Environmental fiscal reforms: Where and How Background Note 20th-21st September 2012, Venue – New Delhi Background The complex and cross-sectoral nature of the environmental issues creates the need for variety of instruments and policy measures for the protection of the environment and management of natural resources. Over the last few decades, economic instruments have been used to complement the legislation-based environmental policy. Though the use of economic instruments has been greater in the developed world, but recent years have seen the developing countries also making increasing use of such instruments. Fiscal instruments, in their capacity to prioritise and channelize government allocations and influence decisions of economic agents, are being recognized as an integral part of environmental policy making. Instruments such as environment- related taxes and subsidies, tradable permits, creation of market for natural resources and budgetary allocations for environment related programmes are being adopted as measures for undertaking environmental fiscal reforms (EFR). These aim to complement regulatory approaches to environmental management. Designing EFR however requires accounting for several considerations such as efficiency and cost effectiveness of the instrument, its distributional and equity impacts, fiscal implications and administrative feasibility and flexibility. In order to ensure acceptability of a fiscal instrument, a clear understanding of direct and indirect trade-offs further remains important given that application of instruments in certain situations can result in regressive outcomes, leading to iniquitous impacts. Usage of EFR globally, suggests that a general blueprint for EFR does not exist with effective policies dependent on institutional and political factors and hence are best developed by countries themselves. In a federal context such as in India, with different tiers of government—Centre, state and local bodies—responsible for environmental management, designing EFR further require consideration of jurisdiction of both the environmental subject and the instrument. The use of fiscalinstruments towards attaining environmental objectives in India has remained limited. While the National Environmental Policy 2006 recognizes the importance of economic instruments in achieving environmental goals, its applicability is inadequate. 1 Objective This conference aims to take forward the existing research on EFR and examine issues of implementation in India on the subject, by providing a platform to bring together experts in the area. Issues for discussion The broad topics for discussion are: Making instruments (like taxes, subsidies etc) work together in a coherent way, to achieve sustainable development EFR will need to be designed in a way that it takes into consideration the demands on fiscal policy. Governments use the fiscal policy for balancing various economic, social and environmental considerations and in designing any reform measures, it makes it essential to take into account all these. For example, implications of an environmentally justifiable demand to reduce the use of chemical fertilizers and pesticides have to be balanced against the wider interest of food security for public welfare. This may then call for the need to assess the overall fiscal soundness in mind. A comprehensive approach to EFR would also imply that governments should use their general taxation and spending powers to induce economic behaviour that is environmentally accountable rather than dealing with specific environmental issues or problems as they arise. So what are the approaches that could help in successful implementation of EFR for the broader objective of sustainable development? Political economy issues related to EFR, implementation challenges faced and conditions needed to create the EFR process Designing EFR however requires accounting for several considerations such as efficiency and cost effectiveness of the instrument, its distributional and equity impacts, environmental vs. fiscal effectiveness (i.e. the possible trade-off between the revenue raising capacities vs. environmental improvement), fiscal implications and political and administrative feasibility and flexibility. With there being different broad objectives of EFR, it is important to determine the right balance between these objectives. In order to ensure acceptability of a fiscal instrument, a clear understanding of direct and indirect trade-offs further remains important given that application of instruments in certain situations can result in regressive outcomes, leading to iniquitous impacts. Though it is important to identify and understand the implications of EFR instrument on revenue generation and meeting of environmental objectives, social implication of such instruments would also need to be understood both in terms of how progressive the incidence of environmental charges may be as also how these may clash with other social objectives of the government. On equity impacts for instance, EFR can be potentially regressive and could even damage the resource base upon which the poor depend if their demand for the resource is relatively inelastic to price or if there limited substitution possibilities. Similarly, it may be argued that removing subsidies on petroleum products would affect the cost of public transport and the general cost of living. Or for example, implications of an environmentally justifiable demand to reduce the use of chemical fertilizers have to be balanced against the wider interest of food security for public welfare. 