalized and the value of the designated property deposited in cash in a single amount. At this juncture the process is regarded as a full and final settlement constituting the conclusion of an `amicable agreement'. If either of the parties refuses to accept the value fixed by the court-appointed surveyor, the process will nevertheless proceed, with Metro depositing in escrow the monies amounting to the value of the award fixed by the court surveyor. The expropriated party, once having demonstrated ownership and with the t a x situation of the property regularized, is entitled t o receive 80% of this amount (the judge authorizes appropriation by the owner of 80% of the value deposited, leaving 20% as a safety margin to cover the possible difference in the price proposed by the court surveyor in the Provisional (or Prior) Evaluation already carried out and the `Definitive Evaluation' t o be carried out subsequently). The Writ of Entry (`Mandodo de lmissSio na Posse') is then served and the expropriated party must vacate the property and deliver it to Metro. Subsequently the court surveyor will prepare the Definitive Evaluation Report on which the technical advisers of the parties concerned will be invited t o opine. A Mandatory Conciliation and Adjudication Hearing will then be called by the Judge, following which the Judicial Sentence will be handed down, fixing once and for all the real and the definitive value of the property t o be paid to the expropriated party, plus the appropriate legal costs, and the property will be incorporated into the estate of Metro and can thereafter be used for the purpose of constructing and executing the relevant public work. If any of the parties oppose the value fixed by this final court ruling, the aggrieved party can appeal t o the S5o Paulo Court of Justice. When the appeals are exhausted, the expropriated party is entitled t o receive the difference remaining between the monies already received and those deposited in court. Just compensation for expropriation, in addition t o the real market value of the property concerned, consists in appropriate circumstances of `Compensatory Interest' payments (`juros compensatdrios') owed as a form of indemnity resulting from an owner's anticipated losses arising from expropriation of a property. These payments are valid from the time of the establishment of new ownership by the expropriated party by direct expropriation (i.e. from the time the Writ of Entry is issued) and effective occupation or seizure of the property by the new owner/s. The expropriated party is entitled by law t o receive these compensatory interest payments at the rate of S5o Paulo Metro Line 5 - EA Executive Summary 26 12% a year until the final judicial ruling is handed down. In addition, he is eligible for receipt of `Moratory Interest' payments at 6% a year in the event of Metro delaying payment on the sum defined by the Judicial Ruling. The concept of foregone profits (`Lucro Cessante'), or the loss of anticipated usufruct or benefits, implies that a property owner has been deprived of expected financial increases deriving from his asset because of commercial or other activities undertaken by him have suffered temporary interruption as a result of a particular situation - in this case expropriation. For example, taxi drivers who are unable to work for a period of time on account of having had their vehicles damaged in traffic accidents are obliged to forego remuneration arising from the services that they would otherwise have provided. The taxi driver is therefore a victim of "foregone profit", simply consisting of the value of the services that he would have provided during the time when the vehicle was off the road for repairs. Lost profits in this case can be objectively calculated and are always quantifiable. Although the amount involved cannot be calculated mathematically, it can be invariably done by an expert. Commercial assets however consist of much more than straightforward business premises. A commercial firm consists primarily of the totality of its assets and liabilities, including premises, machinery, merchandise and its clientele, suppliers, employees, trademarks, commercial and industrial operating licenses etc. In these circumstances, and given that the value of the overall `commercial asset' is effectively a judicial concept that is not defined by law but which nevertheless encompasses a series of rights, complex calculations need to be undertaken by experts in order to ensure that an accurate price is put on the asset or assets. The value of foregone profits and commercial assets can always be established in court, with the pertinent calculations undertaken by accountancy specialists. Businessmen who own their own property are invited to address these matters during the expropriation proceedings, whereas commercial tenants are obliged t o bring cases t o the courts on their own initiative. Approaches by tenants are dealt with by judges, who follow the same procedures described above: both parties are entitled to nominate technical advisers or assessors to accompany the appraisal of a court nominated expert responsible for examining the appropriate evidence and presenting a report containing a sum to be agreed as compensation. In both cases - whether owner or tenant -when the amount of foregone profit arising from expropriation is finally determined (in other words, when a nexus of causality has been established) Metro will indemnify the expropriated parties accordingly. Temporary loss of income also falls within the `Foregone Profit' category. 