EI NO: 33 PROCLAIMING THE CITY’S COMMITMENT TO END ALL TRAFFIC FATALITIES AND SEVERE INJURY ACCIDENTS IN ALBUQUERQUE THROUGH PARTICIPATION IN THE VISION ZERO PLEDGE

EXECUTIVE ORDER

TITLE:   PROCLAIMING THE CITY’S COMMITMENT TO END ALL TRAFFIC FATALITIES AND SEVERE INJURY ACCIDENTS IN ALBUQUERQUE THROUGH PARTICIPATION IN THE VISION ZERO PLEDGE

   WHEREAS, sixty nine (69) individuals were needlessly killed on Albuquerque roadways in 2018; and,

   WHEREAS, various City departments including the Office of the Mayor, the Department of Municipal Development, the Albuquerque Police Department, the Albuquerque Transit Department, the Albuquerque Office of Equity and Inclusion, the Albuquerque Department of Technology and Innovation, and the City of Albuquerque Planning Department recognize the need for action to increase safety and to prevent deaths and injuries on City streets; and,

   WHEREAS, City partners such as the Mid-Region Council of Governments (“MRCOG”), the New Mexico Department of Transportation, Albuquerque Public Schools, the University of New Mexico, and the County of Bernalillo have pledged to join with Albuquerque to meet this goal; and,

   WHEREAS, Vision Zero is a proven international framework for eliminating traffic deaths and serious injuries through intergovernmental and community partnerships leveraging resources and funds to ensure safe and efficient multi-modal transportation; and,

   WHEREAS, taking the Vision Zero pledge gives the City access to global best practices and resources; and,

   WHEREAS, the Albuquerque City Council enacted the Complete Streets Ordinance, O-14-27, in 2015 to utilize best practices for safe and efficient multi-modal transportation on City streets, and the City Council is currently updating the Ordinance to incorporate the proven best practices of the Vision Zero initiative; and,

   NOW, THEREFORE, I, Timothy M. Keller, Mayor the City of Albuquerque, by virtue of the Charter of the City of Albuquerque, do hereby:

   1.   Pledge the City of Albuquerque’s commitment to Vision Zero;

   2.   Order the immediate creation of a Vision Zero Task Force responsible for drafting an Albuquerque Vision Zero Action Plan within the next 12 months with the input of multiple City departments, our Vision Zero partners, and Albuquerque community members; and,

   3.   Order the Vision Zero Task force to submit the completed Albuquerque Vision Zero Action Plan to me for implementation no later than May 18, 2020.

   THIS EXECUTIVE ORDER does not create any legal rights or right of action on the part of any person or entity, and shall not serve as a basis for any challenge to ordinances, rules, regulations, policies, administrative instructions, or any other action or inaction by the City. This Executive Order supersedes any previous orders, proclamations, or directives to the extent they are in conflict with the terms above. This Executive Order shall take effect immediately.

 

______________________________ Timothy M. Keller Mayor   _____________________________ Effective Date

 

EI NO: 33 (pdf)

EI NO: 34 REDUCED EMISSION LIGHT AND HEAVY-DUTY CITY VEHICLES

EXECUTIVE ORDER

TITLE:   Reduced Emission Light and Heavy-Duty City Vehicles

PRIMARY DEPARTMENT:   Department of Finance and Administrative Services

   Understanding and dealing with climate change impacts is an imperative for major cities in the United States. It is in the current and future interests of both the City of Albuquerque (“City”) and its community members to manage City resources in the most environmentally reasonable and responsible manner.

   Traditional gasoline-powered vehicles are a primary source of emissions and, according to the Union of Concerned Scientists, account for approximately 20 percent of all emissions in the United States, with almost 20 pounds of heat-trapping emissions arising from tailpipes for every gallon of gas utilized by cars and trucks.

   Further, in the Albuquerque area, vehicles are the largest contributor of hazardous air pollutants and also emit carbon monoxide and precursors which form ground level ozone. These pollutants can cause lung damage and heart disease, shortening human lifespans. Reducing ozone precursors is especially important here because ozone concentrations in our air are close to the federal health-based limit. Vehicles are the primary source of nitrogen oxides, a key ozone precursor.

