MEXICO: NATURALDISASTER MANAGEMENT PROJECT Environmental ManagementPlan E-401 Introduction 1. The Mexico Natural Disaster Management Project will provide resources for post-disaster emergency recovery and reconstruction financed by FONDEN and executed either through SCT, CNA, SEMARNAP, SEDESOL, SAGAR, SEP and SS orfideicomisos mixios estatales (FMEs). To be eligible for Bank- financing, works must be initiated within 15 days prior to and 180 days following the declaration of emergency by the Secretary of Interior (SEGOB). The project will also finance policy and institutional reforms aimed at reducing vulnerability of infrastructure and communities to natural events, and capacity building activities to strengthen the capacities of environmental and sectoral implementing agencies to manage environmental issues. 2. Because the emergency recovery and reconstruction subprojects that the project will finance will be defined and carried out after an emergency has occurred, such subprojects are deemed analogous to emergency recovery projects under Bank OP 8.50 for environmental purposes (see OP 4.01, para. 13). 3. For purposes of environmental assessment (EA), the project is classified as category B because no eligible subprojects are expected to have significant adverse environmental impacts. All studies and capacity building activities will be environmental assessment category C. 4. This environmental management plan (EMP) was prepared on the basis of a review of Mexican environmental laws and regulations and extensive consultations with federal environmental authorities and the executing agencies, including initial consultations with local NGOs and executing agencies on proposed environmental assessment procedures, public consultation measures, and actions to protect cultural property under the project. It describes Mexico's environmental regulations and institutional arrangements for EA, especially as they apply to emergency recovery and reconstruction subprojects not normally subject to prior review by the Bank; assesses institutional capacity to carry out EA; and provides a negative list of subprojects that the project will not finance and a positive list of subprojects that it can. This EMP also outlines proposed EA arrangements for each type of subproject financed by the project, describes how cultural property will be treated and how public consultation will occur, sets out the procedures for reporting and Bank supervision and monitoring, and outlines contemplated capacity development activities. Mexican environmental law 5. The Mexican Environmental Law (Ley General del Equilibrio Ecol6gico y la Protecci6n al Ambiente or LGEEPA) was enacted in 1988 and last modified in 1996. It requires an executing agency or responsible party (federal entity, state or municipal government, or contractor) to obtain an environmental permit. This permit may require the responsible party to submit an environmental Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized
Transcript
MEXICO: NATURAL DISASTER MANAGEMENT PROJECT
Environmental Management Plan
E-401Introduction
1. The Mexico Natural Disaster Management Project will provide resources forpost-disaster emergency recovery and reconstruction financed by FONDEN andexecuted either through SCT, CNA, SEMARNAP, SEDESOL, SAGAR, SEPand SS orfideicomisos mixios estatales (FMEs). To be eligible for Bank-financing, works must be initiated within 15 days prior to and 180 daysfollowing the declaration of emergency by the Secretary of Interior (SEGOB).The project will also finance policy and institutional reforms aimed at reducingvulnerability of infrastructure and communities to natural events, and capacitybuilding activities to strengthen the capacities of environmental and sectoralimplementing agencies to manage environmental issues.
2. Because the emergency recovery and reconstruction subprojects that theproject will finance will be defined and carried out after an emergency hasoccurred, such subprojects are deemed analogous to emergency recoveryprojects under Bank OP 8.50 for environmental purposes (see OP 4.01, para.13).
3. For purposes of environmental assessment (EA), the project is classified ascategory B because no eligible subprojects are expected to have significantadverse environmental impacts. All studies and capacity building activities willbe environmental assessment category C.
4. This environmental management plan (EMP) was prepared on the basis of areview of Mexican environmental laws and regulations and extensiveconsultations with federal environmental authorities and the executing agencies,including initial consultations with local NGOs and executing agencies onproposed environmental assessment procedures, public consultation measures,and actions to protect cultural property under the project. It describes Mexico'senvironmental regulations and institutional arrangements for EA, especially asthey apply to emergency recovery and reconstruction subprojects not normallysubject to prior review by the Bank; assesses institutional capacity to carry outEA; and provides a negative list of subprojects that the project will not financeand a positive list of subprojects that it can. This EMP also outlines proposedEA arrangements for each type of subproject financed by the project, describeshow cultural property will be treated and how public consultation will occur,sets out the procedures for reporting and Bank supervision and monitoring, andoutlines contemplated capacity development activities.