2 How can governments play a role in ensuring that the trade-offs are minimized? Further the effectiveness depends on the political will, institutional capacities and social acceptance. It is important to ensure that EFR complements, rather than clash with existing policies and institutional arrangements. EFR implementation requires a relatively stable and coherence governance framework, particularly in terms of financial governance. Good financial governance aims at improving the tax system, making it more proficient in levying, collecting and redistribution of the revenues and encourages transparent and accountable public financial management. The governance mechanism includes the institutions, laws, regulations and procedures to manage the public expenditure that create the needed transparency and accountability, and proper accounting practices. EFR should not ever be considered a substitute for adequate environmental regulation and enforcement. Taxpayers’ compliance with and support for EFR depend on their understanding of why the measures are being introduced, what the revenues will be used for, and the overall social, economic and environmental impact. This will call for transparency in the budget and the collection and use of EFR revenue, and effective communication with the public. EFR also requires a challenging process of coordination and concentration among various stakeholders given their diverse objectives and interests, and needs special negotiations skills and capacities. Hence this calls for firm understanding of the stakeholders, particularly who stands to win and who stands to lose from the process, and how ultimately a win-win situation can be arrived in medium/long term. The level of administration capacity to administer the EFR process at a decentralized level may also vary and this needs to be taken into account. Also if staff of the government departments lacks sufficient skills in managing the EFR process, they should receive the necessary training and funds should be allocated for the same. Linkages of EFR in practice to national planning The use of fiscal instruments (other than expenditure policy) in national policy has been rather limited in India; even though the need to employ economic and fiscal policy instruments for the control of pollution and management of natural resources has gained steady recognition since the 1990s. In the Policy Statement for the Abatement of Pollution, released in 1992, the MoEF noted the need for a mix of policy instruments in the form of regulations, legislation, agreements, financial incentives, etc to address environmental concerns. In the Ninth Five Year Plan (1997-2002), an important element of the environmental strategy was 'integrating environment with decision making through valuation of environmental impacts; evolving market-based instruments as an alternative to the command and control form of environmental regulation; appropriate pricing of natural resources based on their long-term marginal cost of supply; appropriate fiscal reform and natural resource accounting'. The State of the Environment Report prepared for India in 2001 as part of a project supported by UNEP and the MoEF recommended that economic measures need to be put in place to encourage a shift from curative to preventive measures, internalization of the costs of environmental degradation, and conservation of resources. The revenue generated may be used for enforcement, 3 collection, treatment facilities and R&D. The Report also called for economic incentives for environmentally benign substitutes, technologies and energy conservation. The need for evolving an appropriate tariff structure for water services to encourage wise usage and to generate funds for cash-strapped service-providers was also recognized in the Report. The National Environmental Policy 2006 also has recognized the importance of economic instruments in achieving environmental goals. However the actual use of fiscal incentives in the country has, been rather limited. These take the form of tax concessions for the adoption of pollution control equipment and a somewhat more structured policy for the promotion of renewable energy technologies. Tax incentives are usually specified for identified abatement technologies and activities, not providing dynamic incentives for technological innovation and diffusion. Also, since most of these are end-of-the-pipe treatment technologies, these incentives do not promote more efficient use of resources. There are some provisions for the use of levies, cess, fines, penalties etc. for polluters, though their implementation and effectiveness could do with improvement. What are the ways in which the use of EFR can be integrated more strongly within the national policy making and broader objective of sustainable development? In a federal context like India’s, it would also be necessary to go one step ahead to say that each state and local body must develop its own strategy for EFR and a consensus for any