   The use of electric, alternative fuel, and hybrid vehicles has five benefits for our community: (1) reduce ground level ozone; (2) reduced harmful tailpipe emissions; (3) improved community health outcomes; (4) continued compliance with the Clean Air Act; and (5) reduced dependence on petroleum. Moreover, as the electric grid converts to solar, each electric vehicle replacement will eventually eliminate almost all emissions for that vehicle slot in the City fleet. Replacing traditional gasoline powered vehicles with electric, alternative fuel, and hybrid vehicles makes the City of Albuquerque part of the solution to global warming, just as every city should be, and just as municipalities are moving to do all over the country.

   Therefore, this Executive Instruction mandates that the City commit to developing and implementing a plan to optimize the fuel mix of the fleet of City vehicles by purchasing and, when appropriate, replacing existing traditional vehicles with electric, alternative fuel, and hybrid vehicles, taking into consideration the intended uses of such vehicles and potential for carbon, ozone, and air pollutant reduction.

REFERENCES:   Clean Air Act, 42 U.S.C. §§ 7401-7671q; Air Quality Control Act, NMSA 1978, § 74-2-1 to -17; City Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque, §§ 9-5-1-1 to –99; County Joint Air Quality Control Board Ordinance; Bernalillo County Ordinances, Art. II, Sec. 30-31 to -44; City Motor Vehicle Emissions Control, ROA §§ 7-8-1 to -14; City Improvements Program Intent; Scope § 2-12-1; City Vehicle Pollution Abatement §§ 7-12-1 to -5; City Prohibiting Unattended Delivery Vehicles From Being Left Idling § 8-5-1-41; City of Albuquerque Code of Ordinances §§ 8-6-25 to - 26; Albuquerque Code of Ordinances § 4-11; Albuquerque Code of Ordinances § 3-5-1(D); Albuquerque Code of Ordinances § 3-9-4(4); Albuquerque Code of Ordinances § 6-3-6; Albuquerque Code of Ordinances §4-2-3; City of Albuquerque, New Mexico, Administrative Instructions No. 4-3.

 

______________________________ Timothy M. Keller Mayor   _____________________________ Effective Date

 

EI NO: 34 (pdf)

EI NO: 35 DIRECTING CITY OF ALBUQUERQUE TO PROVIDE LANGUAGE ACCESS

EXECUTIVE ORDER

TITLE:   DIRECTING CITY OF ALBUQUERQUE TO PROVIDE LANGUAGE ACCESS

This Executive Order affirms the aspiration of the City of Albuquerque to provide equal access to City services for all people living in Albuquerque, including those with limited proficiency in English and those who use American Sign Language, closed captioning, and Braille. This Executive Order directs all city departments to create and implement a Language Access Plan.

   WHEREAS, the Albuquerque metropolitan area is home to 845,849 people. Of those, 67,357 speak little or no English and five percent report having a hearing disability. The most common languages other than English are Spanish, Dine, American Sign Language, Vietnamese, and Mandarin, all of whom have more than 1,000 speakers. We have an estimated 55,537 monolingual Spanish-speakers; 2,300 speakers of Northern Native American languages, predominantly Dine (1207); 2,063 mono-lingual Vietnamese speakers and 1,344 speakers of Mandarin. As well, we have hundreds of speakers of each of the following languages who speak English less than well: Japanese, Arabic, Tagalog, French, Korean, Russian, Thai, Gujarati, Pashto, Farsi, Dari and Swahili. These populations enrich our city with cultures, skills and abilities gained from their lived experiences, and all have chosen to live in Albuquerque.

