***************VOTE NO ON THIS CLIMATE CHANGE HYSTERIA ***************
CLIMATE CHARTER FOR THE CITY OF EL PASO PROPOSITION K ELECTION DAY | MAY 6, 2023
BE IT ORDAINED BY THE VOTERS OF THE CITY OF EL PASO: Article IX of the Charter of the City of El Paso is hereby created, to be titled “Climate Policy” and to read as follows: ARTICLE IX — CLIMATE POLICY Section 9.1 - CLIMATE POLICY It is the policy of the City of El Paso to use all available resources and authority to accomplish three goals of paramount importance: first, to reduce the City’s contribution to climate change; second, to invest in an environmentally sustainable future; and third, to advance the cause of climate justice.
Section 9.2 - DEFINITIONS A. Climate change: a phenomenon that includes both (1) the ongoing increase in the overall temperature of the earth's atmosphere, attributed to the greenhouse effect caused by increased levels of carbon dioxide, chlorofluorocarbons, and other pollutants; and (2) the side-effects of that temperature increase, including melting glaciers, heavier rainstorms, and more frequent drought. B. Climate jobs: jobs that advance one or more of the City’s policy objectives of (1) reducing the City’s contribution to climate change, (2) investing in an environmentally sustainable future, and (3) advancing the cause of climate justice. C. Climate justice: ensuring that historically underserved communities do not bear a disproportionate share of the negative impacts of climate change, while at the same time investing in those same communities as part of the work to respond to climate change, mitigate its impacts, and build an environmentally sustainable society. For purposes of this analysis, “historically underserved communities” include Black, Indigenous, and people of color; people with disabilities; and people living at or below the poverty line. D. Climate impact statement: a statement of how major City decisions impact the City’s climate policy. The statement is to be prepared by the Climate Department under the supervision of the Climate Director. The elements of the climate impact statement shall include, at a minimum, the following elements: (1) a statement of how the proposed action fulfills the three aims of the City’s climate policy; (2) an analysis of fossil fuel emissions and other climate change impacts of the proposed action; (3) a statement of any climate jobs that will be created by the proposed project; 1 (4) a statement of whether the proposed action will negatively impact any historically underserved communities; and (5) a consideration of alternatives, if any, that would better advance the City’s climate policy. E. Fossil fuel industry: the companies involved in the fossil fuel economy, including (a) companies that extract fossil fuel products including coal, oil, and natural gas from the earth; (b) companies that transport fossil fuel products; (c) companies that turn fossil fuel products into sellable products, including companies that operate refineries and other fossil fuel production facilities; (d) companies that convert fossil fuel energy into electricity by methods such as burning coal, oil, and natural gas; (e) companies that sell electricity generated by the burning of fossil fuel products; (f) companies that provide services to assist companies that conduct any of the activities described under (a), (b), (c), (d), or (e); and (g) companies that finance fossil fuel activities such as those described above. El Paso Electric shall be considered part of the fossil fuel industry for purposes of this climate policy. F. Clean renewable energy: energy generated without burning carbon or releasing greenhouse gasses. Includes renewable energy sources such as solar, wind, hydroelectric, and geothermal. Includes hydrogen energy that is produced by splitting water by electrolysis (“green” hydrogen) or hydrogen produced by solar-driven processes, but does not include hydrogen energy produced using natural gas (“blue” or “gray” hydrogen) or nuclear (“pink” hydrogen). Section 9.3 - CLIMATE DIRECTOR
Section 9.3-1 — Appointment; Qualifications. The City Council, including the Mayor and District Representatives, shall appoint a Climate Director to serve as the lead City representative charged with fulfilling the Climate Policy. Such appointment shall occur at a publicly noticed meeting subject to the Texas Open Meetings Act. The City Council shall fix the Climate Director’s compensation. The Climate Director shall be appointed on the basis of qualifications to fulfill the City’s climate mandates of (1) reducing the City’s contribution to climate change, (2) investing in an environmentally-sustainable future, and (3) advancing the cause of climate justice. No person shall be eligible for appointment as Climate Director if they have worked in the fossil fuel industry.
Section 9.3-2 — Disclosure of investments. Prior to taking action to appoint a Climate Director, the City shall request and publish a Personal Financial Statement Report from the candidate, to include all fields included in Form PFS-TEC of the Texas Ethics Commission and to cover both the current calendar year and the prior calendar year.