Mexican environmental law
5. The Mexican Environmental Law (Ley General del Equilibrio Ecol6gico y laProtecci6n al Ambiente or LGEEPA) was enacted in 1988 and last modified in1996. It requires an executing agency or responsible party (federal entity, stateor municipal government, or contractor) to obtain an environmental permit.This permit may require the responsible party to submit an environmental
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
Pub
lic D
iscl
osur
e A
utho
rized
impact assessment report to the National Ecology Institute (INE) for works andactivities that fall under federal jurisdiction and that may have negativeenvironmental impacts. The law provides for environmental assessmentprocedures which vary by type of works and their environmental impacts. Afull environmental impact assessment "manifeslaci6n de impacto ambiental"(MIA) is required for activities with the most significant environmental impacts.A preventive report (informepreventivo) is required for activities carried outwithin an urban development or ecological zoning plan or as part of anapproved development program, and for activities located in approved industrialparks or for which environmental standards exist. For other activities, such asthose implemented following natural disasters, notification to SEMARNAP isrequired (article 8 of the regulations).
6. The federal environmental law sets minimum standards that state ormunicipal governments must adhere to. The federal law therefore establishesminimum standards for environmental compliance in Mexico. Moreover, evenwhen regulated activities do not fall -xplicitly under federal jurisdiction,SEMARNAP may issue a recommendation for environmental management tothe relevant state or municipal authority (federal law article 5, paragraphXVIII). Thus, all levels of governme nt in Mexico must apply minimumstandards of environmental management.
7. In emergencies, when speed of response is critical, Mexican law permitsexecuting agencies to initiate works without prior consultation withenvironmental authorities. However, within three days of initiating works,executing agencies are required to inform SEMARNAP that works have started,and within twenty days of initiating wvorks they must provide SEMARNAP witha descriptive report on the types of works and associated mitigation andcompensation measures that will be undertaken (article 7 and 8 of regulations).
Mexican environmental regulations and sectoral guidelines
8. Mexico issued new environmental regulations in May 2000 reflectingexperiences gained through environmental impact assessments. The newregulations give greater emphasis to the sound management of natural resources(for example, forests, wild lands and arid zones), refine the types ofenvironmental impacts to be taken into account (for example, significant,synergetic, cumulative and residual risks), provide for the issuance of sectoralguidelines, provide more mechanisms for public consultation, citizenparticipation and complaint, introduce new measures to ensure compliance withenvironmental regulations (for example, liability insurance), simplifyenvironmental assessment procedures, and include specific guidance onenvironmental permitting requiremenis in emergency situations.
9. In accordance with the new environmental regulations, eleven sectoralguidelines for environmental assessment have been released for public commentand are expected to be enacted soon (xeferencewww.ine.gob.mx/dgoeia/impacto/guias.html). They provide details oninformation required for informe preventivos and MLAs, including datarequirements, applicable regulations, types of impacts to be considered and thelike. Once they are enacted, the guidelines should help improve the quality of
environmental impact assessments. The eleven guidelines cover the followingsectors:
Energy (electricity generation, transmission and transportation):Hydro, thermo and geoelectricWind and nuclear energySubstations and transmission lines
Fishing and aquaculture:Seeding and repopulation of water bodiesProduction units at water bodiesFarms, labs and seed production centers
Water works:Treatment, potable water, and desalting plantsWater infrastructure
Tourism:Hotels, condominiums, marinas, decksBeach restoration, ecotourismMaritime and river worksRestaurants and the likeWildlife exhibition centers, golf courses
Agriculture and cattle raising:All crops and cattle raising activities that will result in land use change of
forest soilCattle raising infrastructure
Industry:Production infrastructureRisk activities and installationsAccess infrastructure
Petroleum:Marine infrastructure and activitiesLand infrastructure and seismological activitiesDucts, warehouses, refining, petrochemical and other related industrial plants
Forestry:Access roadsProduction, warehouses, sanitary installations and campsWater treatment plants
Roads and other communication infrastructure:Roads and motorwaysRail and ports infrastructure
Airports and heliports
Hazardous waste:Infrastructure constructionReception and transfer centersStorage of explosives
Provision for protected areas under Mexican law
10. Works carried out in federa.l protected areas require SEMARNAP'sprior review regarding environmental impacts and authorization to proceed.Management plans are one of the principal instruments for managing works inthese areas. Presently 21 out of 127 federal protected areas have managementplans. In protected areas where management plans exist, federal environmentalprocedures require preparation of infrormes preventivos before works can beundertaken. Activities that are exerr pt from environmental assessmentrequirements include production for one's own consumption and domestic useby settled communities, and activities necessary for conservation, maintenanceand enforcement. (article 5 S, regulations).