   WHEREAS, the City seeks to make government services and resources easily available and understandable to all people living in Albuquerque, including non-English speakers and those with vision and communication disabilities; and

   WHEREAS, Title VI of the federal Civil Rights Act of 1964 states that "[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" and requires federal grant recipients to provide language access; and

   WHEREAS, Ordinance Ch. 11, Art. 3, adopted in 1973 and known as the Human Rights Ordinance, was created in order to preserve, protect and promote human rights and human dignity, to promote and encourage the recognition and exercise of human responsibility, to protect and promote equality of access to public good and services and to prohibit discrimination on the bases of race, color, religion, sex, national origin or ancestry, age or disability; and

   WHEREAS, Ordinance R-18-7, adopted in 2018, reaffirms Albuquerque as an Immigrant Friendly City, states the City's intent is to promote public safety, safeguarding the civil rights, safety and dignity of all residents and creating an environment conducive to all victims of violent crime seeking assistance; and

   WHEREAS, Ordinance R-18-7 supports the equal treatment of all persons and states that all persons who live within the City should have full access to all city services with respect and dignity, including public safety services and programs, regardless of their race, disability, national origin, gender identity, religion, sex, sexual orientation, ethnicity, economic or immigration status; and

   WHEREAS, Article VIII of the City Charter states that, "The Council shall preserve, protect and promote human rights and human dignity .... and shall prohibit discrimination on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap"; and

   WHEREAS, language access and use of technology to make information more accessible helps all residents, regardless of their ability or English proficiency, to have meaningful and equitable access to City services, programs, and stakeholder engagement; and

   NOW, THEREFORE, I, TIM KELLER, Albuquerque Mayor, hereby direct all City of Albuquerque departments to submit a Language Access Plan to the Office of Equity & Inclusion for review and approval by the Chief Administrative Officer and prioritize implementation of the Language Access Plan by taking the following actions:

   1.   The Office of Equity & Inclusion shall provide departments with a Language Access Plan Template to guide the development of each department's Language Access plan.

   2.   Each department shall submit a Language Access Plan to the Office of Equity & Inclusion for technical assistance review and approval by the Chief Administrative Officer.

   3.   Starting with the Fiscal Year 2023 Annual Budget request, each department will propose an issue paper for its annual budget to cover costs associated with implementation of its language access plan.

   4.   The Office of Equity & Inclusion shall provide departments with technical assistance for language access, including assistance with identifying language service providers and training.

   5.   The ADA Coordinator shall provide departments with technical assistance for making written, verbal and other types of communication more accessible through use of available tools such as read aloud and alt-text.

   6.   The Office of Equity and Inclusion shall prioritize technical assistance to departments involved in responding to health-and safety-related crises, immigrant integration, asylum-seeker and refugee relief, emergency preparedness and response, economic recovery programs, and emergent situations.

   7.   The Office of Equity & Inclusion is responsible for the following Language Access Program oversight duties:

      a.   Work with departments to finalize Language Access Plans before they are sent for approval to the Chief Administrative Officer.

      b.   Provide technical assistance for language services to all departments to include training department staff.

      c.   Provide strategic guidance to departments about best practices for working with Limited English Proficiency populations.

      d.   Oversee and maintain language service vendor lists, copies of translated documents, and data.

      e.   Conduct periodic, random reviews of departments to check for language accessibility.

Inquiries regarding this Executive Order should be directed to the Office of Equity and Inclusion at [phone].

 

______________________________ Timothy M. Keller Mayor   _____________________________ Effective Date

 

EI NO: 35 (pdf)

EI 36 CITY OF ALBUQUERQUE EXECUTIVE ORDER FOR EQUITABLE AND JUST IMPLEMENTATION OF JUSTICE40

EXECUTIVE ORDER

TITLE:   CITY OF ALBUQUERQUE EXECUTIVE ORDER FOR EQUITABLE AND JUST IMPLEMENTATION OF JUSTICE40

WHEREAS President Biden, in a historical signing made a commitment, setting as a goal that 40 percent of the overall benefits of Justice40 qualifying federal investments across all agencies flow to disadvantaged communities. Communities that are marginalized, underprivileged, underserved, and overburdened by legacy pollution, disinvestment and economic inequity;

WHEREAS that commitment is contained in Executive Order 14008, signed on January 27, 2021.