7.6 Eligibility Criteria Based on the preliminary socio-economic study, the main categories identified in this area are residents and business people, with the latter in the majority. Non-resident owners and tenants are included in the survey and for each of the different categories a tailored approach will be applicable, with benefits offered in order t o satisfy the profiles and needs of each group. The tables below summarize the benefits for each category of property occupant. S%oPaulo Metro Line 5 - EA Executive Summary 27 Residential owner- Indemnity paid for replacement value* of the property; costs of removal, furniture occupiers stored (if necessary). B Residential tenants Indemnity paid for difference between the cost of renting present property and renting a property in similar condition (3 months); costs of removal, furniture stored (if necessary). C I Absentee owners I Indemnity paid equivalent t o replacement value* of property. Property owners with Indemnity paid equivalent t o replacing the property; paid removal, furniture own Business stored (if necessary); compensation for `Foregone Profits' duly inspected and confirmed by accountancy specialist. Owners of rented Indemnity paid equivalent t o replacement value* of property. commercial properties Cost of removal paid, furniture stored (if necessary), compensation for `Foregone Profits' duly inspected and confirmed by accountancy specialist. * Judicially-appointed appraisers will estimate the "replacement value" for compensation based on the physical condition of the property and the property market in the region. 7.7 Treatment of Vulnerable People Specific attention will be paid to vulnerable cases and special measures adopted according to specific circumstances. If necessary, the persons in this category will be advised and assisted to approach certain public services available in the area. Practical aspects of resettlement SZo Paulo Metro Line 5 -EA Executive Summary 28 From the time of the date of removal (to be informed by the legal department of the Metro Company based on the date of the service of Writ of Entry), Metro will undertake the relocation of the expropriated party and his moveable property a t no cost whatsoever to the latter. In the event of the expropriated party requiring temporary storage for his belongings, Metro will provide and pay for storage facilities. Complaint mechanisms Any person not satisfied with the treatment afforded by the S%oPaulo Metro Company a t any stage of the process will be able to contact the Community Relations Coordination Division or the Metro Company Ombudsman in order to register grievances. The affected parties can also choose to send e-mails and/or letters for the Legal Department, the Board of Directors or the CEO of the S%oPaulo Metro Company. All grievances and complaints received by the Company will be duly transmitted to the appropriate departments within the Company, depending on the specific types of grievances and complaints. Grievances will be analyzed and responded to within a maximum of one week. The claimant or aggrieved individual will receive a response by telephone, e-mail or ordinary letter or a personal visit from technical staff. Ex-Post and `lessons learned' evaluation The Ex-Post evaluation is planned to take place one year after the definitive conclusion of the relocation process. This evaluation will take into account the following: 0 Adaptation to the new property and neighborhood; 0 Socio-economic changes; 0 Social reinsertion; 0 Impact on normal routines. The evaluation will make use of all the information collected, including cadastral records, to establish comparison groups to assess whether the displaces have been able to improve, or at least restore, their pre-displacement assets and incomes as a result of the interventions. 7.8 Community Relations Centers The community relationship centers are places located along Line 5 extension under construction, with the objective to establish communication channels with community. These facilities are for public service and have as functions: clarifying doubts and provide information about the Line 5 project, about civil works and general clarifying to population, as well as receive and forward to Metro the population complaints and suggestions. These activities permit the identification and comprehension of the profile of the future user of Line 5, allowing the preparation of marketing programs specific t o each segment of people attended by the subway. In each place there are staff trained by Metro that will help people in person, by e-mail, or by phone calls. Metro created since March 3, 1999, a Community Relationship Center, in the Adolfo Pinheiro region, Stage 1of Line 5 extension, which has experienced the first impacts of the initial project. In Stage 2 of Line 5 new community relations centers will be placed in strategic places where the civil works will be undertaken. Slo Paulo Metro Line 5 - EA Executive Summary 29 8 