SFG3910 Environment and Social Management Framework (Main Volume) Jharkhand Urja Sancharan Nigam Limited Final Draft Report September 2017 www.erm.com The Business of Sustainability FINAL DRAFT REPORT Jharkhand Urja Sancharan Limited Environment and Social Management Framework (Main Volume) 04 September 2017 Reference # 0402882 Prepared by: Avijit Ghosh Principal Consultant Approved by: Debanjan Bandyopadhyay Partner This report has been prepared by ERM India Private Limited a member of Environmental Resources Management Group of companies, with all reasonable skill, care and diligence within the terms of the Contract with the client, incorporating our General Terms and Conditions of Business and taking account of the resources devoted to it by agreement with the client. We disclaim any responsibility to the client and others in respect of any matters outside the scope of the above. This report is confidential to the client and we accept no responsibility of whatsoever nature to third parties to whom this report, or any part thereof, is made known. Any such party relies on the report at their own risk. Table of Content EXECUTIVE SUMMERY I 1 PROJECT OVERVIEW 1 1.1 POWER TRANSMISSION IN SCENARIO IN JHARKHAND 1 1.2 THE BACKGROUND OF THE PROJECT 2 1.3 DESCRIPTION OF PROPOSED PROJECTS IN JPSIP 2 1.4 OBJECTIVE FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK 4 1.5 SCOPE OF THE ENVIRONMENTAL AND SOCIAL SAFEGUARDS FRAMEWORK 4 2 THE POLICY & REGULATORY FRAMEWORK 6 2.1 REVIEW OF POLICIES, LEGISLATIONS AND GUIDELINES 6 2.2 APPLICABLE POLICY AND LEGISLATION FOR JPSIP PROJECTS 8 3 ENVIRONMENTAL & SOCIAL ISSUES AND MITIGATION MEASURES 17 3.1 ENVIRONMENTAL AND SOCIAL SENSITIVITIES IN JHARKHAND 17 3.1.1 Ecological Sensitivity 17 3.1.2 Resource Vulnerability 18 3.1.3 Socio-Economic Sensitivity 18 3.2 ENVIRONMENTAL ISSUES 18 3.2.1 Visual & Aesthetics 18 3.2.2 Soil 19 3.2.3 Terrestrial Flora 20 3.2.4 Terrestrial Fauna 21 3.2.5 Avian Fauna 22 3.2.6 Emission and Discharges from Construction Activity 23 3.2.7 Emission and Discharges from Operation and Maintenance Activity 24 3.2.8 Ground Water Resource 25 3.2.9 Occupational Health and Safety 26 3.2.10 Community Health and Safety 27 3.3 SOCIAL ISSUES 28 3.3.1 Standing Crop 28 3.3.2 Land use 28 3.3.3 Loss of Land 29 3.3.4 Impact of Labour Influx 30 3.3.5 Impacts due to cumulative labour at site 30 3.3.6 Common Property Resources 31 3.3.7 Interference with utilities and traffic and blockage of access way 32 3.3.8 Tribal Communities and Their Cultural Properties 32 3.3.9 Chance find of archaeological artefacts, treasure etc. during excavation 33 3.3.10 Women Work Participation and Decision Making 33 4 E&S SAFEGUARDS IMPLEMENTATION 35 4.1 E&S SAFEGUARDS IN THE JUSNL PROCESS 35 4.1.1 Project Conceptualisation 35 4.1.2 Project Planning 37 4.1.3 Detailed Design and Tendering 39 4.1.4 Project Implementation 40 4.1.5 Project Operation & Maintenance 41 4.2 THE SAFEGUARDS IMPLEMENTATION PROCESS 41 4.2.1 Process for Procurement/Acquisition of Land 41 4.2.2 EMP Implementation 43 4.2.3 Grievance Redress Mechanism 43 4.3 CONSULTATION AND DISCLOSURE 45 4.3.1 Consultation 45 4.3.2 Information Disclosure 46 4.3.3 Feedback Mechanism 48 5 IMPLEMENTATION ARRANGEMENT 49 5.1 INSTITUTIONAL ARRANGEMENT 49 5.2 CAPACITY BUILDING 50 5.2.1 Staffing 51 5.2.2 Training 54 5.3 MONITORING AND REPORTING 54 5.4 EVALUATION 57 5.5 COSTING FOR ESMF IMPLEMENTATION 57 5.6 RESPONSIBILITIES LI 5.7 MONITORING FRAMEWORK LI 5.8 REFERENCES (IF APPLICABLE) LII 5.9 RECORD LII 5.10 REVIEW & UPDATE LIII List of Table Table 2.1 The Reference Framework for JPSIP and its Applicability in the Project 9 Table 4.1 Summary of Consultation Framework 45 Table 4.2 Summary of Information Disclosure Plan 47 Table 5.1 Training Details 54 Table 5.2 Monitoring Indicator 55 Table 5.3 ESMF Implementation Budget 57 List of Figure Figure 1.1 Schematic of the New Transmission line 3 Figure 2.1 Policies and National and State level Legislations which would be applicable to JPSIP 7 Figure 4.1 JUSNL Work Process with E&S Safeguards 36 Figure 4.2 Two Stage Screening Process 37 Figure 4.3 Triggers for Specialised Studies 38 Figure 4.4 Process of Land Procurement in JUSNL 43 Figure 4.5 Grievance Redress Process 45 Figure 5.1 Institution Arrangements 50 List of Annexure Annexure1: List of Subprojects in JPSIP Annexure2: Policies and Regulations Applicable To JPSIP Annexure 3: Equivalence of the National and State Level Environmental & Social Rules and Regulations and World Bank Operational Policies Annexure 4: Detailed Description of Environmental and Social Baseline Annexure 5: Bio-Engineering Techniques for Soil Stabilisation Annexure 6: Procedure for Management of Hazardous Waste and E-Waste Annexure 7: Format for Undertaking Alternative Analysis Annexure 7: Format for Undertaking Alternative Analysis Annexure 8: Terms of Reference for ESIA Studies Annexure 9: Sample Terms of Reference (TOR) For Biodiversity Assessment Study Annexure 10: ESMP Supervision Checklist Annexure 11: Issue Related to Labour EXECUTIVE SUMMERY The Government of Jharkhand with active support of the Government of India has planned for implementing 24x7 Power for All in the state. The program is aimed at achieving 24x7 reliable powers for all the households by FY 2019. The PfA roadmap includes interventions in generation, transmission, distribution and energy efficiency and is proposed to be implemented during FY16 to FY19.As part of this initiative Government of Jharkhand through Jharkhand Urja Sancharan Nigam Limited (JUSNL) has planned to develop the transmission infrastructure in the State. This transmission infrastructure development is being funded from different sources e.g. domestic fund, Public Private Partnership (PPP) and multilateral funding. The Jharkhand Urja Sancharan Nigam Limited (the state run power transmission utility company) has approached the World Bank for assistance to fund a part of the transmission infrastructure development/upgradation under the Jharkhand Power System Improvement Project (JPSIP). The project, Jharkhand Power System Improvement Project or JPSIP, would include:  Creation of 25 new 132 kV substations, and  Development of associated 132 KV transmission lines of around 2000 Kms. These transmission lines and substation have been divided into packages. Since the proposed sub-projects are yet to be conceptualised /designed Project level Environment and Social Impact Assessment (ESIA) are not feasible. An overarching framework has thus been designed to define a mechanism for integrating environmental and social concerns into the planning, designing and implementation of JPSIP. The ESMF has thus not only defined process for planning and implementing the environmental and social safeguards in subprojects but also provided guidance to the planning and designing of transmission lines and substation so as to avoid or minimise project footprint into environmentally and socially sensitive areas e.g. forest, sanctuaries, sacred groves, settlements etc. The framework has further defined the institutional mechanism for implementing the E&S safeguards during the entire lifecycle of the project. THE REFERENCE FRAMEWORK The ESMF identifies the national and state level legislation rules and guidelines which would be applicable to JPSIP. It has also identified the World Bank Policies and guidelines which are applicable in JPSIP. The ESMF also goes on to suggest additional efforts which have to be undertaken by JPSIP during the implementation to ensure equivalence between the World Bank Policies and National Legislations. The important electrical, environmental social and labour related legislation and World Bank Policies and guidelines are provided below: ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 ES-I  World Bank Policies/Guideline: OP 4.01 Environmental Assessment, OP 4.04 Natural Habitats, OP 04.10 Indigenous People, OP 4.11 Physical Cultural Resource, OP 4.12 Involuntary Resettlement, OP 4.36 Forest, IFC/WB General EHS Guideline, IFC/WB Guidelines for Power Transmission and Distribution.  Electricity related Legislation: Electricity Act 2003, Technical Standards for Construction of Electrical Plants and Electric Lines Regulations, 2010 and Measures relating to Safety and Electric Supply Regulations, 2010.  Environmental Legislation: Environment Protection Act, 1986; Forest Conservation Act, 1980; Jharkhand Timber and Other Forest Produce (Transit and Regulation) Rules, 2004; Wild Life Protection Act, 1972; Ancient Monuments & Archaeological Sites and Remains Act, 1958; Indian Treasure Trove Act, 1878; Jharkhand Ancient Monuments and Archaeological Sites, Remains and Art Treasures Act, 2016; Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016; E-Waste (Management) Rules, 2016; Battery (Management & Handling) Rules, 2001; Ozone Depleting Substances (Regulation and Control) Rules, 2000 and Central Ground Water Authority (CGWA) Public Notice dated 4th January 2017  Social Legislation: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; The Chota-Nagpur Tenancy Act, 1908; Santhal Parganas Tenancy Act, 1949; Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006  Labour Related Legislation: The Child Labour (Prohibition and Regulation) Act, 1986; Contract Labour (Regulation & Abolition) Act 1970; Minimum Wage Act, 1948; Bonded Labour System (Abolition) Act, 1976; Grievance Redressal Policy under Industrial Disputes Amendment Act, 2010; Employees' Provident Fund and Miscellaneous Provisions Act, 1952; The Payment of Wages Act, 1936, amended in 2005; Workmen's Compensation Act, 1923;Maternity Benefit Act, 1961; Employees State Insurance Act, 1948; Inter-state Migrant Workmen Act 1979 and Intimation of Accidents (Forms and Time of Service of Notice) 2004 COMPENDIUM OF ENVIRONMENTAL AND SOCIAL SENSITIVITIES A compendium of the bio-physical and social sensitivities in the State of Jharkhand has been compiled to provide an understanding of scale and magnitude of sensitivity/vulnerability of ecological, physical and social environment. Ecological Sensitivities: The state of Jharkhand has 23,478 km2 