Provisions for cultural property
11. Mexico has a rich cultural heritage and archeological, artistic andhistoric sites are distributed widely throughout the country. Natural disastersand subsequent reconstruction work may therefore uncover buried culturalproperty, requiring the use of "chance find" procedures to ensure that qualifiedpersonnel make decisions on the management of sites and materials. Naturaldisasters may also damage cultural property (separate earthquakes strikingOaxaca and Puebla in 1999 damaged important archeological sites and colonialbuildings), which requires properly planned and supervised stabilization orrestoration measures.
12. Cultural property is highly v'alued in Mexico, and protected by nationallaw, institutions and practices. The federal law on archeological, artistic andhistoric monuments and sites defines archeological, artistic and historic property(articles 27 and 28) and specifies the authority and responsibilities of culturalheritage agencies when sites or materials of cultural significance are discoveredduring construction.
13. The law grants responsibility to the National Institute of Anthropologyand History (INAH) for archeological and historic property, and to the NationalCouncil of Fine Arts and Culture and the National Institute of Fine Arts andLiterature for artistic property. INAH1 and the National Institute of Fine Artsand Literature both fall under the Ministry of Public Education. INAH hasoffices in every state, and has over 400 researchers devoted to rescue activities.
14. The law requires any party finding cultural property to report thediscovery to a local civil authority, which in turn must report the find to INAHwithin 24 hours. The law further establishes INAH as the sole entity authorizedto excavate and research discoveries of cultural property (article 30), andempowers INAH to suspend any works or activities carried out byunnauthorized persons (article 32). [NAH may also impose fines and even
cause violators to be placed in preventive detention. Mexico's existing legaland regulatory framework is therefore consistent with the Bank's guidance oncultural heritage.
15. The project will support FONDEN's programs to restore culturalproperty damaged by natural disasters. Moreover, SEMARNAP would beencouraged to help strengthen the synergies between measures to protect theenvironment and those to protect cultural heritage by incorporating Mexican lawand regulations covering cultural property in the guidelines that it will developfor handling environmental issues during emergencies (paragraph 48).
Public consultation
16. The environmental law is based on the assumption that the federalgovernment will share responsibility with civil society in the planning,execution, evaluation and enforcement of environmental and natural resourcepolicies. The new regulations for environmental assessment emphasize thelaw's provisions related to public participation and the right to information.They require that a list of all permit requests be published and that INE'sanalysis of MIAs be made publicly available. The law also gives rights to anymember of the public to request public consultations on projects for which aMIA is submitted to SEMARNAP.
17. Once a project's sponsor submits an environmental impact assessment(informe preventivo or manifestaci6n de impacto ambiental) and all the requiredinformation to INE, a notification of the action is published in the officialecological newsletter (Gaceta Ecol6gica, article 31 of the environmental lawand article 37 of the regulations).
18. The project's sponsor submits a copy of the MIA to INE for publicconsultation, containing all the information originally included in the report,plus any additional information requested by INE. The project's sponsor mustdisclose all information that is not protected by intellectual or commercialrights.