The categories of Justice40 investments include: climate change, clean energy and energy efficiency, clean transit, affordable and sustainable housing; training and workforce development; remediation and reduction of legacy pollution; and the development of clean water and wastewater infrastructure. This would be done through 17 Federal Agencies and over 445 Justice40 covered programs 1 with over $60 billion of unique federal funding for environmental justice;

WHEREAS in Executive Order 14008, the President directed the Director of the Office of Management and Budget (0MB), the Chair of the Council on Environmental Quality (CEQ), the National Climate Advisor, and White House Interagency Advisory Council in consultation with the White House Environmental Justice Advisory Council (WHEJAC) to jointly pursue the goal that 40 percent of the overall benefits of such investments flow to disadvantaged communities 2 . The Justice40 Initiative is a critical part of the Administration's whole-of-government approach to advancing environmental justice.

WHEREAS relevant City of Albuquerque departments will work with and invest in an interdepartmental collaboration with grassroots community leadership on the CABQ Justice40 Oversight Coordinating Committee (OCC). The primary goal of the OCC is to prepare and implement a five-year CABQ Justice40 Equitable and Just Administration Plan. This process will include support for two years of technical assistance for local community efforts and other support appropriate for Justice40 proposal submissions and monitoring results. The plan is to ensure successful implementation of Justice40 in our city that prioritizes federal investments for community-driven solutions addressing environmental and economic injustices in and with marginalized, overburdened and underserved communities;

WHEREAS Albuquerque's diversity is a major asset in addressing environmental injustice, yet systemic inequities and disparities hold us back. Albuquerque, the largest city in New Mexico with a population of over 560,000, consists of an essential complex cultural makeup from urban, agricultural and indigenous lifeways. Albuquerque neighbors the tribal nations of Pueblo of lsleta, Santa Ana Pueblo, To'hajiilee Navajo Chapter, Laguna Pueblo and Sandia Pueblo. Albuquerque is home to over 15,000 Dine peoples and urban natives of other tribes as well as many immigrant and refugee communities.

WHEREAS I, Mayor Tim Keller, believe that it is necessary to join departments and community together by fonning a Justice40 OCC to act immediately on the coordination of city agencies with community, state and federal counterparts to forward equitable community-driven proposals to be submitted to appropriate agencies for funding;

WHEREAS Albuquerque must invest in multigenerational community leadership that prioritizes the existing and emerging environmental and social crises. To achieve these goals, we must mobilize all of our assets-----communities, all levels of government, science and research, and businesses and industries-toward the development of just, equitable, and sustainable long-term holistic solutions with racial, environmental and economic justice as core goals and match the scale of the urgent challenges we face;

WHEREAS The Justice40 OCC will work with neighborhoods and grassroots coalitions to prioritize Justice40 investments to build healthy and sustainable communities through innovative community-driven solutions with government. This includes investments in local food systems, local and community choice energy, home ownership, water quality, wastewater infrastructure, fare-free renewable-based transitt pollution remediation, and employment and workforce development issues in the most burdened communities in our city;

WHEREAS President Biden's $1 trillion Infrastructure Legislation which passed November 6, 2021, is directed to invest $55 billion to expand access to clean drinking water for households, businesses, schools, and centers across the country. The investment covers rural towns to struggling cities, and addresses water and sewage infrastructure and eliminate lead service pipes, including in tribal nations and disadvantaged communities that need it the most;

WHEREAS the Bipartisan Infrastructure Law will deliver $65 billion to ensure that every American has high-speed internet access through a historic investment in broadband infrastructure and deployment;

WHEREAS $39 billion of new investment is available to invest in equitable transit, including the fare-free transit program and meeting other transit program needs for the next five years as part of the surface transportation reauthorization. In total the Bipartisan Infrastructure Law provides $89.9 billion in guaranteed funding for public transit over the next five years and over 39 Justice40 funded programs in Department of Transportation;

WHEREAS $65 billion will be invested in clean energy which will include building thousands of miles of new resilient transmission lines to facilitate the expansion of renewable and clean energy while lowering cost. The bill includes funding for innovative programs to support the development and demonstration, and deployment of cutting-edge clean energy technologies to accelerate our nation's transition away from fossil fuel dependence, including 146 Justice40 funded programs from the Department of Energy;

WHEREAS the Bipartisan Infrastructure bill will create community-impacted resilience and provide an investment of over $50 billion to protect against droughts, heat, floods, and wildfires, in addition to a major investment in weatherization;

