China - Yangzhou Thermal Power Project : environmental assessment report (Vol. 4 of 4)

THE PEOPLE'S REPUBLIC OF CHINA 500KV YANCHENG-HUAIYIN TRANSMISSION PROJECT RESETTLEMENT ACTION PLAN E- 13/ VoL. / JIANGSU PROVINCIAL POWER COMPANY OCTOBER 1997  TABLE OF CONTENTS 1. P J E '' T BACK __-1GROUND -----------------------------1 2. PROJECT IMPACT ------------------------------------------------------ 10 3. LEGAL FRAMEWORK -------------------------------------------------- 14 4. COMPENSATION COST ESTIMATE AND BUDGET ------------- 32 5. RESETTLEMENT AND REHABILITATION IMPLEMENTATION PLAN --------------------------------------------------------------------- 38 6. INSTITUTIONAL ORGANIZATION ---------------------------------- 52 7. PARTICIPATION AND CONSULTATION ------------------------- 60 8. GRIEVANCE AND APPEALS ---------------------------------- 63 9. MONITORING ----------------------------- ----------------------- 64 10. REPORTING ------------------------------------------------------- 70 11. ENTITLEMENT MATRIX ------------------------------------------ 72  LIST OF ANNEXES Annex 1 Affected Villages Annex 2 Social and Economic Information of Affected Counties Annexc 3.1 Distribution of Permanent Land Acquisition Annex 3.2 Social and Economic Information of Affected Villages Annex 3.3 Social and Economic Situation of Affected Townships Annex 3.4 Distribution of Affected Enterprises Annex 4.1 Distribution of Affected Housing Annex 4.2 Distribution of Attached Structures To Be Demolished Annex 5 Distribution Of PAPs for House Acquisition Annex 6 P-APs' Information Booklet Annex 7 Outline of Monitoring on 500KV Yangcheng--Huaiyin Transmission Project Annex 8 Brief Introduction to Monitoring and Evaluation Institution and Its Staff  ha: hectare 1 ha= 15 mu M': square meter 1 mu = 667 MI km: kilometer 1 kmr= 1000 M RMB: Ren Min Bi I $ = 8.2--8.3 RMB SPC: The State Planning Commission GPPDI: General Power Planning and Design Institute PRO: Project Resettlement Office PPRO: Provincial Project Resettlement Office CLMB: County Land Management Bureau RAP: Resettlement Action Plan PAP: Project Affected Person NRCR: National Research Centre for Resettlement  500KV Yancheng-Huaiyin Transmission Project RESETTLEMENT ACTION PLAN Definition of Resettlement Terminology Definition of PAPs: In this RAP, PAPs are defined as those persons whose incomes, living standards or entitlements are or will be adversely affected by the project. PAPs include the following categories: (I)Persons who are affected by land acquisition, that is, those persons whose land holdings are or will be decreasing (2)Persons who are affected by house acquisition (including due to the acquired land for relocation) (3)Persons who are affected by public structure acquisition. The definition of the PAPs is linked directly to the adverse effect of the project, regardless of legal rights title or interest.  1. PROJECT BACKGROUND A) Brief Description of the Project and Its Main Purpose Jiangsu Province is well developed in economy, and meanwhile, the contradictions between power supply and demand in the region become more acute. Shanxi Province is one of the major energy resource bases of China whose coal reserves are plentiful. But its transportation capacity is very limited. The project will transmit power from Yangcheng Power Plant (Shanxi) to Jiangsu Province, instead of transporting coal. This will make up for the power shortage in Jiangsu Province, while actuating the development of coal resources in Shanxi and easing off the pressure of coal transportation. The project will be good for the development of both Jiangsu Province and Shanxi Province. The length of the transmission line is 770.6KM. The route of the line is from the substation of Yangcheng Power Plant in Shanxi Province to Huaiyin substation in Jiangsu Province. The project consists of the sub-projects as follows. * Three 500KV circuits from Yangcheng Power Plant to Dongming Switch Station, * The Yellow River crossing, * Two 500KV circuits from Dongming Switch Station to Sanpu Switch Station, * A 500KV circuit from Sanpu Switch Station to Renzhuang Substation * Two 500KV circuits from Sanpu Switch Station to Huaiyin Substation, * Two 500KV switch stations (Dongming Switch Station in Shandong Province and Sanpu Switch Station in Xuzhou, Jiangsu Province) * Two substations extension projects (Renzhuang Substation and Huaiyin Substation). Renzhuang Substation has operated for years. Huaiyin Substation is an auxiliary project of Yangzhou No.2 Power Plant that is financed by World Bank. There will be 2397 transmission towers in the project. The line is planned to end at the entrance of Huaiyin Substation, via Yangcheng I  County, Zezhou County in Shanxi Province, Xiuwu County, Huixian County, Beizhan County of Xinxiang Municipality, Weihui County, Yanjin County, Hua County, Changyuan County in Henan Province, the Yellow River, Dongming County, Heze County, Dingtao County, Cao County, Chengwu County, Shan County in Shandong Province, Xiao County, Lingbi County in Anhui Province, Feng County, Tongshan County, Suining County, Suyu County, Sihong County, Siyang County, Huaiyin County, Qingpu County of Huaiyin Municipality, Huaian County in Jiangsu Province. The dynamic investment of the project is 5.02 billion RMB. The project is planned to start in January 1998 and to be put into use in February 2000. B) Areas Affected and Served by the Project When the project is put into operation and transmits power to Jiangsu Province, it will ease the power shortage of Jiangsu Province. After the completion of the project, it will lighten the transportation pressure of coal so as to promote the development of coal resources and the economy of Shanxi Province. The project affects directly 27 villages of two counties(cities) in Shanxi Province, 98 villages of seven counties(cities) in Henan Province, 142 villages of six counties(cities) in Shandong Province, 18 villages of two counties(cities) in Anhui Province and 279 villages of nine counties(cities) in Jiangsu Province. The administrative regions affected by the project are listed in Annex 1. C) Social and Economic Background of the Project Area 26 counties in five provinces involve in the project. By the end of 1996, the gross population of these 26 counties was 21.39 million and the agriculture population was 18.38 million. The counties achieved an industrial and agricultural output value of 129.79 billion RMB in 1996. The industrial and agricultural output value per capita was 6713 RMB. Six of these counties have achieved their industrial and agricultural output value per capita over 10,000 RMB. These counties had 9.42653 million rural laborers and a gross cultivated land of 1802120.3ha. The 2  cultivated area per capita was 0.08ha, and in rural area it was 0.O9ha. The cultivated land per rural laborer was 0.19ha. The net income one farmer was 1876 RMB, and in 12 of these counties it was over 2,000 RMB. Socia1 and economic background of these counties is listed in Annex 2. Since launching of reform and opening policies ,the economy in Jiangsu Province has been rapidly developed. The annual growth of GDP (gross domestic product) and the industrial and agricultural output value are kept in high growth. The high growth of economy raises a high growth of electric requirement. Therefore, the project will serve this area greatly. D) Measures Taken to Minimize Resettlement 1) Minimize the Scope of Land Acquisition The needed width of corridor of each circuit is 65M. The transmission line with two or three two or circuits will affect seriously the demolition scale and the environment nearby. In the preliminary design period, the project used long-distance double circuits with one tower so as to minimize the number of the acquired lands and the demolished houses. 