WORLD BANK FINANCED SECOND REGIONAL AND MUNICIPAL INFRASTRUCTURE DEVELOPMENT PROJECT AND ADDITIONAL FINANCING Environmental and Social Management Framework March 2014 Updated March 2020 1 Introduction Project Description The World Bank is supporting efforts of the Government of Georgia (GoG) to address decentralization and regional development challenges through the ongoing Second Regional and Municipal Development Project (SRMIDP) since 2014. In 2020, GoG requested, and the World Bank greed on the provision of Additional Financing (AF) to the SRMIDP. Ministry of Regional Development and Infrastructure of Georgia (MRDI), Municipal Development Fund of Georgia (MDF) and the World Bank agreed that the AF of SRMIDP will follow the proven concept and design of SRMIDP. The Project Development Objective (PDO) is to improve the efficiency and reliability of targeted municipal services and infrastructure. The Project consists of three components. Component 1: Infrastructure Investment, Project Management and Monitoring (i) supports selected municipalities with the provision of basic municipal services and infrastructure in urban and rural communities; (ii) allows communities located in the lagging regions, those who suffer from reduced ability to be involved in economic activities, to receive basic services and amenities; (iii) promote private capital mobilization in the selected towns and villages by allowing additional resources for the Public Private Initiative (PPI). Component 2: Institutional Development supports municipalities across the country with improving their institutional capacity and performance, including: (i) better asset planning and management to ensure efficiency and sustainability of investments; (ii) enhanced management of the infrastructure project cycle (including identification, preparation, implementation, supervision and monitoring impacts); and (iii) strengthening fiscal discipline and accounting. Component 3: Contingent Emergency Response is a new component introduced to the Project upon provision of the AF. At present, this component has a zero allocation but allows for rapid reallocation of Project funds from other components to provide immediate response capacity to the Government following an eligible crisis or emergency in Georgia. The present Environmental and Social Management Framework (ESMF) presents the procedures and implementation arrangements for ensuring full consideration of environmental safeguards, in accordance with the World Bank’s environmental assessment guidelines (OP/BP 4.01) and the national environmental regulations of Georgia, in the screening, approval and implementation of investment sub-projects financed from the proceeds of SRMIDP and SRMIDP AF. It describes existing environmental regulations and standards relevant to the Project and refers to institutions at the local and national levels responsible for issuing permits, licenses, and enforcing compliance of environmental standards. The ESMF also provides detailed guidelines for the MDF staff and the sub-project proponents on environmental and social screening, appraisal, and monitoring. Each sub-project will be individually screened and reviewed by MDF. Environmental and social review 2 checklists will be completed, and environmental categories attached to sub-projects. Sub-project appraisal reports will include specific analysis of environmental issues and prescribed mitigation measures. 1. World Bank Environmental Guidelines 1.1 Main Principles All projects funded by the World Bank must comply with the Bank’s environmental guidelines. The purpose of these guidelines is to establish an environmental review process to ensure that the projects undertaken as part of programs funded under the World Bank loans are environmentally sound are designed to operate in compliance with applicable regulatory requirements, and, as required by the regulations of the Bank, are not likely to cause a significant environmental, health, or safety hazards. The World Bank is committed to program design that reflects results of public participation in host countries during all phases of the program, integrating governmental interests with those of private businesses and civil society. In this spirit, MDF will ensure that the preparation of Environmental and Social Management Plans (ESMPs) and Environmental and Social Reviews (ESRs) prepared for each sub-projects include consultation with affected parties and public disclosure of the associated documents. With regard to public consultation and disclosure, MDF will be entitled to incorporate timely, participatory, and meaningful public consultation for the development of environmental and social documentation. MDF will also be expected to make ESRs and ESMPs publicly available and easily accessible. Finally, the World Bank is committed to the principles of host-country ownership of a compact, including host-country responsibility for measures to mitigate adverse environmental and social impacts. The Bank for ensuring full consideration of environmental safeguards, in accordance with the World Bank’s environmental assessment guidelines (OP/BP 4.01) and the national environmental regulations of Georgia, in the screening, approval and implementation of investment sub-projects financed under the SRMIDP and SRMIDP AF. It describes existing environmental and social regulations and standards relevant to the Project and refers to institutions at the local and national levels responsible for issuing permits, licenses, and enforcing compliance of environmental standards. The ESMF also -funded projects shall, therefore, comply with host- country laws, regulations and standards, as well as with requirements by which the host country is bound under international agreements. 1.2 Environmental and Social Screening under World Bank Guidelines 3 The purpose of sub-project screening (Attachment 1) is to identify the main threats and benefits it carries for the natural environment, social strata and cultural heritage. Based on the screening outcomes, the proposed sub-projects shall be classified into environmental Categories A, B, or C. Classification guidance is provided below. No category A sub-project may be supported under SRMIDP and SRMIDP AF. Such sub-projects are ineligible. Category B sub-projects may carry relatively higher or lower risks. Depending on whether a sub-project is carrying higher or lower risks, the due environmental diligence applicable to it may include conduct of ESR (including development of an ESMP) – for high risk Category B, or be limited to the use of checklist ESMP for Small Construction and Rehabilitation Activities (see attachment) – for low risk Category B. World Bank guidelines for environmental categorization of activities are summarized below (for more detailed information refer to OP/BP 4.01 Environmental Assessment): Category A: A project classified as Category A if it is likely to have significant adverse environmental impacts. These impacts may affect an area broader than the sites or facilities subject to physical works. Category A, in principle, includes projects in sensitive sectors or located in or near sensitive areas. For Category A projects a full EIA, including an EMP is required. Category B: A project classified as Category B if its potential environmental impacts are less adverse than those of Category A projects. Typically, these impacts are site-specific, mostly not irreversible, and mitigation measures are easier to apply. For Category B projects, certain type of ESR and ESMP may be needed, depending on the nature of a project. If, by the Georgian legislation, a Category B sub-project is subject to Environmental Impact Assessment and issuance of an environmental conclusion, then a full EIA will be required for such sub-project. Category C: A project classified as Category C if it is likely to have minimal or no adverse environmental impacts. For Category C projects, MDF reserves the right to require specific environmental studies, reporting, or training where relevant or where positive environmental impacts may be enhanced. Social screening is also part of the sub-projects’ screening and approval process. It allows identifying a need for applying OP/BP 4.12 Involuntary Resettlement to a particular sub-project, in which case the next steps and actions will be guided by the Resettlement Policy Framework (RPF) prepared for the SRMIDP and updated for the purposes of SRMIDP AF. Social screening of sub-projects will be carried out using social screening form (Attachment 2). 