El Paso, Texas, Proposition K, "Climate Change and Climate Justice" Charter Amendment (May 2023)

El Paso Proposition K
Election date May 6, 2023
Topic Local energy and Local environment
Status Defeated
Type Initiative

El Paso Proposition K was on the ballot as an initiative in El Paso on May 6, 2023. It was defeated.

A "yes" vote supported this charter amendment to:  • declare "three goals of paramount importance" for El Paso - (1) "reduce the city's contribution to climate change," (2) "invest in an environmentally sustainable future," and (3) "advance the cause of climate justice;" • require El Paso to use energy generated by renewable sources (defined as "energy generated without burning carbon or releasing greenhouse gasses"), with a goal of 100% by 2045; • require El Paso to use available efforts to convert El Paso Electric to municipal ownership;  • prohibit the sale or transfer of water for fossil fuel-related activities outside of the city limits; • prohibit fees and fines "that limit the purchase, use, or generation of renewable energy;" • have the city manager and climate director collaborate on creating climate jobs • create a nine-member Climate Commission appointed by the City Council and Mayor to make legislative recommendations to the El Paso City Council that would advance the amendment's goals and investigate matters regarding the city's implementation of the charter amendment.

A "no" vote opposed this charter amendment, thus not adding a new Article IX, titled Climate Policy, to El Paso City Charter.

Election results

El Paso Proposition K
Result		Votes	Percentage
Yes		9,190	18.43%
No		40,680	81.57%

Results are officially certified.

Source

Overview

What was Proposition K designed to do?

See also: Measure design

The charter amendment was designed to create a new article of the El Paso City Charter titled Climate Policy. The goals of the policy, according to the initiative, were to "reduce the city’s contribution to climate change," "invest in an environmentally sustainable future," and "advance the cause of climate justice.”

The measure was designed to establish the Climate Department and the Climate Director, which would have had the responsibility of carrying out the policy goals laid out in the charter amendment. Under the measure, the Climate Director would have been required to provide a climate impact statement to the El Paso City Council prior to any vote that may impact climate policy and would work with the City Manager to create climate jobs.

Under this measure, the Climate Policy would have established an energy goal to require El Paso to use energy generated by renewable sources (defined as "energy generated without burning carbon or releasing greenhouse gases"), with a goal of 80% by 2030 and 100% by 2045. Provisions within the Climate Policy that would have been established by the charter amendment included the creation of a solar energy plan, requiring available efforts to convert El Paso Electric to municipal ownership, requiring efforts to prepare the city infrastructure for extreme weather events, banning the sale or transfer of city water for fossil fuel-related activities outside of the city limits, and prohibiting fees that inhibit the purchase, use, and generation of renewable energy.

The charter amendment would have also established the Climate Commission, with responsibilities of the commission including making recommendations to the El Paso City Council in order to advance the goals of the Climate Policy, as well as investigating matters concerning the implementation of these goals.

How did this charter amendment get on the ballot?

See also: Path to the ballot

Organizers with Sunrise El Paso and Ground Game Texas submitted 36,360 signatures to city officials on July 25, 2022. The supporters of the initiative needed to submit at least 20,000 valid signatures in order to qualify for the ballot. On November 11, 2022, city officials determined that between 21,323 and 22,048 valid signatures were submitted.

Who supported and opposed this measure?

See also: Campaign finance

Ground Game Texas PAC led the campaign in support of the initiative. The PAC reported $41,114.35 in contributions and $18,756.41 in expenditures, according to campaign finance reports covering until April 26, 2023. Organizers with Ground Game Texas and Sunrise El Paso worked to place the initiative on the ballot.

Consumer Energy Alliance and Americans for Prosperity led the campaign in opposition to the initiative. Both campaigns reported a combined $548,250 in contributions and $562,306 in expenditures, according to campaign finance reports covering until April 26, 2023. Opponents of the measure included El Paso Electric and the El Paso Chamber of Commerce.

Did El Paso previously pass energy-related measures?

See also: Proposition C (2022)

In 2022, El Paso voters approved a bond measure, Proposition C, which issued $5.2 million to study and implement projects related to renewable energy and energy efficiency. Voters approved the measure by 50.63% to 49.37%. The measure included investments for solar panel installations, charging stations for electric vehicles, establishing transportation systems for bike paths and pedestrians, modernizing city facilities to meet green building standards, and developing strategies to manage flooding.

Measure design

Click on the arrows (▼) below for summaries of the different provisions of the charter amendment.

Climate policy: Establishment of climate policy

The charter amendment was designed to create a new article of the El Paso City Charter titled Climate Policy. The goals of the said policy, according to the initiative, were to "reduce the city’s contribution to climate change," "invest in an environmentally sustainable future," and "advance the cause of climate justice."

