By Stephen Golub, originally published in the Benicia Herald on September 29, 2024

Images added by BenIndy.

Benicia has two big votes coming up this fall. The more prominent one is our Nov. 5 general election vote for city officials and on city tax measures. But around that time, the City Council will also vote on an Industrial Safety Ordinance (ISO) that will enable us, for the first time, to directly address the threats to our safety and health repeatedly posed by the Texas-based Valero Energy Corporation’s Benicia refinery.

Right now, we’re the only Bay Area community that hosts a refinery but does not have an ISO. Adopting one means a role for Benicia in monitoring, investigating and if necessary fining Valero’s inadequately informing us about its accidents, incidents, violations and operations.

What’s more, various regulatory agencies have left us out of the loop when it comes to such matters vital to our own safety and health. An ISO gives us a seat at the table and greater incentives for Valero to keep us informed.

Unfortunately, in both public meetings and public comments on a draft ISO prepared by a Council subcommittee, Valero has voiced resistance, hostility and even implicit legal threats toward the kind of ordinance that the other Bay Area refineries survive and thrive with.

The need for an ISO boils down to a question of trust – in Valero itself and in our elected officials. Unfortunately,  one City Council candidate in particular, Republican Lionel Largaespada, triggers doubts about where he stands.

I’ll emphasize that distrusting Valero doesn’t mean doubting the integrity, hard work and dedication of its employees and contractors, many of whom are our wonderful neighbors and friends.

I’ll add that I don’t doubt Mr. Largaespada’s commitment to Benicia. I salute him for his participation in community affairs and the civil manner in which he conducts himself – and kudos to other recent Council candidates and members as well. In these troubled political times, we need all the civility we can get.

But major corporate decisions are made at corporate headquarters – in this case, San Antonio.

And participation and civility don’t necessarily translate into adequate emphasis on public safety and health.

So let’s consider some salient facts.

With Mr. Largaespada’s support, for years Valero tried to bulldoze its dangerous “crude-by-rail” proposal to adoption by the City Council, only to thankfully fail in 2016. Amazingly, this push started at around the same time as the infamous 2013 Lac-Megantic disaster occurred. That tragedy, named for the small Quebec City that it decimated and where it claimed 47 lives, took place when an oil train derailed, caught fire and exploded.

That incident is by no means the only time that potentially deadly derailments and resulting fires and/or massive oil leaks have taken place in North America. By one count, there were 21 such accidents in the subsequent eight years, including two just up the coast in Oregon and Washington.

The Benicia refinery’s own list of violations, accidents and incidents is far too long for me to recount here, as is a similar list of Valero transgressions across the country. So I’ll just remind readers of this 2022 revelation by the Bay Area Air Quality Management District: For well over 15 years Valero released toxic emissions, hundreds of times the legal limits, into our air without informing Benicia.

As summarized in 2022 by a top Air District official, “The Air District is saying that that Valero knew or should have known that these emissions should have been reported and they knew or should have known that these emissions should have been minimized.”

(Note, by the way, that it took nearly three years for the Air District itself to tell the City of these violations even after it became aware of them in 2019 – yet another reason why Benicia needs a seat at the table, to avoid being left in the lurch.)

Then there’s Valero’s spending many hundreds of thousands of dollars on political action committees (PACs) during several recent election cycles to advance its interests, often through misleading ads that boosted Mr. Largaespada as recently as 2022 during his unsuccessful campaign or that trashed other candidates in mean and misleading ways. While he has commendably disassociated himself from such tactics, we should not be blind to the fact that Valero has decided who is most likely to butter its bread.

Against this backdrop, it’s additionally disappointing that the one ISO-related matter Mr. Largaespada chose to highlight in his September 25 letter to the Herald’s Forum page is the comments on the draft ISO by the Certified Unified Program Agency (CUPA). If you haven’t heard of this county agency, which is supposed to help protect us against hazardous materials, there’s a reason: It’s proven rather toothless, at least when it comes to Valero.

Yet rather than seeking to partner with Benicia in advancing public safety and health, CUPA’s comments fret about overlap. That’s unfortunate. Mr. Largaespada’s focus on that rather than Valero’s questionable track record, the benefits of an ISO or the support of the Air District and many other authorities for an ISO is equally regrettable.

So what can concerned Benicians do?

 

Contact the current City Council members to voice support for a strong ISO and for a vote to take place on it before the November 5 election. Though the Council unanimously backed this in principle nearly a year ago, the process has dragged for so long that getting a vote done by that date is now in doubt.

Similarly contact all Council candidates to ask that they all support a strong ISO and its effective implementation, and that they declare that support before the election. They know enough about what the ISO will entail to get them to commit to it. Benicians have a right to know where they stand.

Be on the lookout for yet more massive, misleading PAC spending by Valero, once again designed to pollute our politics, through mailings and other advertisements that mask its support for Mr. Largaespada and other allies or that trash their opponents . Past Valero-funded PACs have used such names as “Progress for Benicia” and “Working Families for a Strong Benicia.” Hopefully, Valero has learned its lesson and will refrain from repeating its misleading efforts. But if not, look for such ads’ small print, which will reveal their funding.

Finally, for more information about the ISO or to support the effort to get it adopted, please go to the private, citizen-organized site for Benicia Industrial Safety and Health Ordinance. You can also go to the City’s useful site, Engage Benicia, though be aware that comments there are now closed. 

For more on Valero’s political track record in Benicia, please go to the Benicians for Clean Elections site.

Once again, I respect Valero’s fine employees and Mr. Largaespada. Hopefully, Valero can adopt a constructive rather than combative attitude toward Benicia’s simply seeking to better protect our safety and health via the ISO, and for the first time in years stay out of our elections. But our recent history with this Texas-based multinational – as well as the experience of other communities across the country with it – teaches us too many lessons about the tiger not changing its stripes.

There’s also broader political dimension here: Why would Texas-based Valero take a hostile stance toward the ISO when the potential next President of the United States weighed in as California Attorney General to help defeat its crude-by-rail plan and when that dispute garnered national attention? Ongoing opposition to better protecting Benicia’s safety and health has the makings of another nationally prominent issue.

But let’s just get back to the local: All that Benicia wants via this ISO is simply a seat at the table and a City Council devoted to making that seat meaningful. Hopefully, this fall’s votes will make those things happen.