1.3 World Bank Safeguards Policies Triggered SRMIDP and SRMIDP AF trigger the following safeguard policies of the World Bank: OP/BP 4.01 Environmental Assessment OP/BP 4.11 Physical Cultural Resources OP/BP 4.12 Involuntary Resettlement OP/BP 7.50 Projects on International Waterways 4 The project carries investment components in support to infrastructure development and therefore it triggers OP/BP 4.01 Environmental Assessment. Based on the principles of the OP/BP 4.01, the SRMIDP, including its AF, is classified as environmental Category B and hence all the supported investment sub-projects shall fall under environmental Category B or C. It is expected that Waste Water Treatment Plants (WWTPs) selected for the project intervention may be discharging into the trans-boundary rivers or rivers flowing into the Black Sea. SRMIDP, including its AF, will also finance rehabilitation of several water supply schemes in small to medium size provincial settlements and these schemes may be abstracting water from trans- boundary rivers. Therefore, OP/BP 7.50 is triggered. However, implementation of SRMIDP, including its AF, will not adversely change the quality or quantity of water flows to the other riparian, and will not be adversely affected by the other riparians’ possible water use. Therefore, communication to riparians was deemed unnecessary and an exemption of this requirement was obtained from the World Bank’s management. OP/BP 4.11 Physical Cultural Resources is triggered to ensure that if construction works are to be undertaken in the proximity to cultural and historic heritage sites, they do not affect structural stability of the existing constructions and do not depreciate historical and aesthetic value of heritage sites. This safeguard policy also applies to handling of chance finds in case they are encountered in the course of earth works. OP/BP 4.12 is triggered to address the cases of possible involuntary land acquisition, relocation, or any type of restriction in the use of land and other property caused during construction and/or operation phase of the supported sub-projects. Because the location and footprint of many sub- projects are not known at present, the RPF is prepared and Resettlement Action Plans (RAPs) for individual sub-projects will be developed, as needed, in line with the RPF. Full compensation of affected people will be completed prior to commencement of civil works at any given sub-project site. 1.4 Public Consultation Consistent with the World Bank’s principles of a host-country ownership of the projects implemented under its Compact, MDF will ensure meaningful public consultation in the process of developing environmental and social documentation. For Category B sub-projects, public consultation meetings will be held and information on the stakeholder meetings will be announced in advance. Draft ESMPs and ESRs will be disclosed in Georgian and English languages and public consultation meetings on the drafts will be held by MDF. Local communities will be notified on the availability of these hard copies as well as on the means of communicating their feedback on ESMPs and ESRs. Public consultation meetings with sub-project-affected people will be held in the vicinity of subproject sites selected to guarantee easy access of stakeholders. Contact information for submitting questions, feedback or grievances will be distributed during public consultations and displayed thereon at a visible location throughout the duration of the Project. Draft documents to be discussed will be placed in a public domain and will be disclosed nation- wide - with particular attention to their availability for local communities, in the language and format convenient for them. 5 Detailed records of public consultation process will be kept. Minutes of all meetings held will be produced and attached ESMPs and ESRs. Records should include the following information: • What announcement was made on the meeting, through what media, and on what date • What was the time and venue of a meeting held • How many attendees were in the meeting • What was agenda of the meeting (including, as minimum, key expected environmental and social impacts, mitigation measures, grievance redress mechanism) • Who were key speakers and what aspects did they cover • What were the main types of questions asked by local residents and how these questions were entertained Minutes should be supported with photo material taken during consultation and lists of attendees with their contact information and original signatures. ESMPs and ESRs will be finalized with incorporation of adequate feedback and re-disclosed along with the minutes of consultation meetings attached. Consultations with sub-project-affected communities will continue during the construction phase by and records of environmental and social issues raised, and complaints received during consultations, field visits, informal discussions, formal letters, etc., will be followed up. The records will be kept in the project office in the MDF. 1.5 Monitoring Environmental and social monitoring will be an integral part of the MDF’s supervisory work in the course of the Project implementation. MDF will be responsible to ensure that on-site managers of works contractors are familiar with environmental and social documentation and instruct workers/personnel in the compliance with these ESMPs/ESRs. The MDF will demand from works contractors’ timely submission of environmental permits for the operation of asphalt/concrete plants (if owned); licenses for the extraction of rock, gravel, and sand (if operating quarries); and written agreements with local authorities/ licensed landfills on the disposal of waste. The MDF will conduct regular on-site monitoring of civil works to verify contractors’ adherence to the requirements set out in ESMPs/ESRs, to identify any outstanding environmental issues or risks, and to ensure proper application of the prescribed remedial actions. In case of recorded incompliance with ESMPs/ESRs, the MDF will instruct contractors on the corrective measures and closely monitor their further progress. MDF’s in-house capacity to carry out the above-described supervisory functions will be supplemented by a hired construction supervision company. Oversight on the environmental, cultural, and social aspects of construction works will be an integral part of the terms of reference for such supervision company. 6 2. Environmental and Social Legislation of Georgia and MDF Procedures Applicable to Operations Financed by SRMIDP and Its AF 2.1. Environmental Permitting The Environmental Impact Assessment Code of Georgia was adopted in 2017 and entered into force in 2018. Environmental Impact Assessment (EIA) is a procedure for the identification and examination of potential positive and negative; short-term, long-term, cumulative and residual impacts of the proposed activities on the natural environment, human health and safety, cultural heritage and material assets based on relevant studies. The Code carries two annexes with the sets of activities, out of which activities listed in Annex I are subject to EIA by default, while need for EIA procedure for the activities listed in Annex II is subject to environmental screening. The main stages of EIA include • Screening and Scoping procedure; • Preparation of an EIA report by the person carrying out activities or an adviser; • Public participation; • Assessment by the Ministry of Environmental Protection and Agriculture (MEPA) information included in the EIA report, and, if necessary, of additional information submitted to the Ministry by the proponent of activity under review, as well as information obtained during public participation and consultations with competent administrative bodies; • Conduct of an expert examination of EIA report by MEPA; • Issuance of positive or negative conclusion by MEPA, positive conclusion meaning permission to proceed which is an integral part of construction permitting procedure. 2.2. Environmental and Social Procedures Applied by MDF through the Sub-Project Cycle MDF will carry out environmental review/screening and monitoring of sub-projects in compliance with the national legislation and the World Bank guidelines. If the two differ on a particular aspect, the more stringent requirement must be applied. The screening of sub-project proposals, the assessment of their environmental and social impacts, and prescription of mitigation measures will be carried out by MDF. A simple screening of sub- project proposals will determine what type of environmental assessment is required and kind of environmental and social management instruments shall be prepared, based on a sub-project typology. 7 Even those sub-projects which are designed in an environmentally satisfactory manner, may cause damage or have adverse effects if civil works are carried out neglecting possible environmental and social impacts. This could imply generation of dust, noise and construction waste at the sub- project sites, traffic congestion due to movement of heavy construction machinery, degradation of land and its vegetation cover, etc. To avoid the above, the detailed ESMPs/ESRs, developed on the basis of the attached model (Attachment 3 to this ESMF) shall be provided to contractors engaged in civil works. ESMPs/ESRs must be included into the tender packages, so that bidders are able to incorporate costs associated with mitigation measures into their bills of quantities; and must be attached to civil works contracts, so that their implementation is mandatory for works providers. The client local government and MDF (and, if applicable, MEPA staff) must monitor construction sites for ensuring that contractors comply with their contractual obligations, including those relating environmental safety. In case of non-compliance, the penalties and sanctions stipulated in a contract must be applied to contractors including - as an extreme measure - suspension of a contract until solutions are found and contractor becomes environmentally compliant. 