Section 9.3-3 — Accountability; Removal. The Climate Director shall report directly to the City Council. The Director may be removed by resolution approved by the majority of the total membership of the City Council, with or without cause. Section
9.3-4 — Representative of the City of El Paso. Under the guidance and direction of the City Council and City Manager, the Climate Director shall serve as the City’s representative in local, state, and federal proceedings impacting the City of El Paso and its climate policy, including but not limited to proceedings under the Texas Commission on Environmental Quality, the Texas Public Utilities Commission, the Texas Railroad Commission, the 2 New Mexico Public Regulatory Commission, the Environmental Protection Agency, the Army Corps of Engineers, the Department of Energy, and the Federal Energy Regulatory Commission.
Section 9.4 - CLIMATE DEPARTMENT The City shall establish a Climate Department to be led by the Climate Director and provided with sufficient personnel and resources to carry out the Climate Policy and related duties and responsibilities herein described. The Climate Director shall be the chief executive officer of the Climate Department.
Section 9.5 - CLIMATE IMPACT OF CITY DECISIONS The Climate Director shall provide the City Council with a climate impact statement prior to any City Council vote affecting the City’s Climate Policy. Decisions that require a climate impact statement shall include, but not be limited to: adoption of the City budget and any amendments thereto; zoning decisions; right-of-way permits; new or expanded streets, road, highways, bridges and other significant infrastructure; capital improvement projects including proposed capital improvements put to the public in the form of bond issues; new subdivision approvals; and procurement decisions. In addition, the City Manager shall collaborate with the Climate Director to prepare an annual climate impact statement for City activities, with specific analysis of the climate impact of each City department. The City Manager shall ensure that the Climate Director has access to City information on an ongoing basis to allow for ongoing monitoring and analysis of the City’s climate impact.
Section 9.6 - TRACKING CLIMATE EMISSIONS The Climate Director shall prepare an annual report on climate impacts for the City of El Paso, to include all emissions generated within the City limits. The Climate Director shall be authorized to collaborate with outside research institutions and consultants to develop and prepare the annual emissions report.
Section 9.7 - CLIMATE JOBS
Section 9.7-1 — Annual goal for climate jobs. The City Manager shall collaborate with the Climate Director to create an annual goal for the creation of climate jobs, including specific goals for each City department. This goal shall be announced when the City Manager proposes the City’s annual budget.
Section 9.7-2 — Preference for climate jobs when new funding becomes available. Whenever the City becomes eligible for new funding, including new funding due to tax increases, grants from the Texas government, grants from the United States government, grants from private entities, contracts, or other funding opportunities, the City Manager shall ensure that such funds are used to create climate jobs and associated training programs, whenever such jobs are consistent with funding requirements, City needs, and available resources.
Section 9.7-3 — Transitioning current City employees to climate work. 3 As part of the City Manager’s annual goal for climate jobs, pursuant to
Section 9.7.1, the City Manager shall identify opportunities to transition current City employees into positions that would qualify as climate jobs. This requirement shall not be construed to encourage elimination of any existing City employee; rather, the City Manager shall identify opportunities to transition existing personnel into new positions, with equal or superior pay and benefits, that would advance the City’s climate policy.
Section 9.7-4 — Preference for contractors who advance the City’s climate policy. The City Manager shall adopt and implement a policy, subject to City Council approval, that will provide a preference for contractors who are able to advance the City’s climate policy, so long as such contractors can provide services in a manner that is consistent with City needs and available resources.
Section 9.8 - SOLAR ENERGY
Section 9.8-1 — Solar Power Generation Plan. The Climate Director shall create an annual Solar Power Generation Plan for the City of El Paso. This plan shall include a feasibility analysis to describe how the City can develop internal capacity to generate energy for the City through solar power.
Section 9.8-2 — Rooftop solar power generation. The City Manager shall establish and maintain policies that encourage the development of rooftop solar power generation capacity within the City of El Paso. These policies shall encourage development of rooftop solar power generation using existing City facilities and require both new buildings and retrofitted buildings to include solar power generation capacity whenever feasible.
Section 9.9 — RENEWABLE ENERGY GOALS The City of El Paso shall employ all available methods to require that energy used within the City is generated by clean renewable energy, with the goals of requiring (1) 80% clean renewable energy by 2030 and (2) 100% clean renewable energy by 2045. Within one year of the adoption of this Climate Policy, the City Manager and Climate Director shall produce a plan for the City to achieve its renewable energy goals. In developing this plan, the City shall include consideration of public transportation, solar power generation at City facilities, and energy efficiency of City buildings. The City Manager and Climate Director shall provide a joint, annual report to the City Council to chart progress toward these goals.
Section 9.10 — MUNICIPALIZATION OF EL PASO ELECTRIC The City of El Paso shall employ all available efforts to convert El Paso Electric to municipal ownership. In consultation with the Climate Director, the City Manager shall provide the City Council with an annual report to describe the feasibility of converting El Paso Electric into a municipal electric company, including any actions required to advance this objective.
Section 9.11 - CLIMATE DISASTER MITIGATION, PREPAREDNESS AND RESPONSE 4 The City of El Paso shall undertake all necessary efforts to prepare city infrastructure to withstand extreme weather conditions and ensure uninterrupted provision of basic services and utilities to City residents. In consultation with the Climate Director, the City Manager shall create an annual Climate Disaster Mitigation and Preparedness plan. This report shall include provisions to protect water quality and quantity, create a resilient electric grid, and protect residents during extreme weather events. Section
9.12 - WATER CONSERVATION
Section 9.12-1 — Ban on using City water for fossil fuel industry activities outside of the city limits. The City of El Paso shall not sell or transfer any water for purposes of fossil fuel industry activities outside of the city limits, or otherwise allow any City water to be used for such purposes, except as provided in Section 9.12-2.
Section 9.12-2 — Cancellation of City contracts subject to the ban. To the extent that any contracts to sell or transfer City water for fossil fuel industry activities outside of the city limits were enacted prior to adoption of this charter provision, the City Manager shall prepare a report to the City Council, within three months of the adoption of this charter amendment, identifying the relevant contracts and presenting all available methods for canceling such contracts. To coincide with the presentation required by this section, the City Manager shall schedule a public vote by the City Council to consider cancellation of each applicable contract. This section shall not be read to permit the City to extend or renew any existing contracts subject to this provision.
Section 9.13 - ELIMINATION OF IMPEDIMENTS TO RENEWABLE ENERGY The City shall not impose any fees, fines, or other financial or nonfinancial burdens that limit the purchase, use, or generation of renewable energy. Any such fees, fines, or other burdens in existence at the time this charter amendment takes effect are hereby null and void, including but not limited to interconnection fees. Section 9.14 - CLIMATE COMMISSION
Section 9.14-1 — General. The Climate Commission exists for the purposes of overseeing the implementation and fulfillment of the City’s Climate Policy and related provisions of this article. The Commission shall establish its own procedures within the framework of this charter to carry out these functions.
Section 9.14-2 — Functions and duties of the Climate Commission. Special meetings shall be held as required for the proper discharge of the duties of the Commission, due notice having been given. Five members of the Commission will constitute a quorum. It shall be the duty of the Commission to: (1) Recommend to the Council adoption of legislation and policy that will advance the City’s Climate Policy and related charter provisions; and (2) Investigate matters concerning the City’s implementation and fulfillment of the Climate Policy and related charter provisions. 5
Section 9.14-3 — Appointment. The Commission shall consist of nine persons appointed by the Council. Each City Council member, including the Mayor, shall nominate one person to the Commission. Appointments shall be for three-year terms. All terms shall commence on February 1st. As part of the appointment process, each City Council member who nominates a person for appointment shall provide a written statement in support of the nominee’s qualifications to serve on the Commission. If a Commissioner resigns their commission or otherwise ceases to serve on the Commission, the City Council member representing that district shall nominate a replacement in a manner consistent with this charter to complete the remainder of the replaced Commissioner’s term.
Section 9.14-4 — Qualifications. Commission members shall be members of the El Paso community who have specific expertise and experience that will help the City advance its Climate Policy, with a preference for residents who have been negatively impacted by climate change or who represent communities that have been negatively impacted by climate change. No person who worked in the fossil fuel industry shall be appointed to the Commission. Members of the Commission must be residents of the City at the time of their appointment and remain a resident of the City throughout their term of office. Commission members must reside in the District represented by that City Council member who appointed them.
Section 9.15-5 — Compensation. Members of the Commission shall serve without salary.
Section 9.15-6 — Staff. The Climate Director shall be responsible for providing staff support to the Climate Commission. Section 9.15-7 — Organization. The Commission shall elect from its members a Chairman and a Vice-Chairman, each for a term of one year. The Chairman may not be re-elected for successive terms. Section 9.15-8 — Removal. Members of the Commission will not be removed from office except for incompetence or nonfeasance, misfeasance or malfeasance in office, such as neglect of duty or refusal to perform the duties imposed by this Charter. Action may be initiated in writing by any member of the Council or Commission. Any removal will require an affirmative vote of two-thirds of the Council. Section 9.16 - SEVERABILITY If any portion of this Article shall be deemed unlawful by a court of law, that portion shall be severed from the Charter and the rest shall continue in force. – – – –
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