19. Any member of the public may obtain a copy of the MIA. If INE oranother interested party regards information excluded from the report asrelevant for public consultation, INE will ask the sponsor to justify its claimregarding intellectual or commercial rights or else to include the information inthe copy of the report. INE has established an information center where peoplecan obtain information on the environmental aspects of projects, in accordancewith article 5, paragraph XVII of the environmental law. Any person or entitywho believes that the works or activities underway, covered by a MIA, exceedthe limits or conditions allowed for under the law or the environmental technicalnorms (normas tecnicas ecol6gicas) is entitled to ask for a public consultation.
20. INE will evaluate the environmental impact assessment and willrespond in no more than 30 working days. In the meantime, INE can demand
the suspension or closure of the activities or works when there is a risk of
environmental damage or risk to public health. However, public consultation isat lINE's discretion, and therefore is not mandatory for all investments.
Institutional arrangements and capacity to implement environmentalprotection procedures
21. SEMARNAP consists of a series of subministries (such as Planning,Natural Resources and Fisheries) and a series of autonomous agencies (such asINE, PROFEPA, CNA, the National Fisheries Institute and the MexicanInstitute of Water Technology). For environmental impact assessments,SEMARNAP evaluates environmental impacts of proposed activities; issuesauthorizations; formulates, publishe; and disseminates guidelines for thepresentation of the diverse environrrental assessment documents required by theregulations; conducts public consultations and hearings as required; andsupervises and enforces the regulations and corresponding resolutions.SEMARNAP has over 30,000 staff, sixty percent of whom are based in statedelegations.
22. INE is responsible for reviewing environmental impact assessmentsand issuing permits for activities falling under federal jurisdiction. INE is anautonomous agency attached to SEMARNAP. It has about 1,500 staff, of whichabout 200 are assigned to state delegations. Many of these staff are university-trained professionals. INE formulates, publishes and disseminates guidelinesfor the presentation of various environmental assessment documents. fNE hasanalyzed informes preventivos and inanifestaciones for 6,978 projects between1990 and April 2000. About 96 percent of them were preventive reports andenvironmental impact assessments ot'the then "general" type. About 73 percentwere approved, but only I percent without conditions. All the "specific" MIA'swere conditioned by the permit process, and 83 percent were rejected in the firstinstance. During 1999, INE subjected about 1,050 projects to environmentalassessment. By June 2000 NE had subjected 700 new projects toenvironmental assessment. Many of the projects were in forestry, roads,communications and water works, sectors often affected by natural disasters.
23. PROFEPA is responsible for overseeing and enforcing Mexicanenvironmental law and its regulations. PROFEPA has about 3,100 staff, ofwhich about 1,500 are based in its state delegations. Through its state offices itcarries out site inspections and penalizes the project sponsors in accordancewith the law. The percentage of serious violations that were sanctioneddeclined from 26 percent in 1992 (when PROFEPA was established), to 2.1percent in 1995 and to 1.6 percent in 1998. This may be interpreted as evidenceof increasing compliance with environmental regulations in Mexico.
24. SEMARNAP, INE and PRCFEPA have central offices in-Mexico Cityas well as state level offices. During the past few years, as part of thedecentralization process, government has been delegating increasingresponsibilities to state offices, which are developing capacity to carry them out.Recently, it was decided to decentralize all activities related to environmentalimpact assessments to regional offices, while retaining regulatory functions inthe central office. Many professional staff will move from the central toregional offices in correspondence with the shift in responsibilities. A trainingworkshop to disseminate the new env[ronmental regulations and sectoralguidelines was recently held for regional staff from SEMARNAP and state and
local government officials from 20 states. Funding for five additional trainingprograms (with 100 participants each) has been included in the 2001 budget.
25. SEMARNAP has adequate capacity to ensure that executing agencies
comply with Mexico's federal environmental laws and regulations. It has many
years of experience and a large professional staff working in diverse aspects ofenvironmental management. Reinforcing this view, an ongoing Bank OEDstudy finds that SEMARNAP's environmental review and enforcement processis generally operating satisfactorily (its agencies have benefited fromconsiderable Bank technical assistance through the Mexico EnvironmentalManagement Project, Northern Border Environment Project, and WaterResources Management Project). The study points out that the Bank's annualreviews of Mexican environmental assessment have found a steady increase in
their quality and effectiveness.