2.3. Environmental and Social Assessment at Various Stages of the Sub-Project Cycle There are three stages of the sub-project cycle at which MDF will apply environmental and Social due diligence: • Identification Stage • Appraisal Stage • Implementation Stage Environmental and Social Screening at the Identification Stage The main objective of the preliminary environmental and social screening of sub-projects is to ensure that proposals with potentially severe adverse impact on the environment, which cannot be substantially mitigated, are excluded from funding and the sub-projects selected for further review are given a relevant environmental Category. The following steps are carried out at this stage: • Carry out desk environmental review of a sub-project application in order to identify the general nature and scope of its expected environmental and social impacts; • Collect evidence that a proposed sub-project is eligible for financing under SRMIDP, including its AF, and that its implementation is lawful in Georgia. In case of problematic sub-projects, explore possible design alternatives and - if such alternatives are unavailable or deemed unfeasible at a reasonable cost - declare a sub-project ineligible for funding from the proceeds of the World Bank loan. In such cases, an applying local government may be referred to another concessional funding source if such exists. • Identify which of the World Bank’s safeguard policies are applicable to a sub-project and what procedures are required by these policies; • Attach environmental Category A, B, or C to the sub-project and stipulate a relevant type of further environmental work required for processing of this sub-project. 8 As part of its preliminary review of a proposed sub-project, MDF is expected to: • Assess physical environment at the proposed sub-project site; • Investigate land use and resource use restrictions in the sub-project area; • Estimate a range and scale of potentially harmful environmental and social impacts; • Assess the need for specific prevention and/or mitigation measures; An Environmental Screening Report will be produced for each sub-project according the standard template provided in Attachment 1 of this ESMF. Final Environmental Assessment at the Appraisal Stage Objectives of the environmental assessment at the Appraisal are to: • Ascertain that a sub-project has obtained and/or will be able obtain prior to commencement of works all the necessary permits and approvals and does not violate existing environmental regulations; • Check that appropriate prevention and mitigation measures have been planned and necessary budgetary and/or technical resources have been allocated to implement them; • Make recommendations on the scope and mechanism of environmental monitoring in the sub-project implementation phase. As part of the appraisal, MDF’s Environmental and Social specialists/consultants must: • Visit a sub-project site, verify findings of the final environmental assessment, participate in public consultation meeting(s); • Compare the final sub-project documentation with the results and recommendations of the preliminary environmental review; ascertain that necessary environmental permits (including those for land use, resource use, waste disposal, and sanitary inspection) and approvals are in place or can be obtained; • Summarize conclusions on the results of environmental and social assessment; • Examine the sub-project documentation to check that: (i) environmental assessment was performed in accordance with regulations and that it followed the recommendations of the preliminary environmental assessment; (ii) all the necessary permits and approvals required at appraisal stage are included; (iii) appropriate prevention and mitigation measures are planned and necessary resources are allocated, or an alternative decision is made (and supported with necessary documents) which makes such measures unnecessary. Environmental and Social Specialists will be fully involved in the process of preparation, implementation and monitoring of all infrastructural investments undertaken by MDF with the following responsibilities: • Undertake environmental and social screening and classification of proposed subprojects and define their eligibility for funding under from environmental and social standpoints; 9 • Draft ESMPs/ESRs and submit them to the Head of Safeguards Unit for review and submission to the World Bank; • Provide safeguards-related write-ups for the inclusion into SARs; • Prepare draft ESMPs/ESRs for disclosure and drafting public announcements on the conduct of stakeholder consultation meetings in cooperation with a Resettlement Specialist; • Participate in stakeholder consultation meetings on ESMPs, drafting minutes of consultations, taking photos, and obtaining contact information and signatures of participants; • Conduct environmental and social monitoring of sub-projects and documenting outcomes with photo materials; • Provide write-ups with the analysis of environmental and social performance to the Head of Safeguards Unit for including into the general progress reporting. Additionally, health and safety specialist will provide write-ups with the analysis of adherence to occupational health and safety rules to the Head of Occupational Health and Safety Unit for including into the general progress reporting. Sub-project documentation and findings of the environmental and social assessment for all Category B sub-projects should be disclosed to public at the appraisal stage and stakeholders be consulted to ensure that their valid comments are duly incorporated, and sub-project implementation would not conflict with local community interests. 2.4. Environmental and Social Assessment of Small Construction and Rehabilitation Activities Template of a simplified checklist ESMP, offered by the World Bank for small construction and rehabilitation activities, may be used for some Category B sub-projects (Attachment 4 of this ESMF). Checklist ESMPs would include simplified description of the physical and natural environment at a sub-project site, land ownership and use, availability of water sources and sources of natural construction materials, identification of license and permits required for carrying out planned works, and methods of ensuring public participation in environmental and social management planning process. A full list of potential adverse environmental and social impacts is provided in the template for checking as applicable and generic types of mitigation measures are also included, which may be revised and/or extended as appropriate. Environmental and social monitoring plan is to be developed based on the customized plan of mitigation measures. 3.3 Environmental and Social Monitoring at the Implementation Stage During the construction phase, the main responsibilities of environmental consultants to MDF is to monitor proper implementation of environmental protection and mitigation measures prescribed by the sub-project design documents and ESMPs/ESRs, as well as to identify any unexpected adverse environmental and social impacts which may emerge during sub-project implementation and manage them through appropriate responsive measures. 10 Documenting of environmental and social supervision of sub-projects is mandatory. Monthly monitoring reports will be generated for each active sub-project on regular basis, reflecting quality and extent of the application of each mitigation measure prescribed by ESMPs/ESRs. Reporting on the outcomes of field environmental and social supervision will be undertaken using a Monthly Field Environmental and Social Monitoring Checklist, supplemented with photo material taken on-site as well as a short write-up (comments) on the problems identified and actions taken to address issues revealed during previous site visits. Template of a Field Environmental and Social Monitoring Checklist is attached to this ESMF. MDF may conduct environmental and social monitoring of works relaying solely on its in-house human resources, or using supplemental consultant services, as deemed necessary. Under both scenarios, MDF will be responsible for reporting on the status of environmental and social compliance of works under SRMDIP, including its AF, to the World Bank. Such analytical reports, generated based on the monthly inputs from field monitoring, may be included in regular progress reporting on the entire Project. 4.3 Social and Gender Issues Social Accountability/citizen engagement/feedback In local municipalities where the sub-projects will be implemented, MDF will conduct workshops on Social Accountability and the Charter to enhance effectiveness of the local governments’ and service providers’ operations and liabilities in provision of civil engagement in decision-making process, transparency and accountability. These will favor local self-governments’ operations in the full extent, special emphasis will be made on equal reflection and consideration of the interests of population in the self-governmental process. MDF will ensure meaningful public consultations with affected communities, and periodic dialogues with representatives of the community groups. In communities with the Ethnic Minorities present, MDF will ensure inclusion of these groups (either entire group or a representative of them) in all Project activities to make sure they profit from the Project equitably. Every effort will be made to ensure that women as well as men are among the representatives of ethnic minorities, and that their active participation in consultations is emphasized. Project-affected persons (PAPs) will be informed and participate in different stages of the sub- project cycle: pre-design phase, design phase, and construction phase, operation and maintenance of the new facilities phase. Through planned engagements (assemblies, meetings, workshops, website, social network), the MDF will provide sufficient opportunities to stakeholders to raise issues, make suggestions, ask questions, and/or request clarification with regard to the Project. Stakeholders will be invited to express their concerns and request information as well as to submit written grievances. 