2) Minimize the Scope of Demolition and House Demolition Area In order to minimize the demolition area as much as possible, in the process of the final selection of the line, some changes have been made on the sites of some towers to avoid some villages with large population and some important structures. For example, the project avoided to acquire the residence lands of the villagers in Xiaogou Village, Beiliu Township, Yangcheng County and Zhongzhifang Village, Wuqiu Township, Changhuan County, and also avoided to resettle the primary school of Zhongzhifang Village. The towers are heightened to alleviate impacts on the important infrastructures. These measures minimized the demolition area. In final the demolition area of the project is reduced from 83,823 square meters to 28,798 square meters. 3) Minimize the Impacts on Cultivated Lands 3  In the process of final selection of the line, some changes have been made on the route of the line. Towers are placed in uncultivated land as possible, avoiding orchards and some high output farm lands. Some tower's are self-supported towers. The project uses double circuits with, one tower in 464.4KM long (60% of the whole length). Although the cost of the project itself has risen great ly, it gains the supports of the communities along the line. E) Technical and Economic Feasibilitv Study Some documents were issued approve the project. They are listed as follows. (I) Document JNY( 1993) No.311 "Reply to the Proposal of Yangcheng-Huaiyin Transmission Project " issued by The State Planning Co6nmission(SPC); (2) Document DDG( 1997) No.481 "Reply to the Preliminary Design of 500KV Yangcheng--Huaiyin Transmission Project " issued by The Ministry of Power; (3) Docunent DDG(1997) No.520 "Reply to the Preliminary Design of Dongmig Switch Station and Sanpu Switch Station Construction Sub-project of Yangcheng-Huaiyin Transmission Project" issued by the Ministry of ower; (4) Docdment DDG(1997) No.350 "Reply to the Preliminary Design of SOOKV Huaiyin Substation (Jiangsu) Extension Project" issued by Th Ministry of Power. F) The Design of the Project Docuhient No. 1213 "Report of the Designing Tasks of 500KV Yangcheng- Huaiyin Transmission Project" issued by Jiangsu Provincial Power Bureau in 1994, commits East China Electric Power Designing Ihstitute(ECEPDI), which belongs to the Ministry of Power, to the over-Al designing work of the project. Shanxi Provincial Electric Power Design Institute(SXEPDI), Henan Provincial Electric Power Design Instiute(HINEPDI), Shandong Provincial Electric Power Design Institute(SDEPDI) and Jiangsu Provincial Electric Power Design Institute(JSEPDI) take the detail designing work of the project. 4  The report of "The Optimal Design of Yangcheng--Huaiyin Transmission Project " passed the appraisal organized by General Power Planning and Design Institute (GPPDI) of the Ministry of Power in August, 1994. The institutes above made the preliminary exploration of the route and collected information on geo-hydrologic conditions in August 1995. They also consulted with the local governments and concerned departments along the line. Planning Bureaus of the counties, municipalities and provinces along the line had all agreed the route of the transmission line bv Dec., 1995. In December 1996, ECEPDI posted the report of "The Preliminary Design of 500KV Yangcheng--Huaiyin Transmission Project". From March to May 1997, ECEPDI laid out the route of the line and did surveys on the acquisition loss in kind. Some changes had been made on the route. The report of "The Preliminary Design of Yangchena--Huaiyin Transmission Project" and the general estimate report of the project passed the appraisal organized by the Ministry of Power in August, 1997. G) The Ownership and Organizations Yangcheng Power Plant (Shanxi) Transmission Project got a loan of 76% of the gross investment from National Development Bank of China and China Construction Bank. Jiangsu Provincial Power Company. and Jiangsu Provincial Energy and Transportation Investment Corp. have respectively invested 4% and 20% of the project. National Power Communication and Dispatch Center will take charge of management after the project is put into use. Jiangsu Provincial Power Company. is the temporary project owner. It is in charge of the construction, implementation, principal repayment and interests payment.  The Project Preparatory Office for Yangcheng--Huaiyin Transmission Project (PPO), who belongs to Jiangsu Provincial Power Company, takes the responsibility of the project construction. It sets up Engineering Department and Resettlement Office(RO), which are responsible for the leading of the construction and the resettlement in land acquisition. H) The Census(Social-economical Survey) 1) Schedule and Institutions The census was carried out in two steps: Firstly, the base-line investigations for the land and house acquisition in the project area were carried out from August, 1995 to October, 1995 and from March, 1997 to May, 1997 separately, by the staffs from East-China Electric Power Design Institute(ECEPDI), SXEPDI, HNEPDI, SDEPDI, JSEPDI, PPO, the relevant counties and townships and some villagers along the line. The tasks included the census to the acquisition house, various kinds of auxiliary facilities, trees along the line. Secondly, social survey from August to September 1997 was organized by the Project Resettlement Office(PRO), together with Xuzhou Municipal Power Bureau, Tongshan County Power Supply Bureau, Huaiyin Municipal Power Supply Bureau, and relevant townships along the line. The survey included the investigation on social-economic conditions, and wiliness of PAPs, etc. The PRO and National Research Centre for Resettlement (NRCR) collected and analyzed the survey data.. 2) Survey Methodology As for the census of the houses and auxiliary facilities measurement on site and register should be carried out household by household according to the layout and section defined by the five electric power design institutes (ECEPDI, SXEPDI, HNEPDI, SDEPDI and JSEPDI). 