ESIA Terms Of Reference PDF - May 2023

EXECUTIVE SHORT TERM COURSE IN ENVIRONMENTAL STANDARDS TRACK A: COURSE FOR ENVIRONMENT AND SOCIAL ASSESSMENT PRACTITIONERS Overview of the ESIA Terms Of Reference- ES117 Dr Karimatu Abdullahi....

EXECUTIVE SHORT TERM COURSE IN ENVIRONMENTAL STANDARDS TRACK A: COURSE FOR ENVIRONMENT AND SOCIAL ASSESSMENT PRACTITIONERS Overview of the ESIA Terms Of Reference- ES117 Dr Karimatu Abdullahi. BY Dr Sherif Arif, Ph.D Senior Environmental Consultant to the Environment Global Practice of the West and Central Africa - SAWE4 MAY, 2023  What is a Terms of Reference Terms of Reference or ToR for ESIA describes the purpose and objectives of a project Environmental & Social Impact Assessment (ESIA) Prepared by the Environmental and Social Safeguards Officer The TOR sets the Background, objectives, components, relevant and applicable ESSs, project description, defines the scope and establishes the strategy and schedule for the EIA process, deliverables, timeline, reporting and outline or contents of the ESIA or ESMP  Contents of the TOR 1) Background and objectives of the ESIA. 2) A summary description of the main project features (with a location map and project layout diagram). 3) Relevance of the Project 4) The Institutional and legal framework including a summary of the applicable ESS s environmental and social screening of the project and any environmental and social scoping undertaken 5) Analysis of Project Alternatives 6) Base line data measurements 7) A summary of typical and likely significant environment and social impacts and risks associated with the project. 8) An outline of the main impact assessment steps to be followed and the methodology to be used.. 9) Proposed ESMP ( mitigation, monitoring and institutional measures ) including deliverables, reporting schedule and suggested workplan 10)Stakeholder engagement and consultation requirements 11)Sustainability and Key actions of the Environment and Social Commitment Plan 12)Services to be Provided by the Borrower 13)Management Assignment 14)Delivery and Reporting requirements by the Consultant 15)Qualifications and Key Expertise 16) Proposed technical Evaluation 17) Compensation to the Consultant  Principal Activities: A Description of the Project Detailed description of the project, which will clearly identify the specific environmental and social issues related to it, including all risks and health and safety aspects. Analysis of the alternatives considered, justification and environmental and social foundations of the project location. Consider all types of economical, financial technical social alternatives related to overall approach and project design, including the “no project ” alternative Description of the project location and sensitive environmental and social features. It includes a map of sufficient detail, showing the project site and the area that may be affected by the project’s direct, indirect, and cumulative impacts. Description of the Associated Facilities, their locations, their relations to the Project and the potential risk and Impacts from and to the Project Components and sub-components, which consider the main elements or units, support facilities, equipment or technologies to be used, raw materials, labor (construction, operation and maintenance stages), and work schedule. This includes any offsite activities that may be required (e.g., dedicated pipelines, access roads, power supply, water supply, housing, and raw material and product storage facilities), as well as the project’s primary supply chain. Describe the beneficiaries of the Project, their socio economic characterization such as the population, size, level of urbanization come indicators ,levels of health and education Provide information of the total cost of the Project, its components and sub-components; the source of financing, and the Government/proponent contribution to the Project  Relevance of the Project Provide Information on : the nature and number of beneficiaries potentially affected by the proposed project; all organizations and agencies affected by or involved in the proposed project; all major problems/opportunities related to the proposed project, experienced by the beneficiaries and other parties involved, the causal inter-relationships of these problems/opportunities, and the inter-sectoral linkages; other interventions or priorities of ministries, agencies and donors which may affect or be affected by the proposed project/investment Provide answers to the following questions Overall objectives: Why is the project important to the target groups and beneficiaries, the region and the Government? What is the desired economic, social and environmental development/impact, as possibly expressed in the appraisal report ?  Project purpose: Why do the target groups and beneficiaries need the project?  Project results: What products and services will the project deliver to the target groups and beneficiaries? What assumptions are required to achieve the project purpose?  