11 Gender MDF will provide social and gender consultancy, support to build women’s capacity in decision- making process and improve gender balance at all stages of the sub project implementation. MDF will ensure that women as well as men are actively involved in all aspects of stakeholder engagement. Gender and Resettlement MDF will determine level of effort required for gender analysis and adapt approach accordingly. While due diligence is necessary even for marginal land take, preparation of projects with significant impacts on livelihoods and physical displacement should always include comprehensive gender analysis. MDF will collect and analyze gender-disaggregated and gender- relevant data. The review of issues, such as the patterns of asset ownership, level of absentee ownership, degree of participation, and the nature of grievance records can all be gathered and analyzed with gender specificity. Social Monitoring will be carried out at the implementation stage. In the course of the construction phase, MDF will conduct inspection of ongoing sub projects to monitor proper implementation of social and gender indicators under the project and mitigation measures prescribed by the sub-project design documents, ESRs and ESMPs, as well as to identify any unexpected adverse social impacts, which may emerge during sub-project implementation and manage them through appropriate responsive measures. Social Monitoring/Sustainability and Social Impact After the year upon sub-project completion, social monitoring (sustainability, maintenance, and impact assessment) shall be conducted. MDF will monitor sustainability of social indicators of sub projects, to share conclusions and recommendations with service provider bodies, and in case existence of problems is identified, to request the relevant authorities to take appropriate actions. 4.4. Grievance Redress Mechanism During implementation of the sub-projects, there might be several issues related to environmental hazards and disputes on entitlement processes may occur due to the Project activities. For example, intensive schedule of construction activities; inappropriate timing of construction vehicle flow; waste; noise and air pollution from construction activities; ecological disturbances; compensation or other resettlement and environmental issues that are likely to arise from the Project activities. According to the existing legal and administrative system in Georgia, there are several entities responsible for addressing environmental complaints of population and interested parties. The administrative bodies directly responsible for environmental protection within the sub-project areas are MEPA and municipalities administrations. The affected population and stakeholders may 12 send their grievances, related to the Project-induced environmental impacts directly to the mentioned administrative bodies responsible for environmental protection. A Grievance Redress Mechanism (GRM) will be set up for the Project to deal with both the environmental and social issues of the subprojects. The MDF, as the Implementation Agency for SRMIDP, has overall responsibility for project implementation and environmental compliance. Contact person from MDF as well as from each municipalities will be dedicated regarding GRM who will also maintain a log for complaints. Contact persons will be in close communication throughout the cycle of Project implementation to facilitate the grievance redress procedures and to make it easily available for PAPs. Grievance resolution is a two-stage process, including: Stage 1 – informal (oral) review of the PAP’s complaint. At this stage, the PAP’s complaint shall be reviewed by LSG in an informal (oral) way. If at the Stage 1 the PAP’s complaint is not resolved the PAP should be informed about grievance resolution procedures of Stage 2. PAP has the right to use the procedures of Stage 2 without applying to Stage 1 Procedures. Stage 2 – review of PAP’s complaints by MDF. For the whole period of the Project implementation MDF shall review the written complaints of the PAP’s which were not satisfied at the Stage 1. GRC exists at MDF and in a need basis GRC shall make decision in compliance with the Administrative Code of Georgia. Grievance redress procedures of Stage 1 are an informal tool of dispute resolution allowing the PAPs and project implementation team to resolve the disagreement without any formal procedures, procrastination and impediments. The international experience of resettlement shows that such informal grievance redress mechanism helps to solve most of the complaints without formal procedures (i.e. without using the procedures specified in the Administrative Code or litigation). This mechanism enables unimpeded implementation of the Project and timely satisfaction of complaints. PAPs shall be fully informed of the grievance redress mechanism, its functions, procedures, contact persons and rules of making complaints through oral information and booklets during the public consultation meetings. Contact information regarding GRM focal points will be available on the informational banners on the construction site. 5. Institutional Arrangements for Environmental and Social Management Environmental and social governance under the SRMIDP, including its AF, will be exercised by the MDF through its Safeguards Unit and Occupational Health and Safety Unit. The Safeguards Unit comprises of the Unit Head as well as environmental, beneficiary liaison / grievance redress, resettlement, social and gender specialists. The responsibilities of the Head of Safeguards Unit are the following: 13 ▪ Lead the implementation of environmental policies and practices; ▪ Ensure compliance with the World Bank’s environmental policies and the national environmental legislation; ▪ Control quality and adequacy of environmental and social screening reports to ensure that no subproject is accepted for further processing if it falls under environmental category A and/or if it may adversely change the quality or quantity of water in the international waterways, or be affected by the other riparian’s possible water use; ▪ Review and ensure quality of Sub-project Appraisal Reports (SARs), ESR reports, ESMPs; ▪ Ensure due involvement of the Safeguards Unit staff into all operations of MDF that require inputs related to safeguard policy application; ▪ Evaluate environmental performance under the MDF-implemented activities and ensuring quality of reporting on the application of safeguard policies to internal and external clients and regulatory bodies; ▪ Alert the MDF management on significant issues revealed through monitoring of safeguards performance of contractors and recommending remedial action; ▪ Ensure disclosure of safeguards documents according to the guiding principles set forth in ESMF and RPF; coordinate consultation with stakeholders on ESRs, ESMPs and any environmental and social aspects of the MDF’s activities that affected people may be interested in; and take decision on the incorporation of public feedback into safeguards documents; ▪ Oversee operation of the GRM and ensure its viability. Environmental Specialist Environmental Specialist will be fully involved in the process of preparation, implementation and monitoring of all infrastructural investments undertaken by MDF with the following responsibilities: ▪ Undertake environmental screening and classification of proposed subprojects and define their eligibility for funding under from environmental and social standpoints; ▪ Draft ESMPs/ESRs and submit them to the Head of Safeguards Unit for review and submission to the World Bank; ▪ Provide safeguards-related write-ups for the inclusion into SARs; ▪ Prepare draft ESMPs/ESRs for disclosure and drafting public announcements on the conduct of stakeholder consultation meetings in cooperation with a Resettlement Specialist; ▪ Participate in stakeholder consultation meetings on ESMPs/ESRs, drafting minutes of consultations, taking photos, and obtaining contact information and signatures of participants; ▪ Conduct environmental monitoring of subprojects and documenting outcomes with photo materials; ▪ Provide write-ups with the analysis of environmental performance to the Head of Safeguards Unit for including into the general progress reporting. 