6  Land acquisition investigation is measuring on site and registering according to the location plan and the civil works drawings for the project by the five design institutes. Huaiyin Substation Extension Work and Renzhuang Substation Extension Work do not need any land acquisition. Huaiyin Substation whose Land acquisition has finished is an auxiliary project of Yangzhou No.2 Power Plant Project. I) Preparation of the Resettlement Action Plan(RAP) The PRO took charge of the preparation of RAP. Land management department of the relevant counties and municipalities participated the preparation. NRCR is responsible of the consultation of RAP. The RAP was completed by PRO, and has passed the review of the Project Resettlement Leading group. The NRCR will take charge of the independent monitoring and evaluation for the project. J) Schedule for Resettlement Implementation The PRO and the construction departments will sign the contracts "Agreement on House and Land Acquisition for 500KV Yangcheng-- Huaiyin Transmission Project" with land management bureaux of the relevant counties and townships separately. It is foreseen that the implementation period is from January 1998 to June 1999. Huaiyin Substation Extension Project is located in the area of the substation itself. Huaivin Substation, as an auxiliary project of Yangzhou No.2 Power Plant, has finished its land acquisition (no house acquisition) in August 1997, and started to be constructed in August 1997. K) Permission for Land Use, Resettlement and Construction The land acquisition procedure is as follows: (1). The five electric power design institutes submit the defined range and area of acquisition land; (2). The project contractors apply to local planning department for permission, of planning land use certification and certification for construction land use; (3). Consulting with the land owner about the land acquisition and compensation;(4). Land use formalities in local 7  land management department; (5). The project acquires the land and signs the land acquisition contract. The contracts are signed by the project resettlement office. together with the local land management bureaux,(6).The project gets the land ownership. The resettlement and construction procedures are as follows: (1). The five electric power design institutes submit the location of affected and acquired house; (2). The PRO, the five electric power design institutes , and relevant counties(cities), townships investigate the quantity and quality of the houses. (3) The PRO discusses with the representatives of resettlers about the compensation standard for acquisition house and auxiliary facilities; (4). The PRO, together with the ROs of relevant counties and municipalities, signs the house acquisition contracts; (5). ROs of relevant counties and municipalities signs the house acquisition contracts with relevant townships; (6). The townships signs the house acquisition contracts with PAPs, and the PAPs get the compensation fund;(7).The PAPs build their houses; (8). The PAPs move into new houses and demolish the old houses. L) Decree on Rates of Compensation 1) Land Mfanagement Law of People 's Republic of China 2) Implementation Regulations for Land Management Law of People's Reputblic of China 3) Implementation Regulations for Land Management Law in Jiangsu Province 4) Implementation Regulations for Land Management Law in Shanxi Province 5) Implementation Regulations for Land Management Law in Henan Province 6) Implementation Regulations for Land Management Law of People 's Republic of China in Shandong Province 8  7) Temporary Regulations for Collection and Usage of Compensation Fee for Forest Land Acquisition in Shanxi Province 8) Regullations for Collection and iVanagement of Recover Fee for Forest and Grass Land in Shanxi Province 9) Compensation Rates for Attached Structuires on Land Acquired by State Construction in Henan Province 10) Implementation Regulations for Forest Law of People 's Republic of China in Jiangsu Province 11) Jiaozuo Mufitnicipal Government Document JZB(1994) No. 51 "Compensation Rates for Attached Struictures on Land Acquired bv National Construction in Jiaozuo Municipalityv 12) XinxiangMunicipal Government Document XZW(]993) No.229 - Compensation Rates for Attached Structures on Land Acquired by National Construction in Xinxiang Municipality" 1 3)Document HXF(1989) No.7 "Temporary Regulations for Land Acquisition Approval in Heze Municipality" 14) Suqian Municipal Government Document SZF(1996) No.47 "Regulations for Land Acquisition Approval in Suqian Mdunicipal " 15) Dongming County Document DZF(1993) No.47 "Regulations for Land Acquisition approval in Dongming County" 16) Huixian City HZ(1992) No.158 " 'Five Uniform Regulations' on Land Acquisition" 17) Weihui City WZ(1993) No.58" 'Five Uniform Regulations ' on Land Acquisition" 9  2. PROJECT IMPACT A) Land Acquisition Table 2.1 Summarv of Land Acquisition Categorv Unit Quantity A B C I Total land acquisition for the project ha 59.5 2 Permanent land acquisition ha 59.5 Land acquisition for Dongming Switch Station ha 7.2 4 Land acquisition for Sanpu Switch Station ha 9.0 5 Land acquisition for Huaivin Substation Extension Work ha 0 6 Land acquisition for Renzhuang Substation Extension Work ha 0 7 Land acquisition for the tower foundation ha 43.3 8 Total number of residence bases affected by land acquisition ha 2.47 9 Total number of households affected by acquisition houses HH 128 10 Total number of the project affected villages 558 11 Total number of laborers affected by land acquisition 253 12 Arable land acquired for the project accounting for percentage % 0.073 of the total arable land of affected villages 13 Range of average arable land(per person) in affected townships ha per 0.102 {__________________________________________________________ capital _______aia 14 Range of average arable land(per laborer) in affected ha per 0.209 townships capital _ 1 5 No. of villages where land laborer ratio falls below township 35 level 1 6 No. of villages where land readjustment is not possible due to 0 the limit of land endowment Notes: (1). All the acquired land for residence bases and structure foundation can be reclaimed. and cultivated by the base owner. The costs for the reclaim are listed in the land acquisition costs of the project. (2). Former land acquisition for Huaiyin Substation is 8.96ha, and there was no house acquisition. The expanding project is based on the forner scale and it does not need any land acquisition. (3). The Renzhuang Substation Extension Work is located in the former substation and needs no land acquisition. See Annex 3 for detailed information. 10  B) Affected Structures Table 2.2 Summary of Affected Structures Structures and Categories Number Number of Area(m) (Households) PAPs .