Capacity assessment of implementing agencies for environmentalmanagement
26. The types of works most likely to be damaged in natural disastersinclude roads and bridges, water works, community infrastructure, and farminfrastructure. During project preparation, the Task Team assessed the capacityand historical record of the various federal implementing agencies likely to be
involved with reconstructing works (directly or subcontracted) damaged througha natural disaster. 'I
27. For SCT, works typically include repair of roads and repair and
replacement of bridges following original alignments. Generally, SCTincorporated improved design standards in the new works to improve theirsafety (for example, for road drainage and bridges). For CNA, works typicallyinvolved restoring potable water services, repairing sewage disposal facilities,and repairing and improving flood control infrastructure and canals. In general,
SEDESOL coordinates and finances housing reconstruction, rather thanconstructing housing itself. Typically, it finances self-construction housing kits,
or arranges for construction of housing estates in collaboration with state andmunicipal authorities. SEDESOL's primary role is to identify beneficiaries and
ensure their participation in all pertinent decisions, and to assure that newhousing sites are suitable and safe. SAGAR, working through FIRCO and local
authorities, focuses on developing small watering points and other nonfarminfrastructure to combat effects of drought, frost and floods. SAGAR alsoinforms farmers and promotes the use of species that are resistant to adverseweather conditions. SEMARNAP focuses on sustainable natural resourcemanagement. In collaboration with other federal, state and local entities, it actsto prevent and fight forest fires. It also helps restore forests and protected areas
that have been damaged by natural disasters, removing debris, planting trees andtaking other restorative measures. SEP oversees and finances the repair andreconstruction of public educational institutions by local authorities, with theintention of restoring the quality of educational services. Through the National
Institute of Anthropology and History (INAH) and the National Institute of Fine
Arts and Literature (INBA), it also finances repair and reconstruction of culturalmonuments. Finally, SSA, which does not execute works itself, contracts and
oversees reconstruction of health infrastructure, including clinics and publichospitals. It also monitors the state of public health in stricken areas.
28. Clearly, the complexity of the environmental issues to be addressedvaries greatly. Thus, CNA and SC1 generally deal with more complexenvironmental issues than the other implementing agencies because they dealwith larger and more complex strucmures. In fact, the environmentalmanagement capacity of the various agencies corresponds closely with theirdirect environmental responsibilities, and the agencies have adequate capacity toensure environmental compliance. Both CNA and SCT have dedicatedenvironmental units (dealing with environmental impacts both under normal anddisaster conditions), while other agencies rely upon more general technical staffor outsourcing for environmental expertise. In all cases, the executing agencystaff are aware of the requirements cf the environmental law and theirobligations to comply with environmental regulations. They are also keen toreceive additional training and information concerning environmental issuesrelated to disaster episodes. Local althorities responsible for disastermanagement express similar views.
29. The vast majority of reconstruction activities following naturaldisasters involves restoration of small infrastructure at its original site, whichcause minor environmental impacts and are not controversial (similar toenvironmental category C). Occasionally, it is decided to expand capacity (forexample, water treatment), relocate infrastructure (either to improve itsresilience or to provide community services such as houses, schools andclinics), or undertake work in protecled areas. These activities may affect theenvironment (similar to category B). The negative list below excludes categoryA activities for financing under the project.
Environmental assessment procedures for subprojects financed by theBank
Negative list
30. The project will not finance any subproject which will be classified ascategory A under the Bank's EA policy, or subprojects which are implementedin violation of Mexico's environmental laws and environmental impactassessment procedures, or Mexico's laws on treatment of cultural heritage.Specifically, subprojects involving the, following activities will be excludedfrom financing:
Dam construction, reconstruction, rehabilitation or strengthening.