14 Resettlement Specialist Resettlement Specialist will be fully involved in the process of preparation, implementation and monitoring of all infrastructural investments undertaken by MDF with the following responsibilities: ▪ Undertake resettlement screening of proposed subprojects and define their eligibility for funding under from social standpoints; ▪ Collaborate with Project-related parties responsible for data collection and RAP preparation to ensure that all relevant data is available (including the list of PAPs based on the results of the survey and census, cadastral maps and land/property records, property valuation details, etc.); as needed ▪ Participate in stakeholder consultation meetings, drafting minutes of consultations, taking photos, and obtaining contact information and signatures of participants; ▪ Prepare documents for negotiation of compensation with the PAPs. ▪ Participate in negotiations; ▪ Participate in engagement meetings and grievance redress committee meetings (as needed); ▪ Conduct resettlement monitoring of subprojects and documenting outcomes with photo materials; ▪ Provide write-ups with the analysis of resettlement performance to the Head of Safeguards Unit for including into the general progress reporting. Beneficiary Liaison / Grievance Redress Specialist Beneficiary Liaison Specialist will be involved in the public consultation process for each sub- project. This Specialist will serve as the main grievance redress focal point from the MDF side, and undertake the following responsibilities: ▪ Participate in stakeholder consultation meetings, introducing GRM system and procedures, draft minutes of consultations, take photos and obtain contact information and signatures of participants; ▪ Ensure that contact information for grievances on MDF side is available at all subproject sites and easily accessible to local citizens and Project-affected persons; ▪ Ensure that local authorities are aware of the grievance redress mechanism and their roles and responsibilities in it; ▪ Ensure that any grievances received by the MDF are recorded, resolved or referred to competent authorities, and resolved; ▪ Maintain grievance redress log. 15 Social and Gender Specialist Social and Gender Specialist will be involved in the process of preparation, implementation and monitoring all infrastructural investments undertaken by MDF with the following responsibilities: ▪ Conduct social and gender consultancy, support to build women’s capacity in decision- making process and improve gender balance at all stages of the sub project implementation; ▪ Ensure that women as well as men are actively involved in all aspects of stakeholder engagement; ▪ Determine level of effort required for gender analysis and adapt approach accordingly; ▪ Collect and analyze gender-disaggregated and gender-relevant data; ▪ Review the patterns of asset ownership, level of absentee ownership, degree of participation, and the nature of grievance records can all be gathered and analyzed with gender specificity; ▪ Conduct social monitoring at the implementation stage; ▪ Conduct inspection of ongoing sub projects to monitor proper implementation of social and gender indicators under the project and mitigation measures prescribed by the sub- project design documents, ESRs and ESMPs; ▪ Identify any unexpected adverse social impacts, which may emerge during sub-project implementation and manage them through appropriate responsive measures. ▪ Conduct after the year upon sub-project completion, social monitoring (sustainability, maintenance, and impact assessment); ▪ Monitor sustainability of social indicators of sub projects, share conclusions and recommendations with service provider bodies, and in case existence of problems, request the relevant authorities to take appropriate actions. Head of Occupational Health and Safety Unit The Head of Occupational Health and Safety Unit organizes oversight on the safety at work sites and compliance of labor conditions with the national legislation and terms of contract for the provision of works. Based on the assessment of risks observed at work sites, the Head takes decision on giving notice to contractor or suspension of works, issues guidance for corrective action and monitors its implementation. 6. Reporting Arrangements Documenting outcomes of the environmental and social supervision of sub-projects is mandatory. Monthly monitoring reports will be generated by filling out field monitoring checklists reflecting quality and extent of the application of each mitigation measure prescribed by ESMPs/ESRs. Information provided in checklists should be supported with photo material taken on-site and dated. 16 Environmental chapters of quarterly progress reports on the project implementation shared with the World Bank will carry more comprehensive, analytical information on the status of environmental performance under the SRMIDP, including its AF, carrying an overview of deviations/violations of ESMPs/ESRs encountered over the report period, instructions given to the works contractors for addressing any weaknesses or identified issues, and follow-up actions on the revealed outstanding matters. Social chapters of the quarterly progress reports will include a short description of the reasoning for why sub-projects did/did not require the application of the RPF, and the general status of social performance of the Project. Summaries of consultations, status of compensation to PAPs, status of livelihoods restoration activities and challenges in the implementation of RAPs will also be described. A list of sub-projects expected to necessitate any form of involuntary resettlement in the upcoming quarter will also be included. Prompt notification of the World Bank on any accidents, emergencies, and unforeseen issues which may occur in the course of works and directly or indirectly affect environment, physical cultural resources, personnel of works providers, and or communities residing in the vicinity of a project site is mandatory regardless timelines of reporting. Unexpected negative social impacts identified during Project implementation will also be reported. The MDF’s consultants and staff will be responsible for monitoring for such negative impacts during their supervision visits. 17 Attachment 1 Environmental Screening Form (A) IMPACT IDENTIFICATION Has sub-project a tangible impact on the environment? What are the significant beneficial and adverse environmental effects of sub-project? May the sub-project have any significant impact on the local communities and other affected people? (B) MITIGATION MEASURES Were there any alternatives to the sub-project design considered? What types of mitigation measures are proposed? What lessons from the previous similar projects have been incorporated into the sub- project design? Have concerned communities been involved and have their interests and knowledge been adequately taken into consideration in sub- project preparation? (C) CATEGORIZATION AND CONCLUSION Conclusion of the environmental screening: Sub-project is declined Sub-project is accepted Sub-project preparation requires: Checklist Environmental and Social Management Plan for Small Construction and Rehabilitation Activities Environmental and Social Review, including Environmental and Social Management Plan 18 Attachment 2 Social Screening Form Social safeguards screening information Yes No 1 Is the information related to the affiliation, ownership and land use status of the sub-project site available and verifiable? (The screening cannot be completed until this is available) 2 Will the sub-project reduce people’s access to their economic resources, such as land, pasture, water, public services, sites of common public use or other resources that they depend on? 3 Will the sub-project result in resettlement of individuals or families or require the acquisition of land (public or private, temporarily or permanently) for its development? 4 Will the sub-project result in the temporary or permanent loss of crops, fruit trees and household infrastructure (such as ancillary facilities, fence, canal, granaries, outside toilets and kitchens, etc.)? If answer to any above question (except question 1) is “Yes�, then OP/BP 4.12 Involuntary Resettlement is applicable and mitigation measures should follow this OP/BP 4.12 and the Resettlement Policy Framework 19 Attachment 3 Environmental and Social Management Checklist for Small Construction and Rehabilitation Activities General Guidelines for the use of present template of a checklist ESMP: For low-risk topologies, such as school and hospital rehabilitation activities, the World Bank safeguards team developed an alternative format to the current ESMPs providing an opportunity for a more streamlined approach to preparing ESMPs for minor or small-scale rehabilitation / construction works. This checklist-type format has been developed to provide “example good practices� and designed to be user friendly and compatible with safeguard requirements. The checklist ESMP format attempts to cover typical core mitigation approaches to civil works contracts with small, localized impacts. It is accepted that this format provides the key elements of an ESMP to meet World Bank’s requirements for Environmental Assessment under OP 4.01. The intention of this checklist is that it would be applicable as guidelines for the small works contractors and constitute an integral part of bidding documents for contractors carrying out small civil works under the World Bank-financed projects. The checklist has three sections: Part 1 includes a descriptive part that characterizes the project and specifies in terms the institutional and legislative aspects, the technical project content, the potential need for capacity building program and description of the public consultation process. This section could be up to two pages long. Attachments for additional information can be supplemented when needed. Part 2 includes an environmental and social screening checklist, where activities and potential environmental issues can be checked in a simple Yes/No format. If any given activity/issue is triggered by checking “yes�, a reference is made to the appropriate section in the following table, which contains clearly formulated management and mitigation measures. Part 3 represents the monitoring plan for activities during project construction and implementation. It retains the same format required for ESMPs proposed under normal Bank requirements for Category B subprojects. It is the intent of this checklist that Part 2 and Part 3 be included into the bidding documents for contractors, priced during the bidding process and diligent implementation supervised during works execution. 