Prior to a vote on the El Paso City Council that impacted goals laid out in the climate policy, the measure would have required the climate director to produce a climate impact statement, which was defined in this measure as a statement of how the city’s decisions would impact climate policy. The climate impact statement, under this measure, also had to include how the city’s decision would impact the goals laid out in the policy, an analysis of fossil fuel emissions, a statement of climate jobs that may be created, a statement on whether a decision by the city would negatively impact historically underserved communities, and what alternatives may be available. Decisions that would have required a climate impact statement included adoption of the city budget; zoning decisions; right-of-way permits; developments to infrastructure including streets, roads, and bridges; capital improvement projects; new subdivision approvals; and procurement decisions.

Under this measure, a climate director would have been responsible for drafting a report on any emissions generated within the city limits.

Under this charter amendment, the climate director, in collaboration with the city manager, would have created an annual goal for the creation of climate jobs, which were defined in the measure as jobs that advance the climate policy goals, and the city manager would identify any opportunities to transition current city employees to positions that would qualify as climate jobs.

Under this measure, the climate director would establish a solar power generation plan, which would include a plan on how the city of El Paso would generate power through solar energy within the city boundaries, and the city manager would also establish policies to encourage the development of rooftop solar power generation capacity. El Paso would also have had to require efforts to prepare the city infrastructure, including the electric grid and other utilities infrastructure, for extreme weather events.

This measure was designed to ban the sale or transfer of city water for fossil fuel-related activities outside of the city limits. Under this measure, the city manager would have also had to prepare a report to the El Paso City Council within three months of adoption of the charter amendment to cancel any contracts that sell or transfer city water for fossil fuel related activities, as well as scheduling a vote by the City Council regarding the cancellation of such contracts. The El Paso City Council would not have been able to extend or renew these contracts.

Under this measure, the climate policy would have established an energy goal to require that El Paso use energy generated by renewable sources (defined as "energy generated without burning carbon or releasing greenhouse gasses"), with a goal of 80% by 2030 and 100% by 2045.

Climate Department: The establishment of the Climate Department and appointment of Climate Director

This charter amendment was designed to establish the climate department to be led by the climate director. Under this measure, the climate director would have been responsible for facilitating any policy goals laid out in the climate policy. The climate director would have had to produce a climate impact statement for proposals before the El Paso City Council and facilitate the creation of climate jobs. Among the duties listed in the measure, the climate director would also have represented El Paso regarding decisions that impact climate policy, including representing the city for 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.

A person who worked for the fossil fuel industry would not have been eligible to be appointed as climate director under this measure.

Climate Commission: Establishes a Climate Commission

Under this measure, a nine-member climate commission would have been appointed by the City Council and Mayor. The measure would have required the commission to make legislative recommendations to the El Paso City Council advancing the amendment's goals, as well as investigated matters regarding the city's implementation of the charter amendment.

El Paso Electric municipalization: Regarding the municipalization of El Paso Electric

Under this measure, the climate policy would have required El Paso to use available efforts to convert El Paso Electric to municipal ownership, and the city manager, in consultation with the climate director, would provide the El Paso City Council with an annual goal on the feasibility of this objective and actions that would need to be taken.

Fees and fines: Prohibits certain fees or fines

This measure was designed to prohibit fees or fines that inhibited the purchase, use, and generation of energy from renewable sources.

Text of measure

Ballot title

The ballot title for Proposition K was as follows:

“

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.

”

Full Text

The full text of this measure is available here.

Support

Ground Game Texas PAC led the campaign in support of the initiative.

Supporters

Organizations

• Earthworks
• El Paso Young Democrats
• Ground Game Texas
• Justicia Fronteriza
• Sunrise Movement
• Sunrise Movement El Paso

Arguments

• El Paso Climate Charter Campaign: "The El Paso Climate Charter supports small businesses, because the policy directs the City to protect historically underserved entities rather than big corporations. It also ensures that no fees, fines, or financial burdens are imposed on businesses that want cheaper electricity and it creates new economic opportunities for entrepreneurs by increasing access to climate-friendly funding."
• Miguel Escoto, organizer with Sunrise El Paso: "By law, the municipal government will be legally mandated to find climate jobs. This would increase the amount of jobs. It would increase the amount of job security."

Opposition

Consumer Energy Alliance and Americans for Prosperity led the campaign in opposition to the initiative.

Opponents

Officials

• U.S. Rep. Tony Gonzales (R)

Corporations

• El Paso Electric

Organizations

• El Paso Chamber
• El Paso Hispanic Chamber of Commerce

Arguments

• El Paso Electric: "Breaking up the utility would lead to higher costs for everyone by reducing the current benefits of economies of scale and scope and inject greater uncertainty into our economic development efforts … oversight by the City of a small municipal utility with limited generation assets may result in increased risks to customer rates, as well as uncertainty around the provision of safe and reliable service."
• Mia Romero, director of advocacy of the El Paso Chamber: "Renewable energy is not yet the most readily available, reliable or affordable option for those seeking to meet output demands, and would lead to the stunting of a range of industries in El Paso."