Activities affecting natural protected areas recognized by federal, state ormunicipal governments (or buffer zones thereof), other than as required tomitigate damage caused by a natural disaster.
Land reclamation (such as drainage of wetlands or filling of water bodies tocreate land).
Land clearance and leveling (when affecting critical natural habitats andnatural land contours, natural habitats for this purpose being those water orland areas where most of the original plant and animal species are stillpresent), except for clearing of debris resulting from an emergency. (For
more details on critical natural habitats, Bank Operating Policy (OP) 4.04
can be consulted at www.worldbank.org).
Hazardous waste management and disposal as well as manufacture,transport and use of pesticides and other hazardous and/or toxic materials(except small amounts of solvents, degreasing materials, paints, fuels, and
the like used during construction).
River training (such as realignment, contraction or deepening of an existingriver channel, or excavation of a new river channel).
Activities involving industrial plants (large-scale) and industrial estates.
New road construction or major upgrading or realignment of roads ("major"means changing the road category, such as from seasonal to all-weather orsecondary to primary; adding new lanes; or changing road surface).
New irrigation, drainage and flood control works.
(a) Activities which, when being carried out, will affect, or involve the use
of, water of rivers or of other bodies of water (or their tributaries) whichflow through or are bordered by countries other than Mexico, in such amanner as to in any way adversely change the quality or quantity of waterflowing to or bordering said countries; and (b) activities involving theinstallation or construction of facilities which, when operated after theirconstruction or installation, will affect, or involve the use of, water of riversor of other bodies of water (or their tributaries) which flow through or are
bordered by countries other than Mexico, in such a manner as to in any wayadversely change the quality or quantity of water flowing to or borderingsaid countries (unless such bordering countries have formally expressed in
writing to the Bank and to the Guarantor their no-objection to the activitiesreferred to in (a) or (b) herein).
Activities relating to forestry production.
Development of new, or expansion of existing, ports and harbors.
Aquaculture and mariculture activities.
River basin development activities.
Development of new, or expansion of existing, thermal power andhydropower facilities.
Positive list
31. Subprojects for the following activities will be eligible for financingunder the project:
Repair or reconstruction of streets, roads, bridges, ports or harbors damaged
by the natural disaster in question.
Re-establishment of telecommunications infrastructure damaged by thenatural disaster in question.
Re-establishment of urban or nLral solid waste, water supply and sanitation(including urban drainage) infrastructure damaged by the natural disaster inquestion.
Repair, re-equipment, reconstruction or construction of homes, schools,clinics, hospitals or other comm.unity structures following a natural disaster.
Repair of works of cultural significance damaged by the natural disaster.
Removal and disposal of debris resulting from the natural disaster inquestion (but only if such removal and disposal is not an end in itself butconstitutes an integral part of an infrastructure repair, reconstruction or re-establishment activity included .n the project).
Restoration of the productive assets, danaged by the natural disaster, ofuninsured low-income producenr.
Replacement, with similar speci -s, of vegetation destroyed by the naturaldisaster.
Restoration and mitigation activ ties in response to damage caused by anatural disaster to federal, state, or municipal natural protected areas or theirbuffer zones.
Policy and institutional developrient activities related to reduction of risksarising from natural forces and institutional capacity development.
Environmental review procedures
32. Because of the need for rapid response following a natural disaster,FONDEN-financed subprojects initiated within a pcriod extending from 15 daysprior to and 180 days following the declaration of an emergency by SEGOB areexempt from the requirements of the Bank's OP 4.01 regarding (a) ex-anteenvironmental screening and Bank prior review, and (b) ex-ante publicconsultation. They are subject to the normal environmental review and publicconsultation procedures prescribed by, the competent authorities (at federal, stateor local levels) under Mexican law.
33. The exemption from Bank prior review cited in paragraph 32 does notapply to subprojects that take place in protected areas which lack officialmanagement plans, or where major works, major re-siting, or significantcapacity expansion is contemplated (paragraph 36).
34. All prevention studies and capacity building will be Bankenvironmental assessment category C activities. They are not subject to anyspecial environmental review or reporting requirements.