20 CONTENTS A. General Project and Site Information B. Safeguards Information C. Mitigation Measures D. Monitoring Plan 21 PART A: GENERAL PROJECT AND SITE INFORMATION INSTITUTIONAL & ADMINISTRATIVE Country Project title Sub-project title Scope of site-specific activity Institutional arrangements (WB) Task Team Leader: Safeguards Specialists: (insert) (insert) Implementation arrangements Implementing Works supervisor: Works contractor: (Borrower) entity: (tbd) (tbd) (insert) SITE DESCRIPTION Name of institution whose premises are to be rehabilitated Address and site location of institution whose premises are to be rehabilitated Who owns the land? Who uses the land (formal/informal)? Description of physical and natural environment, and of the socio- economic context around the site Locations and distance for material sourcing, especially aggregates, water, stones? LEGISLATION National & local legislation & permits that apply to project activity PUBLIC CONSULTATION When / where the public consultation process will take /took place GRIEVANCE REDRESS MECHANISM Brief description of institutional arrangements for receiving and processing grievances ATTACHMENTS Attachment 1: Site plan / photo Attachment 2: Construction permit (as required) Attachment 3: Agreement for construction waste disposal Other permits/agreements – as required Information on works supervisor, works provider (contractor), and the attachments will be provided later, prior to mobilization of a selected works provider to a work site 22 PART B: SAFEGUARDS INFORMATION ENVIRONMENTAL /SOCIAL SCREENING Activity/Issue Status Triggered Actions 1. Building rehabilitation [ ] Yes [ ] No If yes, see Section A below 2. New construction [ ] Yes [ ] No If yes, see Section A below 3. Individual wastewater treatment system [ ] Yes [ ] No If yes, see Section B below Will the site 4. Historic building(s) and districts [ ] Yes [ ] No If yes, see Section C below activity 5. Acquisition of land1 [ ] Yes [ ] No If yes, see Section D below include/involve any of the 6. Impacts on land and property use [ ] Yes [ ] No If yes, see Section E below following? 7. Hazardous or toxic materials2 [ ] Yes [ ] No If yes, see Section F below 8. Impacts on forests and/or protected areas [ ] Yes [ ] No If yes, see Section G below 9. Handling / management of medical waste [ ] Yes [ ] No If yes, see Section H below 10. Traffic and pedestrian Safety [ ] Yes [ ] No If yes, see Section I below 11. Community and labor health and safety [ ] Yes [ ] No If yes, see Section J below 1 Land acquisitions includes displacement of people, change of livelihood encroachment on private property this is to land that is purchased/transferred and affects people who are living and/or squatters and/or operate a business (kiosks) on land that is being acquired. 2 Toxic / hazardous material includes but is not limited to asbestos, lead-containing and other toxic paints, noxious solvents, etc. 23 PART C: MITIGATION MEASURES ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST 0. General Conditions Notification and (a) Obtain all legally required permits for construction, extraction or natural construction materials, disposal of waste and Worker Safety others as relevant. (b) Ensure supply of personal protective equipment to stall and personnel following international good practice (always hardhats, as needed masks and safety glasses, harnesses and safety boots) and control its use. (c) Signpost work sites to inform workers of key rules and regulations to follow. (d) Put up information on the company undertaking works at each work site and provide contact information. A. General Air Quality (a) Use debris chutes during interior demolition above the first floor. Rehabilitation and /or (b) Keep demolition debris in a controlled area and spray with water mist to reduce debris dust. Construction (c) Suppress during pneumatic drilling/wall destruction by ongoing water spraying and/or installing dust screen enclosures at site. Activities (d) Keep the surrounding environment (sidewalks, roads) free of debris to minimize dust. (e) There will be no open burning of construction / waste material at the site. (f) There will be no excessive idling of construction vehicles at sites. Noise (a) Limit construction noise to daytime working hours. (b) During operations the engine covers of generators, close air compressors and other powered mechanical equipment, and place equipment as far away from residential areas as possible Water Quality (a) Establish appropriate erosion and sediment control measures such as hay bales and / or silt fences to prevent sediment from moving off site and causing excessive turbidity in nearby streams and rivers. (b) Wash construction vehicles and machinery only in designated areas where runoff will not pollute natural surface water bodies. Waste management (a) Minimize amount of generated waste to the extent possible. (b) Separate various types of generated waste and re-use / recycle relevant types of waste to the possible extent. (c) Allocate sites for temporary on-site storage of various types of waste. Do not allow accumulation of excessive amounts of waste on-site. (d) Obtain formal arrangements with municipal authorities for the disposal of household waste and final placement of excess material (inert construction waste). (e) Make timely arrangements for the disposal or hand-over of hazardous waste to licensed companies. B. Individual Water Quality (a) Formally agree with local authorities the arrangements for handling wastewater and sewage generated at the construction wastewater treatment sites. system (b) Deactivate/dissolve disinfectant solutions after their use for treating newly constructed pipelines. (c) Arrange wastewater treatment systems ensuring treatment of discharge prior to release in the manner consistent with the applicable minimal quality criteria set out by national guidelines on effluent quality and wastewater treatment 24 C. Historic building(s) Cultural Heritage (a) If a building is a designated historic structure, very close to such a structure, or located in a designated historic district, notify and obtain approvals/permits from the National Agency of Cultural Heritage Preservation and relevant local authorities, and strictly follow their instructions. (b) It shall be ensured that provisions are put in place so that artifacts or other possible “chance finds� encountered in excavation or construction are noted and registered, responsible officials contacted, and works activities delayed or modified to account for such finds. D. Acquisition of land Land Acquisition (a) If expropriation of land was not expected but is required, or if loss of access to income of legal or illegal users of land was Plan/Framework not expected but may occur, immediately consult RMIDP’ Task Team Leader in the World Bank. (b) Undertake further actions following Resettlement Action Plan of RMIDP. E. Impacts on land Limited/lost access (a) Ensure provision of undisturbed and safe access to homes, lands and other assets of the local population; and property use to the land Plan road works to maintain undisturbed access to land and assets of the local population by planning and implementing works and activities in coordination with residents and representatives of the local community. Temporary impact (a) Avoid trespassing or incidentally damaging of private property (using small-size machinery or manual labor near walls and on privately-owned fences, stockpiling of construction material and waste away from private property; etc.). assets (b) In case of unintended damage to private property, quickly restore it to the original or better status. (c) In case of expected temporary impact on privately-owned property, inform owners upfront and guarantee restoration, acquire written consent of owners for intervention, and promptly restore the damage to the original or better status. (d) If an unexpected need for land take emerges in the couse of works, do not enter the affected site prior to development and full implementation of the Resettlemet Action Plan by MDF. F. Toxic Materials Asbestos (a) If asbestos is located on the project site, mark it clearly as hazardous material. management (b) When possible, undertake works without contacting asbestos-containing elements of pre-existing infrastructure to minimize exposure and volume of generated hazardous waste. (c) Treat asbestos prior to removal (if removal is necessary) with a wetting agent to minimize asbestos dust. (d) Use skilled & experienced professionals for handling asbestos-containing waste. (e) If asbestos material is stored temporarily, securely enclose it inside containments and mark appropriately. Undertake security measures against unauthorized removal of asbestos-containing waste from the site. (f) Do not reuse or allow reuse of the removed asbestos. Toxic / hazardous (a) Provide safe and labeled containers for temporarily on-site storage of all hazardous or toxic substances. waste management (b) Place containers of hazardous substances in a leak-proof container to prevent spillage and leaching (c) Transported hazardous waste with appropriate vehicles; disposed in a formal landfill operated by the Solid Waste Management Company of Georgia or hand over to licensed company for de-activation, recovery and final disposal. (d) Do not use paints with toxic ingredients or solvents or lead-based paints. G. Affected forests, Protection (a) Do not damage or exploit any recognized natural habitats, wetlands and protected areas in the immediate vicinity of the wetlands and/or activity; strictly prohibited hunting, foraging, logging or other damaging activities by staff and personnel. protected areas (b) Carry out an inventory of large trees in the vicinity of the construction activity; mark large trees and cordon them off with fencing, their root system protected, and any damage to the trees avoided (c) Protect adjacent wetlands and streams from construction site run-off with appropriate erosion and sediment control feature to include by not limited to hay bales and silt fences (d) There will be no unlicensed borrow pits, quarries or waste dumps in adjacent. areas, especially not in protected areas. 