reform across the issues pertaining to states or two both would be a big challenge for the government. Institutional and governance mechanisms needed to support EFR In a federal context like India, with different tiers of the government—Centre, state and local bodies—responsible for environmental management, designing appropriate EFR strategies further require consideration of jurisdiction of both the environmental subject and the instrument. It is important to understand the institutional and governance mechanisms for decision-making in context of EFR. However there are deficiencies in the institutional arrangements which need to be addressed if EFR related policies are completely successful within the federal structure of India. Significant weaknesses in the institutions of environmental governance, in particular, are evident from the state of pollution control boards. There is insufficient coordination between CPCB and SPCBs due to double subordination of the SPCBs (and the administrative influence of the state governments). Significant human and technical capacity constraints also deter the effective functioning at various levels. Besides there being high proportion of non-technical staff members, the vacancy ratio in several SPCBs. Funding limitation created by inadequate revenue sources and improper revenue sharing arrangements also pose a significant challenge to these institutions. Also there are large variations in the financial positions of the SPCBs. While some boards rely heavily on state government grants, other like that in the state of Bihar receives negligible support and the limited financial allocation to the boards also is noted to be a major factor behind corruption. Instruments including consent fees under the Water and Air Act are being used, wherein the new industries are required to get license to operate by paying a consent fee to the concerned SPCB for discharging sewage and/or trade effluents within the standards. But there is variation found in the structure of consent fees and other fees across the states in India, suggesting inequitable horizontal treatment of industrial units. 4 The capacities of the various levels of government in the federal structure also face other constraints like political interferences, lack of civil administrative authority (particularly imposing fines), ineffective systems of accountability, lack of awareness of the stakeholders, high levels of corruption and inadequate skills in monitoring and enforcement activities Capacity building gaps and ways to address these gaps The capacity development component for EFR is necessary to promote both economic growth and environmental stewardship through the reforms of governmental policy and should be placed within the bigger picture of capacity building for sustainable development. Capacity development is needed to design and implement appropriate economic instruments to solve environmental problems in line with local conditions that exist. Challenges identified in the context of political economy concerns of EFR can also be addressed through capacity development, which can take on a number of formsstakeholder processes, strengthening tax administrations and expanding their focus from expenditures to public revenues, supporting inter-ministerial co-operation, financing studies and expert exchanges to support local ownership. What are the different ways in which capacity development around the four areas-Human resource development, Organisational development , Network development and System development be enhanced for effective implementation of EFR. Expected outcome These issues, which have been raised by various stakeholders, have not been discussed at a common platform. This conference seeks to fill this gap and highlight possible “windows of opportunity” for greening economies by implementing EFR and supporting mechanisms that need to be in place. TERI-GIZ-MoEF Project on Environmental Fiscal Reforms As a step towards the larger goal of moving on the path of sustainable development, TERI-GIZ and MoEF undertook a study - ‘Environmental Fiscal Reforms: Where and How’. This was a two year project beginning August 2010. The study proposes to answer the following questions for a select set of environmental and resource management issues in India: 1. What role can EFR play? What are the potential instruments/reform (across jurisdictions) and their relative merits? 2. Does the required EFR infrastructure exist? Are current administrative, institutional and legal frameworks conducive to the design, monitoring and enforcement of these instruments? 3. Who are the likely winners and losers? Understanding the political economy by analyzing the tradeoffs among the various objectives of EFR (fiscal, environmental and social) and across stakeholders (different users of the resources, different tiers of the government, industries, NGOs, or CBOs involved in the various aspects of resource management). 4. How can these trade-offs be resolved? 