Benicia’s Industrial Safety Ordinance: Multiple protections are necessary, not duplicative

A four-alarm fire broke out at the Port of Benicia Saturday, April 9, 2022. San Francisco Baykeeper, an organization that took legal action against the port and the Valero refinery over Clean Water Act violations and won, was on site, documenting the incident with video captured by drone. | SF Baykeeper.

By Betty Lucas, February 3, 2025

When it’s cold and raining outside, we keep warm and dry in a variety of ways: umbrellas, jackets, mitts and muffs. Multiple layers are not duplicative; they are often necessary. We protect ourselves, our homes and cars through insurance that covers theft, fire, landslides and floods. The same thing goes for protections against things we might not be able to see or feel, like pollution in our air and environment – as well as all too visible threats like potential fires and explosions.

These types of city protections may be codified into something called called an industrial safety ordinances (ISO). Such ordinances protect residents against industries that pollute, such as refineries, cement factories, etc.

No one ever regrets having strong insurance protection when they need it. Ask anyone in LA or Santa Rosa who lost their homes to fires.

All California cities with refineries have protection through ISOs, except Benicia,

On the Tuesday, February 4 City Council meeting, starting at 6 pm, Benicians have a chance to encourage every City Council member to unanimously pass a strong ISO.

LEARN MORE: Benicia looking to adopt Industrial Safety Ordinance

Why would any Council member vote against keeping us safe? Adopting an ISO with a strong oversight commission to monitor the law’s implementation is similar to each of us having strong insurance protections for when we need it.

Valero has opposed such a protective ISO because it knows it could be fined for various ISO violations. It claims that we don’t need an ISO with oversight because it’s duplicating services that already exist. This is not true. There are other agencies concerned with such matters, yet Valero’s history shows that there were not enough current protections in place to keep us safe from its polluting our air and not reporting this for many, many years. An ISO with a seat at the table will keep us informed of risks, hazards, accidents and violations, to provide the protection we need moving forward.

The City’s current Memorandum of Understanding with Valero has proven totally inadequate for protecting us. Having multiple checks and balances are necessary, not duplicative.

Your comments are encouraged. On February 4, please attend the Benicia City Council meeting in person, via Zoom, or email your thoughts to Mayor Steve Young: SYoung@ci.benicia.ca.us. The meeting is at Benicia City Hall, 250 East L Street.

Betty Lucas