25 H. Disposal of Infrastructure for (a) In compliance with national regulations, ensure that newly constructed and/or rehabilitated health care facilities include medical waste medical waste sufficient infrastructure for medical waste handling and disposal. This includes and not limited to: management ▪ Special facilities for segregated healthcare waste (including soiled instruments “sharps�, and human tissue or fluids) from other waste disposal; and ▪ Appropriate storage facilities for medical waste are in place; and ▪ If the activity includes facility-based treatment, appropriate disposal options are in place and operational. I. Traffic and Direct or indirect (a) In compliance with national regulations, ensure that the construction site is properly secured, and construction-related Pedestrian Safety hazards to public traffic is regulated. This includes but is not limited to: traffic and ▪ Signposting, warning signs, barriers and traffic diversions: site will be clearly visible, and the public warned of all pedestrians by potential hazards. construction ▪ Traffic management system and staff training, especially for site access and near-site heavy traffic. Provision of safe passages and crossings for pedestrians where construction traffic interferes. activities ▪ Adjustment of working hours to local traffic patterns, e.g. avoiding major transport activities during rush hours or times of livestock movement. ▪ Active traffic management by trained and visible staff at the site, if required for safe and convenient passage for the public. ▪ Safe and continuous access to office facilities, shops and residences during renovation activities, if the buildings stay open for the public. J. Community and Public relationship (a) Assign local liaison person within Contractor’s team to be in charge of communication with and receiving requests/ labor health and safety management complaints from local population. (b) Consult local communities to identify and proactively manage potential conflicts between an external workforce and local people. (c) Raise local community awareness about sexually transmitted disease risks associated with the presence of an external workforce and include local communities in awareness activities. (d) Inform the population about construction and work schedules, interruption of services, traffic detour routes and provisional bus routes, blasting and demolition, as appropriate. (e) Limit construction activities at night. When necessary ensure that night work is carefully scheduled, and the community is properly informed, so they can take necessary measures. (f) At least five days in advance of any service interruption (including water, electricity, telephone, bus routes), advice community through postings at the work site, at bus stops, and in affected homes/businesses. (g) Address concerns raised through Grievance Redress Mechanism established by the Employer within the designated timeline within the scope of Contractor’s liability . (h) To the extent possible, do not locate work camps in close proximity to local communities. (i) Undertake siting and operation of worker camps in consultation with neighboring communities. Labor management (a) Recruit unskilled or semi-skilled workers from local communities to the extent possible. Where and when feasible, worker skills training, should be provided to enhance participation of local people. (b) Provide adequate lavatory facilities (toilets and washing areas) in the work site with adequate supplies of hot and cold running water, soap, and hand drying devices. A temporary septic tank system should be established for any residential labor camp and without causing pollution of nearby watercourses. 26 (c) Raise awareness of workers on overall relationship management with local population, establish the code of conduct in line with international practice and strictly enforce them, including the dismissal of workers and financial penalties of adequate scale. 27 PART D: MONITORING PLAN What Where How When Why Who (Is the (Is the (Is the (Define the (Is the (Is Activity parameter parameter parameter frequency / parameter responsible to be to be to be or being for monitored?) monitored?) monitored?) continuous?) monitored?) monitoring?) CONSTRUCTION PHASE 1. 2. n. OPERATION PHASE 1. 2. n. 28 Attachment 5 Monthly Field Environmental Monitoring Checklist Site location Name of contractor Name of supervisor Date of site visit Status of civil works Status Documents and activities to be examined Comments Yes Partially No N/A Contractor holds license for extraction of natural resources Contractor holds permit for operating concrete/asphalt plant Contractor holds agreement for final disposal of waste Contractor holds agreement with service provider for removal of household waste from site Work site is fenced, and warning signs installed Works do not impede pedestrian access and motor traffic, or temporary alternative access is provided Working hours are observed Construction machinery and equipment is in standard technical condition (no excessive exhaust and noise, no leakage of fuels and lubricants) Construction materials and waste are transported under the covered hood Construction site is watered in case of excessively dusty works Contractor’s camp or work base is fenced; sites for temporary storage of waste and for vehicle/equipment servicing are designated 29 Contractor’s camp is supplied with water and sanitation is provided Contractor’s camp or work base is equipped with first medical aid and fire-fighting kits Workers wear uniforms and protective gear adequate for technological processes (gloves, helmets, respirators, eye- glasses, etc.) Servicing and fuelling of vehicles and machinery is undertaken on an impermeable surface in a confined space which can contain operational and emergency spills Vehicles and machinery are washed away from natural water bodies in the way preventing direct discharge of runoff into the water bodies Construction waste is being disposed exclusively in the designated locations Extraction of natural construction material takes place strictly under conditions specified in the license Excess material and topsoil generated from soil excavation are stored separately and used for backfilling / site reinstatement as required Works taken on hold if chance find encountered and communication made to the State agencies responsible for cultural heritage preservation Upon completion of physical activity on site, the site and contractor’s camp/base cleared of any remaining left-over from works and harmonized with surrounding landscape 30 Attachment 6 Minutes of Public Consultation Meeting on the ESMF Regional Municipal Infrastructure Development Project II Public Consultation on Environmental and Social Management Framework and Resettlement Policy Framework MINUTES Municipal Development Fund, Tbilisi (III floor, conference room) March 18, 2014 Agenda: 14:00 Opening 14:10 Brief overview of the RMIDP II Shalva Kokochashvili, Donor Relations Team Specialist, Municipal Development Fund of Georgia 14:20 Overview of Environmental Ana Rukhadze, Environmental Safeguard and Social Management Specialist, Municipal Development Fund of Framework Georgia Davit Arsenashvili, Social Safeguard 14:40 Resettlement Policy Specialist, Framework Municipal Development Fund of Georgia 15:00 Discussion - 17:00 31 Those present: 1. Tengiz Topuridze, Ministry of Regional Development and Infrastructure of Georgia; 2. Maya Beradze, Ministry of Environment and Natural Resource Protection of Georgia; 3. Besik Basiashvili, Ministry of Economy and Sustainable Development of Georgia; 4. Medea Chachkhiani, Solid Waste Management Company - LTD; 5. Khatuna Chikviladze, Solid Waste Management Company - LTD; 6. Keti Chomakhidze, United Water Supply Company of Georgia; 7. Rusudan Lolijashvili, Roads Department of Georgia; 8. Maya Vashakidze, Roads Department of Georgia; 9. Nugzar Gabelia, Samegrelo, ZemoSvaneti Territorial Administration; 10. Nikoloz Chikhladze, Imereti Territorial Administration; 11. Davit Khandolishvili, Kakheti Territorial Administration; 12. Amiran Shavishvili, ShidaKartli Territorial Administration; 13. Natalia Oniashvili, Black Sea Ecoacademy; 14. Nino Sulkhanishvili, Ecovision; 15. Rusudan Simonidze, Greens Movement of Georgia / Friends of the Earth; 16. Mariam Begiashvili, Institute of Social Research (ISR); 17. Keti Jibladze, Regional Environmental Center for Caucasus (REC); 18. Grigory Mamaladze, „Gergili“ LTD; 19. Levan Kakubava, „Gergili“ LTD; 20. Nino Metreveli, World Bank, Social Development Specialist; 21. Nino Kharazi, Municipal Development Fund, Director Advisor; 22. Nino Jangulashvili, Municipal Development Fund; 23. Shalva Kokochashvili, Municipal Development Fund; 24. Nino Nadashvili, Municipal Development Fund; 25. Ana Rukhadze, Municipal Development Fund. Shalva Kokochashvili opened the meeting, greeted the participants and stated objectives of the meeting. He briefed the public on the Regional MunicipalInfrastructure Development Project II, which will be implemented with the WB support. The RMIDP 2 is mainly aimed at improvement of the municipal infrastructure. He explained that it is a new project of the WB, which actually is the continuation of the existing project and its duration is the following period: 2104-2018. The tentative budget is allotted as follows: WB portion – USD 30 mln., portion of the Government of Georgia - USD 12 mln. He briefly discussed those 7 initial project sites, which were selected for funding under the new program. 