forest area which is 29.45 % of the state's geographical area. Of the total recorded forest area, Reserved Forests constitute 18.58%, Protected Forests 81.28%, and Unclassed Forests 0.14%. The GM Land (Jungle Jhari) are also considered as deemed forest and adds on to the forest cover in Jharkhand. There are 12 Protected Area in the state consisting of 1 National Park (NP) and 11 Wildlife ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 ES-II Sanctuaries (WLS), 1 Elephant Reserve and 1 Tiger Reserve. Eco-sensitive zones have been declared only for Dalma WLS and are in the draft stage for the Palamau Tiger reserve and the Hazaribagh WLS. For the remaining WLS the area of 10 km around the boundary would be considered as Eco-Sensitive Zone as directed by the Hon’ble Supreme Court. In Jharkhand there are number of elephant corridors which connects the different elephant habitats. The important elephant habitats in the state are located in Belta National Park, Palamu Tiger Reserve in the western districts of Latehar, Gumla and Lohardaga and the Dalma Wildlife Sanctuary including the forests of Saranda, Porhat, Kolhan, Saraikela and Dhalbhum Forest Divisions in the districts of East and West Singh hum and Saraikela – Kharsawan. JPSIP would avoid these areas during the planning phase in order to reduce it ecological foot print. In case it is unavoidable to be align routes through these ecologically sensitive areas special mitigations would be planned. Resource Vulnerability: Physical resources like water is considered important in JPSIP since water would be required during civil work of transmission line and substation. In the operation phase of substation, water would be required for the residential quarters. The water would primarily be sourced from ground water as most of the rivers are rain-fed. Ground water resources in eight blocks in Jharkhand are already in stress. Ground water resource utilisation in JPSIP needs to be controlled in these areas. Socio-Economic Sensitivity: The socio-economic baseline conditions show that the Scheduled Tribes constitute 26.2% of the entire population of the state. There are 32 Scheduled Tribes in Jharkhand. In the state, the right of the tribal are also protected by Chota-Nagpur Tenancy Act (CNT), 1908 and Santhal Parganas Tenancy Act (SNT), 1949 in addition to the national legislations. The tribal population have specific cultural and religious heritage e.g., sacred groves; special care needs to be taken to reduce the impacts on the tribal while planning of lines/ substation through these areas. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACT AND MITIGATION The key environmental and social issues associated with installation of transmission lines and substations are discussed. The corresponding preventive and/ or mitigation measures are designed applying the principle of mitigation hierarchy: “Avoid, Minimise, Mitigate and Offset”. The potential issues and the mitigation measures are presented in Table below. Potential Environmental and Social Impact and Mitigation Potential Impacts Mitigation Measures Visual and Aesthetic Electric transmission lines may be routed to New tall steel structures may seem out of avoid areas having scenic beauty. In avoidable proportion and not compatible with circumstances number of towers may be landscapes especially when located around avoided by using natural topography / sag areas with archaeological monuments or curve or by camouflaging the towers. natural landscapes as it would degraded the ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 ES-III Potential Impacts Mitigation Measures view of such areas. Soil To prevent impact on soil/land during The impact on soil occurs primarily due to construction of transmission lines/substation i) mixing of subsoil with the productive soil excess excavated material from tower footing during the excavation for tower foundations. has to be removed by the contractor before The excavation for tower foundation would completion of tower construction. ii) The cut also aggravate soil erosion especially in and fill slopes would be protected using districts which are sensitive to gully erosions.standard engineering practices including bio- The movement of vehicle over the engineering techniques wherever feasible; iii) agricultural land to access the construction All internal drainage channels from the site would also cause compactions of soil and substation site would be connected to a affect soil fertility. peripheral site drainage channel. A sedimentation tank should be provided at the end of the peripheral drainage before the water is discharged to adjoining areas. Terrestrial Flora Wherever possible, JPSIP would use the existing Transmission line construction causes path/access roads for the movement of man and disturbance of RoW soils and vegetation due machinery. Further, i) in areas having good to movement of people and vehicles along the vegetation cover JPSIP would encourage use of RoW, access roads, and laydown areas. In extended/ special tower to reduce felling of addition, to facilitate stringing operation and trees in RoW and thereby reduce impact on trees also to maintain the safety distance the trees within the RoW ii) have specific clauses in the within the RoW would be felled. The contract document to prevent felling of trees clearance of vegetation can also contribute to during stringing unless it becomes absolutely the spread of invasive species. Once necessary iii) For any transmission line passing introduced, invasive species will likely through forest areas (NP, WLS, PF, RF, and spread and impact appropriate habitat. Jungle Jhari) construction would be undertaken only after clearance under the Forest Conservation Act 1980 is obtained. Terrestrials Fauna JPSIP would make efforts to prevent intrusion of Large animals such as elephants might get transmission line into wildlife habitats through electrocuted due to sagging of powerlines. In optimization of route alignment. Further for case of transmission line cutting across transmission passing through elephant elephant corridor the mandatory ground habitat/corridor, suitable design modification in clearance may be compromised in case of 132 the tower e.g. increasing the tower height would KV line (mandatory ground clearance = 6.1 be undertaken. Temporary woven wire mesh m. Further), Transmission line through guards of about 2.4 m high will be put around National Park, Wildlife Sanctuaries, Elephant the excavated areas for tower foundation to Reserve, Tiger Reserve and wildlife corridor, prevent small wild animal from falling. would cause disturbance to wildlife habitats. Avian Fauna To prevent adverse impacts to birds the ESMF Likelihood of avian collisions is high suggests that: i) The transmission lines would especially when transmission lines are avoid such areas with known avian populations located near migratory bird corridors, e.g. nesting grounds, foraging grounds, foraging grounds or nesting and roosting migration corridors; ii) provide bird guards and sites. The incidences of electrocution of birds markers in transmission lines as per the are rare as the distance between the specification provided in IS-5613 (Part-II) to conductors in case 132 KV (1.12m) lines are prevent electrocution of birds. usually more than the wing span of most of the birds in the state. Emission and Discharges (During To prevent adverse impacts following Construction) mitigations measures are suggested i) Septic The emission and discharges during the tanks and soak pits/modular bio-toilets would construction are likely from the solid and be provided at all construction camp lay down liquid waste generated form construction area and fly camp; ii) to prevent air pollution the camps, laydown areas and fly camps. The vehicle carrying construction material and construction machinery in case of substation machinery would move along the existing and winching machinery are the only access road; iii) to prevent excessive noise potential source of noise. They produce more during stringing of transmission line, the ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 ES-IV Potential Impacts Mitigation Measures than 70 dBA. The impact on air quality will winching machine would be kept at least at a be only limited to construction period and distance of 500 m away from the nearest will be limited to location near the habitation.; iv) regular maintenance of the construction site of substation. machinery used in substation construction should be carried out to prevent excessive noise. Emission & Discharge (During Operation) To prevent these harmful impacts: i)the The used transformer oil is categorized as procurement contract for transformer oil in hazardous wastes. The Poly chloro-biphenyl JPSIP would have specification that the oil in the transformer oil has good dielectric should contain PCB less 2 mg/kg; ii) used property but bio-accumulates in the food transformer oil would be disposed in chain and is not at all biodegradable. accordance to the Hazardous Rules, 2016. Similarly, electrical and electronic equipment JUSNL would also obtain necessary (EEE) have hazardous / toxics substances in authorisation from JSPCB; iii) strict and well the components which may cause harm/pose defined procedure would be put in place for risk to health and environment during storage, handling and refilling of SF6 gas handling. The SF6 gas used in circuit breakers cylinders. is a highly potential Green House Gas (GHG). Ground Water Resources To prevent misuse of ground water the Construction of substation would require following mitigations have been proposed; i) water for concreting, curing as well as for ground water abstraction permission would be domestic purpose. There are 8 blocks in obtained from CGWA for all bore wells; ii) Jharkhand are either over-exploited or semi- ground water usage for construction work critical or critical. For operation phase the would be reduced by adopting practices e.g., water would be required only for domestic use buckets to wash tools instead of using purpose. The water for construction and