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Resolution No. 14.111
RESOLUTION CALLING AN ELECTION REGARDING PROPOSED
INITIATIVE MEASURE TO IMPOSE A BAN ON HYDRAULIC FRACTURING
WITHIN UTT'E COUNT
WHEREAS, on June 5, 2014, a proposed county-wide initiative entitled "Fracking Ordinance for Butte
County—Ban on Hydraulic fracturing" was submitted to the Butte County Elections Official by the proponents
thereof, and
WHEREAS, on June 9, 2014 the County Elections Official received a letter dated June 6, 2014 from an
attorney with Nielsen, Merksamer, Parrinello, Gross & Leoni, I,1.,I' (Nielsen Merksamer) alleging that the
Initiative Petition contained three facial defects, and
WHEREAS, after consultation with the Office of County Counsel, the County Elections Official
concluded that the Initiative Petition contained two of the three defects called out in the June 6, 2014 letter°, and
WHEREAS, on June 16, 2014,. the County Election Official sent a letter to the proponents of the
Initiative petition rejecting the petition on the: grounds that it did not includes a mandatory"enacting clause's as
required by Elections Code Section 9124 and that the petition failed to meet the formatting requirements of
Elections Code section 9105, and
WHEREAS, the letter to the proponents also informed the proponents that they may seek to, have the
procedural defects waived through appropriate relief in court; and
WHEREAS, on July 11, 2014,. the proponents filed a Petition for Frit of Mandate with the butte
County Superior Court asking the Court to waive the defects and require the County Elections Official. to accept
the initiative; and
WHEREAS, a hearing 'on the Writ was held on July 23, 2014 and the Count granted the Writ, thereby
waiving the;two procedural defects and ordering the County Elections Official to accept the Initiative Petition;
and
WHEREAS, on July 29, 2014, the Elections Official certified the results of"her examination to this
Board pursuant to Elections Code, Section 91.15; and
WHEREAS, said certification was received by this Board and accepted at its regular meeting on July
2.9, 201.4% and
WHEREAS, on July 29, 2014 the Board of Supervisors requested a report pursuant to Section 9111 of
the Elections Code; and
WHEREAS,the Board received the report pursuant to Section 9111 of theElections Code on August
26, 201,4; and
WHEREAS, this Board has determined not to adopt the initiative ordinance and has determined instead
to submit the ordinance to the County voters at the next statewide election to be held on June 7, 2016.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Butte, State
of California, as follows:
1. The Board hereby calls an election to be held within the County of Butte on June 7, 2016,
pursuant to Elections Code, Section 9118.
2. The text of the Ordinance to be submitted to the voters is attached as Exhibit A and incorporated
herein by this reference.
3. Said elections shall be consolidated with the statewide election to be held on June 7, 2016.
4. Said election shall be held and conducted pursuant to the procedures specified in Part 3 of
Division 10 or the Elections Code commencing at Section 10400.
S. For the purposes of this election the "County voters" shall include all voters in the County,
including voters in the incorporated areas of the County.
6. In accordance with Elections Code, Section 13119, the question to be submitted to the voters of
the County shall read as follows:
Shall the ordinance entitled "Ordinance Imposing a Ban on Hydraulic Fracturing Within
Butte County" be adopted?
YES
NO
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Butte,
State of California, held on August 26, 2014, by the following votes:
AYES: Supervisor Connelly, Wahl, Kirk, Lambert and Chair'['eeter
NOES: one
ABSENT: None
NOT "TING:VONone
D
"ER, Chair OUG TEET
Butte County Board of Supervisors
ATTEST:
PAUL HAHN, Chic' Administrative Offi r
and Clerk of the Bo rd of Supervisors
By:
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EXHIBIT A
Initiative Measure to be Submitted Directly to the Voters
The county counsel has prepared the following title and summary of the chief purpose and
points of the proposed measure:
1. Ballot Title: Ordinance Imposing a Ban on Hydraulic Fracturing Within Butte County.
2. Summary: The proposed ordinance defines "hydraulic fracturing" as techniques
used in preparing a well that, in whole or in part,typically involve the pressurized
injection of water and chemicals,compounds, and materials into an underground
geologic formation to expand existing fractures or create new fractures in that
formation, thereby causing or enhancing the production of oil or gas from a well.
Included in the definition are the terms "fracking," "hydrofracking" hydro fracturing"
"unconventional well stimulation," and any other nontraditional oil and gas recovery
techniques, including procedures commonly referred to as "acidization," "acid
fracturing," and "gravel packing".