35. Evidence for the adequate application of these procedures will berequired by the Bank through selected prior review (paragraph 36) and ex-post
monitoring and supervision (paragraphs 41-46).
Prior review requirements
36. All subprojects meeting the following criteria will be subject to prior
review by the Bank:
Works subprojects costing more than US$3.0 million
Activities to mitigate natural disaster damage in a protected area (and buffer
zones) included in the federal, state or municipal system of protected areasfor which an official management plan has not been issued, unless the
activity is specifically exempted from permitting requirements under federal
environmental regulations.
Costing more than US$2.0 million, and involving reestablishment orreconstruction of infrastructure at a site different from the site originally
occupied by the infrastructure before it was damaged by the natural disaster
in question.
Costing more than US$1.0 million, and involving repair, reestablishment orreconstruction of infrastructure in such a way that the resultinginfrastructure will have a production output capacity greater than 10 percent(such as in the case of a water treatment plant, using a measurement of
treated water volume per unit of time), and/or a service capacity greater than
10 percent (such as in the case of a school or clinic, using as measurementthe number of classrooms or beds) than the original infrastructure.
Reporting
37. On a monthly basis BANOBRAS will inform SEMARNAP andcompetent state environmental authorities of all FONDEN-financed activities
supported by the loan for which contracts have been awarded.
38. SEMARNAP and state environmental authorities will designatespecific staff to liaise with BANOBRAS concerning information on FONDEN-
financed activities.
39. SEMARNAP will disclose through its electronic media theenvironmental information for FONDEN-financed activities drawn from the"under 20 day after work initiation" reports and such other relevantenvironmental reports filed by executing agencies in compliance withenvironmental regulations.
40. SEMARNAP will produce and give the Bank through BANOBRAS an
annual report while the project is under implementation, showing as a minimum
on a state and national basis. (a) number of reconstruction subprojects that were
reported under Article 8 of the regulations; with sectoral breakdown, (b) number
of subprojects for which an informe preventivo was prepared or a MIA was
carried out, with a breakdown by sector and by the type of study (in forme
preventivo, specific or regional MIA); (c) percentage rejected or withdrawn onenvironmental grounds with sectoral breakdown; (d) results of PROFEPA'ssupervision and control activities, including the number by sector of subprojectsvisited, and the degree of compliance (fines, closures, etc.) under existingenvironmental regulations and standards, including Article 8 of the Reglamento;(e) results from public disclosure, including number and sectoral breakdown,those with public comments, those :ubject to public hearings, resultingadditional environmental measures, etc. The report will also includeinformation on positive environmertal impacts of the project, including use ofimproved construction and other risk avoidance practices, better land use,reforestation and revegetation and similar measures following a disaster toreduce vulnerability to natural evenims. Finally, the report will evaluate theextent to which emergencies in Mexico are precipitated or exacerbated byinappropriate environmental practices and propose remediation measures to beundertaken.
Monitoring and supervision
41. As a continuation to pre-Board consultations with interested andaffected parties, a workshop will rev iew this EMP with executing agencies andother stakeholders. These will include representatives from the executingagencies, the various state fideicomisos, and local NGOs. This EMP will alsobe placed in Spanish on the Bank's Mexico Website.
42. Two routine supervision missions will be planned each year, in thespring and fall. Each mission will focus on (a) FONDEN performance, (b) INEand PROFEPA performance in applving the environmental assessmentprocedures, (c) executing agencies' performance in addressing environmentalissues in design and implementation of subprojects, (d) progress with preventionand capacity building activities; (e) procurement and financial managementissues; and (f) environmental and social impacts of subprojects, bothindividually and cumulatively, and the adequacy of safeguard procedures agreedfor the project. Mission members will be drawn from Mexican or Washington-based Bank staff or consultants with appropriate skills. Since the Mexico fieldoffice has procurement and financial management specialists on its staff, theseissues will be dealt with on an ongoing basis, leaving only special issues to beaddressed during supervision missions. Specialists will visit selected sites ofsubprojects to assess the environmental and social impacts of subprojects andthe adequacy of safeguard procedures agreed for the project. They will alsoevaluate the extent to which the emergency was precipitated or exacerbated byinappropriate environmental practices and propose remediation measures to beincluded in the project.
