ORDINANCE NO

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO, TEXAS, ORDERING

A SPECIAL ELECTION FOR THE SUBMISSION OF CHARTER AMENDMENTS LISTED IN

THE PETITION RECEIVED PURSUANT TO TEXAS LOCAL GOVERNMENT CODE

SECTION 9.004 TO CREATE ARTICLE IX (CLIMATE POLICY) SECTIONS 9.1 (CLIMATE

POLICY); 9.2 (DEFINITIONS); 9.3 (CLIMATE DIRECTOR); 9.4 (CLIMATE DEPARTMENT);

9.5 (CLIMATE IMPACT OF CITY DECISIONS); 9.6 (TRACKING CLIMATE EMISSIONS); 9.7

(CLIMATE JOBS); 9.8 (SOLAR ENERGY); 9.9 (RENEWABLE ENERGY GOALS); 9.10

(MUNICIPALIZATION OF EL PASO ELECTRIC); 9.11 (CLIMATE DISASTER MITIGATION,

PREPAREDNESS AND RESPONSE); 9.12 (WATER CONSERVATION); 9.13 (ELIMINATION

OF IMPEDIMENTS TO RENEWABLE ENERGY); 9.14 (CLIMATE COMMISSION); 9.16

(SEVERABILITY)

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF El PASO,

TEXAS, THAT:

SECTION 1. A special election shall be held May 6, 2023, for the purpose of submitting to the qualified voters

of the City for their approval or disapproval of the proposed amendments to the Home Rule Charter of the City

of El Paso, Texas, set forth herein, in addition to those proposed Charter amendments submitted by the City

Council.

SECTION 2. The following measure amending the City Charter shall be submitted to the qualified voters of the

City at the special election in the form of the corresponding proposition in accordance with Section 9.004 of the

Texas Local Government Code and other applicable laws:

Measure K

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

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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; (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 gases. 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 “grey”

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.

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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 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.

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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.

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.

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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

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 cancelling 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

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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.

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 1

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 9.15-5 — 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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SECTION 3. PROPOSITION

That at such election, the amendment to the Charter of the City of El Paso ("Measure") shall be submitted to the

qualified voters of the City and official ballots for the election shall be prepared in accordance with the Texas

Election Code so as to permit the electors to vote for or against the proposed amendment, and with such

proposition to be expressed substantially as follows:

Proposition K

Should the City Charter be amended, as proposed by a petition, to add Article IX to create a climate policy

requiring the City to use all available resources and authority to accomplish three goals: to reduce the City’s

contribution to climate change, invest in an environmentally sustainable future, and advance the cause of climate

justice; to require the City Council to employ a Climate Director, who shall be appointed and removed by City

Council and report directly to City Council; to require the creation of a Climate Department to be directly overseen

by the Climate Director; to require the creation of a nine member climate commission appointed by City Council,

with recommending and investigative powers, for the purposes of overseeing the implementation and fulfillment

of a City climate policy, with removal of individual members only for incompetence or nonfeasance, misfeasance

or malfeasance in office; to require the creation of an annual goal for climate jobs and the adoption and

implementation of a policy that will transfer current City employees to climate work and provide a preference for

contractors who are able to advance the City’s climate policy; to require the creation of an annual Solar Power

Generation Plan for the City of El Paso and to require the City Manager to establish and maintain policies that

encourage the development of rooftop solar power generation capacity within the City of El Paso using existing

City facilities and require both new buildings and retrofitted buildings to include solar power generation capacity;

to require the employment of all available methods so that all 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; to require the City of El Paso to employ all available efforts to convert El Paso Electric

to municipal ownership; to require the City of El Paso to 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; to require the City of El Paso to ban the use of City water for fossil fuel industry

activities, defined to include El Paso Electric, outside of the city limits and prohibit the City of El Paso from

selling or transferring 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; to prohibit the City of El Paso from imposing any

fees, fines, or other financial or nonfinancial burdens that limit the purchase, use, or generation of renewable

energy and nullifying any such fees, fines, or other burdens in existence at the time the charter amendment takes

effect.