- House Land area A B C D E I Private houses to be 128 538 11295 10713 affected 2 Private houses to be 128 538 11295 10713 relocated 3 Public structures to be 0 0 14151 14030 affected _ 4 Number of Houses (Households affected due to other reasons-such as 0 0 0 0 environment impact) Note: Public structures include offices of villages and groups. bams. See Annex 4 for the detailed of affected structures. C) Affected Enterprises and Infrastructure There are sixteen enterprises affected by the project (See Table 2.3). They are all private or village-owned and in small size. Ten of them have stopped producing because of deficiency and no sale for one year or half a year. The project can only compensate their structures and some relevant facilities. The other six enterprises(There are 47 part-time workers in total) are engaged in exploring of stone and coal. The project only affects their structures (The structures have to be moved.), but does not affect their production areas. It means that the normal production and running activities will not be affected by the project, and the workers will not lose their jobs because of the project. There is little equipment in these enterprises, and the equipment can be moved to other places. Moreover, their foundation area will be reclaimed and cultivated by the villagers themselves. Affected infrastructures are listed in Table 2.4. 11  Table 2.3 Distribution of Affected Enterprises Categories of Enterprises Number Number of Number of PAPs. Foundation Total Land of Units Employees incl uding Area(ha) Area(ha) affected laborers I Total Units to Be Affected 16 0 0.45 1.6 Private Enterprises 5 0 0.21 0.91 Village Enterprises I1 4 0 0.24 0.69 Township Enterprises 0 43 0 0 O0 2 Land Acquisition for the 6 0 0.07(Uncult 0.08(Uncult _ Relocation of the Above ivated land) ivated land) 3 Secondarv PAPs due to 0 0 0 0 Land Acquisition for Relocation 4 Enterprises to Be Partiallv 0 0 0 0 Affected See table 5.2 for the details. Table 2.4 Summary of Affected Infrastructure | Affected Infrastructire Quantity Unit 1I 1kv Power 5km Yangcheng County Power Supply Bureau 2 1 l0kvPower line 2.5km Zezhou County Power Supply Bureau 3 Grade 2 Communication Line 12km Beiliu Township. Yangcheng County. Shanxi I___I____ Province 4 Grade 3 communication Line 7km Beiliu Township. Yangcheng Countv. Shanxi l ____________________________ l________ Province 5 Receiving Apparatus for I Daqi Township. Zezhou Countv, Shanxi Satellite Signal Province 6 10kv Power line 5 pieces Shan County Power Supply Bureau 7 1380v Power line I pieces Tongshan County Power Supply Bureau 8 Communication Line I piece Tongshan County Power Supply Bureau 9 l0kvPower line 2km Tongshan County Power Supply Bureau 10 35kvPower line 2km Tongshan County Power Supply Bureau II l0kvPower line 6km Suining County Power Supply Bureau 12 35kvPower line 6km Sihong County Power Supply Bureau D) Temporary Land Acquisition in the Construction of the Project Temporary land acquisition depends on the construction condition of the project. The land is used to pile the materials. In order to minimize the impact to arable land, the construction period will be as short as possible. Thus, the construction will only impact one season of green rice, which can be planted near after the construction. The 12  corresponding compensation is inside the total cost of the project (not including the resettlement and rehabilitation cost). E) Temporarv Land Acquisition in Operation of the Project In the operation of the project, if temporary land acquisition occur sometimes because of the maintain of the transmission line, compensation rates for this are same as the relevant compensation rates in the RAP. F) Affected Population Table 2.4 Summarv of Affected Population Tvpe of Effect Quantitv of PAPs A B 1 Total PAPs affected bv land acquisition 526 2 Affected by Acquisition of Agricultural Land 526 3 Private Housinp 538 4 No. of laborers who will lose more than 7% of their agriculture 0 land to land acquisition(LA) _ 5 No. of laborers who will lose less than 7% but more than 0.08% 54 of their agriculture land to land acquisition(LA) 6 No. of laborers who will lose less than 0.08% of their agriculture 199 _- land to land acquisition(LA) See Annex 5 for further details. G) Impact on Vulnerable Groups Based on our survey, among the 128 households of house acquisition, there are no women headed households, ethnic minorities families and old PAPs living alone. Laborers are not in short in house demolition and building, and the households do not need special care. In the implementation of RAP, if vulnerable groups occur, their relocation will be under the charge of the relevant village. 13  3. LEGAL FRAMEWORK A) Policy Laws and policies on land acquisition and resettlement can be divided into three levels: 1)National laws and regulations issued by the Central Government * The State Land Law of People's Republic of China (passed in June 1981 by the 16th session the standing committee of the 6th National People's Congress(NPC), and revised in December 1988 by the 5th session the standing committee of the 7th NPC) * Implementation Regulations of The State Land Law of People's Republic of China (No. 73 order of State Council of P.R.China) 2)Provincial regulations issued by provincial government * Implementation Regulations of Land Law of Jiangsu Province (passed on June 26, 1987 by the 26th session the standing committee of the 6th Jiangsu Provincial People's Congress, and revised on June 30, 1989 by the 9th session the standing committee of the 7th Jiangsu Provincial People's Congress) 3 Implementation Regulations for Land Management Law in Shanxi Province (passed on Jan. 11, 1987 by the 26th session the standing commrttee of the 6th Shanxi Provincial People's Congress) * Implementation Regulations for Land Management Law in Henan Province(passed on Sep. 18, 1987 by the 30th session the standing committee of the 6th Henan Provincial People's Congress) * Implementation Regulations for Land Management Law of People's Republic of China in Shandong Province (passed on Feb. 15, 14  1987 by the 24th session the standing committee of the 6th Shandong Provincial People's Congress) Shandong Province Document JJ(1997) I Ieflipor;ry Regulations for Collection and Usage of Compensation Fee for Forest Land Acquisition in Shanxi Province" (issued on July 17, 1994 by Shanxi Province Price Bureau, Shanxi Province Forestry Bureau and Shanxi Province Finance Bureau) * Document No.12 "Regulations for Collection and Management of Recover Fee for Forest and Grass Land in Shanxi Province " issued by Shandong Province Price Bureau and Shandong Province Finance Bureau on Feb. 4, 1993 * Henan Province Government Document YZW( 1989) No. 113 "Compensation Rates for Auxiliary Buildings on Land Acquired by National Construction in Henan Province " (issued on Sep. 5, 1989) Jlnplementation Regulation for Forest Law of People's Republic of China in Jiangsu Province (passed on Oct. 27, 1992 by the 30th session the standing committee of the 7th Jiangsu Provincial People's Congress) 3) Municipal and county regulations for some special