running water, use of auto shut off taps in operations would be primarily sourced from labour accommodation etc. groundwater. Community Health and Safety During the construction period the entire During the construction of the foundation for construction areas shall be barricaded. To the tower footing the excavation can pose facilitate easy identification of these areas potential safety concerns for the inhabitants during the night, reflective tapes would be in the locality. This would be more relevant placed on the boundary so that the people can when the construction is carried out near a be easily warned. settlement or along a foot track or existing village road. Standing Crop Mitigation measures to reduce impact on loss of The construction of the transmission tower standing crop: i) Constructions to be undertaken foundation, erection of towers and stringing during the lean agricultural season after the of transmission lines involve movement of harvest are over; ii) use of village roads and men, machinery and equipment across earth bunds between agricultural plots for agricultural fields leading to the tower movement of equipment and workers; iii) when locations, thereby causing potential damage damage to standing crops cannot be avoided, to the standing crops in adjacent agricultural the farmer will be compensated based on the plots due to movement of the vehicle and entitlements as mentioned in the Resettlement equipment and construction workers. Framework. Restriction on Land use Following measures would be adopted: i) the It is estimated that more than 6000 towers payment of compensation for the damages would be constructed under the project. In would be made transparent.; ii) if required a addition, JPSIP would also require a right of negotiated settlement may be carried out by the way for transmission line. This would lead to district level committee setup for JPSIP with the an adverse impact on the value of land landowner to compensate for damages during parcels due to physical obstruction to use of the project construction. The District level land falling under the tower footprint. Committee would be chaired by the Deputy Commissioner and have Chief Engineer of the respective circle and Deputy District Commissioner as members. Loss of Land Measures to mitigate loss of land are as follows; Land requirements for each substation (new i) JPSIP would endeavour to use non-forest 25 new substations) would vary from 8- government land and avoid any irrigated ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 ES-V Potential Impacts Mitigation Measures 12acres depending on the capacity of the agricultural land; ii) where procuring private substation and other technical considerations. land cannot be avoided and it is done through a Effort will be given to procure government negotiated settlement /land acquisition land for substation. However, there may be process., The land owner will be duly some cases where private will be procured. compensated as per the provisions mentioned in This may result in loss of livelihood of land the Entitlement Matrix in the Resettlement owner. Framework (RF). In case of procurement of land through negotiated settlement, JPSIP shall ensure that compensation/rate for land is not less than the market value of land. Details of the process are presented in the Resettlement Framework. The price of land would not be less that the price of land calculated by the RFCTLARRA, 2013. The affected persons will also be compensated for the loss of income and common property resources. Common Property Resources Where ever required in JPSIP before using During construction phase due to the village road, minor improvement would be movement of the construction related vehicle carried out. In case of damage to the road or and machinery common property resource culvert or any common utilities during the e.g., road, culvert etc may be damaged. construction activities it would be the responsibility of the contractor to repair the same. Interference with utilities and traffic and Stringing at the construction stage would be blockage of access way carried out during lean traffic period in During the stringing operations when the consultation with the District Administration transmission line crosses any road/ railways and local office of the utilities and angle towers line, hindrance may be caused to the would be planned during the design phase to movement of traffic. In some instances facilitate execution of work. temporary closure of the road/railway line may be required to facilitate stringing activities. Tribal Communities and Their Cultural Once tribal populations affected by a subproject Properties are identified a Tribal Development Plan would Sacred Groves are of great cultural be prepared and implemented by JPSIP to importance to the tribal population. These ensure that affected tribal population are groves may potentially get impacts during provided with special assistance, receive the stringing operation from one transmission adequate protection against project adverse tower to another. impacts on their culture identities etc. Chance find of archaeological artefacts, Possibilities of such phenomenon in treasure etc. during excavation transmission project are quite remote. However, For developing the foundation of the towers in case of such findings, JPSIP would follow the 2-3 m deep excavations have to be carried procedure as laid down in the Section 4 of out. During such excavation there may be a Indian Treasure Trove Act, 1878 as amended in possibility of ‘chance finds’ of any 1949. The Contractor shall also be liable to archaeological artefacts, treasure etc. follow provisions of this Act. Women Work Participation and Decision Women involvement will be ensured through Making formal and informal group consultations so that The average female work participation in all their participation is ensured during the blocks is 41.20 percent (which is higher implementation of the project. For women than the national rate of 25.6 percent). labour employed at construction site, separate However, work participation of female arrangement like toilet facility, rest area etc. workers in power sector, especially would be made for them. Also there will not be transmission line projects are considerably any discrimination for men and women worker. less. A Gender Action Plan has also been prepared for JPSIP to integrate these issues into planning and implementation ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 ES-VI E&S SAFEGUARDS IMPLEMENTATION PROCESS To ensure that the E&S safeguards are integrated in the process of JUSNL the ESMF has proposed mechanism to be implemented during the different stages of the project namely:  Project Conceptualisation  Project Planning  Detailed Design and Tendering  Project Implementation  Project Operation and Maintenance The specific actions during each of these project stages are presented in the sections below. E&S Safeguards in the JUSNL Process Project Conceptualisation During the Project Conceptualisation stage when the route alignment are being identified it is proposed that three alternatives including the BEE line would be developed. The alternative would be analysed for environmental and social sensitives including presence of Protected Areas, ESZ, Notified sacred groves and major habitation. Presence of any of these would be communicated to the Technical consultant for developing alternatives to exclude the same. These environmental and social inputs along with the techno-commercial inputs would be used for developing the final alignment. Project Planning The second level screening of the two stage screening process (first part of the screening process would be carried as part of the Screening of Alternatives during the Project Conceptualisation) would be carried out for the final alignment .In consultation with the Technical Consultant efforts would be made to avoid forest (including Jungle Jhari), sacred groves, religious and cultural areas, elephant corridors etc through realignment and/or alternative design. Subsequently, an Initial Environmental and Social Assessment (IESA) of the selected site/ transmission line would be carried out to ascertain whether specialised studies (e.g., Resettlement Plan, Biodiversity Assessment, and Tribal Development Plan) have to be conducted. The scope of the ESIA studies would also be defined through the IESA. Considering the scope of studies (defined through the IESA) for each substation/transmission line, baseline information would be collected from surveys, field studies and secondary sources. The baseline information would be used for the development of the project specific ESIA and site specific ESMP. During the detailed surveys stage if forest land (including GM Forest land) is unavoidable either for the substation or for the tower footing, the process of forest clearance as per the provisions of the Forest Conservation Act 1980 would be initiated ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 ES-VII Detailed Designing and Tendering For the purpose of tendering the subproject specific ESMP (including the ecological management plan if required) would be part of the contract document for the Contractor. Similarly for the implementation of the Resettlement Plan, Tribal Development Plan an Involuntary Resettlement Implementing Agency would be selected through tendering process. Project Implementation The construction phase would begin with the check survey being carried out by the contractor. During this survey the Contractor would confirm the exact location of the tower footing and also identify the ownership of the land with the help of the Circle Office of the Revenue Department. Simultaneously consultations would be held with the land owner to understand his willingness to take part in the process of negotiations for damages in lieu of uptake of land. The land for the tower footing would be primarily procured through a process of negotiated settlement but JUSNL would also be free to acquire this land under the provisions of RFCTLARRA 2013. The negotiation