The Energy-Saving Modification Project of UrumqiCentral-Heating
----World Bank Loan Project
Resettlement Policy Framework
Xinjiang Institute of Ecology and Geography, Chinese Academy of Sciences
September 2010
1
1 Project Background
Urumqi is one of the most polluted cities in china. The city is located in the northern slope of Tianshan Mountains, surrounded on three sides by mountains.Because of using the coal as the main fuel inthe heating period and a long winter inversion phenomenon,the air pollution in Urumqi is severe.The respiratory infection and heart disease are common to be observed, and cancer has a high mortality. Environmental pollutionnot only seriously impacts and endangers the work, production and daily life of the urban People, but also causes serious negative effects to the reform and opening-up, investment and sustainable development of the society. With the increase in urban development and living standards, such factorsrestricting the development of the urban economy, including the environment development, investment environment and living environment, has gradually become the concerns of the government and the investors.
The Energy-Saving modification Project of Urumqi Central Heating supported by World Bank Loan meansdistrict heat supply by combined heat and power co-generation. The efficient centralized management of boiler pollutants and high-altitude emissionssubstitutes for the low efficiency decentralized management and low altitude emissions; the heat energy generated by the heat source is delivered through the heat network to exchanger stations. The energy-saving measuresinclude:
The central heating by thermal power plants,which has high thermal efficiency and high energy efficiency,substitutes for the coal fuel scattered boiler heating.This saves the energy and is in line with national industrial policy.
Multi-heat sources network operation can make full use of the heating capacity of co-generation, reduce heat consumption.
Heating system and end users areconnected by indirect approach, so as to reduce the additionalwater amount of heat network and improve the thermal efficiency of heat network.
Heating system adopts advanced computer monitoring equipment and electric control valve is set up in the thermal stations. Heating supply for the end users can be adjusted according to the temperature outdoor and the requirements ofthe users. This modeis of energyconservation.
These energy-saving measures are in line with national environmental policies, and play an active role in improving air quality, local investment environment, the living standards and regional economic development.
Urumqi Energy-Saving modification Project of Central Heating supported by World Bank Loan consists of two sub-projects: Shayibake District heating network and Weihuliang phase-Ⅲauxiliary project of heat network of cogeneration. .
The major heat source of Urumqi Shayibake District heating network is from Xinjiang Hongyanchi power plant, Xinjiang Hongyanchi Power Generation Co., Ltd.,China Guodian Corporation.Heating range mainly covers theareasof Shayibake districts: south of Xidaqiao, west of Hetan Road,east of Yamalike Hill, and south of Hongyanchi plant railway line, as well as part of thesectionsin Tianshan District: East of Hetan road, south of water park,north of Hongyanchi Power rail line andEast of Yan'an Road. This sub-project will build and rebuild 50newheating stations, newly build 1 pressure-separate heat exchange station and 1 measuring room, add 3 pressure-separate heat exchange devices to the existing large boiler room. Pipeline construction will make the outer ring road as the boundary:the user tothe north of outer ring road will use three-level pipeline network system, and the userto the south of outer ring roadwill use two-level pipeline network system. Total length of the pipeline is about 39.685 km. Pipe diameter of one-level pipeline is DN1200～DN200, length 27.068km; Pipe diameter of second-level pipeline is DN1000～DN200,length 12.59km.Main portions of the pipelines ill be buried underground directly, a some portionswill be erected up. 2.65 billion m2 of countryard pipeline will be reformed.
The main heat source of Weihuliang heat & power co-production stage-3 heating network sub-project is a newly-built thermo-electric plant. In order to improve the economic performance of the main heat source operation, according to the investigation of the existing boiler roomand the heat load requirements of this project, and by comparison and selection, boiler room of HuaLing Group Heating Co.Ltd. is selected as the peak load regulating source. Weihuliang project will build and rebuilda heating pipe network with a total length of 54.108 km. Pipe diameter of one-level pipeline is DN1200～DN200, length 16.479km; Pipe diameter of two-level pipeline is DN1000～DN100,length 37.629km.3.14 billion m2 of countryard pipeline will be reformed.