projects * Jiaozuo Municipal Government Document JZB(1994) No.51 "Compensation Rates for Attached Structures on Land Acquired by National Construction in Jiaozuo Municipality" * Xinxiang Municipal Government Document XZW(1993) No.229 "Compensation Rates for Auxiliary Structures on Land Acquired by State Constrluction in Xinxiang Municipality " IDocument HXF(1989) No.7 "Temporary Regulations for Land Acquisition Approval in Heze Municipality" * Suqian City Document SZF(1996) No.47 "Regulations for Land Acquisition Approval in Suqian City" 15  * Dongming County Document DZF(1993) No.47 "Regulations for Land Acquisition Approval in Dongming County" * Huixian City Document HZ(1992) No.158 ' 'Five Uniform Regulations ' on Land Acquisition" * Weihui City Document WZ(1993) No.58 "'Five Uniform Regulations ' on Land Acquisition" The RAP is prepared in accordance with the laws and regulations listed below and the World Bank Guidelines on Involuntary Resettlement (OD 4.30). The implementation of the RAP will be carried out in accordance with this legal framework. B) Contents of the regulations 1) National Laws and Regulation Major provisions of Land Law are as follows: Ownership (D The ownership of all land inside cities is vested in the state, the ownership of the land in countryside and city suburb is vested in the collectives except for vested in the state based on special laws or regulations. Residence bases are vested in the collectives. (2 Collective land is managed and operated by village councils. ( County governments register collective lands and issue certificates of ownership. ( Any change in ownership or the right to use land must be officially recorded and a new certificate issued. 0 Once acquired for a state project, collective land becomes state land. Land Use 16  (DThe law permits transfer of right of use of both state and collectively-owned lands. Contracting of both state and collective lands to collective units and individuals is permitted and contracts meeting the procedural requirements are protected by law. (Conversion of cultivated land exceeding 3 mu into non- agricultural use must be authorized by governments above the county level. Land for State Construction (DApproval Procedures Project units must apply to local land management departments above county governments level with Design Task Document or other approval documents approved by direction departments of State Council or local government above county level based on approval procedure for state construction. After the review and approved by local government above county level, the land management department can allocate the land. (ZAuthority for Approval: County governments can approve acquisition of cultivated land below 3 mu and other types of land below 10 mu. Provincial congresses determine the limits of the authority of prefecture and municipal governments for land acquisition. (3)The project must compensate the affected units or persons for loss of land, resettlement, attached structures, and standing crops. (OFormulas to calculate the amounts of compensation are specified: * Compensation fee for cultivated land The compensation fee for cultivated land should be 3-6 times the average annual production value per mu during the three years prior to acquisition. Provincial and municipal governments should determine the rate of compensation for standing crops and attached structures. Compensation fee for other types land acquisition may be determined by provincial and municipal governments refer to the compensation rates of cultivated land acquisition. * Resettlement grant Based on the number of agriculture population to be resettled, the regulations stipulate payment of a resettlement grant. The amount of 17  the resettlement grant is to be determined on a per capita basis and should be 2-3 times the average output value per mu during three years prior to land acquisition. The formula for calculating the number of the agricultural population to be resettled is to divide the area of the acquired cultivated land by the average per capita land holding of the unit prior to the land acquisition. Should the resettlement grant prove inadequate to maintain the previous living standards of the people, provincial and municipal governments can increase the amount of the resettlement grant. But the combined amount of compensation for land and resettlement grant should not exceed 20 times the average annual production value per mu during the previous three years. Compensation fee for other types land acquisition may be determined by provincial and municipal governments refer to the compensation rates of cultivated land acquisition. Temporary land acquisition should be compensated according to the average annual production value per mu during the three years prior to acquisition. (DLand for Rural Residence Land for rural residence should be the original residence bases or the spare land. Use of cultivated land for residence must be approved by village councils, township governments, and county governments. The quantity should not exceed the limits regulated by provincial and municipal governments. 2) Provincial Regulations issued by provincial governments a) Implementation Regulations of Land Law of Jiangsu Province Land for State Construction The project must compensate the affected units or persons for loss of land, resettlement, attached structures, and standing crops. The formulas to calculate the amounts of compensation are specified: (D The compensation fee for Loss of Land The compensation fee for cultivated land and vegetable land should be 6 times the average annual production value per mu during the three years prior to acquisition based on the state price policies. 18  () The compensation fee for Standing Crops and Attached Structures The compensation fee for Standing Crops is calculated based on the out put value of one season of crops. 3 The Amount for Resettlement Grants The amount of the resettlement grant is to be determined on a per capita basis. For the townships with the average per capita land holding prior to the land acquisition above 1 mu, the payment should be 3 times the average output value per mu during three years prior to land acquisition. For the townships with the average per capita land holding prior to the land acquisition below 1 mu, the payment should be calculated from 4 times( and one time more as the drop of every 0.1 mu of the average per capita land holding prior to the land acquisition, but should not exceed 10 times) the average output value per mu during three years prior to land acquisition. Should the resettlement grant prove inadequate to maintain the previous living standards of the people, provincial governments can increase the amount of the resettlement grant. But the combined amount of compensation for land and resettlement grant should not exceed 20 times the average annual production value per mu during the previous three years. Land for Rural Residence The land for rural residence includes the land for house, attached structures, yard, grass and trees ahead or behind the house. In order to save land, buildings are strongly recommended. The calculation formulas are on the household basis according to the actual average per capita land holding: (D For the-villages with the average per capita land holding below I mu, the average per capita residence land holding should be less than 0.2 mu. The residence land is 130 square meter for one household of not more than 4 mrnembers, and with 25 square meter more as every member- increasing in the household of more than 4 members. (Z For the villages with the average per capita land holding above 1 mu, the residence land is 130 square meter for one household of not more than 4 members, and with 30 square meter more as every member- increasing in tie household of more than 4 members. 