for uptake of land would be carried out by the District level Committees under the Chairmanship of the Deputy Commissioner. The Deputy District Commissioner (Land Revenue), GM cum Chief Engineer of the respective circle and the Circle officers of the affected areas would also be members of the committee. Two rounds of negotiations would be held with the affected persons and if an amicable settlement is not reached the case would be referred to the Divisional Commissioner for adjudications. The Divisional Commissioner after hearing all the parties i.e. land owners and JUSNL may suggest on a top up price after consultation with JUSNL. A Letter of Consent would be obtained by JUSNL from the landowner after successful completion of the negotiations. The Implementing Agency would carry out a socio- economic survey to assess profile and vulnerability (if any) of the affected population. An independent party would also be hired by JPSIP to document the negotiation and settlement processes. The IR Implementing Agency would also be responsible for implementing the Resettlement Action Plan and the Tribal Development Plan. The site specific ESMP would also be implemented by the Contractor. The Contractor would be responsible for carrying out regular reporting of ESMP implementation to Division/Circle Office of JUSNL while the IR Implementing Agency would report the progress of implementation of Resettlement Action Plan and Tribal Development Plan to the Division/Circle Office of JUSNL. In turn, the Circle/ Division Office of JUSNL would report the same to the JPSIP PIU. Project Operation JPSIP PIU through the Division/Circle offices will continuously monitor implementation of environment and social safeguards of transmission lines ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 ES-VIII and substations including encumbrance on the RoW, disposal of used transformer oil, e-waste etc. Grievance Redress Mechanism A three tier Grievance Redress Mechanism is being proposed by JPSIP. The system would be used by the stakeholders including affected/displaced persons to flag-off any concerns/grievance/disputes in the project and seek redressal of the same thereby ensuring effective participation. Three tier Grievance Redress Mechanism has been proposed for JPSIP i.e. Circle, Zone and Head Quarter level. If the grievance/ complaint is not resolved at GRC Level or the complainant is not satisfied with the solution provided by GRC, the affected person may approach the Court of Law. Consultation and Disclosure: Through the process of consultation and disclosures, JPSIP would envisage to build participation of stakeholders’ at each stage of project planning and implementation. A consultation framework has been drawn up by in JPSIP to ensure that effective participation by stakeholder and integration of the feedback received from stakeholder into the project plans where it deems fit. Information Disclosure JPSIP would also provide citizen-centric information on the policies and the details of subprojects along with its implementation process in accordance to the provision of the Right to Information Act 2005 and World Bank Policies on Information Disclosure. An Information Disclosure Plan has also been Prepared as part of the ESMF. IMPLEMENTATION ARRANGEMENTS The organisational structure for E&S safeguards implementation at JPSIP including the mechanism for monitoring, supervision and reporting of the E&S safeguards implementation is described in the subsequent sections. Institutional Arrangement For effective implementation of the different activities specified in these three process mentioned above and also implementing the provisions in the ESMP, SIA and RAP it is proposed that the Project Implementation Unit of JPSIP (PIU- JPSIP) would be adequately equipped. Presently the PIU-JPSIP is housed at the JUSNL headquarters in Ranchi and includes the following personnel:  Chief Engineer (Transmission; O&M)  Superintending Engineer  Executive Engineer  Junior Engineer To specifically address the environmental and social concerns in the project it is proposed that an Environmental Officer and Social Officer should also be ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 ES-IX included in the PIU JPSIP. Further, to handle forest related issues an officer of the rank of the Divisional Forest Office (DFO) should also be deputed in the project for the purpose of coordination. In addition during the implementation of JPSIP since the Junior Engineer of the respective section would be responsible for the supervision of implementation of the subproject it proposed that he should also be trained on E&S Aspects. The Contractor would also play a crucial role in case of negotiated settlement; he would carry out the first level of consultation to understand the willingness of the landowner to be involved in the negotiated settlement process. It is thus proposed that the Contractor’s team should also have a Social Officer so that the consultation process can be handled sensibly. In addition to the above it is proposed that an Involuntary Resettlement (IR) Implementing Agency would be appointed by JPSIP to assist them with the implementation of the Resettlement Action Plan and Tribal People Plan Training Considering the present capacities of JUSNL a training plan has been drawn up for the JUSNL personnel involve in the project implementation. The training will focus on the environmental and social issues associated with the transmission sector in general and JPSIP in particular. A training plan has been drawn for JPSIP which would include:  Sensitisation Training: A half day training to the JUSNL Senior Management and JPSIP PIU including divisional offices(SE/EE) on WB Policies, ESMF Requirements and coordination with other department  ESMF Implementation Training: A series of five one-day training in each zone to all JPSIP Professionals and JUSNL Divisional Offices and the team involved in Project Implementation on Reference Framework for ESMF, implementation of the Environmental and Social Mitigation Measures and Grievance Mechanism  Project Implementation: One refresher training each year to discuss on the observation from last year’s monitoring report. The participant would be selected based on the E&S performance of the projects being executed by the division. Monitoring and Reporting The JPSIP PIU through the respective Division/ Circle Offices would monitor the implementation of the environmental and social safeguards in all the subprojects to ensure conformity to the requirements of the ESMF. The reporting would be carried out subproject wise every month by the respective contractors. These reports would be collated into Monthly Progress Reports (MPR) and would be submitted by the Division/Circle Offices of JUSNL implementing the subproject to the JPSIP PIU. The Environmental Officer and Social Officer of the JPSIP PIU would also visit the site regularly for the purpose of monitoring and supervision. ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 ES-X The JPSIP PIU would review these monthly reports and identify technical, managerial or regulatory and safe guard issues with regards to the compliance of the ESMF provisions. The identified technical, managerial or regulatory related issues will be duly assessed by the PIU and a corrective action plan developed. These interventions would be conveyed to the JUSNL Management through a Quarterly report for approval and subsequently implemented by JPSIP PIU. The PIU would also prepare a Half-yearly internal monitoring report and present it to the JUSNL Board for approval and subsequently report to the World Bank. Evaluation In addition to the internal monitoring an external evaluation of the ESMF would be carried out by an independent agency. The external evaluation will be undertaken semi-annually during the implementation of the project and at the end of the implementation. The External Evaluation Report would evaluate the process of E&S Implementations e.g. Land Procurement/Acquisition, Forest Clearance, ESMP Implementation, Resettlement Plan, Tribal Development Plan Implementation. This would this help the JPSIP PIU to identify areas where the E&S Implementation needs to be strengthened. ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 ES-XI 1 PROJECT OVERVIEW The Government of Jharkhand with active support from Government of India’s has planned for implementing 24X7 Power for All (PfA)(1) in the state. The program is aimed at achieving 24x7 reliable powers for all the households by FY 2019. The PfA roadmap includes interventions in generation, transmission, distribution, renewable energy and energy efficiency and is proposed to be implemented during FY16 to FY19.As part of this initiative Government of Jharkhand through Jharkhand Urja Sancharan Nigam Limited (JUSNL) has planned to develop the transmission infrastructure in the State. This transmission infrastructure development is being funded from different sources e.g. domestic fund, Public Private Partnership (PPP) and multilateral funding. The Jharkhand Urja Sancharan Nigam Limited (the state run power transmission utility company) has approached the World Bank for assistance to fund a part of the transmission infrastructure development/upgradation under the Jharkhand Power System Improvement Project (JPSIP). 