32 Ana Rukhadzepresented information on the natural and social environmental impact management framework. She noted that theRMIDP II falls under Category B and thus only B or C category projects will be eligible within its framework. She briefly discussed safety regulations of the WB applicable to RMIDP II; presented a structure of the natural and social environmental impact management plan, as well as the simplified environmental management plan checklist applicable to low risk sub-projects (small scale construction and rehabilitation works). She reviewed public hearing issue for environmental management plans, and environmental procedures, which are applied by the MDF at the sub-project identification, assessment and implementation stages. Davit Arsenashvili presented information on the resettlement policy framework. He noted that the document specifies principles and procedures of resettlement and land acquisition under RMIDP II, as well as the categories and rights of persons affected by the sub-project and analytical works and documents to be prepared prior to, during and after Resettlement Action Plan implementation. He also reviewed the main principles of WB safeguard policies (OP/BP 4.12) and Georgian legislation on Involuntary Resettlement and coherent principles of their implementation under RMIDP II, public hearing procedures for the Resettlement Action Plans and grievance redress mechanism. Following the abovementioned presentations, participants posed questions. Major part of the questions was dedicated to project selection and financing procedures and priorities. In respect of resettlement issues, interest was provoked by compensation and reimbursement mechanisms. Questions asked and comments made: Questions: Comments: How are projects selected for funding, how The participants received clarification on are priorities determined, what is the procedures and arrangements of project complete cycle, which stages are to be selection and funding. The projects are covered from the beginning till the end, are selected based on the needs and demands there any time frames? of the municipalities. There are no standard timeframes and limitations set against the selection process. If there is any kind of urgent problem requiring solution, it is possible to retroactively finance the project, provided that it is proposed in line with the required standards and quality. If the municipality is unable to come up with the adequately designed project, than the MDF itself gets involved in the project preparation process and ensures development of the municipality’s demand-oriented projects. 33 Who is in charge of environmental A full environmental and social impact assessment of the projects? Who develops assesment report is prepared for those environmental management plans for the sub-projects which, despite of belonging projects? to caregory B, involve relatively high risks and their potential negative impact is not clearly identified in advance, and for such projects, which pursuant to Georgian legislation require State ecological expertise and environmental impact permit. For preparation of the full environmental and social impact assesment report, consultancy service is procured through bidding. For low risk sub-projects (small scale construction and rehabilitation works) is used a simplified environmental management plan checklists will be prepared by the MDF’s environmental specialists. Environmental management plan and environmental impact permit requirements constitute part of biddings announced for any of the projects and further become part of the contract. The EMP checklist specifies that, toxic/ In case of toxic/hazardous waste hazardous waste disposal should be generation, services of the organizations performed at the specially licensed landfills, holding the appropriate permit will be though currently there are no such landfills procured. existing in Georgia, except for the Ialguja closed landfill. As for asbestos containing waste (asbestos sheeting), it will be disposed at the Is it possible for the MDF to consider the existing landfills, pursuant to the landfill arrangement issue, including the one legislation in force. for the disposal of toxic waste? Only B and C category projects are funded underRMIDP II, therefore arrangement of a new landfill cannot be funded due to its belonging to category A. In the first question of the social screening Respective changes were made to the form, the word „affiliation and ownership“ social screening form. should be complemented with the word „land use status“, the following should be added to question 2: “sites of common public use�, and the following should be added to question 3, list of domestic infrastructure: “ancillary facilities, fence, canal�. 34 Are the municipalities adequately informed Numerous meetings were conducted in by the MDF and do they have sufficient the municipalities; their representatives information available on project financing underwent respective training, and were facilities? furnished with requisite information. There is permanent media coverage of the MDF completed and ongoing projects. What are the principles of resettlement and The Resettlement Policy Framework is evaluation of the assets of affected persons? prepared based on the WB’s Operation Policy and the Georgian legislation in force. Compensation will be granted to every single person, which is directly affected by the project implementation. Registered formal owners of land titles as well as informal land users will be eligible for some compensation, but the type of compensation will differ: cost of the land plot will be paid only to those holding a land title. In other cases, the affected persons will be entitled for compensation of crops, plants and other type of economic activity led without having formal rights to the land. The assets are valued according to market price or at replacement rates. For example: a land plot is valued at market price, while plants are compensated at the replacement rate. Is it possible to appeal against the valuation Of course, it is possible. The local results? grievance redress mechanism and court are designated for this purpose. What happens when a person claims The procedure of expropriation is applied compensation, which is more than the actual for both cases. In the process of cost of his asset and what happens when a expropriation, the affected person is person refuses to relocate? entitled to conduct alternative valuation and if the court decides that the mentioned person is eligible for more compensation, than his claim will be met. Otherwise, if agreement is not reached with the owner, the person is subjected to expropriation, which is to be conducted based on a fair compensation rate. Though, all possible mechanisms should be triggered in order to avoid expropriation. 35 What is the compensation for demolished Demolished housing is compensated in housing? monetary terms. What happens in case if the affected person Parties to an agreement are legally spends the whole amount and remains capable persons responsible for their own without housing? actions. If such danger arises (in respect of the legally incapable person) than social services have to get invloved. Otherwise, we are not entitled to instruct a private individual on means of spending an amount received as a result of compensation. We have a kindergarten, which is inhabited The RPF does not restrict submission of by IDPs, are we entitled to propose the such project proposals on rehabilitation kindergarten rehabilitation project? of buildings inhabited by IDP-s. A resettlement action plan will be prepared for such projects. As for the IDPs, their resettlement issue should also be approved by the Ministry of Refugees and Accommodation of Georgia. Representatives of territorial administrations and other participants of the meeting emphasized the necessity of strengthening cooperation between the MDF, territorial administrations and municipalities. At the end of the meeting, Sh. Kokochashvili wrapped up the suggestions and remarks expressed at the meeting and stated that the final versions of Natural and Social Environmental Impact Management and Resettlement Policy Frameworks will be posted on the MDF website. Minutes prepared by: Nino Nadashvili and Ana Rukhadze Participants’ Registration List 36 37 38 39 Photo material representing the meeting 40