Eugene voters ask judge to alter language of proposed gas ban measure
Three Eugene residents are asking a judge to alter the language that would appear before voters in May if a gas utility-backed group gets the necessary signatures to put Eugene’s natural gas ban on the ballot.
Eugene City Council voted 5-3 Feb. 6 to ban natural gas and other fossil fuel infrastructure in new homes, townhouses and other residential structures no taller than three stories. They cited concerns about climate and public health.
The ordinance was set to apply to building permit applications submitted on or after June 30. But the city must hold off on implementing it after the Eugene Residents for Energy Choice committee filed a prospective referendum petition.
The pause would continue until after the election if the measure qualifies for the ballot.
Environmental, public health and social justice advocates who backed the gas ban say the ballot title the city posted based on the prospective petition is not a sufficient, concise or fair definition of the ordinance, as is required by law. Ballot titles include a caption, question and summary of a proposed measure.
They’ve filed an appeal requesting changes that add context, such as information about the Climate Recovery Ordinance, which requires the city to reduce fossil fuel consumption by 50% of 2010 levels by 2030.
A Lane County Circuit Court judge will decide on the appeal.
Environmental advocates stress NW Natural’s involvement
David De La Torre, Aya Cockram and Timothy Morris filed the challenge one day after Eugene Residents for Energy Choice reported a $600,000 donation from NW Natural. The gas utility already had donated $51,401.31 through an in-kind contribution of voter data, office equipment, and the website domain.
The trio was “deeply disturbed” that NW Natural is working to overturn the ordinance.
The utility publicly opposed the ordinance, which would “protect public health and safety and reduce climate pollution,” said De La Torre, who directs health climate programming for Oregon Physicians for Social Responsibility.
Advocates describe their Friday filing as a signal they “are preparing to run an aggressive campaign to defend the policy from NW Natural’s efforts to roll it back.”
Appeal, memo argue ballot title is insufficient
Oregon law requires ballot titles to be clear, fair and unbiased, said Jan Hasselman, a senior attorney with Earthjustice, which is representing the petitioners challenging the ballot title.
A memo attached to the appeal adds the ballot title is insufficient because it doesn't describe the "chief purpose or major effect" of what people would vote on. The memo also argues some language in the ballot title is likely to mislead or prejudice voters.
Hasselman added the group hopes to “ensure every Eugene voter understands the stakes and importance of preventing dangerous fossil gas from being built into new homes.”
5 things to know:Opponents of Eugene's natural gas ban want it on the ballot
Advocates say the petition is the gas industry’s first attempt nationally to roll back local climate policy with a referendum petition.
Groups behind the ballot title appeal are stressing NW Natural’s involvement with Eugene Residents for Energy Choice, including monetary donations and links to the Portland attorney who helped form the petition committee.
The committee behind the measure needs to gather 6,460 certified signatures by March 10 to make the ballot. As of Monday, petitioners had collected 6,000 signatures, according to campaign manager Anne-Marie Levis. She told KVAL Tuesday the group had surpassed the required number of signatures.
Advocates propose alternative ballot title
The challengers have proposed an alternative ballot title with changes to all three elements.
Current | Proposed | |
Caption | Prohibiting Fossil Fuel Infrastructure in New Low-Rise Residential Buildings | Prohibits Fossil Fuel Infrastructure in Certain New Residential-Only Construction |
Question | Shall City prohibit fossil fuel infrastructure in new low-rise residential buildings starting June 30, 2023? | Shall City prohibit fossil fuel infrastructure (including piping for petroleum, coal, fossil gas) in certain new low-rise residential construction? |
Summary | If approved, measure would prohibit fossil fuel infrastructure in new lowrise residential buildings. “New low-rise residential buildings” are buildings never before used or occupied for any purpose, with a height of no more than three stories above grade, that include one or more dwelling units, and where occupants are primarily permanent in nature (30 days or more), including but not limited to detached one- and two-family dwellings, townhouses, manufactured dwellings, and multi-family residential buildings. Fossil fuel infrastructure that would be prohibited if measure is approved includes natural gas piping, fuel oil piping, and other fossil fuel piping or conveyance system within a building, that connects a source of supply to a fossil-fuel-burning appliance. Measure would not prohibit fossil fuel infrastructure in new mixed occupancy buildings that include a commercial use. If approved, measure’s prohibition on fossil fuel infrastructure in new low-rise residential buildings would apply to building permit applications, including those necessary to install a new manufactured dwelling, submitted on or after June 30, 2023. | Eugene’s Climate Recovery code requires the City and all businesses, individuals, and others living or working in Eugene to collectively reduce the total use of fossil fuels by 50% (compared to 2010 usage) by 2030.In February 2023, the City Council enacted Ordinance 20631, which is now before the voters for approval. If approved, this Ordinance amends Eugene’s Climate Recovery code to prohibit fossil fuel infrastructure in certain new low-rise residential buildings.“New low-rise residential buildings” are buildings never before used or occupied for any purpose, less than three stories high, and intended exclusively for permanent residential housing. Measure’s prohibitions do not apply to new mixed occupancy buildings that include a commercial use, or any existing buildings.“Fossil fuel infrastructure” includes piping for any fossil fuel — including coal, petroleum, and fossil methane or petroleum gas — that connects a source of supply to a fossil-fuel-burning appliance.If approved, Measure’s limited prohibition on fossil fuel infrastructure would apply prospectively to building permit applications submitted after the Measure becomes law. |
Gas Ban Measure Ballot Title Appeal Memo by Megan Banta on Scribd
Contact city government watchdog Megan Banta at mbanta@registerguard.com. Follow her on Twitter @MeganBanta_1.
This article originally appeared on Register-Guard: Environmental advocates ask judge to alter proposed gas ban measure