SECTION 4 – BALLOTS

The official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit

the electors to vote "YES" or "NO" on the proposition, with the ballots to contain such provisions, markings and

language as required by law, and with the proposition to be expressed substantially as set forth in section 3, above.

SECTION 5 – EARLY VOTING CLERK

Lisa Wise, El Paso County Elections Administrator, 500 E. San Antonio, Suite 314, El Paso, Texas, 79901, is

hereby appointed as Early Voting Clerk. Applications for ballot by mail must be received no later than the close

of business on April 25, 2023, sent to this address.

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SECTION 6 – EARLY VOTING

Early voting by personal appearance shall be conducted at the El Paso County Courthouse, located at 500 E. San

Antonio, El Paso, Texas 79901. In addition, early voting may also occur at such early voting polling places as are

designated herein or otherwise designated by the El Paso County Elections Administrator and posted at City Hall

by the City Clerk. The locations and hours for early voting by personal appearance shall be authorized for such

election as set forth in Exhibit “A,” which may be amended.

In addition, mobile voting stations may be authorized and used for early voting at publicly owned buildings in

the City as established by the El Paso County Elections Administrator. The City Clerk is authorized to make

corrections or revisions to the list of these mobile stations, including the respective hours for early voting by

personal appearance at these stations. The City Clerk is further authorized to make corrections or revisions to the

list of early voting stations as set forth above, including the respective hours for early voting by personal

appearance at these stations, and revise and correct all election notices regarding the early voting locations and

the mobile voting stations, and the dates and times for such voting.

For purposes of processing ballots cast in early voting, the election officers for the Early Voting Ballot Board

shall be appointed and designated in accordance with the provisions of the election agreement with El Paso

County.

SECTION 7 – NOTICE OF ELECTION

The City Clerk shall give notice of such election by posting a notice of such election in English and Spanish in

the Office of the City Clerk as provided by law and by publishing a copy of said notice in both English and

Spanish in a newspaper in the City as required by law. Additionally, in accordance with Section 9.004(c) of the

Local Government Code, notice shall be published in a newspaper of general circulation in El Paso on the same

day, in each of two consecutive weeks, with the first publication occurring on or before the 14th day before

election day. The notice shall contain a substantial copy of the proposed amendment.

The City Clerk shall deliver notice of this election to the County Clerk and voter registrar of El Paso County no

later than Tuesday, March 7, 2023, or as otherwise required by law.

SECTION 8 – VOTING MACHINES AND ELECTION RESULTS

Voting machines used for the conduct of the election, shall be procured, maintained, operated, sealed and the

votes therefrom tabulated pursuant to procedures established and authorized by the laws of the State of Texas.

The results of the election shall be certified, canvassed, and returned in the form and manner prescribed by law.

SECTION 9 – OTHER ACTION AND COMPLIANCE WITH APPLICABLE LAWS

The City Manager and City Clerk, in consultation with the City Attorney, are hereby authorized and directed to

take any additional action necessary to comply with provisions of the Texas Election Code or other state and

federal statutes and constitutions in carrying out the conduct of the election, whether or not expressly authorized

herein.

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SECTION 10 – SEVERABILITY

That should any part, section, subsection, paragraph, sentence, clause or phrase contained in this ordinance be

held to be unconstitutional or of no force and effect, such holding shall not affect the validity of the remaining

portion of this ordinance, but in all respects said remaining portion shall be and remain in full force and effect.

SECTION 11 – EFFECTIVE DATE

This Ordinance shall be in force and effect from and after the date of its adoption, and it is so ordained.

PASSED AND APPROVED this 7th day of February, 2023.

CITY OF EL PASO

Oscar Leeser

Mayor

ATTEST: APPROVED AS TO FORM:

Laura D. Prine Kristen L. Hamilton-Karam

City Clerk Senior Assistant City Attorney