Executive order 52 – STATEMENT OF ADMINISTRATION POLICY AGAINST ADDITION OF INFRASTRUCTURE THAT EXPANDS THE SUPPLY OF FOSSIL FUELS IN NEW YORK CITY

WHEREAS, we face a clear global climate emergency, caused primarily by the burning of fossil fuels; and

WHEREAS, we all have a moral, economic, public health, and security imperative to act to protect our planet, fellow human beings, and future generations; and

WHEREAS, we must act, and act together at every level, as individuals, as cities, and as a global community; and

WHEREAS, climate action by cities can also address issues of inequality, including rising unaffordability, economic insecurity, wealth and health disparities, the expanding wealth gap, the lack of housing, the accessibility of public transit, aging infrastructure, and other major urban challenges; and

WHEREAS, through Executive Order26 of2017 the Mayor declared that, to protect our residents and all human beings from the effects of climate change, New York City will adopt the principles and goals of the Paris Agreement, which entered into force on November 4,2016, to deliver climate actions that support the critical goals of holding the increase in the global average temperature to below2 degrees Celsius above pre-industrial levels and of pursuing efforts to limit the temperature increase to 15. degrees Celsius above pre-industrial levels; and

WHEREAS,” 1.5 °C: Aligning New York City with the Paris Climate Agreement,”published pursuant to Executive Order26 of 2017, stated that “New York City must transition away from using fossil fuels and toward renewable energy,” and that, furthermore, “New York City must leverage its influence throughout the five boroughs and beyond its borders;” and

WHEREAS, New York City is committed to divest its pension funds from fossil fuels and to hold the fossil fuel industry accountable for the damages caused by its actions and its decades-long campaign of deception and denial about the risks of burning fossil fuels; and

WHEREAS, in April2019, New York City released OneNYC2050, NYC’s Green New Deal, and committed to confront our climate crisis and end.our reliance on fossil fuels in part by achieving carbon neutrality and l00% clean electricity; and

WHEREAS, adding infrastructure to expand the supply of fossil fuels will put the City on track to overshoot the Paris Agreement targets; and

WHEREAS, the City remains cognizant of the need to maintain public safety and welfare, including ensuring the provision of heat during cold weather, until existing infrastructure related to the use of fossil fuels can be phased out;

NOW, THEREFORE, by the power vested in me as Mayor of the City of New York, it is hereby ordered:

Section 1. Commitment to Ending the Expansion of Fossil-Fuel-Related Infrastructure. To ensure that New York City’s ambitious emissions goals are achieved, the City will not support the addition of infrastructure within its energy shed that expands the supply of fossil fuels via pipelines or terminals for the transfer of fossil fuels or via the construction of new fossil-fuel-based electric generation capacity.

Section 2. Comprehensive Review of Processes for Approving or Allowing Infrastructure that Expands the Supply of or Extends Reliance on Fossil Fuels. By December 31, 2020, the Mayor’s Office of Sustainability shall conduct a comprehensive review that identifies and evaluates City agencies’ processes for approving or allowing additional infrastructure that expands the supply of fossil fuels or contributes to extending the period of time during which there is reliance on the use of fossil fuels. Such review shall consider direct agency actions related to the use of such infrastructure and indirect actions, including real estate transfers, easements, or purchases that facilitate the addition of such infrastructure. This review shall also propose any regulatory or legislative changes that would help to further the purposes of this Executive Order.

Section 3. Regulatory Interventions Must Articulate the City’s Opposition to Infrastructure That Expands the Supply of Fossil Fuels. City agencies that speak on behalf of the City before regulatory bodies that oversee energy infrastructure shall articulate the City’s opposition to the development of infrastructure that expands the supply of fossil fuels via pipelines, new fossil-fuel-based electric generation capacity, or terminals for the transfer of fossil fuels.

Section 4. Agency Cooperation. In implementing and complying with this Executive Order, all agency heads are directed to cooperate fully with the Mayor’s Office of Sustainability, to take into account potential economic impacts, to consider the need to prevent disruption of the City’s existing fossil fuel supply, and to assess potential conflicts with contract requirements in existence as of this Executive Order’s effective date.

Section 5. Effective Date. This order shall take effect immediately.

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