Project activities: What is the precise scope of activities to be undertaken and what are the associated assumptions for achieving the project results. The project purpose and results should be measurable by indictors, and project activities should be quantified wherever possible  B: The Institutional and Legal framework Identify the institutions responsible for the execution and environmental and social management of the project; the borrower, the implementing ministry (ies) , at the respective levels of government; roles and functions of each of the institutions, the composition and role of a steering committee ( if any),the roles and responsibilities the project management unit (PMU) if any , with the project manager and its staff composition ; identifying the needs for institutional strengthening Describe the Role and capacity of third-party organizations, e.g. governments, contractors (with whom the proposed project or implementing partner has a substantial involvement), or an operator of an associated facility (to the extent of the Project Developer’s control or influence over these organizations); Primary suppliers (where the resource utilized by the proposed project is ecologically sensitive, or where child labor, forced labor and/or unsafe working conditions may be involved Describe the regulations, system and requirements for environmental licensing and land ownership, and other authorizations necessary for the implementation of the project components. State applicable international regulations , agreements and conventions that must b complied with under the Project State and describe the ten ESS’s triggered under the World Bank Environment and Social Framework. Be specific about which of these requirements would be triggered/required in the context of this operation with appropriate justification Determine the similarities and difference between the national legislation and the World Bnak ESS s. In case of difference; Identify ach gap for each triggered ESS, while acknowledging that higher standards will be used. Emphasis should be given to stipulations in national or local law that may impede compliance with the World Bank ESS s and respective guidance/guideline or vice versa. In these cases, practical solutions need to be found in collaboration with the implementing partner and included in the ESMP. Refer to international good practices such as th World Bank Group Environmental Health and Safety guidelines and indicate whether or not the national health and safety guidelines are consistent with the World Bank guidelines.  Objective of the Consultancy of the Preparation of an ESIA The general objective of the consultancy is to ensure compliance with the World Bank Environment and Social Standards (ESSs) as well the national environmental legislation) in the context of the operation. Further, it serves to identify social and environmental impacts (positive and negative) and risks and to design respective measures to prevent, reduce, mitigate and/or offset/compensate (for) them. Specific Objectives: To prepare an Environmental and Social Assessment (ESIA) and its respective Environmental and Social Management Plan (ESMP) for the operation to ensure the socio-environmental sustainability of its different components. The consultancy aims to analyze, evaluate and propose measures to prevent, control, mitigate, restore and/or compensate the potential environmental and social impacts of the project so that the project complies with the World Bank ESSs and national legislation. The ESIA must include management plans and other instruments detailing environmental and social requirements, in particular to guide the final design of the project and its components, including recommendations for changes to the project design as well as specific actions to be taken by contractors and subcontractors. Develop a consultation/stakeholder engagement plan, including an analysis of interested and affected parties, detailing documentation requirements, and dissemination of information about the project. Support the implementing partner (and responsible party) in carrying out meaningful consultations.  Analysis of the Project Alternatives Systematically compare feasible alternatives to the proposed project site, technology, design, and operation—including the “without project” situation—in terms of their potential environmental and social impacts. Assess the alternatives’ feasibility of mitigating the environmental and social impacts; the capital and recurrent costs of alternative mitigation measures, and their suitability under local conditions; and the institutional, training, and monitoring requirements for the alternative mitigation measures. For each of the alternatives, quantify the environmental and social impacts to the extent possible, and attaches economic values where feasible Provide a justification for the selected alternative  Measurements of Baseline Data Collect at different locations around the Project , and its associated facilities , the outdoor air quality namely Particulate matters ( 10 microns and 2.5microns) ,SOx, NOx, Carbon monoxide at carbon dioxide , noise and odor ozone for at last two different seasons ( eg winter-summer) Collect water quality of surface water and groundwater existing in the location of the project and its associated facilities using at least the following parameters: PH; H2O; DBO 5, DCO, Suspended solids, and Coliform Compare these data with the WHO standards and the national standards and identify any gaps between the two.  Analysis of the Environment and Social Impacts Develop a methodology/grading system for impacts to record severity in a matrix (long vs. short-term, reversible vs. irreversible etc.); pointing out its limitations, according to the environmental characteristics Identify, analyze and rate the environmental and social risks impacts of the project and for each of potential components/subcomponents during the different phases of the project cycle (preparation, operation, maintenance etc.), including those impacts related to health and safety in the construction, operation and maintenance stages;. the importance level may be assessed on the basis of the nature, extent, intensity and duration of the impact, as well as on the sensitivity of the concerned environmental and social components and perceptions of the public Consider for all planned activities in the project area including the associated