This sub-project will build 1 monitoring and control center,1 pressure-separate heat exchange station and 1 measuring room.46 new heating stations will be built,including the one of LouYu heat exchange station ,45 existent heating stations will be rebuilt,hen the total number of heating stations will be 91.The original boilerswill be installed 9 metering equipments.
During the preparation of the project, the detailed works of the project construction cannotbe determined. In order to preventany adjustments and changes of the detailed works, this policy framework was developed to play a guiding role; therefore, according to the requirement of World Bank Operational Policy OP4.12 “Involuntary Resettlement”, the resettlement policy framework was prepared; in this framework, the proper principles and guidelines were developed to guide the resettlement due to the changes ofthe project design. In particular, if land requisition is involved in the following activities, the resettlement policy framework aims to guide the planning and implementation:
(A) Duringfor UrumqiEnergy-Savingtransformation project of Central-Heating, if the pipeline network design changes, orthe pressure-resisting heat exchange station、heating station and measuring room involve land requisition or house demolition, a resettlement planthat is consistent with this policy framework must be prepared before the World Bankmakes assessment and approval.
(B)During the project reconstruction of UrumqiEnergy-Saving Centralized-Heating, if the land requisition or house demolition caused by design changes, the resettlement plan that is consistent with this policy framework must be prepared before the World Bankmakes assessment and approval.
2Methods to avoid involuntary resettlement and land requisition
2.1 planning and design
Construction of the project is bound to involve land acquisition, demolition and resettlement, and inevitably affect the production and living conditions of the local residents. Duringthe planning and design stage of the project, when making the optimization and selection for the scheme, the construction unit must take into accountas much as possible the projectimpactson the local society and economy and takes this as a key factor in the optimization and selection of the scheme. In addition to considering the topography, geology, investment and other factors in the design, land requisitionand demolition should be avoided or reduced as much as possible.During the process of prophase demonstration of the project, the Owner must consider the advicesfrom the affected publicon avoiding and reducing land use, and optimize the design; after the feasibility study by planning and design department, the owner determines the project optimization range for land requisition and demolition.
①Under the same conditions, the excavation of heat pipeline network and the building of pressure-resisting heat exchange station should avoid demolition or affect the villagers’life aroundas much as possible.
②Under the same conditions, the excavation ofheat pipeline network and the building of pressure-resisting heat exchange station should avoidoccupying or occupy the farmland as little as possible.
③Paying much attention to environmental protection, trying to avoid water sources, schools, hospitals, cultural relics, scenic areas and other environmentally sensitive areas.
④During the design of the project, fully considering the inconvenience in theproduction and local residents’lifecaused by the construction. For example,to set up afootway in the residencehighlylocalized areas to facilitate the local residents; the infrastructure damagescaused by project construction such as canal system, shall be repaired to ensure the integrity of canal system and other infrastructure.
⑤To optimize the construction design, shorten the construction period, to minimize the large-scaledigging and filling, and to make reasonable arrange for thespecialreconstruction and the construction time, to reduce the construction impacts on the local production.
2.2 Project Construction Phase
A. Mitigating the impacts on urban traffic
The laying of pipe network is generally in the green belt, middle or side of the road. Road excavation will seriously affect the road traffic in this area. The project management office shall fully takeinto account this factor when preparing the project implementation plan. For heavy traffic roads, the temporary detour shall be set up, and special traffic policesshall be arranged to maintain normal traffic order; the construction program, shall carry out the segmented construction, and complete the excavation, pipe laying and backfill work in a shortperiod as much as possible, avoid peak hour, for heavy traffic roads.