43. Climatological disasters normally occur seasonally, with floods andhurricanes occurring during July-December, and droughts and forest firesoccurring during January-June. Therefore, the skill mix of environmental fieldstaff will vary depending on the season. The fall supervision mission will focuson response to fires and droughts, and general institutional performance inapplying this EMP under the project. The spring mission will focus on responseto floods and hurricanes, and budgetary issues for the forthcoming Mexicanfiscal year. Effects of episodic geological events (major earthquake or volcaniceruption) will be reviewed in the fielcl as needed.
44. The midterm review will consider especially (a) any changes whichshould be introduced into the project's EMP or resettlement framework to bettermitigate emergencies arising from inappropriate environmental practices andapply the Bank's safeguard policies during project execution, (b) ways tomodify the EMP's prior review triggers to reflect the magnitude of theanticipated environmental and social impacts from the proposed interventions,rather than to reflect size alone; and (c) the adequacy of the eligibility periodused to define expenditures to be in included under the project (paragraph 1).
46. The implementation completion report will, among other aspects,evaluate the effectiveness of executing agencies in addressing environmentaland social issues, and draw lessons for improvements in design andimplementation of similar projects. It will also include an analysis of theadequacy of the instruments used to apply Bank safeguard policies duringproject execution.
Capacity development
47. While SEMARNAP and its agencies have adequate staff and capacity,continuing efforts will be needed to build the environmental assessment reviewand enforcement capacity of the state offices,of INE and PROFEPA, to ensurethey can carry out their new responsibilities. SEMARNAP's seniormanagement has named natural disaster prevention and mitigation a highpriority for the Ministry, and has committed to provide up to US$1.5 million peryear of additional resources to meet this objective and ensure that Bank-financed subprojects are implemented in compliance with Mexicanenvironmental law and its regulations. It will obtain these resources either byreallocating SEMARNAP resources or from SHCP as part of its budgets for2001 and subsequent years. Moreover, SEMARNAP has expressed interest inbenefiting from the capacity building component of the project. It has alreadyrequested assistance to develop risk maps showing areas of forest fire risk. Ithas also indicated a need for additional computer equipment for use by itsenvironmental assessment staff in state offices, and field equipment for use byits forestry and fisheries inspectorates. It is expected that SEMARNAP willdefine other needs to deal with the special environmental issues associated withdisaster management, especially with risk mapping. Mapping initiatives will befacilitated by ongoing actions to conform SEDESOL's land use zoning programwith SEMARNAP's ecological zoning program, thereby providing a better basisfor environmental assessment and siting decisions for structures.
48. The possibility of developing a special guide outlining procedures forhandling environmental and social issues arising from natural disasters anddefining works to be subject to hazard and impact assessment and related
procedures is under consideration. This guide will also specify procedures to befollowed for "chance find" cultural property. Training courses associated withthis guide will include the agencies that participate at the technical committeesof the various fideicomisos that manage FONDEN resources in all states of the
country.
APPENDIX 1
Table 1: Environmental screening: Objectives and actions
Objective: Objective:Ensure that the project will not have negative environmental Ensure that the conditions of environmentalimpacts permit are met by the executing agency
Whiat wiii be done? What will be done?- Review environmental impacts submissions - Monitor implementation of permit conditions,- Identifv mitigation measures, if any, to be undertaken during including mitigation measures, during subprojectconstruction execution- Issue environmental permit with or without conditions, orreject submission
Who is responsible?[NE staff in state and central offices Who is responsible?
PROFEPA
APPENDIX 2
Table 1. Public complaints processed by PROFEPA during 1999.
Affected resource Total complaints PercentForest 1559 29Air 948 17Flora 758 14Fauna 717 13Water 332 6Fishing 169 3Maritime-terrestrial federal Zone 128 2Ecological ordering 90 2Environmental Impact 87 2TOTAL 5,425 100