1.1 POWER TRANSMISSION IN SCENARIO IN JHARKHAND The State of Jharkhand has quite a different scenario compared to the remaining states on India. Even though it is located in the energy rich eastern region of the country, the demand supply gap in the state is higher than that of the national average. The supply of power in Jharkhand is undertaken by five distribution licensees namely Damodar Valley Corporation (DVC) in the DVC Command Area, Jamshedpur Utilities and Services Company Limited (JUSCO), Tata Steel Limited (TSL), Steel Authority of India Limited (SAIL) in the respective industrial areas under their jurisdictions. The remaining area of the state is catered by state distribution licensee Jharkhand Vidyut Bitaran Nigam Limited (JVBNL). All utilities in the State, except JVBNL, are largely able to meet their peak requirement. The State distribution licensee, JVBNL, has faced peak deficit of nearly 310 MW during FY15. A review of the power supply position in JVBNL area, over the last five years shows that there has been a shortfall in both peak and energy terms, over the past five years at the tune of 13.8 -16.4 percent. The demand for power in JVBNL area has grown gradually at 4.3 percent year on year (YoY) over the last few years and stands at 2,120 MW during FY15. The power supply has not been able to keep pace with the demand, with peak deficit remaining consistently in the range of 14 to 16 percent. This deficit may not only be attributable to irregular load requirement but also due to non- reliable generation sources and the T&D network constraints in the State. (1) 24x7 - Power for All (24x7 PFA) is a Joint Initiative of Government of India (GoI) and the respective State Governments with the objective to provide 24x7 power available to all households, industry, commercial businesses, public needs, any other electricity consuming e ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 1 Notably, in Sahibganj, Garhwa and Ranchi area the deficit is majorly on account of transmission constraints. The State Transmission Utility, JUSNL presently has 4,930 MVA substation capacities at 220kV and 132kV with 36 numbers of GSS and 3,392 ckm of transmission lines. The intrastate transfer of power within the state of Jharkhand is being done by JUSNL or DVC, while the inter-state transfer is largely done by the Inter State Transmission system (ISTS) of Eastern Regional Grid and to some extent by DVC. The intra-state transmission is adequate for meeting the existing demand of the distribution utilities in the State and operates at an annual average availability of 98% and at a technical loss of approximately 5%.As the power demand is projected to increase more than two folds in the coming year fuelled by the dual forces of urbanisation and industrial growth, significant investments are required in the intra-state transmission systems in Jharkhand. 1.2 THE BACKGROUND OF THE PROJECT To meet Power for All (PFA) target and improve quality power supply to Industrial & Domestic users in Jharkhand by 2018-19, JUSNL, has taken up massive plan for augmenting the transmission infrastructure in the State. For this, new substations (including GSS) and intra-state transmission lines have been planned. At present JUSNL has a scheme ongoing for development of 3315 cKm of transmission lines and transformational capacity of 5160 MVA through development of 16 nos. of substation either through domestic funding or PPP Model. In addition, it plans for developing transformation capacity of 4270 MVA (30 nos. of substation) and 4180 ckms of transmission line in FY 2017-18, 18-19, 19-20. For strengthening and augmenting a part of the power transmission network in the state, Government of Jharkhand (GoJ), through Department of Economic Affairs, Government of India (GoI), has requested the World Bank for financial and technical assistance under the Jharkhand Power System Improvement Project (JPSIP).The project, Jharkhand Power System Improvement Project or JPSIP, would include:  Creation of 25 new 132 kV substations, and  Development of associated transmission lines of around 2000 Kms. 1.3 DESCRIPTION OF PROPOSED PROJECTS IN JPSIP The approximately 2000 km of transmission lines have been divided into packages covering most of the areas of the state except for the DVC command arears. Each package would contain one or more transmission lines and substation or subprojects. The 25 numbers of substations which are being considered are all new and thus land would be required for each of them. A schematic of the new transmission line which would be developed are presented in Figure 1.1 and the details of the lines and substations are provided in Annexure 1. ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 2 Figure 1.1 Schematic of the New Transmission line ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 3 1.4 OBJECTIVE FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK The ESMF would define a mechanism for integrating environmental and social concerns into the implementation of JPSIP. The ESMF would thus not only define process for planning and implementing the environmental and social safeguards in subprojects but also provide guidance to the planning and designing of transmission lines and substation so as to avoid or minimise project footprint into environmentally and socially sensitive areas e.g. forest, sanctuaries, sacred groves, settlements etc. As a project planning level guidance the ESMF would propose a two stage screening framework to identify environmental and social sensitivities during alignment identification and substation site selection. To facilitate this process tools e.g. analysis of alternative alignment for transmission lines and the sites for substation; would be designed in the ESMF which would provide inputs into environmentally and socially sustainable design. Simultaneously as part of the processes for the implementation of environmental and social safeguards the ESMF would also provide the triggers for conducting subproject specific environmental and social assessment and specialised studies e.g. Resettlement Plan, Tribal Development Plan and Biodiversity Studies. It also defines the reference framework for JPSIP by identifying the provisions of the national and state level legislations, guidelines and the OP’s of the World Bank which have to be complied with during the lifecycle of JPSIP. 1.5 SCOPE OF THE ENVIRONMENTAL AND SOCIAL SAFEGUARDS FRAMEWORK Since the details of the subprojects are not yet known carrying out subproject specific EA and SA is not be possible at the inception of JPSIP. The ESMF would provide guidance for assessing sub project specific E&S Impacts and also provide triggers for specialised studies e.g. RAP, TDP and Biodiversity Assessment to be conducted when the subprojects have been designed. The framework would further define the institutional mechanism for implementing the E&S safeguards during the entire duration of the project. The Environmental and Social Management Framework for the interventions in JPSIP would include process for: i) Identification of the environment and social sensitivities in the project influence areas so that these sensitive areas can be avoided during the planning and designing of the subprojects; ii) Development of a reference framework for JPSIP covering the national and state level environmental and social legislations and the World Bank's safeguard policies. The gaps in the existing legal system and the World Bank Policy framework would also be identified to develop additional processes which would be implemented during the planning, designing, construction ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 4 and implementation of the interventions in JPSIP. This would ensure that the project also attains compliance to World Bank norms; iii) Identification of potential environmental issues and social impacts which are likely during the implementation of the interventions planned in JPSIP. The framework would further provide for the mechanism for detailed analysis and assessment of the environmental and social issues on the natural and social environment during the planning and designing stages of the subproject. The framework would also provide generic mitigation measures which would be further customised for defining subproject specific management plans during the design phase of the subproject. Special emphasis would be given to understand the impacts on tribal people and developed measures to reduce the same; iv) develop a mechanism for participation and consultation with the stakeholder in general and the project affected persons in particular during the entire lifecycle of JPSIP; v) Develop a mechanism for Redressal of Grievances of all the stakeholders associated with JPSIP; vii) Suggest an institutional arrangements and capacity building mechanism for JUSNL for successful implementation of the ESMF in JPSIP. ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 5 2 THE POLICY & REGULATORY FRAMEWORK This section highlights the environmental and social policies and regulations, World Bank guidelines applicable to the Project i.e. JPSIP. The regulatory framework focuses on:  Applicable national and state level environmental and social regulations for the project;  Institutional Framework for the implementation of the regulations;  International Standards and Conventions; and  Applicable Environmental and Social Guidelines 2.1 REVIEW OF POLICIES, LEGISLATIONS AND GUIDELINES The legislations and policies which have been identified for JPSIP are presented in Figure 2.1. A review of the policies, national and state level legislation and guidelines are presented in Annexure 2. Based on the review of the applicable legislations a comparative analysis has been carried out with the World Bank Policies to understand any gaps between existing regulation World Bank Policies and develop suitable changes in the existing practice to address these gaps. The Annexure 3 shows the equivalence between the country level regulations and the World Bank Policies. ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 6 Figure 2.1 Policies and National and State level Legislations which would be applicable to JPSIP ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 7 2.2 APPLICABLE POLICY AND LEGISLATION FOR JPSIP PROJECTS As described in the sections above the JPSIP project envisages the following activities i) development of new transmission lines; ii) development of the new substations and; iii) operation and maintenance of lines and substations. Considering the project intervention an attempt has been made to map the policies and regulations which are applicable. The applicability of the regulation for different project activities is presented in Table 2.1 ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 8 Table 2.1 The Reference Framework for JPSIP and its Applicability in the Project Applicable WB OP’s /Indian New Transmission New Substation Operation and Applicability Legislation/Guidelines Lines Maintenance World Bank Operational Policies OP 4.01 Environmental Assessment    The Bank requires environmental assessment (EA) of projects under Bank financing to help ensure that they are environmentally sound and sustainable. EA takes into account the natural environment (air, water, and land); human health and safety; social aspects (involuntary resettlement, indigenous peoples, and physical cultural resources); and transboundary and global environmental aspects. For each of the subprojects (substation and transmission lines) an EA and SA would be carried out covering all the phases of the project OP 4.04 Natural Habitats    This policy provides for the conservation of natural habitats, which is essential for long-term sustainable development. The Bank supports the protection, maintenance, and rehabilitation of natural habitats and their functions in its economic and sector work, project financing, and policy dialogue. Efforts would be made in this project to avoid such natural habitats through careful planning. However, if unavoidable for subprojects in natural habitats a separate Biodiversity Assessment would be carried out and management plan would be developed OP 4.10 Indigenous Peoples   x This policy contributes to the Bank's mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous Peoples. The Bank provides project financing only where free, prior, and informed consultation results in broad community support to the project by the affected Indigenous Peoples. Such Bank-financed projects include measures to (a) avoid potentially adverse effects on the Indigenous Peoples’ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 9 Applicable WB OP’s /Indian New Transmission New Substation Operation and Applicability Legislation/Guidelines Lines Maintenance Bank-financed projects are also designed to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender and inter generationally inclusive. The project shall ascertain broad community support for the project based on social assessment and free prior and informed consultation with the affected Tribal community, if any. For subprojects in JPSIP which are likely to have impact on the tribal community a Tribal Development Plan would be developed and implemented. BP 4.11 Physical Cultural Resources   x This policy requires Bank financing projects to assess impacts on physical cultural resources at the earliest possible stage of the project planning cycle. Environmental assessment involves the preparation of a physical cultural resources management plan that includes (a) measures to avoid or mitigate any adverse impacts on physical cultural resources; (b) provisions for managing chance finds; (c) any necessary measures for strengthening institutional capacity for the management of physical cultural resources; and (d) a monitoring system to track the progress of these activities. The EA carried out for the subproject would also identify the physical cultural resource in the project areas and would develop safeguards to prevent any adverse impacts on the same. OP 4.12 Involuntary Resettlement   x This policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by the involuntary taking of land. To avoid or minimize involuntary resettlement and, where this is not feasible, assist displaced persons in improving or at least restoring their livelihoods and standards of living in real terms relative to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. For subprojects in JPSIP involving involuntary ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 10 Applicable WB OP’s /Indian New Transmission New Substation Operation and Applicability Legislation/Guidelines Lines Maintenance resettlement a separate Resettlement Action Plan would be developed and implemented before construction of the project. OP 4.36 Forests   x This policy contributes to Bank's mission of poverty reduction and sustainable development through management, conservation and sustainable development of forest ecosystems and their associated resources. Through a process of screening efforts would be made to avoid intrusion of the subprojects in the forest areas. However, if unavoidable specific measures would be made in the ESMP and the Bidding document to prohibit any activity which can be in contravention to the Bank policies on Forests. IFC/WB General EHS Guidelines    During the construction, operation and eventual decommissioning of the site, this guideline will need to be followed. These recommendations of these guidelines would be used to develop the conditions in the Environmental and Social Management Plan for the subproject. The ESMP would be made part of the contract document. IFC/WB Guidelines for Power    This guideline provides information relevant to Transmission and Distribution power transmission between a generation facility and substation located within an electricity grid, in addition to power distribution from a substation to consumers located in residential, commercial, and industrial areas. JPSIP would include the provisions of safety and other aspects (IFC/WB Guidelines) in the ESMP. National and State Regulation ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 11 Applicable WB OP’s /Indian New Transmission New Substation Operation and Applicability Legislation/Guidelines Lines Maintenance Electricity Act 2003 and Indian     As per the Electricity Act, JPSIP requires to pay Telegraph Act 1885 full compensation to be paid for any damage, detriment or inconvenience caused by him or by anyone employed by him;  The Electricity Act requires reasonable compensation to be paid to the owner, in case of any existing trees/structures/ objects which have to be removed from the RoW.  The Electricity Act and Telegraph Act define the compensation payable for damages to crops/ trees and structures. JPSIP would ensure that all individuals adversely affected by the project are duly compensated as per the provisions of this act. Environment Protection Act, 1986 and    Discharge/ emission standards have been laid down as amended by CPCB under EP Act, 1986 for different type of source (e.g., DG sets). JPSIP would ensure that all these standards are compiled during the planning, construction and operation of the project. The ESMP would develop activity specific guidance which would be carried out during the project implementation to ensure compliance with the standards specified under the legislations. Technical Standards for Construction    The Central Electricity Authority has also formulated of Electrical Plants and Electric Lines regulations for safety of transmission lines. JUSNL Regulations, 2010; would abide by provisions of these Regulation to Measures relating to Safety and Electric ensure safety of human as well as wildlife. Supply Regulations, 2010 All the activities which would be planned or undertaken in the project would comply with these standards. Forest Conservation Act, 1980   x When any transmission line traverses through forest land, prior clearance will be required from Ministry of Jharkhand Timber and Other Forest Environment and Forests (MoEFCC), GoI under the Produce (Transit and Regulation) Forest (Conservation) Act, 1980. Rules, 2004 as amended For subprojects passing though /in forest including Jungle Jhari land necessary clearances would be obtained by the project. All the activities would be carried out in compliance to the provisions suggested in the clearance. ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 12 Applicable WB OP’s /Indian New Transmission New Substation Operation and Applicability Legislation/Guidelines Lines Maintenance For felling of trees (such as Sal, Sagwan, Karam, Asan, Khair, Rosewood, Salai etc.) permission need to be obtained from DFO or authorized ACF. Also, Gram Sabha will give certificate of ownership of trees on private land. Tree felling permission would be obtained in accordance to the provisions suggested in the said Rule. Wild Life Protection Act, 1972, as  x x Transmission projects involving diversion of land amended within any notified ecologically sensitive areas viz. National Parks, Wild Life Sanctuaries etc. will require permission of Standing Committee of National Board of Wild Life (NBWL) as per the W.P and associated Court rulings. Efforts would be made to avoid any activity in National Parks, Wild Life Sanctuaries etc. However if unavoidable, JPSIP would obtain wildlife clearance as stated above for activities in the National Parks, Wild Life Sanctuaries etc. The conditions proposed in the clearance would also be followed during project implementation stage. Scheduled Tribes and Other Traditional   x The applicability of the act linked with forest Forest Dwellers (Recognition of Forest clearance process under Forest (Conservation) Act, Rights) Act 2006 1980 shall be followed by JPSIP. As part of the forest clearance process necessary permission would also be carried out to comply with the provisions of the act. Ancient Monuments & Archaeological   x Ancient Monuments & Archaeological Sites and Sites and Remains Act, 1958; Remains Act, 1958 and Jharkhand Ancient Indian Treasure Trove Act, 1878; Monuments and Archaeological Sites, Remains and Jharkhand Ancient Monuments and Treasures Act, 2016 prevents construction of any Archaeological Sites, Remains and Art structure or carrying out mining, quarrying, Treasures Act, 2016. excavating, blasting etc. near or inside archaeological site. Indian Treasure Trove Act, 1878 provides for procedures to be followed in case of finding of any treasure, archaeological artefacts etc. during ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 13 Applicable WB OP’s /Indian New Transmission New Substation Operation and Applicability Legislation/Guidelines Lines Maintenance excavation. JPSIP shall follow provisions of these Acts. There would be specific provisions in the Environment and Social Management (ESMP) for subprojects which has such sensitivities to prevent any damage to such property The Right to Fair