UKRAINE KYIV URBAN MOBILITY PROJECT ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) May 2021 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Kyiv City State Administration (KCSA) and Kyivpastrans (serving as Project Implementing Agency), a communal enterprise under the management of KCSA, shall implement the Kyiv Urban Mobility Project (the Project). The International Bank for Reconstruction and Development (hereinafter the Bank) has agreed to provide financing for the Project. 2. The Kyiv City State Administration shall implement material measures and actions so that the Project is implemented in accordance with the Environmental and Social Standards (ESSs). This Environmental and Social Commitment Plan (ESCP) sets out material measures and actions, any specific documents or plans, as well as the timing for each of these. 3. The Kyiv City State Administration shall also comply with the provisions of any other environmental and social documents required under the Environmental and Social Framework (ESF) and referred to in this ESCP, such as Environmental and Social Impact Assessment, Environmental and Social Management Plans (ESMPs), Resettlement Action Plans (RAPs), Labor Management Procedures (LMP), and Stakeholder Engagement Plans (SEPs), and the timelines specified in those E&S documents. 4. The Kyiv City State Administration is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the by the parties involved in the project. 5. Implementation of the material measures and actions set out in this ESCP shall be monitored and reported to the Bank by the Kyiv City State Administration as required by the ESCP and provisions of the Loan Agreement between Ukraine and the Bank, and the Bank shall monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the Bank and the Kyiv City State Administration, this ESCP may be revised from time to time during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to assessment of Project performance conducted under the ESCP itself. In such circumstances, the Government of Ukraine shall agree to the changes with the Bank and shall update the ESCP to reflect such changes. Agreement on changes to the ESCP shall be documented through the exchange of letters signed between the Bank and the Kyiv City State Administration. The Kyiv City State Administration shall disclose the updated ESCP in the shortest possible time. 7. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Kyiv City State Administration shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts, which may include environmental or labor risks. 2|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Annually throughout Project implementation. Coordinate with KPT Prepare and submit regular monitoring reports on environmental and the WB ISR Report. social performance of the Project, including but not limited to the implementation of the ESCP. B INCIDENTS AND ACCIDENTS Any incident or accident shall be notified immediately after KPT Promptly notify the Bank of any incident or accident related to the taking note of the incident or accident, report to the Task Project which has, or is likely to have, a significant adverse effect on the Team Leader of the Bank. environment, the affected communities, the public, grant recipients or workers. Provide sufficient detail regarding the incident or accident, The immediate incident report shall be submitted to the Bank indicating immediate measures taken or that are planned to be taken to within 48 hours. address it, and any information provided by any contractor and supervising entity, as appropriate. Subsequently, as per the Bank’s Notify the Bank within 48 hours after learning of the incident request, prepare a report on the incident or accident and propose any or accident. measures to prevent its recurrence. A report would be provided within a timeframe acceptable to the Bank, as requested. C CONTRACTORS MONTHLY REPORTS Monthly and upon request from the PIU (in the case of PIU to include the Contractors shall provide monthly monitoring reports to the Project incidental or unexpected situations). requirement clause in Implementing Entity the contract and thereafter ensure compliance therewith Contractor(s) 3|Page ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE Organizational structure: For purposes of strengthening the PIU’s No later than 30 business days after the Effective Date KPT capacity, not later than thirty (30) days after the Effective Date, unless otherwise agreed with the Bank, the Borrower shall cause the Project Implementing Entity to hire: (i) one social specialist; (ii) one environmental specialist; Maintain a Project Implementation Unit (PIU) with resources and staff with qualifications and experience satisfactory to the Bank, to support management of E&S risks including social and environment specialists (at least, one of each), and public relation/stakeholder engagement specialist responsible for ensuring full compliance with the ESF and relevant instruments. No design/civil works shall be carried out until The organizational structure, including the specialists, shall be E&S staff referred to in the legal agreements, have been hired. maintained throughout Project implementation 1.2 MANAGEMENT TOOLS AND INSTRUMENTS Disclose, consult upon and adopt the final Environmental and Social No later than 30 business days after the Effective Date KPT Impact Assessment (including ESMP). Finalize by incorporating relevant feedback and re-disclose thereafter. Prepare, disclose, discuss with stakeholders and finalize thereafter the No later than 12 months after the Effective Date, prior to the Ukrainian standard of the ESIA (also known by its Ukrainian preparation of procurement documents abbreviation ‘OVD’). 1.3 MANAGEMENT OF CONTRACTORS Incorporate the relevant aspects of the ESCP, including requirement to No later than 12 months after the Effective Date, prior to the KPT comply with the ESIA, ESMP and Labor Management Procedures, into preparation of procurement documents. the ESHS specifications of the procurement documents. Ensure that the requirement to produce Contractor’s ESMP, LMPs GRM for Implementation of the management tools and instruments Contractor’s personnel, and ESHS Code of Conduct are included into required throughout Project implementation bidding documents for civil works contracts. Thereafter ensure that the contractors comply with the ESHS Supervise contractors throughout the Project implementation. specifications of their respective contracts. 