19  b) Implementation Regulations of Land Law of Shandong Province Land for State Construction The compensation fee for the urban area of provincial municipalities and cultivated land belongs to county-level cities should be 5 - 6 times the average annual production value per mu during the three years prior to acquisition. The compensation fee for cultivated land belongs to county-level cities should be 4 - 5 times the average annual production value per mu during the three years prior to acquisition. The compensation fee for other types' land should be 2 - 3 times the annual production value per mu. The compensation fee for residence land should be in accordance with the compensation standard of neighboring cultivated land. The compensation fee for standing crops is calculated based on the output value of one season of crops. Trees on the acquired land should be planted to other places as possible and the plant fee should be paid. If the trees can not be planted, compensation fee should be paid. The Amount for Resettlement Grants The amount of the resettlement grant for cultivated land and residence land acquisition is to be determined on a per capita basis. For each agricultural person who is needed to be resettled, the payment should be 3 times the average annual output value per mu during three years prior to land acquisition. But the amount of the resettlement grant per mu should not exceed 10 times the average annual output value per mu during three years prior to land acquisition. The amount of the. resettlement grant for other types' land is 2 times the annual output value per mu. Land for Rural Residence On the shirts of cities or in towns, the average per capita residence 20  land holding should be 0.2 - 0.25 mu. In villages on plain area, the average per capita residence land holding should be 0.2 - 0.3 mu. In villages in hilly country, if their sites are on flatlands, the average per capita residence land holding should be 0.2 mu. If their sites are on hills, the average per capita residence land holding should be less than 0.4 mu at most. For the villages with the average per capita land holding below I mu, the average per capita residence land holding can be lower than the standard above. c) Implementation Regulations of Land Law of Shanxi Province Land for State Construction The compensation fee for cultivated land in Taiyuan, Datong, Yangquan, Changzhi, Jincheng, Xinzhou, Yuci, Linfen, Houma, Yuncheng Municipality, should be 5 - 6 times the average annual production value per mu during the three years prior to acquisition. The compensation fee for cultivated land outside the municipalities above, should be 4 - 5 times the average annual production value per mu during the three years prior to acquisition. The compensation fee for residence land, spare land and uncultivated land should be 2 times the average annual production value of cultivated land in the village during the three years prior to acquisition. The Amount for Resettlement Grants The amount of the resettlement grant is to be determined on a per capita basis. For the townships and villages with the average per capita land holding prior to the land acquisition above 1 mu, the payment should be 3 times the average output value per mu during three years prior to land acquisition. For the townships and villages with the average per capita land holding prior to the land acquisition below 1 mu, the payment should be calculated from 4 times( and one time more as the drop of every 0.1 mu of the average per capita land holding prior to 2'  the land acquisition, but should not exceed 10 times) the average output value per mu during three years prior to land acquisition. The amount of the resettlement grant for collective forest should be 2 times the annual output value per mu. The amount of the resettlement grant will not be paid for residence land, spare land and collective uncultivated land. The compensation fee for standing crops is calculated based on the local output value. The compensation fee for attached structures on acquired cultivated land should be paid by construction department. Land compensation fee, the amount of the resettlement grant and the compensation fee for collective attached structures, are owned to acquired land departments. The fund will be saved in bank. Acquired land departments should post their resettlement plans and fund using plans. These plans should be approved by county governments. d) Implementation Regulations of Land Law of Henan Province Compensation for Land Acquisition The compensation fee for cultivated land should be 6 times the annual production value per mu. The compensation fee for by-products of plants in cultivated land, should be 15 - 20% of annual main product output value per mu. The amount of the resettlement grant is to be determined on a per capita basis. For the townships and villages with the average per capita land holding prior to the land acquisition above I mu, the payment should be 3 times the annual output value per mu. For the townships and villages with the average per capita land holding prior to the land acquisition between 0.7 mu and 1 mu, the payment should be 4 times the annual output value per mu. For the townships and villages with the average per capita land holding prior to the land acquisition between 0.5 mu and 0.7 mu, the payment should be 5 times the annual output value per mu. For the townships and villages with the average per capita land holding prior to the land acquisition between 0.3 mu and 0.5 mu, the payment should be 7 times the annual output value per mu. For the townships and villages with the average per capita land 22  holding prior to the land acquisition below 0.3 mu, the payment should be 10 times the annual output value per mu. 3) Municinal and county regulations Main contents related to the project are listed below: Jincheng municipality: Detailed compensation rates for attached structures, standing crops and residence land have been regulated. Jiaozuo Municipalitv: Detailed compensation rates for attached