facilities; positive and negative, direct, indirect, induced; cumulative impacts and transboundary impacts, such as pollution of international waterways or transboundary river basins, airsheds and ecosystems; migration of populations; international relations; Assess the global environmental and social impacts and risks, e.g. greenhouse gas emissions, ozone depletion, loss of biodiversity and desertification; loss of cultural diversity and heritage  Summary of Impacts Impacts should be assessed in terms of project preconstruction, construction ,operation and decommissioning A sign ranging from --- to +++ describes the magnitude of each impact Impact Pre- Constructio Operation De-Commissioning Construction n phase Air quality Noise Surface water Groundwater Biological environment Traffic Landscape Socio-economics Cultural resources + + + = High positive impact + + = Moderate positive impact + = Low positive impact - - - = High negative impact - - = Moderate negative impact - = Low negative impact 0 = Neutral impact  The Environment and Social Management Plan (ESMP): Mitigation Measures The Consultant(s) is required to prepare an environmental and social management plan (ESMP) for the Project/Investment that includes the following components: Detailed description of all proposed environmental and social control and mitigation measures that are needed based on risks arising out of the Project/Investment as a whole, the type of activity undertaken or actions during construction (e.g., air quality management plan, and landscape management plans) and operation (e.g., hazardous materials and fuel management, transport and packing management, maintenance and site security plans, and emergency evacuation and contingency plans). The ESMP must: Identify mitigation measures to prevent, minimize, mitigate or compensate for adverse environmental and develop enhancement measures to improve project environmental and social performance. For each component listed above, the proposed time schedule (i.e., when initiated, when completed, and frequency), responsibility (i.e., who will implement), and the estimated cost should be provided; As appropriate, this information should also be provided for the individual actions within a component The following mitigating measures should be summarized in the following table :  MITIGATION MEASURES FOR ESS 1 Each measure should be briefly described in relation to the impact (s) and conditions under which is required and should be summarized in the following table Project Potential Proposed Institutional Cost Activity impacts measure(s) responsibiliti estimate es Pre- Construction Phase Construction Phase Operational & Maintenance Phase De- Commissioni ng phase  Additional Plans could be developed for the triggered ESSs ESSs Title Plans to be prepared 2 Labor and Working Conditions Labor Management Procedures 3 Resource Efficiency and Pollution GHG estimate; pollution/waste management Prevention and Management plan,; Integrated Pest management Plan 4 Community health and Safety Health and Safety Plan; Road safety plan; Dam safety Plan; Structure certification; Risk hazard Assessment , and Emergency Preparedness Plan 5 Land acquisition on Land use and Resettlement Plan/Framework Involuntary resettlement 6 Biodiversity Conservation and Biodiversity management Plan , Forest Sustainable Management of management Plan Living Natural Resources 7 Indigenous People/Sub Saharan Indigenous People Plans /Framework, Integrated African Underserved Traditional Community Development Plan Local Communities 8 Cultural Heritage Cultural Heritage Management Plan,; Chance find Procedures 10 Stakeholder Engagement and Stakeholder Engagement Plan/Framework  ESMP: Monitoring Measures The key conditions that will be monitored and their criteria and reason for monitoring such as noise (low frequency, high frequency, and vibrations), dust (particulate matter): air emissions (NO2, SO2, CO, CO2, H2O %, metals, etc.), wastewater (volume, suspended solids, pH, toxic substances, etc.), waste (solid waste and hazardous waste) and odor; The monitoring locations (air emission outlet: particulate matter, CO2, NO2, and SO2; the property boundary: noise, odor, particulate matter, CO2, NO2, SO2 and other relevant substances; outdoor storage areas for raw materials (dust fall from the areas), intervals and duration; The laboratories/institutions that will carry out the monitoring measures The responsible authority The cost of monitoring Actions to be undertaken if the monitoring indicates a noncompliance condition or abnormality; and grievance and complaints received The Monitoring plan should be summarized in the following table:  SUMMARY TABLE FOR MONITORING MEASURES Monitoring measures should be summarized in the following Table Proposed Paramete Location Measurement Frequency of Responsibilit Cost Mitigation rs to be s (incl. Measuremen y (equipmen Measure Monitored Methods & ts t& equipment) individuals ) Pre- Construction Phase Construction Phase Operation & Maintenance Phase De- Commissionin g phase Total Cost for all Phases  Institutional Strengthening Measures. The capacity development section of the ESMP will outline a plan for strengthening capacities of World Bank staff in the Nigeria Country office , Implementing Partner staff, and contractors with direct responsibility for activities relevant to the social and environmental sustainability of the proposed project so that they have the knowledge and skills necessary to perform their work, including current knowledge of the host country’s regulatory requirements and the applicable requirements of environmental and social policies and procedures. Capacity development will also address the methods required to