Sunday, February 23, 2014

Lecture 2 on 22 February 2014: Introduction to Environmental Management

We started the class with a recap of the discussion in the first lecture.

We recalled that CSR is no more a voluntary activity in India; as per the Companies Act, 2013, CSR is mandatory for certain types of companies.  We also recalled that CSR has come a long way from purely a philanthropic activity to a strategic management process focusing on economic, environmental and social performance of the company. As understood today CSR is also understood as "Sustainability".  We identified many issues that arise at the interface between the company and its stakeholders and defined Sustainability as the process of managing the interface between the company and the stakeholder in order to ensure long term survival of the organization.


We agreed to discuss the environmental, economic and social issues one after another.  I explained to you that environmental management (& sustainability) is about thinking differently from  the business as usual approaches.  We discussed the new meaning of pollution: the resource at the wrong place.  We also recognized that "environmental issues" provide us business opportunities.  At this point we closed the first lecture.


I explained to you the link between business and the physical environment.  The three main functions of environment are:


1. The physical environment or nature, i.e. air, water, soil, flora, fauna etc., that surround us, provides the resources required for business; these resources may be "renewable" or "non-renewable.  Examples of renewable resources are air and water.  These resources can be renewed (or got back) if we work within the carrying capacity of the ecosystem.  Non-renewable resources, like minerals, petroleum products, coal etc., are lost once we use them; they cannot be got back in the form in which we used them.  By converting  these resources into products or services, business organizations engage in business.


2. The physical environment also acts as a sink for the waste generated by business. The waste is generated in the form of effluents, emissions, solid and hazardous wastes etc.  All these finally reach the physical environment (in air, water or soil).  Waste is not only generated during manufacturing, it is also generated throughout the life-cycle of a product or a service.  For example, at the end-of-life of the product, it becomes a waste and finally reaches the physical environment in one form or the other (e.g land fill , incineration). 


3. The physical environment  provides the amenity value, which business uses for its economic activities. Amenity value is related to the natural beauty that attracts people to a place or area due to its pleasant, aesthetic and cultural characteristics. 


While one cannot imagine any business without the contribution of the physical environment, the very characteristics of the physical environment may cause conflicts between the business and its stakeholders.


There are three main characteristics of the physical environment that contribute to the potential conflict between the business and the stakeholder.


1. Common Property: The very fact that air, water, soil, flora and fauna belong to the whole humanity and not to any individuals or groups make it a potential cause for conflict between business and its stakeholders.  When something belongs to everybody, everybody thinks that someone else will take care of the property.  We see this in our day-to-day life in the misuse of roads, common areas etc.  No one takes ownership of such common properties.  Business especially is vulnerable when stakeholders believe that the common property is misused by the business.  Many  of the disputes relating to large development projects (e.g. nuclear projects, ports, river valley projects etc.) may be attributed to the way common properties are used or perceived to be used by different stakeholders.


2. Multiple Use: The elements that form the physical environment have multiple uses.  For example, water is used for irrigation, horticulture, transportation, sports, cleaning, cooking, drinking, as a solvent, as a source for steam etc.  Different stakeholders have different use of the same element of the physical environment. When the resource is scarce and there are many stakeholders requiring the same for different uses, a conflict situation arises.  For example, if water is scarce, there is a potential for conflict between a manufacturing industry requiring plenty of water (e.g. paper and pulp) for its processes  and the villagers who require the water for irrigation and their day-to-day life.


3. Uncovered Cost: The third characteristics of the environment is the "Uncovered Cost". I asked the students to tell me as to how they would calculate the cost of their travel to IndSearch from their house.  The answer was typical: they would include the cost of petrol, cost of their time, cost of repairs and maintenance, cost of insurance, depreciation and interest etc.  But the cost of someone getting ill because of the emission of pollutants from their vehicle, someone taking leave because of illness caused by vehicular pollution, loss of productivity due to systems affected by vehicular pollution etc., are not included in the cost calculation.  In fact, this cost is distributed among the society.  That is the cost of pollution due to travel (externality)  which has not been internalized.  I gave you an estimate of about US $ 2,200,000,000,000,000 as the uncovered cost of the environmental damage caused by the 3000 largest corporations of the world in a year.  This amount is much higher than the GDP of many countries.  When such un-accounted damage is caused to the environment there is always a likelihood of conflict



Any society would like to avoid conflicts for development/ progress.  Societies use three different methods to avoid conflicts: a. Command and Control, b. Economic instruments and c. voluntary initiatives.