5. What is likely to work and how? 5 Based on answers to the above questions, the project aimed to recommend the fiscal instruments and institutional changes that seem most appropriate for the issues under examination and possible ways to implement the recommendations. The issues considered in the project were: Environmental fiscal reforms in the municipal solid waste management (MSWM) sector with a focus on designing municipal charges for (three) selected cities in India Environmental fiscal reform for enhancing resource efficiency and need for technology upgradation in the micro, small and medium enterprise (MSME) sector in India Environmental fiscal reforms in the municipal wastewater management (MWWM) sector with a focus on designing municipal charges for (two) selected cities in India Environmental fiscal reforms in the e-waste management sector with a focus on designing fiscal instruments (and other economic instruments) for facilitating effective implementation of E-waste (Management and Handling) rules 2011 This conference will also provide an opportunity to share the findings of this project and seek valuable inputs from the participants. 6 Environmental Fiscal Reforms in India Date: 20th -21st September 2012 Venue: India Habitat Centre, Lodhi Road, New Delhi Participants: 40-50 Tentative Agenda Day 1: 20th 10:00 – 10:45 September, 2012 Inaugural Session Welcome and Opening Remarks Dr. Ardhendu Sen, Distinguished Fellow, TERI Mr. Bernd Dunnzlaff, German Embassy (or Manfred Haebig, GIZ) Dr. Prodipto Ghosh, Distinguished Fellow, TERI Special Address Mr. Hem Pande, Joint Secretary, Ministry of Environment and Forests (tbc) Keynote Address Mr. Arun Maira, Member, Planning Commission (tbc) Vote of thanks Mr. Souvik Bhattacharjya, TERI 10:45 – 11:00 Session I 11:00 – 13:00 Tea break Environmental fiscal reforms -Prospects and Progress: The session will focus on (i) Importance, scope, and role of EFR measures (ii) Need for increased participation and incentive provision to private sector (iii) Role of capacity development for EFR and possible role for international cooperation Chair: Dr. R S Ahlawat, Economic Adviser, MoEF Speakers: Dr. K.S. Kavi Kumar, Madras School of Economics (tbc) Dr. Surendar Kumar, Delhi University Dr. Manish Gupta, NIPFP Dr. Ashish Chaturvedi, GIZ Dr. Trishita Ray Barman, TERI 13:00 – 14:00 Lunch Session II 14:00– 15:30 Environmental fiscal reforms -case studies: The session would present some case studies of EFR measures that have been implemented in India and Germany and assess the objectives of such instruments and whether their outcomes have been successful in meeting the desired objectives. 7 Chair: Mr. Nitin Desai, Distinguished Fellow, TERI Speakers: Mr. Arun Tripathi, Director, Ministry of New and Renewable Energy (fiscal incentives to promote use of renewables and disincentives to reduce use of nonrenewables) Mr. Amarendra Sinha, Additional Secretary & Development Commissioner, MoMSME (tbc) Mr. Ajay Mathur, (tbc) Dr. S. Majumdar , CII-ITC Centre of Excellence for Sustainable Development Dr. Kala Seetharam Sridhar, Head, Public Policy Research Group (tbc) Mr. Axel, GIZ 15:30 – 15:45 Tea break Session III 15:45 – 17:15 Panel discussion on political economy issues linked to EFR: Although potential benefits of EFR are many, however achieving multiple objectives/ benefits simultaneously can result in certain trade-offs. This panel discussion would discuss trade-offs involved with the implementation of EFR in terms of who wins and who loses, issues related to the organisational structure and the federal framework in India and the lack of co-ordination amongst different tiers of the government. Chair: Dr. Amitabh Kundu Speakers Dr. Kanchan Chopra, Visiting Professor, TERI University Dr. Sacchidananda Mukherjee, NIPFP Dr. Snigdha Chakraborty, ISI, Kolkata Dr. T Paul, World Bank (tbc) Dr. Meeta K. Mehra, JNU Closing of Day 1 17:15- 17:30 Wrap up of Day 1, TERI 17:30 – 19:00 Networking Dinner 8 Day 2: 21st September, 2012 10:00-10:10 10:30 – 10:45 Session I 10:10 – 12.00 Welcome and setting the stage for Day 2 Tea break EFR for urban services: The Municipal Corporations play a very significant role towards an effective city management in India. The session will discuss the role of institutional framework for effective EFR implementation, the role of non-state stakeholders, and the possible role of the state governments. Chair: Ms. Vaishali Nandan Brief presentation by TERI team on the findings from the TERI-GIZ-MoEF Project Mr. Souvik Bhattacharjya, TERI Dr. Shilpi Kapur, TERI Panel Discussion: Representative ,Municipal Corporation of Shimla Representative ,Varanasi Nagar Nigam Representative, Kochi Municipal Corporation Representative, Raipur Municipal Corporation Session II 12:00 – 13:30 Panel Discussion on E-waste management in India: Possible use of fiscal instruments: The panel discussion will help to learn the e-waste problem in India and the existing initiatives undertaken by various stakeholders like government, producers, recyclers, etc to deal with such challenges. It will also help in improved understanding of the potential role of environmental fiscal instruments in efficient and cost effective way of e-waste management in India by filling the identified gaps. Moderator: Dr. Ashish Chaturvedi, GIZ Brief presentation by TERI team on the findings from the TERI-GIZ-MoEF Project Ms. Arpita Khanna, TERI Ms. Aastha Mehta, TERI Panelists for discussion from the following organisations Greenscape Earth Sense Dell Nokia Samsung Department of Information Technology 13:30-13:45 Closing remarks 13:45 onwards Lunch 9