The ordinance finds that hydraulic fracturing is a new and distinct land use that has not
been approved by Butte County;is a type of land use that is incompatible with other land
uses in Butte County; uses extensive amounts of water, thus reducing the availability of
water for agricultural, residential, commercial and other public uses; the use and disposal
of toxic chemicals in fracking operations can cause serious harm to the surface and
groundwater supply and contaminate the land either directly or through leaky wells;
generates numerous types of air pollutants, including volatile organic compounds
("VOCs"), methanol,formaldehyde,and carbon disulfide which can result in serious
regional air pollution problems and contribute to smog formation;contributes to the
risk and severity of earthquake activity.
The ordinance would:
a)Impose an immediate ban on land use involving hydraulic fracturing and related
activities, including the disposal of fracking byproducts within the County's
boundaries.
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b) Require full public disclosure and testing of all existing fracking sites and injection/
disposal wells,and allow government access and testing of the chemicals used in
fracking operations.
c)Exempt all vested rights in well stimulation. A person claiming a vested right must
demonstrate to the County through clear and convincing evidence that a vested right
exists. If proven to exist, the vested right shall expire upon completion of the first
occurrence of the claimant's well stimulation.The drilling,maintenance,or operation
of an existing well does not constitute a vested right to use fracking or other
unconventional well stimulation.
d) Requires appropriate amendments to the Butte County General Plan within the
elements of land use, water, and air quality_
The ordinance shall remain in effect until the Butte County Board of Supervisors
determines that the state has enacted and enforced regulations that provide sufficiently
thorough protections to public health and safety, and natural resources of the state,
including full and advance public disclosure and testing of all fracking sites and
injection/disposalwells while allowing government access to and testing of the chemicals
used in specific fracking and related operations.
Text of the Initiative Measure
WHEREAS,"Hydraulic fracturing"means techniques used in preparing a well that, in
whole or in part, typically involve the pressurized injection of water and chemicals,
compounds,and materials into an underground geologic formation in order to expand
existing fractures or create new fractures in that formation, thereby causing or enhancing
the production of oil or gas from a well.For the purposes of this ordinance,hydraulic
fracturing shall include the terms "fracking," "hydrofracking," "hydrofracturing,"
"unconventional well stimulation,"and any other nontraditional oil and gas recovery
techniques,including procedures commonly referred to as "acidization,""acid fracturing,"
and "gravel packing"; and
WHEREAS, hydraulic fracturing is a new and distinct land use that has not been approved
by Butte County; and
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WHEREAS, hydraulic fracturing is a type of land use that is incompatible with other land
uses in Butte County; and
WHEREAS, fracking uses extensive amounts of water thus reducing the availability of
water for agricultural, residential,commercial and other public uses; and
WHEREAS, the use of toxic chemicals in fracking operations and the subsequent need to
dispose of the residue from fracking activities (e.g.through injection wells)can cause
serious harm to the surface and groundwater supply and contaminate the land either
directly or through leaky wells; and
WHEREAS,air quality and the effect of emissions of pollutants are of major concern to
public health, safety and welfare of Butte County residents;and fracking activities are
known to generate numerous types of air pollutants,including volatile organic compounds
("VOCs"), methanol, formaldehyde, and carbon disulfide;and fracking can result in
serious regional air pollution problems and contribute to smog formation;and
WHEREAS, hydraulic fracturing and disposal of fracking byproducts by injection
contribute to the risk and severity of earthquake activity; and
WHEREAS, the prosperity, health, safety and well-being of Butte County citizens depend
on the availability of clean water, unpolluted air and land free from contamination; and
WHEREAS,state law and the California Constitution expressly reserve the authority of
local governments to determine the zoning and land use appropriate for each county.
THEREFORE, BE fT RESOLVED that the County of Butte does hereby declare its right
and responsibility to preserve the integrity of local water, land and air quality as the
foundation for economic, environmental and human health security by adopting the
following ordinance:
1) An immediate ban on land use involving fracking, acidization,and other well
stimulation techniques,and related activities, including the disposal of fracking
byproducts within the County's boundaries;
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2) Full public disclosure and testing of all existing (racking sites and injection/disposal
wells, and allowing government access and testing of the chemicals used in fracking
operations;
3) This ordinance shall exempt any and all vested rights in well stimulation. A person
claiming a vested right must demonstrate to the County through clear and convincing
evidence that a vested right exists. If proven to exist,the vested right shall expire upon
completion of the first occurrence of the claimant's well stimulation. The drilling,
maintenance, or operation of an existing well does not constitute a vested right to use
fracking or other unconventional well stimulation;
4)The passage of this ordinance shall require, as needed,amendments to the Butte County
General Plan within the elements of land use, water, and air quality;
5)This ordinance shall remain in effect until the Butte County Board of Supervisors
determines that the State has enacted and enforced regulations that provide sufficiently
thorough protections to public health and safety, and natural resources of the state,
including full and advance public disclosure and testing of all fracking sites and
injection/disposal wells while allowing government access to and testing of the chemicals
used in specific(racking and related operations.
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