B. Measures to reduce dusts
During civil works construction, the soil from foundation excavation is usually stacked at the construction site for several months, until the construction is completed,. Summer wind and machine movement cause dust fly around, which impacts residents, shops and enterprises nearby. During the construction, whenthe weather is fine and windy, it is necessary to spray water on the spoil surface to prevent dust so asto reduce construction impacts on the surrounding environment. Construction units shouldmake a schedule to timely process the spoil, avoid the overload duringtransport, and take measures to ensure the soil on the truck not to drop along the way, clean vehicle wheelswith high-pressure water gun before the truck starts to prevent the abandoned soil dropping along the way,affecting the environment; while, the cleaning system shall be appliedto the road in front of construction site, cleaning the spoil timely.
C. Noise control
The noises are soundsfrom pipeline construction and excavation, vehicles’ horns, engine, concrete mixing and the road roller. To reduce the construction noise impacts on surrounding residents, the construction units should put priority to the selection of construction equipment and construction methods,selecting the low-noise machinery as far as possible. For constructionatnight, measures to lower the noise of construction machinery shall be taken to avoid affecting the residents in the surrounding areas;temporary sound barriershall be set up around the construction site or residence areas, to ensure the residential living environment quality.
3Policies, laws and regulations of resettlement and land requisition
In order to really do a good job in land requisition and resettlement during the implementation of UrumqiEnergy-Saving Centralized-Heating Reconstruction-World Bank Loan Project, to protect the legitimate rights and interests of the affected peopleand units, and ascertain that the project can be implemented smoothly, a policy framework was developed according to laws and regulations concerning land acquisition and resettlement of the PRC, UrumqiMunicipal People's Government, Xinjiang Uygur Autonomous Region and the World Bank OP4.12 Involuntary Resettlement Policy. The main legal frameworksare in the following table:
Table 1 the legal framework
Policy documents / Date in forceState-level / Land Administration Law of People’s Republic of China / August 28, 2004
Implementation Regulations of Land Administration Law of People’s Republic of China / August 28, 2004
The law of the People's Republic of China on Real Estate Administration / January 1, 1995
Urban housing demolition and relocation administration rules / November 1, 2001
The State Council's Decision on deepening reform and managing Strictly land.（State issue〔2004〕No.28） / October 21, 2004
Notice on Urban housing demolition price valuation guidance（house[2003]No.234） / January 1, 2004
Administration regulations on urban housing demolition and relocation（State Council Decree of PRC（No.305）） / January 1, 2001
Implementation Regulations of Forest Law of the People's Republic / January 29, 2001
Xinjiang Uygur Autonomous Region level / Implementation Rules of Xinjiang Uygur Autonomous Region on “Urban housing demolition and relocation administration rules” government order No. 127 / March 6, 2003
Approach of Xinjiang Uygur Autonomous Region to implement Land Management Law of PRC / October 1. 1999
Development & Planning Commission, Finance Ministry of Xinjiang Uygur Autonomous Region [New House Price Evaluation (2001), No. 500] / May 1, 2010
World Bank / Operational Policy OP4.12 "Involuntary Resettlement" and its Annex / January 1, 2002
Business processes BP4.12 "involuntary immigrants" and its Annex / January 1, 2002
3.1Land Requisition policies and its measures
Compensation feesfor Land allocation and Land Requisition (land requisition cost) is the combination of various fees, when collective land requisitionedor state-owned landallocated by land administrative departments, the fees will be collectedfrom the construction land users and return to units and individuals whose land is requisitioned (the original land owner or user) to compensatefor their production and living, including land compensation fees, resettlement subsidies, compensation fees for green crops and ground attachments.
(A) Land compensation fees
Land compensation fees (land requisition cost) is to compensate the unit (the original land owner or user)for their investment and revenue in the landrequisitioned, in the course of collective land requisitionedor state-owned landallocated by land administrative departments, the fees will be collectedfrom the construction land users and return to units and individuals whose land is requisitioned (the original land owner or user).