structures have been regulated. Xinxiang Municipalitv: It regulated compensation rates for attached structures on acquired land for state construction. Heze Municipalitv: oLand compensation: (DThe annual production value of grain crop field in the planning areas of municipalities and county cities, is calculated as 500 - 1000 RMB per mu. The annual production value of industrial crop field in these areas is calculated as 700 - 1200 RMB per mu. The annual production value of grain crop field in rural areas is calculated as 400 - 900 RMB per mu. The annual production value of industrial crop field in these areas is calculated as 500 - 1000 RMB per mu. The annual production value of orchards is calculated as 1500 - 3000 RMB per mu. (The compensation fee for land acquisition is 4 times the annual production value per mu. 0The compensation fee for residence land is in accordance with the compensation fee for cultivated land. *The amount of resettlement grant: 23  If the average per capita land holding prior to the land acquisition are above 2 mu (not including 2 mu), the payment should be 2 times the annual output value per mu. If they are between I mu and 2 mu (not including I mu), the payment should be 3 times the annual output value per mu. If they are between 0.5 mu and 1 mu (not including 0.5 mu), the payment should be 6 times the annual output value per mu. If they are below 0.3 mu, the payment should be 10 - 14 times the annual output value per mu. Dongming Countv: * The annual output value per mu of acquired land: The annual output value of grain crop field, is calculated as 400 - 800 RMB per mu, and should not exceed 900 RMB per mu. The annual production value of industrial crop field is calculated as 600 - 1000 RMB per mu, and should not exceed 1200 RMB per mu. The annual production value of orchards is calculated as 800 - 3000 RMB per mu, and should not exceed 4500 RMB per mu. 3 Compensation fee for land acquisition: The compensation fee for cultivated land is 5 times the annual production value per mu. The compensation fee for other types' land is 4 times the annual production value per mu. The compensation fee for residence land is same as for cultivated land. T The amount of resettlement grant: If the average per capita land holding prior to the land acquisition is above 2.5 mu (not including 2 mu), the payment should be 2 times the annual output value per mu. If it is between 1 mu and 2 mu (not including 1 mu), the payment should be 3 times the annual output value per mu. If it is between 0.5 mu and 1 mu (not including 0.5 mu), the payment should be 6 times the annual output value per mu. If it is below 0.3 mu, the' payment should be 10 - 14 times the annual output value per mu. Dongming County Government also regulates detail compensation rates for attached structures on acquired land. Huaivin Municipality: 24  * Compensation fee on land acquisition: The compensation fee for cultivated land is 6 times the annual production value per mu. The annual production value per mu of paddy field is 1200 1600 RMB, the annual production value of dry field is 900 - 1200 RMB. * The amount of resettlement grant: If the average per capita land holding prior to the land acquisition is above I mu , the payment should be 3 times the annual output value per mu. If it is below 1 mu, the payment should be 10 - 14 times the annual output value per mu. If it is below 0.5 mu (including 0.5 mu), the project should arrange for a labor and pay 5000 RMB. Huaiyin Municipal Govemment also regulates detail compensation rates for attached structures and standing crops. Suqian Citv: Suqian City was administered by Huaiyin Municipality before May, 1996. Regulations for land acquisition in Suqian City are almost same as they are in Huaiyin Municipality. Other counties (cities): They have regulated detail compensation rates for standing crops and attached structures, and have given detail explanations on compensation rates for land acquisition and the amount of resettlement grant. All these compensation rates are in accordance with the regulations made by the central and provincial governments. C) Compensation Rates 1) Compensation Rates Principles * The compensation fee for land loss and resettlement should be based on State Land Law, Implementation Regulations for Land Law made by provincial governments and regulations made by related municipalities and counties. * Compensation for all assets is equivalent to the replacement cost of the asset. Depreciation is not considered. * Compensation payments are made before the acquisition of land and assets. 25  * Resettlement fees are paid before the PAPs build their new houses. * The compensation rates are discussed among the ROs of the project and the representatives of PAPs. 2) Compensation Rates Based on the above principles, from March to May, 1997, the PRO and the land management departments of relevant municipalities and counties submitted the preliminary compensation rates after consulting with the townships, villages, and representatives of Paps. In August 1997, General Power Planning and Design Institute (GPPDI) of the Ministry of Power organized the decision meeting. The representatives from GPPDI, ECEPDI, SXEPDI, HNEPDI, SDEPDI, JSEPDI and relevant provincial and municipal governments attended the meeting. The meeting confirmed the compensation rates for this project. The compensation rates are higher than local compensation rates, while they meet the demand of the local regulations. See Table 3. 1, Table 3.2, table 3.3, for detailed information. 26  Table 3.1 Compensation Rates for Houses and Attached Structures Type 1 Items Compensation | Notes Rates Building I 400 RMB/ M2 Buildinu 11 360 RMB/ M2 Building III 320 RMB/ M2 not including the cost of Single-story House I 290 RMB/ M- getting water, power, road House Single-storv House II 260 RMB/ M2 of the new houses, and of Single-story House 111 230 RMB/ M- leveling the field Simple Structures 120 RMB/ M- Pigsty 200 RMB each Walls 20 RMB/ M2 Attached Outdoor Cement Ground 20 RMB/ M2 Structures Stove 100 RMB Well 800 RMB Manure Pit 100 RMB Toilet 200 RMB Fruit Tree 300 RMB Big Tree 60 RMB Small Tree 30 RMB Water Pit 50 RMB Structure for Vegetable 50 RMB/ M- _Grow-th Removal Compensation 300 RMB/HH Reciaim Fee of Forner Residence Base 1000 RMB/HH New Residence Base Tax 2000 RMB/HH Cost of Getting water. power. road of the 30 RMB/M2 new houses. and of leveling the field _ _ 27  Table 3.2 Compensation Rates and Indemnitee of Acquired Land for Switch Stations and Substation Compensation Items Compensation Rates Indemnitee ( 10000 RMB/ha ) Dongming Sanpu Huaiyin Switch Switch Substation Station Station ____ I Land Loss 10.8 14.4 14.4 group 2 Resettlement 18 24 14.4 group 3 Irrigation 3 2.25 2.25 village committee 4 Standing Crops 0.9 1.2 1.2 Contractor 5 Agriculture Development 6 3 3 Provincial government Funds 6 Villages Construction 4.5 7.5 7.5 township government 7 Subsidy for