Compensation and   x RFCTLARRA, 2013 provides for compensation and Transparency in Land Acquisition, assistances measures and adopts a consultative and Rehabilitation and Resettlement Act, participatory approach in dealing with the Project 2013; Affected Persons. The Chota-Nagpur Tenancy Act, 1908; JPSIP would comply with relevant provisions of the Act in Santhal Parganas Tenancy Act, 1949 case the land is acquired. CNT Act 1908 regulates sale and purchase of tribal land from tribal to non-tribal for industries and agriculture. As per provision of this Act, State Government has the unfettered power to acquire land in ’public interest. JPSIP would follow the provisions of this Act to purchase tribal land. SPT Act, 1949 prohibits transfer, settlement or lease in any manner, unless the right to transfer is recorded in the record of rights, in respect to any raiyati holding. JPSIP would follow the provisions of this Act. During transfer of tribal to nontribal or JPSIP the permission of DC is necessary as per the CNT Act 1908 and SPT Act, 1949. Application to this affect has to be made by JUSNL and the condition imposed by the DC has to be complied with. Hazardous and Other Wastes x x  Generation of waste oil and used transformer oil at (Management and Transboundary site attracts the provisions of Hazardous Waste and Movement) Rules, 2016 other waste Rules, 2016. The hazardous wastes have to be disposed through CPCB/SPCB approved recyclers only. JPSIP would obtain authorization for hazardous waste under this Rule. JPSIP would also have to maintain record ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 14 Applicable WB OP’s /Indian New Transmission New Substation Operation and Applicability Legislation/Guidelines Lines Maintenance of hazardous waste and submit the desired return in prescribed form to JSPCB. E-Waste (Management) Rules, 2016 x x  JPSIP, being the bulk consumer of electrical and electronic equipment will ensure that e-waste generated is channelized through collection centre or dealer of authorised producer or dismantler or recycler or through the designated take back service provider of the producer to authorised dismantler or recycler. Battery (Management & Handling) x x  It is the responsibility of the bulk consumer (JPSIP) to Rules 2001 ensure that the used batteries are deposited with the dealer, manufacturer, or registered recycler for handling and disposal. A half-yearly return is to be filed as per the rule to JSPCB. Ozone Depleting Substances x x  JPSIP shall follow the provisions of the notification (Regulation and Control) Rules, 2000 and shall phase out all equipment, which uses these substances, and shall aim for CFC free organisation in the near future. The Child Labour (Prohibition and    These regulations shall be applicable for labourers Regulation) Act, 1986; and employees engaged by JPSIP and its Contractor in Contract Labour (Regulation & the subprojects. Abolition) Act 1970; JPSIP and its contractors would comply with the Minimum Wage Act, 1948; requirements of these regulations. For this purpose, JPSIP Bonded Labour System (Abolition) Act, would incorporate requirements of these regulations in 1976; contract document and technical specifications of Grievance Redressal Policy under procurement. Industrial Disputes Amendment Act, 2010; Employees' Provident Fund and Miscellaneous Provisions Act, 1952; The Payment of Wages Act, 1936, amended in 2005; Workmen's Compensation Act, 1923; Maternity Benefit Act, 1961; Employees State Insurance Act, 1948; Inter-state Migrant Workmen Act 1979; and Intimation of Accidents (Forms and ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 15 Applicable WB OP’s /Indian New Transmission New Substation Operation and Applicability Legislation/Guidelines Lines Maintenance Time of Service of Notice) 2004 Central Ground Water Authority x   Permission for installation of bore well and (CGWA) Public Notice dated 4th abstraction of ground water need to be obtain from January 2017 State Level Ground Water Resources Development Authority and Central Ground Water Authority. JPSIP and its Contractor would comply with the requirements of this notification. ERM INDIA JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 16 3 ENVIRONMENTAL & SOCIAL ISSUES AND MITIGATION MEASURES Considering the activities envisaged under the JPSIP and the environmental and social setting of Jharkhand the potential environmental and social issues are discussed in the sections below. The potential mitigation measures to manage these issues/impacts are also discussed. 3.1 ENVIRONMENTAL AND SOCIAL SENSITIVITIES IN JHARKHAND A compendium of the bio-physical and social sensitivities in the State of Jharkhand has been compiled to provide an understanding of scale and magnitude of sensitivity/vulnerability of ecological, physical and social environment. 3.1.1 Ecological Sensitivity The State of Jharkhand has a geographical area of 79,714 km² constitutes 2.42% of the country's area. As per State of Forest Report 2015 of Forest Survey of India, forest cover in Jharkhand is 23,478 km2 which is 29.45 % of the state's geographical area. Of the total recorded forest area, Reserved Forests constitute 18.58%, Protected Forests 81.28%, and Unclassed Forests 0.14% (1). The GM Land (Jungle Jhari) are also considered as deemed forest and adds on to the forest cover in Jharkhand. It has been observed that state has considerable coverage of Protected Area Network including Wildlife sanctuaries and National Park and this need to be avoided. There are 12 protected area networks (refer Section 4.1.7 of Annexure 4 ) consisting of 1 National Park (NP) and 11 Wildlife Sanctuaries (WLS), 1 Elephant Reserve and 1 Tiger Reserve in Jharkhand. Similarly there are eco- sensitive zones around wildlife sanctuaries where special care needs to be taken to prevent unwarranted impacts. Eco-sensitive zones have been declared for Dalma WLS and are in the draft stage for the Palamau Tiger reserve and the Hazaribagh WLS. For the remaining WLS the area of 10 km around the boundary would be considered as Eco-Sensitive Zone as directed by the Hon’ble Supreme Court (2) . Jharkhand has two distinct elephant populations, in Palamu and Singh hum. The elephant population is located in two areas namely the Belta National Park, Palamu Tiger Reserve in the western districts of Latehar, Gumla and Lohardaga and the Dalma Wildlife Sanctuary including the forests of Saranda, Porhat, Kolhan, Saraikela and Dhalbhum Forest Divisions in the districts of East and West Singh hum and Saraikela –Kharsawan. There are several elephant corridor in Jharkhand which connecting different elephant habitats. Some of these elephant corridors are also located in the project area. (1) http://www.jharkhand.gov.in/about-forest-department (2) Vide Order dated 4th December 2006 (W.P 202) ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 17 3.1.2 Resource Vulnerability In addition to ecological resources, physical resources like water is considered here since there would be consumption of water both during civil work of transmission line and substation and operation phase of substation. It has been observed that majority of the rivers in the state are rain fed and thus domestic water requirement is dependent on groundwater. Here it should be mentioned that ground water resource in eight blocks in Jharkhand are already in stress (1). Jharia, Jamshedpur Sadar, Godda and Kanke block selected for subproject (substation) are overexploited whereas Chas and Ratu are Semi-Critical and Dhanbad and Ramgarh are Critical. Ground water resource utilisation in these areas needs to be controlled. 3.1.3 Socio-Economic Sensitivity The socio-economic baseline conditions show that the Scheduled Tribes constitute 26.2% of the entire population of the state. The state has a total of thirty two (32) Scheduled Tribes. The right of the tribal are protected by Chota-Nagpur Tenancy Act (CNT), 1908 and Santhal Parganas Tenancy Act (SNT), 1949. The Santhals are the most populous tribe with a population constituting 34% of the total ST population of the State (refer Section 4.2.2. of Annexure 4). The Oraon, Munda and Ho are ranked next in terms of population. The tribal population have specific cultural and religious heritage e.g., sacred groves; special care needs to be taken to reduce the impacts on the tribal while planning of lines through these areas. There a number of archaeological monuments in Ranchi, Sahibganj, Dumka Pakur districts within the Project’s Area. The subprojects in these areas also have to take these into consideration while planning and construction activities. The environmental and social sensitivities in Jharkhand has been identified and presented in Annexure 4. 3.2 ENVIRONMENTAL ISSUES In the section key environmental and social issues associated with installation of transmission lines and substations are discussed. The corresponding preventive and/ or mitigation measures are designed applying the principle of mitigation hierarchy: “Avoid, Minimise, Mitigate and Offset”. 3.2.1 Visual & Aesthetics Impact on Visual & Aesthetics The overall aesthetic effect of a transmission line is likely to be negative to most peoples, especially where transmission proposed lines would cross natural landscapes and the places of tourist attraction. New tall steel (1)Block-wise Dynamic Ground Water Resource Estimation, by Central Ground water Boards till 2009 has classified 8 blocks in Jharkhand in Semi-critical, Critical and Over exploited ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 18 structures may seem out of proportion and not compatible with natural landscapes. The visual impacts of tower would also depend on the perception of the local community. Jharkhand has a number of archaeological monuments which are protected by the Archaeological Survey of India. These protected monuments are located in Ranchi, Singh hum, Dumka and Sahibganj (1). In addition there are places of scenic beauty e.g. waterfalls. The transmission line near these monuments/ landscapes can affect the aesthetics by degrading the view. Mitigation Measures Electric transmission lines may be routed to avoid areas having scenic beauty. Transmission line route can be chosen to avoid areas of natural beauty. In addition, during transmission line design flowing measures would be adopted:  Minimizing construction of additional towers by using natural topography / sag curve;  Towers may be painted grey or green to merge with the background. 