According to the first paragraph, second paragraph, third paragraph of Article 47ofthelawoflandadministrationofthepeople’srepublicofChina:In requisitioning land, compensation should be made according to the original purposes of the land requisitioned. Compensation fees for land requisitioned include land compensation fees, resettlement fees and compensation for attachments to or green crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the requisition of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land requisitioned by the per capital land occupied of the unit whose land is requisitioned. The resettlement fees for each agricultural person to be resettled shall be 4-6 times the average annual output value of the three years preceding the requisition of the cultivated land. But the maximum resettlement fee per hectare of land requisitioned shall not exceed 15 times of the average annual output value of the three years prior to the requisition. The standards for land compensation and resettlement fees for land requisitioned shall be determined by various provinces, autonomous regions and municipalities in reference to the land compensation fees and resettlement fees for cultivated land requisitioned. The standards for compensating for ground attachments and green crops on the land requisitioned shall be determined by various provinces, autonomous regions and municipalities. In requisitioning vegetable fields in suburban areas, the units using the land should pay new vegetable field development and constructionfunds. Whereas the land compensation fees and resettlement fees paid according to the provisions of the second paragraph of this article are not enough to maintain the original level of living, the resettlement fees may be increased with the approval of the people's governments of provinces, autonomous regions and municipalities. But the combined total of land compensation fees and resettlement fees shall not exceed 30 times the average output value of the three years prior to the requisition. In special circumstances, the State Council may raise the standards for land compensation and resettlement fees for land requisitioned according to the social and economic development level.
In article 35 of Xinjiang Uygur Autonomous Region implementation approach of Land Management Law of PRC: “Land requisition for national construction will, according to the following criteria, pay the compensation: (a) for the requisition of basic farmland, land compensation will be 8-10 times the annual output value of the local land; (b) for the requisition of irrigated land outside basic farmland, fish ponds, the compensation will be 7-9 times the annual output value of local land; (c) for the requisition of dry arable land outside basic farmland, the compensation will be 7-8 times the annual output value of local land; (d) for the requisition of woodlands, artificial pasture, homestead, rural roads, threshing site and other land, the compensation will be 6-7 times the annual output value of local land; (e) for the requisition of natural grassland, the compensation will be 6 times the annual output value of the grassland. The land requisition of the above-mentioned (a), (b), (c) and (d) by the countries and Autonomous Region for transportation, water conservancy and other large construction projects, the compensation will be 6 times the annual output value of local cultivated land. The annual production value of various arable land and grassland will be calculated according to the average annual output value of 3 years before the requisition, and will be announced by the regional government regularly.”
(B) The resettlement subsidies
Resettlement subsidies is to compensate agricultural population for their production and living cost, when collective land requisitionedor state-owned landallocated by land administrative departments, the subsidies will be collectedfrom the construction land users and return to the agricultural population.
According to the second paragraph, third paragraph of Article 47 ofthelawoflandadministrationofthepeople’srepublicofchina:“Compensation fees for land requisitioned include land compensation fees, resettlement fees and compensation for attachments to or green crops on the land. The land compensation fees shall be 6-10 times the average output value of the three years preceding the requisition of the cultivated land. The resettlement fee shall be calculated according to the number of agricultural population to be resettled. The number of agricultural population to be resettled shall be calculated by dividing the amount of cultivated land requisitioned by the per capital land occupied of the unit whose land is requisitioned. The resettlement fees for each agricultural person to be resettled shall be 4-6 times the average annual output value of the three years preceding the requisition of the cultivated land. But the maximum resettlement fee per hectare of land requisitioned shall not exceed 15 times of the average annual output value of the three years prior to the requisition. The standards for land compensation and resettlement fees for land requisitioned shall be determined by various provinces, autonomous regions and municipalities in reference to the land compensation fees and resettlement fees for cultivated land requisitioned.”