1. Command and Control refers to the acts, rules and regulations that are enacted or published by the Government. This can be from the National Government (in our case Governmet of India) such as the Environment (Protection) Act, Water (Prevention and Control of  Pollution) Act, Air (Prevention and Control of Pollution) Act, Hazardous Waste (Management & Handling) Rules etc.  Some of the rules may be published by the State Government.  For example, Maharastra Motor Vehicles Rules, Maharashtra Factories Rules etc.  Still more such command and control measures can come from the Municipalities, such as the Municipal Rules requiring housing societies to segregate waste into wet and dry waste and to have vermicompost pits for wet waste.

Command and Control is also applied by the international community.  For example, Kyoto protocol requires countries to cut down on their greenhouse gas emissions; some countries can get carbon credits for their GHG emissions reductions (CDM).  The Montreal Protocol is about the elimination of the use of chlorofluoro carbons (CFCs) which were responsible for reducing the ozone layer in the stratosphere; this ozone layer effectively blocked the ultraviolet radiation from the SUN from reaching the earth.  We have many such international conventions like the Basel Convention, dealing with trans-boundary movement of hazardous waste.

Command and Control measures are also used by countries to restrict the entry of products having certain characteristics from other countries. For example, the EU has Restriction of Hazardous Substances Directive (RoHS), which requires that any product that is exported to Europe does not contain substances like cadmium, lead, mercury, chromium (VI), polybromobiphenlys, polybromobiphenylethers. polychlorobiphenyls etc. (there are exemptions to this general rule).  Similarly the WEEE directive (Waste Electric and Electronics Equipment Directive) requires exporters to be responsible for taking back the product once the useful life of the product is over.  There are such rules/directives on energy use, asbestos, pentachlorophenol , packaging etc., throughout the world.

Such command and control measures help countries to have a control over the emissions and discharges and use of resources by business organizations in that country without  causing the businesses excessive cost.  Sometimes these rules are used as "non-tariff" trade barrier in the post WTO free trade regime, even though WTO is against such a practice.

2. Economic instruments are used generally influence the way people and organizations behave.  By providing tax concessions and cess reductions companies are encouraged to spend money on environmental technologies and improving environmental performance.  Some of the other economic instruments are a. Deposit - Refund system (returning of soft drink cans and get an amount in return), b. Emission trading (e.g. instead of spending money in control measures and becoming economically unviable, Government may allow businesses to purchase emission points from low emissions organization and maintain the overall concentration in the ecosystem within the allowed limit), etc.  Another economic instrument is Preferential Purchase, where the Government or a private company insists on purchasing products from a company whose environmental performance is good or its product is environmentally sound. Concessional interest rate is another economic instrument used by banks for environmentally sound investments.

3. While the business organization does not have control over command and control measures and the economic instruments in the domain of Government, it can have voluntatry initiatives positioning them above the requirement of the Government in terms of compliance and policy.  One such initiative is the establishment of ISO-14001, Environmental Management System. 


Monday, February 17, 2014

Lecture Notes on the first lecture delivered on 15 February 2014

Hi

Welcome to this blog!

In this blog I shall present a summary of what I teach you in the class every week.

Please use the comment section to ask me questions on the content of this blog.  We shall have a two way communication on the subject matter.

We spent a few minutes on the syllabus and the plan of teaching; the syllabus is covered under four headings, viz., 1. Building Blocks of CSR/Sustainability, 2. Standards & Codes, 3. Engaging the Stakeholder and 4. Cases and Papers for discussion.  The syllabus also provides you a list of books that will improve your understanding of the subject.

We shall aim to complete the course in about 18 classes of 90 minutes each.  Classes will be conducted on Saturdays; and there will be two classes (09.30 - 11.00 and 11.00 - 12.30 hrs) every Saturday till the middle of April 2014 (say till 12 April 2014).  We shall also have time for assignments and examinations within this time available to us.