Campaign finance

See also: Campaign finance requirements for Texas ballot measures

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through March 26, 2023.

Ground Game Texas PAC was the PAC registered in support of the measure. The committee reported $41,114.35 in contributions and $18,756.41 in expenditures.

Consumer Energy Alliance and Americans for Prosperity were the PACs registered in opposition to the measure. The committees reported a combined $548,250 in contributions and $562,306 in expenditures.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$11,394.31	$29,720.04	$41,114.35	$18,756.41	$48,476.45
Oppose	$548,250.00	$0.00	$548,250.00	$562,306.64	$562,306.64
Total	$559,644.31	$29,720.04	$589,364.35	$581,063.05	$610,783.09

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of Proposition K
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Ground Game Texas PAC	$11,394.31	$29,720.04	$41,114.35	$18,756.41	$48,476.45
Total	$11,394.31	$29,720.04	$41,114.35	$18,756.41	$48,476.45

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.

Committees in opposition to Proposition K
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Consumer Energy Alliance	$548,250.00	$0.00	$548,250.00	$548,245.78	$548,245.78
Americans for Prosperity	$0.00	$0.00	$0.00	$14,060.86	$14,060.86
Total	$548,250.00	$0.00	$548,250.00	$562,306.64	$562,306.64

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Proposition C (2022)

El Paso voters approved of Proposition C, another initiative related to renewable energy, on November 8, 2022, by 50.63%-49.37% of the vote. The measure was designed to issue $5.2 million in bonds for renewable energy and resource-use efficiency improvements, and planning and requiring levying a tax sufficient to make repayments for the bond. The measure included investments for solar panel installations, urban heat, and climate action planning, as well as modernizing city facilities to meet green building standards.

Path to the ballot

See also: Laws governing local ballot measures in Texas

To place a citizen-initiated charter amendment on the ballot in El Paso in 2023, supporters of the initiative needed to submit at least 20,000 valid signatures. In 2023, Texas state law required valid signatures equal to either 20,000 signatures or 5% of voters in the municipality, whichever was smaller.

On July 25, 2022, organizers with Sunrise El Paso and Ground Game Texas submitted 36,360 signatures to get the initiative on the ballot. El Paso city officials verified that more than 20,000 valid signatures were submitted on November 11, 2022, and qualified the initiative for the ballot. The City Clerk verified that between 21,323 and 22,048 valid signatures. On January 24, 2023, the El Paso City Council voted 5-3 to place the climate charter as one measure on the ballot.

How to cast a vote

See also: Voting in Texas

See below to learn more about current voter registration rules, identification requirements, and poll times in Texas.

How to vote in Texas

Poll times

In Texas, all polling places are open from 7:00 a.m. to 7:00 p.m. local time. Texas is divided between the Central and Mountain time zones. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old.

The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters.

Automatic registration

Texas does not practice automatic voter registration.

Online registration

See also: Online voter registration

Texas does not permit online voter registration.

Same-day registration

Texas does not allow same-day voter registration.

Residency requirements

Prospective voters must reside in the county in which they are registering to vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Texas does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

State law requires election officials to conduct a check of registered voters' citizenship status. Section 18.068 of the Texas Election Code says the following:

“	The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Section 62.113, Government Code, to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary.	”
—Section 18.068, Texas Election Code

In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days. The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April. A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.”

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Texas requires voters to present photo identification while voting.

The following list of accepted ID was current as of February 2023. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information.

• Texas driver’s license issued by the Texas Department of Public Safety (DPS)
• Texas Election Identification Certificate issued by DPS
• Texas Personal Identification Card issued by DPS
• Texas handgun license issued by DPS
• United States Military Identification Card containing the person’s photograph
• United States Citizenship Certificate containing the person’s photograph
• United States passport (book or card)

Identification provided by voters aged 18-69 may be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired.

Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents:

• Copy or original of a government document that shows the voter’s name and an address, including the voter’s voter registration certificate
• Copy of or original current utility bill
• Copy of or original bank statement
• Copy of or original government check
• Copy of or original paycheck
• Copy of or original of (a) a certified domestic (from a U.S. state or territory) birth certificate or (b) a document confirming birth admissible in a court of law which establishes the voter’s identity (which may include a foreign birth document)

The following voters are exempt from showing photo ID:

• Voters with a disability
  • Voters with a disability "may apply with the county voter registrar for a permanent exemption to presenting an acceptable photo identification or following the Reasonable Impediment Declaration procedure in the county."
• Voters who have a religious objection to being photographed

Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.

See also

Local measures

• Local measures in 2023
• Local environment on the ballot

Texas

• Texas 2023 local measures
• Local ballot measures, Texas
• El Paso, Texas

News and analysis

• State and local preemption conflicts
• Measures advancing national agendas