IMPLEMENTATION AND MONITORING PLAN 8.1 Institutional Capacity Assessment The S%oPaulo Metro Company has demonstrated for a number of years its commitment t o managing social and environmental risks. In recent years i t s institutional capacity in the implementation and operation phases was strengthened with the expansion of its network. Metro has it s own environmental and social division under the Planning Department to deal with environment and sustainability aspects, which is guided by sound environmental management policies and practices. The staff is adequately trained and, together with the support of consultants, it is equipped to deal with the anticipated issues. The success in safeguard risk management is demonstrated by the monitoring plans that were developed for the implementation of Line 4 (which is set to start operations in 2010), as well as for Line 1 Line 2 and Line 3, all of them have operational for many years. , Metro has had experience, during Phase 1of Line 4, with a managing a World Bank-financed Category "A" Project that required environmental assessment and involuntary resettlement. Moreover, Metro has properly managed the environmental impact and involuntary resettlement due to the January 2007 construction accident that caused the death of seven people and damaged several homes and businesses. Following the accident, a Bank team closely reviewed the design and implementation of the resettlement and environmental management plan and found it to be satisfactory. The resettlement and compensation of affected parties i s now virtually complete, with only a few cases pending where the parties have decided to litigate. Additionally, the Bank team reviewed Metro's environmental monitoring system and made several recommendations for strengthening the use of monitoring data during implementation. The Bank's recommendations have been followed and Metro's performance t o date has been satisfactory. M etro will continue to strengthen its institutional capacity t o design and implement safeguard monitoring plans and has the necessary institutional capacity and staff capable of complying with the proper implementation of the Environmental Management Plans for Line 5 extension. 8.2 Institutional Arrangements Metro has specific existing norms (Environmental Directives for Contracting, NOR-00-201 rev.OO) and policies (Environmental Policy, POL- 01-101 rev.OO) that establish the institutional arrangements for all environmental management programs. These norms and policies will be cited in the contracts for civil works. These arrangements are divided into three phases: 1 Before the start of construction: The environmental documentation required for issuing of the . environmental licenses and all other authorization before the start of works are prepared by Metro's Department of Environment and Sustainability. This documentation is currently being finalized and were prepared over the course of 18 months. 2. During construction: The environmental monitoring is developed by companies hired to perform the management and supervision. Metro's Line 5 Office of Construction Management will manage and oversight of these companies, including those responsible for executing the construction and the mitigating actions to the environmental impacts. These activities will have a duration of about 20 months for Lot 1and 24 months for all other Lots. 3. Operations: Metro's Environmental Management System (EMS) has been implemented in the area of maintenance and is being implemented in the operational areas. As each segment of Line 5 becomes operational, the management of environmental issues will be carried out according to the parameters established by Metro's EMS. 8.3 Budget and Responsibilities The following table presents the most current information available on the resources and responsibilities for each of the environmental and social management programs related to the Line 5 Project. SSo Paulo Metro Line 5 -EA Executive Summary 30 Environme Vlanagement rograms f o r Line 5 Responsible Implementing Agency or Documentat ion Department j Department 5ocial Communications PCS 0.25 Project's civil Program works budget ,Relations Environmental 6.94 Project's civil Metro GMS and Metro's Department of Compensation Program works budget PMU Environment and Sustainability Cultural Heritage 0.17 jyr Project's civil Program works budget Community Relations Environmental Control PCA 1.39 Project's civil Program during works budget Construction Environmental Control PCO 0.33 l y r Metro's Metro GOP and Metro's Department of Program during operational PMU Environment and Sustainability Operations budget I Institutional Articulation 0.17 l y r Metro's Metro GC5 and Metro's Office of Transport Program operational PMU Planning and Civil Works PA` budget Contractor Action Plan for Emergencies Resettlement Action I PAE 0.08 l y r 0.19 Project's civil works budget Project's civil Plan works budget Relations Expropriation 284.00 Notes: GC5: Metro Line 5 Office of Construction Management PMU: Metro Project Management Unit GMS: Metro Office of Environmental Management and Community Affairs GOP: Metro Office of Operation Management 1 US Dollar is approximately 1.8 Brazilian Real (November 2009) SSo Paulo Metro Line 5 - EA Executive Summary 31