With the Gazette publication of the Companies Act 2013, Corporate Social Responsibility (CSR) is no more a voluntary activity in India.

Section 135 of the Companies Act 2013 requires that:

a) companies which have net-worth  of Rs.500 Crores and more
b) companies which have an annual sales turn-over of Rs. 1000 Crores and more and
c) companies which have a net profit of Rs.5 Crores in a financial year

have to establish a CSR Committee at the Board level,

a) to formulate a CSR Policy
b) to suggest CSR projects and programmes and
c) to monitor the progress of these projects and programmes

The CSR Committee should have at least one independent director.

The Board should ensure that:

a) at least 2% of the average of net-profit (i.e. profit before tax) of the last three financial years are spent on CSR activities of the current financial year and the
b) amount is spent on local areas or the areas surrounding the operations of the company

We just made a quick calculation for Reliance Industries; the new Companies Act requires the Reliance Industries Ltd., to spend about Rs.1220 crores in the financial year 2014-15, the year in which the Companies Act 2013 comes into effect.  This is in contrast to Rs. 150 + crores spent by Reliance Industries in 2012-13.

Draft CSR Rules, 2013, requires that this money is spent on:

i) eradication of extreme hunger and poverty
ii) promotion of education
iii) promoting gender equality and empowering women
iv) reducing child mortality and improving maternal health
v) combating human immuno-deficiency virus, acquired immune deficiency syndrome, malaria and other diseases
vi) ensuring environmental sustainability
vii) employment enhancing vocational skills
viii) social business projects
ix) contribution to Prime Minister's National Relief Fund or any other Fund set up by the Central or State Governments for Socio-economic development and relief, and funds for the welfare of the Scheduled Castes and the Scheduled Tribes and Other Backward Classes, minorities and women and
x) such other matters as may be prescribed (by the Government)

The CSR Rules 2013 is still in the draft form; once it is published in the final form in the Gazette of India we will have more clarity on the specific requirements.

One of the positive aspects of the CSR Rules is its definition of CSR.  The draft CSR Rules 2013 defines CSR as:

"the process by which an organization thinks about and evolves its relationship with stakeholders for the common good, and demonstrates its commitment in this regard by adoption of appropriate business processes and strategies"

In short CSR is a strategic business process to manage the relationship with stakeholders for the common good

Some of the stakeholders that we could immediately identify are: (i.e. this list is not complete)

a) shareholders
b) employees
c) customers
d) Government
e) Non-Governmental Organization
f) Suppliers
g) dealers and distributors
i) investors
j) lenders
k) competitors
l) neighbours / surrounding community
m) society at large
n) flora and fauna
o) cultural and historical monuments and buildings
p) future generations

 A company (business organization) is expected to establish a positive (or better synergic)  relationship with the above stakeholders through its strategic business processes, collectively called CSR processes; such synergic relationships are likely to help the company to sustain itself for a long period, i.e.they help the company to be sustainable.

(Those who are interested to know more about the thinking of the Government of India on CSR may study the National Voluntary Guidelines on social, environmental and economic responsibilities published by the Ministry of Corporate Affairs, Government of India, in 2011.
http://www.mca.gov.in/Ministry/latestnews/National_Voluntary_Guidelines_2011_12jul2011.pdf)

The meaning of CSR has changed over time.  In the early part of the 20th Century till about 1970s, Corporate Social Responsibility meant the philanthropic activities of Corporates where they spent some amount of their earnings on social welfare activities.  For example, Tatas helped to set up the Indian Institute of Science, Bangalore, in 1908.  Similarly Tatas also have taken the responsibility for maintaining the township of Jamshedpur after the set up a steel plant there (now it costs them over Rs.500 Crores per year to maintain Jamshedpur). 