perform the specific actions and measures of the ESMP in a competent and efficient manner. The capacity development plan will have the following components: Identification of capacity needs; Development of a capacity development plan to address defined needs; Monitoring and Evaluation of capacity development plan. The Consultant will summarize the institutional strengthening measures using the following table  CAPACITY DEVELOPMENT AND TRAINING Institutional Positions Schedulin Responsibilitie Cost Strengthening g s Estimate (Institutions,PIUs, contractors, Activity construction supervision consultants) Mitigation Monitoring Training Activity Participants Types of Content Schedulin Cost Training (modules, g Estimate etc.) ESMP Implementation Redesign, Conflict Resolution etc Environmental Processes, Methods & Equipment Environmental Policies & Programs  Public Consultation and Disclosure Procedures The ESMP will be developed in close consultation with project stakeholders and disclosed in draft and final form. The ESMP is to include a section that either (a) provides an overview and link to the project’s Stakeholder Engagement Plan (it may be necessary to update the project SEP with new stakeholder information from the ESIA/ESMP process) or (b) outlines a Stakeholder Engagement Plan to promote meaningful, effective consultations during project implementation The Consultant will be required to: Conduct a stakeholder analysis that outlines the affected and interested parties, explains the methodology for their identification (ideally with a rating system/matrix for how strongly they are impacted or how strong their interest in the project is). In many cases, national or regional legislation also requires some kind of consultative process. It is required to verify these regulations and, if possible, align them with what is required under the World Bank ESS s Provide a consultation plan, informing about o planned consultation events, o information material, o attendance recording o measures for encouraging the participation of women and the elderly. After the consultation event(s), document and update the consultation section with: o Description of the event. o Questions asked and which answers were provided. o Any suggestions for project improvement that were taken into consideration. o Include scanned attendance lists. The Consultant will coordinate with the institution in charge of implementing the operation and with the corresponding local institutions the most appropriate consultation mechanism, taking into account national regulations, the local context and existing social standards for these cases.  Sustainability and Key Measures and Actions for ESCP The Consultant will also assess the sustainability of the proposed Project using applicable sustainability factors in that assessment including but not limited to: policy and coordination;  demand and economic sustainability;  financial sustainability;  institutional and management sustainability;  environmental and sociocultural sustainability;  regulatory and operational sustainability. The Consultant will also summarize key measures and actions and the timeframe required for the project to meet the requirements of the ESSs. This will be used in updating the Environmental and Social Commitment Plan (ESCP) developed prior to appraisal Services by the Borrower/Proponent to the Consultant The Borrower/Proponent is expected to provide the following services to the Consultant: Arrange for visas to Nigeria, travel and resident permits , Facilitation of Communication and Displacement in the Project Location and Associated facilities Organization of meetings with the State officials; Beneficiaries, Stakeholders etc Provision of Office Space Provision of all national documents and previous studies from ministries relate to the Project Provision of the Consultant with the draft project concept and project appraisal document Participation in formal and informal meetings with the Consultant to address any questions or concerns and to provide updates about progress made on the study. Reviewing of inception report, bi- monthly progress reports; screening and scoping reports, draft ESIA, draft ESMP; and provide feedback to the Consultant Provision of the checklists for the review of the ESIA to enable the Consultant to know in advance how the ESIA/ESMP reports will be assessed by the Borrower/Proponent  Management of the Assignment The consultancy will be commissioned by ( FILL IN ) who is the Contracting Authority (CA) for the purpose of the assignment. The Consultants will report directly to the CA for contractual and administrative purposes. The CA will constitute a project core team to provide additional technical advice and inputs, overall coordination and oversight for this assignment. The Consultants will liaise with everyone from the project core team but will ultimately report to CA. Changes in the TORs can be made subject to and only after written mutual agreement between the Consultants and the CA Location: To be defined Duration: 6 months ( or any other duration)  Deliverables and Reporting Requirements by the Consultant An Inception Report to be submitted within two (2) weeks of contract signing that includes a Workplan with timelines for completing the assignment 2. A report detailing the outcome of the Environmental and Social Screening and Scoping Exercise to be produced within 6 weeks of the commencement of the assignment 3. A Draft Environmental and Social Impact Assessment (ESIA) for the Proposed Project within 12 weeks of the Assignment 4. A Draft Environmental and Social Management Plan (ESMP) for the Proposed Project within 15 weeks of the Assignment 5. A Draft Stakeholder Engagement Plan (SEP) for the Proposed Project within 16 weeks of the Assignment 5. A Final Environmental and Social Impact Assessment (ESIA) Report and Environmental and Social Management Plan (ESMP), incorporating suggestions and feedback from the public consultation, the borrows and other stakeholders project core team during the review of the draft within 20 weeks of the Assignment Approval of reports: Reports will be approved by the [specify]; the period for approval of reports will be [X] days, if after this time the Project Manager of the contracting authority does not issue any observations, the report will be considered approved N.B: Dates for the deliverables could be modified according to the nature and type of the Project  QUALIFICATIONS AND KEY EXPERTISE The Contractor could be an international or national or a joint venture between Nigerian and International consulting firms). The Contractor is expected/required to propose a team of Consultants that should ideally comprise the following mix of competencies: 10 years of experience conducting environmental and social impact assessments, environmental analyses of similar projects in developing countries. Experience in conducting at least 2 ESIAs in Nigeria is an asset Track-record of participating in the engineering, execution, operation and/or maintenance aspects of at least 5 similar projects, and experience with conducting prefeasibility and feasibility studies is an asset. Proven expertise and in-depth knowledge of Sector of the Project and climate change policies and practices in the African context Conversance with the ESF procedures and prior experience in preparing a n ESIA on the basis of the ESF would be an asset. Should hold advanced degrees (M.Sc and above) in their respective areas of expertise (social sciences, engineering,, environmental sciences, environmental policy, sustainable development, or oter relevant fields related to the Project Expert I/Team Leader: Masters Degree or equivalent in Environmental and Social Impact Assessment Specialist with expertise preferably in the field of environmental sustainability, environmental science, environmental engineering, eco-system services management, environmental and social sciences or other field relevant to environmental sustainability and climate change. Expertise in ESIA using the World Bank ESF is an asset Specialists: Master degree or Equivalent in the technology , engineering , social science, training and capacity building related to the sector of the Project Proficiency in English. Knowledgeable of national language (s) is an asset  Proposed Technical Evaluation ( subject to modifications) Technical evaluation is 70 points; Financial Evaluation 30 points Description Weighing Technical Criteria ( 70 points total) 1 Technical approach and methodology for ensuring 15 the requirements will be delivered on time and in line with agreed costs 2 Clear and effective work plan financial plan to deliver 10 output based deliverables and key performance measures 3 Conversance with the ESF procedures and prior 5 experience in preparing an ESIA using the ESF would be an asset 4 Proven expertise and in-depth knowledge of the 5 Sector belonging to the Project in the African African context.  Technical Evaluation (ctd) 6 Track-record of participating in the 5 engineering, execution, operation and/or maintenance aspects of at least 5 similar projects, and experience with conducting prefeasibility and feasibility studies is an asset 7 Expert I/Team Leader: at least 10 years of 15 experience conducting environmental impact assessments, environmental analyses at the national, regional and international levels. 8 Other Experts : 10 years demonstrated 10 working experience in the field of the Project including the technology, pollution management; capacity building Total 70 points  Compensation to the Consultant Compensation will be determined in accordance with World Bank policies and procedures outlined in the Financing agreement and the Project Procurement Plan Payment to the Consultant will depend on the type of the contract used by the Borrower In case of a “Best Effort Contract” which is an input- based contract, payment will be made on the basis of the number of persons months using the agreed upon rate in the Contract and invoiced by the Consultant every month and approved by the Contracting Authority In case of a “Fixed Price Contract” which is an output- based contract, payment will be made on the deliverables provided by the Consultant and approved by the Contracting Authority  Appendices to the Contract List of the individuals or organizations that prepared or contributed to the environmental and social assessment. References—setting out the written materials both published and unpublished, that have been used. Record of meetings, consultations and surveys with stakeholders, including those with affected people and other interested parties, The record specifies the means of such stakeholder engagement that were used to obtain the views of affected people and other interested parties. Tables presenting the relevant data referred to or summarized in the main text. List of associated reports or plans.  References The World Bank Environment and Social Framework The African Development Bank, Integrated Safeguard System , Sustaiability Series , Volume 1 UNDP Generic Terms of Reference for Environmental and Social Impact Assessment (ESIA) and Environmental and Social Management Plan (ESMP) Green Climate Fund : Consultancy Services To Conduct of an Environmental and Social Impact Assessment (ESIA) and Preparation of an Environmental and Social Management Plan (ESMP) Contract# 09/2018/GCF/Belize/CCCCC ,February 2018  ANY QUESTIONS THANK YOU FOR YOUR ATTENTION