4|Page 1.4 Ensure that the Contingency Emergency Response Manual (CER Prior to the start of design/civil works under CERC and KPT Manual) incorporates the environmental and social management maintained throughout Project implementation arrangements and requirements in a manner consistent with the ESSs, including the preparation of any required environmental and social instruments for the activities to be carried under the CERC of the Project. 1.5 Prepare, adopt and disclose any environmental and social instruments Prior to the start of design/civil works under CERC and KPT which may be required for activities under CERC of the Project in maintained throughout Project implementation accordance with the CER Manual and the ESSs, and thereafter implement the measures and actions required under said instruments, within the timeframes specified in said instruments, all in manner acceptable to the Bank. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Adopt Labor Management Procedures. LMP to be applied throughout Project implementation. KPT Establish procedures for screening of GBV risks. Establishment of procedure for screening of GBV prior to work commencement (no later than 12 months after the Effective Date) and apply throughout the project life. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Establish, maintain, and operate grievance mechanisms for direct Grievance mechanism shall be operational prior to engaging KPT workers, including procedures on how GBV/SEA/SH grievances shall be project workers (direct and contracted) and maintained KCSA handled, and obligate contractors to establish and maintain appropriate throughout Project implementation. Information about GRM for their personnel with capacity to handle GBV/SEA/SH grievance mechanism shall be disseminated to project workers complaints appropriately and effectively. prior to start of works. Monitor processing of the received complaints. Ongoing throughout Project implementation. 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES Where assessed as necessary, implement measures of protection at Occupational Health and Safety measures shall be maintained KPT work and safety for jobs with increased risk of injury and damage to throughout Project implementation. Occupational Health and health, as well as organization of training for workers in such jobs. Safety measures shall be in place before commencement of activities that they are designed for. Ensure all Contractors adopt and implement OHS measures as detailed in ESIA/ESMP, including COVID-19 prevention measures. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 5|Page 3.1 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT: Include measures to prevent pollution during construction and Prior to the start of civil works and maintained throughout KPT operation into Contractors’ ESMPs (including development of all Project implementation required environmental and social management sub-plans) following guiding principles of the ESS 3, ESIA and the WBG EHS Guidelines, and duly applied. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 COMMUNITY HEALTH AND SAFETY: Measures to protect community health and safety (including measures Prior to the start of civil works and maintained throughout KPT to prevent the spread of COVID-19) during construction (including Project implementation development and implementation of Traffic Management Plan) are included into Contractors’ ESMPs following guiding principles of the ESF and ESIA and duly applied. 4.2 Community Health and Safety protocols for operational stage of the Before project commissioning stage KPT project are developed and implemented in compliance with international best practice and WBG EHS Guidelines 4.3 Detailed design and detailed ESIA (including ESMP), as well as OVD No later than 12 months after the Effective Date, prior to the KPT consider emergencies risks (such as flooding etc.) and envisage preparation of procurement documents mitigation measures to address these risks. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT: Disclose, consult upon with stakeholders, finalize by incorporating No later than 1 months after the Effective Date KPT relevant feedback and re-disclose and adopt draft Resettlement Policy Framework (RPF). 5.2 Pursuant to the RPF, prepare, disclose, consult upon with stakeholders, Throughout Project Implementation KPT finalize and adopt and thereafter implement Resettlement Action Plans, as necessary. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES Currently not relevant to the project ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 6|Page Currently not relevant to the project ESS 8: CULTURAL HERITAGE 8.1 Chance Finds Procedure is included into all civil works contracts and Throughout Project implementation KPT contractors are obligate to adhere as specified in the ESIA (including ESMP). ESS 9: FINANCIAL INTERMEDIARIES Currently not relevant to the project ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE: Disclose, consult upon with stakeholders, finalize based on the received No later than 30 days after the Effective Date. KPT feedback and redisclose and adopt the final SEP Implement the SEP Maintain continuously thereafter during Project implementation. Report on the implementation of all activities in the SEP Report on SEP implementation at least every six months during implementation of the Project. 10.2 Establish and maintain a Project-level GRM equipped to handle SEA/SH GRM to be established and operational within 30 days of the PIU, complaints Effective Date and maintained throughout Project KCSA implementation. CAPACITY SUPPORT (TRAINING) CS1 Training shall be required for designated staff and stakeholders on: Within three months after the Effective Date followed by a PIU • COVID-19 preparedness and response minimum one annual refresher training KPT • stakeholder mapping and engagement • specific aspects of environmental and social assessment under WB ESF requirements • SEA/SH awareness • international requirements for tender procedures 7|Page