Over the period of time, at least in the last forty years, the meaning of CSR has changed.  We discussed the famous quote of Prof. Milton Friedman: "There is only one responsibility of business, namely to use its resources and engage in activities designed to increase its profits" (Ref: New York Times Magazine, 13 September, 1970).  We also discussed another famous quote from Prof. Peter Drucker: "Profit for a company is like oxygen for a person.  If you don't have enough of it, you are out of the game.  But if you think that you think that your life is about breathing, you are really missing something".  We have come a long way from Milton Friedman's analysis of CSR; now we consider CSR is strategic to the existence of a company ! CSR  is no more the philanthropic activities of the corporates alone, but the term encompasses  various strategic business process that are aimed at building good relationship with all its stakeholders! The changing world order, to an extent, is responsible for this expansion of scope of CSR; the world is ageing, globalization has changed the way business is carried out now, a few countries are emerging as areas of new economic activities (BRICA), customers have been empowered and they have many choices, Climate Change and Sustainable Development issues affect all stakeholders;   since all the stakeholders are part of the society in which the corporate operates, there is no distinction between Corporate Social Responsibility and Corporate  Responsibility.

In simple terms, CSR may be defined as the "Management of the interface between the organization and its various stakeholders to achieve the objectives of the business"

We have identified some of these "interface elements" as follows:


1.Resource Consumption and Eco-Efficiency/Resource Productivity
2. Wastes, emissions and discharges
3. Energy efficiency
4. EcoDesign or Design for Environment
5. Innovation in product and process design
6. Packaging design and logistics
7. Green Purchasing
8. Research & Development and Patents (intellectual rights)
9. Occupational Health & safety
10. Employee Compensation
11. Employee benefits
12. Labour Union
13. Inclusion and Diversity
14. Discrimination
15. Gender bias and harassment at the workplace
16. Insider trading
17. Bribery and corruption
18. Ethical working
19. Child and Forced Labour
20. Employee Productivity
21. Employee Morale and Loyalty
22. Fair and ethical behavior
23. Socially relevant business
24. Social Development programmes
25. Philanthropy /  Strategic Philanthropy
26. Ecological footprints
27. Emergency and Emergency Response
28. Response to Complaints
29.  Product Safety
30. Compliance with law
31. Brand Image
32. Exchange Rates
33. Interest Rates
34. Credit Rating
35. Stock Value
36. DJSI value
37. Profits and Dividends
38. Taxes
39. Niche Markets
40. New and Emerging Markets
41. Competition
42. Brand Image

In order to sustain for long a business organization needs to address all the above issues adequately at the same time.

A closer look at the various projects identified in the draft CSR Rules, 2013, shows that CSR embraces economic prosperity, environmental performance and social equity all at the same time.  These elements are essentially those which form the “Sustainability” of business organization.  "Sustainability" is also called the triple bottom-line approach, meaning an approach to enhance economic performance, environmental performance and social performance of a business organization all at the same time.  Because of the convergence of concepts,  all referring to strategies for the long term survival of the business organization, it is generally understood that CSR and Sustainability are synonymous.

“Sustainability“ is derived from “Sustainable Development”, a term used by Mrs. Brundtland in the UN Report “Our Common  Future” (See Chapter 2: para 1 of http://www.un-documents.net/our-common-future.pdf).  Sustainable Development has been defined by the Brundtland report as “the development that meets the needs of the present without compromising the ability of the future generations to meet their own needs”.  In a way, Sustainable Development is about using the renewable resources, such as water, soil etc., within the carrying capacity of the ecosystem and to find alternatives for the non-renewable resources, such as coal, oil etc., before they become exhausted.

New approaches are essential for promoting Sustainability.  As Einstein said "The World we have created today as a result of our thinking thus far has problems which cannot be solved by thinking the we thought when we created them".  We need to essentially think differently than what we did when we created environmental, social and economic problems.  Sustainability can not be achieved without innovative thinking, beyond "business as usual" thinking.

As an example I urged you to think about pollution differently.  While almost all of us thought "business as usual", when I presented the view of Prof. Buckminster Fuller: "Pollution is resources positioned not at their maximally effective location" you could realize the potential of "thinking differently".  We discussed about carbon dioxide at the exhaust of a motorcycle and the same carbon dioxide in a soda water bottle and the opportunity provided by the realization that after all carbon dioxide is a resource and if handled properly it not only provides environmental benefit but also economic benefit.  We also discussed about "fly ash" which was till recently a waste generated in thermal power plants which posed major environmental problem of handling and storing; now fly ash is used as a raw material for cement manufacturing and is no more considered as an environmental nightmare !