Repost from the Davis Enterprise
[Editor:  I know Lynne as a strong advocate against Valero’s Crude By Rail proposal.  Her fair-minded coverage of both sides of the debate in this article is amazing and admirable.  A good overview of the hearing on Monday.  – RS]

Benicia hears oil-train concerns from Davisites

By Lynne Nittler, April 06, 2016

BENICIA — Davis was well-represented at a Benicia City Council hearing Monday for Valero Oil’s crude-by-rail project. Of the approximately 48 people who spoke, 12 came from Davis or Dixon, and another six were from Sacramento.

The speakers voiced their opposition to the oil company’s proposal to expand its refinery and accept 100 rail cars daily full of North American crude oil on a route that comes directly through downtown Davis.

The hearing continues with more public testimony tonight plus April 18 and 19 at the City Chambers in Benicia.

The evening began with a rally of those opposed to the project counter-balanced by a gathering of Valero workers and supporters of the project. A busload of 23 people from Sacramento stopped to pick up seven more in Davis, arriving just as the hearing began in the packed chambers.

Officials were allowed to speak first, beginning with Yolo County Supervisor Don Saylor, who also represented the Sacramento Area Council of Governments. He traced Yolo County’s effort over the past three years to communicate the serious safety concerns and to offer possible mitigation measures that were acknowledged but not addressed in the EIR.

He said 500,000 of the 2.4 million residents in the SACOG area — the counties of Yolo, Sacramento, Sutter, Yuba, Placer and El Dorado — live in the blast zone of the railroads, i.e., within a quarter-mile radius of the tracks. Of those, 260,000 are residents, 200,000 work in the area and 28,000 are students.

While acknowledging that Valero and its jobs are important, Saylor emphasized that this project “requires a shared commitment to protecting public safety.” He said the project should not be approved until the safety concerns are resolved.

Matt Jones of the Yolo Solano Air Quality Management District represented all seven districts that have responded jointly in writing to three versions of the environmental impact report for the Valero project. He said the EIR documents the impacts correctly, but fails to offer or respond to any mitigations, even when the Sacramento Metropolitan AQMD offered staff time to work out an off-site mitigation plan.

Jones reminded the Benicia council that San Luis Obispo County is examining a similar crude-by-rail proposal, and Phillips 66 has voluntarily offered such off-site mitigations.

Eric Lee, a city of Davis planner, made a plea for Benicia council members to uphold the decision of their Planning Commission, which voted on Feb. 11 not to certify the final environmental impact report and denied Valero’s permit.

He added that Davis believes that legally, the local jurisdictions are not pre-empted by federal rail regulations and that up-rail cities are entitled to have their comments addressed in the EIR.

He concluded by saying that the city of Benicia has a legal obligation to safeguard the public.

“I continue to be concerned about the Valero crude-by-rail project regarding the significant air quality impact,” state Sen. Lois Wolk, D-Davis, wrote in a letter to the Benicia council, read by her representative, Alex Pader. Wolk recommended specific steps, and if said they cannot be met, then the project should not move forward.

She reminded the council members that her own obligation is to protect the public from harm, which she has done with two pieces of legislation on oil-train safety, and said their obligation to safeguard the public is no less.

Marilyn Bardet, spokeswoman for Benicians for a Safe and Healthy Community, encouraged the council members to use their ethical judgment, and read all the material from the past years, plus what is pouring in now, to inform themselves at this crucial juncture in the decision-making process. She urged them to uphold the decision of the Planning Commission.

After a break, a mix of speakers pro (12) and con (16) spoke for up to five minutes each.

One Valero proponent said America has a tremendous thirst for oil; therefore, don’t we have a responsibility to produce it?
Jasmine Powell, a resident of Benicia, said Valero never risks its outstanding safety record as indicated by its high OSHA ratings.

Michael Wolfe, senior vice president of an engineering services firm, said California crude is increasingly scarce and Alaskan crude is running out as well. Valero is seeking to purchase North American oil to avoid importing more foreign oil. California already imports more foreign crude than any other state, Wolfe said.

Seven other Valero workers and supporters spoke of their trust in Valero’s high safety standards.

On the other side, Frances Burke of Davis spoke of the Planning Commission’s work as “epic,” and made an eloquent plea for the up-rail communities not to be dismissed as collateral damage.

Don Mooney , an environmental lawyer from Davis, said in his 25 years in environmental law, he had not seen a case with more uniform opposition, where so many have stood opposed for the same reasons.

Katherine Black simply read the list of officials and organizations opposing the project for five minutes, including all seven air quality management districts, all 22 cities and six counties who belong to SACOG, the California Office of Spill Prevention and Response and the California attorney general.

The Benicia City Council will hear more testimony tonight.