state-ordered 1.5 2.25 2.25 village grains 8 Vegetable Development 15 18 18 county government 9 Group Division 6 6 6 county government 10 Land ownership Change 2 2 2 County(city) Land _______ Management Department 11 Land Restoration tax 3 3 3 county government 12 Occupation Tax for land 6 7.5 7.5 State acquisition 13 Funds for agriculture to 6 6 6 countv government non-agriculture activities 14 Preparing fee of local 1.74 1.97 1.84 County(city) Land Mechanism Management Department I 5 Management fee of local 2.56 2.93 2.76 County(city) Land Mechanism Management Department Total 87 102 92.1 28  Table 3.3 Compensation Rates and Indemnitee of Acquired Land for Tower Foundation [tems Compensation Indemnitee Rates(l OOOORi 0 B/ha) Province Name Shanxi Henan Shandong Jiangsu/ ._____ _________ Anhui I_ Land Loss 10.8 11.7 10.8 14.4 groups 2 Resettlement 9 9.75 9 12 groups 3 Standing Crops 0.9 0.975 0.9 1.2 Contractor 4 Agriculture Development 6 6 6 3 Provincial government Funds 5 Village Construction 3 3 3 3 township 6 Compensation for state- 1.5 1.5 1.5 2.25 village ordered grains 7 Group Division 4.5 4.5 4.5 4.5 County government 8 Land Change 2 2 2 2 Land Management Department of counties 9 Land Restoration 3 3 3 3 County government 10 Arable Land Occupation 6 6 6 7.5 State Tax _ l_l 11 Preparing tee of local I 1 I I Land Management I l Mechanism lIl____ Department of counties 12 Management fee of local L.5 I .575 1.5 I .5 Land Management Mechanism _ Department of counties Total 49.2 51 49.2 55.35 3) Basis to compensation rates * The basis to calculate the compensation rates land loss and resettlement are listed in Table 3.4 and Table 3.5. Table 3.4 Annual Production value per ha in the past 3 years (10000 RMB/ha) projects county 1994 1995 1996 Average A B C D E F Shanxi 1.62 1.695 1.68 1.8 Tower Foundation Henan 1.65 1.77 1.785 1.95 Shandong 1.59 1.71 1.665 1.8 Jiangsu/Anhui 2.175 2.37 2.34 2.4 Dongming Switch Station Yuwo Township 1.68 1.725 1.74 1.8 Sanpu Switch Station Zhangjie Township 2.175 2.4 2.28 2.4 Huaiyin Substation Shanghe Township 2.25 2.34 2.325 2.4 29  Table 3.5 Land Compensation and Resettlement Subsidy Multipliers Land Land Compensation Resettlement Subsidy Total Acquisition Province Shan He Shan Jiansu/ Shan He Shan Jiansu/ Shan He Shan Jiansu/ Name xi nan dong Anhui xi nan dong Anhui xi nan dong Anhui Switch 6 6 10 10 16 16 Station Substation 6 6 12 Tower 6 6 6 6 5 5 5 11 11 11 11 Foundation * Housing Compensation When developing this RAP, we investigated the house rehabilitation prices estimated by construction department: (DBrick concrete building 36ORMB/ M2 bar foundation of bricks or reinforced concrete, reinforced concrete ring beam, reinforced concrete girds, brick walls bearing the loads, flat tile, multi-porous plate, cement ground, steel and timber doors and windows, vanished by sandy ground of 1:1:6, equipped with running water and power )Brick-timber single-story house 28ORMB/ M2 bar foundation of bricks or reinforced concrete, brick walls bearing the loads, timber girds, flat tile, vanished inside and outside, cement ground, common timber doors and windows, equipped with running water and power 0 Brick-timber single-story house 22ORMB/ M2 irregular brick walls, irregular tile, timber girds, timber doors and windows, cement ground, equipped with power and public water The project classifies the acquired houses into three types: buildings, single-story houses, and simple structures. There exist differences among buildings or single-story houses, in the aspects of structure, materials, and quality. In order to ensure justice and reasonable compensation, the buildings and single-story houses are classified into 3 sub-types, the corresponding compensation rates are: buildings I 400 RMB/ M2, buildings II 360 RMB/ M2, building III 320 RMB/ M2 single-story houses I 290, single-story houses II 260, single- story houses III 230RMB/ M-. 30  * Infrastructure Compensation Project-affected infrastructure can be treated by engineering means. The cost is listed in Table 3.6. Table 3.6 Compensation Rates for infrastructure Type Compensation Standard I 380V Power line included in the project cost 2 1OKV Power included in the project cost 3 1I1OKV Power line included in the project cost 4 Grade 2 Communication Line 150000RMB/KM 5 Grade 3 communication Line 60000RMB/KM 6 Communication Line 30000RMB/KM 7 Receiving Apparatus for Satellite Signal 50000RMB each 31  4. COMPENSATION COST ESTIMATE AND BUDGET The costs to be incurred on land acquisition and resettlement are included in the overall budget of the project. The projected requirement of funds for land acquisition and resettlement is given in Table 4.1, the calculation is based on the rates of June, 1997. The total cost of land acquisition and resettlement of this project is 86.49 million RMB. A) Flow of funds In accordance with the compensation policies and rates given in this RAP, Project Resettlement Office(PRO) will sign agreements on land acquisition and resettlement with the project contractors. Then the project contractors will sign " Permanent Land Acquisition Agreement of 500KV Yangcheng-Huaiyin Transmission Project " with the land management bureaux of counties, township governments and village committees along the line separately, and also will sign " Housing Acquisition Agreement of 500KV Yangcheng-Huaiyin Transmission Project" with the PAPs. According to the agreements, the PRO will allocate the compensation funds to the provincial project resettlement offices(PPROs) through banks. Then PPROs allocate them to the project contractors, and the project contractors to county land management bureaus(CLMBs), township governments, village committees, and PAPs respectively. Meanwhile, the project contractors will allocate the compensation funds for infrastructures and enterprises to the owner units or individuals. The flow of funds is specified as follows: 32  Compensation Type F unds Flow PROLan loss TE|Jrhe P'roject Contractor |Village GrouIDs qStandina Crons PRO PPRO - The Proiect Contractor lLand Contractor qAuriculture Develonment Fund EmP -46i 6l- provincial Land nmanagemnen1t BUieau _Villaue Construction P -PR OThe Project Contractor Township Government _Compensation for State-ordered grains PRO -PPRO Townshiip Government Land _Vetal Dee_rnnt, Acquisition Veetahle Develonment PRO PPRO The Proieet Contractor Coty Government (Grour Division JPPRO TtC onaitoMtv GoVernmen Land Chanae l The Proiect Contractor JReclaint Restoration Tay E8rhe Proiect Contractorj-lcou ntv Govern n l3-rov incial _Arable Land OCCuDationPPRO FT3he Project Contractorf- Countv Financial Government Transfer from agricuLitural to non-agricUltural PRO iih ProjecICon~tractd~-CLB out registration C_M ollnny| [Prenarina fee of l ocal Mechanism P PjR3 T Proie nt dManaeement fee of Local MechanismP 33  Compensation Type Funds Flow Comnensation for Houising and attached Stnictures PRO The Proiect Contractor 1 El 1l lose