3.2.2 Soil Impact due to Disturbance to Soil Impact on soil may occur both due to the construction of transmission line tower and substation. In case of transmission lines the erection of towers may result in:  Soil Mixing: The excavation depth for tower foundations varies depending on the capacity of the transmission line, type of soil and type of towers. The depth can vary between 3 to 5 m. Some of the excavated soil is backfilled but there may still be some left over excavated material. Excavated material is primarily subsoils if mixed with top-soils can reduce the fertility of soil.  Erosion: The excavation for tower foundation would expose the soil. Thus the tower construction would aggravate the problem of erosion especially in districts which are sensitive to gully erosions e.g. Giridih, Hazaribagh, Chatra, Deoghar, Latehar and Daltonganj districts. This would result in sedimentation in the adjoining fields.  Compaction: The movement of vehicle over the agricultural land to access the construction site would also cause compactions of soil and affect soil fertility. In case of substation site located on slopes, benches or revetment would be developed by cutting and filling inside the substation site to ensure proper placement of equipment. The planned cutting and filling will lead to soil erosion caused by runoff. This may result in sedimentation of the adjoining agricultural field and waterbody (if available) from the eroded material. (1)http://www.asi.nic.in/asi_protected_monu_jharkhand.asp ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 19 In addition, there may be possibility of excess excavated material from the substation sites. If these excess excavated material is disposal on agricultural land it may result in loss of productivity of land. Mitigation Measures Mitigation measures which would be considered to reduce impacts on soil during construction of transmission lines/substation are given below:  Excess excavated material from tower footing has to be removed by the contractor before completion of tower construction. The excess excavated material may be used for repairing of bunds of the agricultural fields or for strengthening of shoulders of village roads;  Siting of the transmission tower or substation should avoid water logged/steep sloped site. In case such sites are selected, the cut and fill slopes would be protected using standard engineering practices including bio-engineering techniques wherever feasible.  In case of substation located on slopes in addition to using standard engineering techniques bio-engineering techniques (Annexure 5) would be adopted for slope stabilisation.  All internal drainage channels from the substation site would be connected to a peripheral site drainage channel. The peripheral site drainage channel would be provided with a sedimentation tank and oil-water separator to prevent sediments and oil & grease to be carried away by the runoff. 3.2.3 Terrestrial Flora Impact on Vegetation Major habitat alterations are not expected in transmission lines since most transmission line route would avoid forest or natural habitats. Potential impacts on natural habitat may be more significant during construction and installation of tower footing and stringing of transmission line. As per the State of Forest Report 2015 of Forest Survey of India (FSI), forest cover1 in Jharkhand is 23,478 km2 which is 29.45 % of the state's geographical area. The GM Land (Jungle Jhari) are also considered as deemed forest and adds on to the forest cover in Jharkhand. Transmission line construction causes disturbance of RoW soils and vegetation due to movement of people and vehicles along the RoW, access roads, and laydown areas. In addition, to facilitate stringing operation and also to maintain the safety distance the trees within the RoW would be felled. The clearance of vegetation can also contribute to the spread of invasive species. Parts of plants, seeds, and root stocks can be carried by construction equipment or vehicle when it travels through such cleared stretches. Once introduced, invasive species will likely spread and impact appropriate habitat. 1 All lands, one hectare and more in area, with a tree canopy density of 10 percent or more irrespective of ownership and legal status. Such lands may not necessarily be a recorded forest area. It also includes orchards, bamboo and palm (ISFR, 2013); http://www.jharenvis.nic.in/WriteReadData/CMS/jharkhand%20at%20glance.pdf ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 20 Mitigation measures Following measures would be adopted during planning and construction of transmission line and substation.  JPSIP, wherever possible, would use the existing path/access roads for the movement of man and machinery so that vegetation clearance is not required for accessing construction sites. In areas having good vegetation cover (1) JPSIP would encourage use of extended/special tower to reduce felling of trees in RoW and thereby reduce impact on trees within the RoW.  Contract document for the construction of transmission line would include specific clauses would be incorporated to prevent felling of trees during stringing unless it becomes absolutely necessary. Only those trees for which tree felling permission has been obtained from the Forest Department under the Jharkhand Timber and Other Forest Produce (Transit and Regulation) Rules, 2004 would be felled.  After completion of stringing, natural regeneration or dwarf tree/medicinal tree plantation would be allowed to heights as per the standards mentioned in IS: 5613.  For any transmission line passing through forest areas (NP, WLS, PF, RF, and Jungle Jhari) clearance under the Forest Conservation Act 1980 would be mandatory. Construction can only after necessary clearance is obtained. 3.2.4 Terrestrial Fauna Impact on Wildlife Transmission line if it passes through National Park, Wildlife Sanctuaries, Elephant Reserve, Tiger Reserve and wildlife corridor, would cause disturbance to wildlife habitats. Also, large animals such as elephants might get electrocuted due to sagging of powerlines. In case of transmission line cutting across elephant corridor the mandatory ground clearance may be compromised (2) in case of 132 KV line (mandatory ground clearance = 6.1 m (3)). There are 14 protected area networks consisting of 1 National Park (NP) and 11 Wildlife Sanctuaries (WLS), 1 Elephant Reserve and 1 Tiger Reserve in Jharkhand. In this state there are two distinct elephant populations, viz. Palamu and Singh hum. The Palamau population occupies about 1200 km2 of the Belta National Park, Palamu Tiger Reserve and adjoining areas. The Singh hum population occupies about 2570 km2 of the available forest area of Dalma Wildlife Sanctuary and forests of Saranda, Porhat, Kolhan, Saraikela and (1) Very Dense Forest (VDF) > 70 percent crown density and Moderately Dense Forest (MDF) 40-70 percent crown density. http://fsi.nic.in/sfr2003/forestcover.pdf (2) The height of the Asiatic Elephant is 3.5-4.0 m (https://www.worldwildlife.org/species/indian-elephant ). The trunk length would be similar. Thus the height of the elephant + height of the trunk would thus be greater than the minimum ground clearance. (3)http://www.ptcul.org/pdfs/clerance.pdf ERM JUSNL: JPSI PROJECT, ENVIRONMENT AND SOCIAL MANAGEMENT FRAMEWORK PROJECT # 0402882 SEPTEMBER 2017 21 Dhalbhum forest divisions. Also there are 14 identified elephant corridor (1) in Jharkhand which connects elephant habitats not only in Jharkhand, but also adjoining state of Orissa and West Bengal. In addition to these identified elephant corridors, there are several elephant corridor which are identified by Division Forest Office. Transmission lines passing through these wildlife habitats pose potential risk to wildlife. In case of areas where there is other wildlife (involving smaller animals) the risk are primarily due to falling of the animal into the excavation carried out for tower foundation. Mitigation Measures JPSIP would make efforts to prevent intrusion of transmission line into wildlife habitats through optimization of route alignment. It would use modern tools like GIS/GPS and other modern techniques such as alternative route analysts to carry on the avoidance exercise. For transmission passing through elephant habitat/corridor, suitable design modification in the tower e.g. increasing the tower height would be undertaken. The height above the ground at the lowest point of the lowest conductor or grounding wires (i.e., at maximum sag point) of power lines shall be:  a minimum of 20 feet (6.6 metres) above ground on level terrain (slope <20 degrees)  a minimum of 30 feet (9.1 metres) above ground on steeper terrain (slope > 20 degrees) (2) Temporary woven wire mesh guards of about 2.4 m (8 ft.) high will be put around the excavated areas to prevent small wild animal from falling. No harm would be done to the animal if they are trapped in the excavated area. The contractor in association with JUSNL and Forest Department would ensure safe release of the animal. 3.2.5 Avian Fauna Impact on Bird In transmission line bird deaths may be caused from collisions with the conductors. The likelihood of avian collisions is high especially when transmission lines are located near migratory bird corridors, foraging grounds or nesting and roosting sites. The incidences of electrocution of birds are rare in case of transmission lines as the distance between the conductors in case 132 KV (1.12m) lines are usually more than the wing span of most (3) of the birds in the state. (1) Right of Passage: Elephant Corridors Of India (2) http://www.moef.nic.in/sites/default/files/FIRSTDraft%20guidelines%20roads%20and%20powerlines.pdf