WHEREAS the Bipartisan Infrastructure Legislation will deliver $21 billion, the largest investment in tackling legacy pollution by cleaning up Superfund and brownfield sites, reclaiming abandoned mines, and capping orphaned oil and gas wells. These projects will remediate environmental harm and address legacy pollution that harms the public health of communities and advance long overdue environmental justice by addressing infrastructure inequity, disinvestment, structural racism and legacy multigenerational adverse impacts;

WHEREAS through the President's Bipartisan Infrastructure Law, The Inflation Reduction Act and the American Rescue Plan, federal agencies are making historic levels of investment to advance environmental justice which will confront decades of underinvestment in disadvantaged communities and bring critical resources to communities that have been overburdened by discriminatory practices, legacy pollution, economic redlining, and environmental hazards; and

WHEREAS the City of Albuquerque seeks to ensure Justice40 investments to rehabilitate water and wastewater infrastructure, local food systems, expanded routes for fare-free renewable-based transit, affordable housing, home ownership, quality education, workforce development, increase local and community-owned renewable penetration; and

WHEREAS climate change and other historical injustices have impacted the health and quality of life for Albuquerque residents especially those in underserved communities of color and lowincome communities. This executive order puts in place an oversight infrastructure committee to further address the inequitable social, economic, and environmental conditions of Albuquerque calling on the input of our stakeholders in cooperation with city, state and federal governments towork closely and consistently together to secure funding for these initiatives; and

WHEREAS this executive order supports the 17 federal agencies listed under Justice 40 by creating an OCC appointed by the mayor that will coordinate with local and state agencies to assist in preparing applications that will assure maximum benefits to Albuquerque residents.

NOW, THEREFORE, I, Mayor Tim Keller, by virtue of the authority vested in me by the Charter and laws of the City of Albuquerque, order and direct as follows:

The establishment of the Justice40 Oversight Coordinating Committee (OCC) will consist of Department heads of each relevant city agency or their designee that are required to collaborate with state and federal agency counterparts including all relevant agencies involved in distributing qualifying Justice 40 federal funding.

I, Mayor Tim Keller, will also appoint seven community stakeholders to the Justice 40 OCC and work with our city department leads and federal partners who are forwarding the Justice40 Initiative, including guidance from those serving on the White House Environmental Justice Advisory Council, Council of Environmental Quality and Office of Management and Budget.

I, Mayor Tim Keller, will also appoint a City Representative as ex-officio Co-Chair of the Justice40 OCC to serve alongside a community environmental justice stakeholder as Co-Chair; The first meeting of the OCC will occur no later than one month after the signing of this Executive Order. Hereafter the OCC will meet monthly and as required to carry out the CABQ Justice40 Equitable and Just Implementation Plan.

In accordance with this Executive Order, the Justice40 OCC will guide the city in implementing Justice40 initiatives and creating equitable access to federal funding intended for our most vulnerable and disproportionately impacted communities.

Each city agency will work with an OCC coordinator to track projects that are being submitted to the federal agency that corresponds with their agency, ensure equity and participation of communities with greatest disproportionate impact and report progress regularly.

This Executive Order establishes a term by which the OCC will engage in the work of delivering community/government cooperative proposals to be submitted to the city covering the various federal agencies identified under Justice40 for funding, in accordance with the Bipartisan Infrastructure Legislation. American Rescue Plan Act, The Inflation Reduction Act, or any other federal funding sources that are/may become available during this process. The City of Albuquerque commits to a goal of 40% of targeted J40 related federal dollars coming to the city to be allocated to projects identified as legacy needs. These projects must be led by and with indigenous, POC, low-income and immigrant community residents and/or those with clear direct benefits for the most impacted and disadvantaged communities.

Inquires regarding this Executive Order should be directed to the Office of Equity and Inclusion at [phone].

 

______________________________ Timothy M. Keller Mayor   _____________________________ Effective Date

 

EI NO: 36 (pdf)

 

Notes

1	1 https://www.whitehouse.gov/wp-content/uploads/2022/07/Justice40-Covered-Programs-List_vl.1_07-15-2022.pdf
2	2 https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf