Bay Area Air Quality Management District (BAAQMD), Benicia CA, Benicia City Council, Benicia city staff, Benicia Mayor Steve Young, Industrial Safety Ordinance (ISO), Keeping Watch on Earth News, Valero Benicia Refinery

Benicia to move forward with regulation of Valero refinery

The Valero Benicia refinery | Scott Morris / Vallejo Sun.

Residents felt that state and regional regulatory agencies had not followed through on enforcement.

Vallejo Sun, by Ryan Gellar, December 20, 2023

BENICIA – The Benicia City Council voted unanimously on Tuesday to begin a community engagement process to create stronger regulations of the Valero refinery and other industries in the city through an industrial safety ordinance.

At Tuesday’s meeting, the council chambers were filled with community members who expressed concerns about deficiencies in Valero’s fence line monitoring, accident reporting and the company’s dismissal of community input.

Many felt that state and regional regulatory agencies have allowed delays in monitoring programs and had not followed through on key avenues of enforcement. Mistrust was also fueled by a revelation in 2022 that the Bay Area Air Quality Management District had discovered that Valero illegally released toxic emissions for 16 years but the agency failed to notify Benicia residents until three years after the discovery.

In 2018, the city council considered adopting an ordinance to regulate the refinery similar to legislation in Contra Costa County and Richmond, but instead formed a cooperative agreement with Valero which is set to expire in 2025. After four years of the cooperative agreement, residents said that it has not provided sufficient oversight of industrial practices in the city.

Mayor Steve Young encouraged residents to define the areas where the current agreement falls short to indicate a direction for provisions that could be included in an ordinance.

Benicia resident Terry Mollica, who was involved in the drafting 2018 ordinance proposal and spoke on behalf of the Benicia Industrial Safety and Health Ordinance working group, said that the deficiencies are too numerous to list at the meeting. But he highlighted a key issue that the working group found to be particularly problematic.“It has absolutely no enforcement mechanism,” Mollica said. “In fact it includes a provision that allows Valero to unilaterally terminate the entire cooperative agreement at any time if it thinks it is being over-regulated.”

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Bay Area Air Quality Management District (BAAQMD), Benicia CA, Benicia City Council, Benicia city staff, Industrial Safety Ordinance (ISO), Keeping Watch on Earth News, Valero Benicia Refinery

TODAY! – Ask City Council to protect Benicia’s health and safety at the Dec. 19 Council Meeting

A Message from the Benicia ISO Working Group:

The crucial City Council meeting on whether Benicia should consider an Industrial Safety Ordinance will take place on TODAY, Tuesday, Dec. 19 at 6 pm at the City Council Chambers at City Hall, 230 East L Street. It is vital that supporters of a strong ISO attend and voice our support. Valero is gearing up to oppose this and may bring personnel to the meeting to voice opposition.

By attending and offering comments, you can offer support for the proposal by Vice Mayor Terry Scott and Councilmember Kari Birdseye, to be voted on by the Council on Dec. 19, instructing City staff to look into the possibility of Benicia adopting an ISO.

In addition, please voice support for not just the Scott-Birdseye proposal but for a strong ISO. This has become all-the-more important because of a problematic Benicia City staff report that, perhaps unintentionally, repeatedly presents incomplete and potentially misleading information that paints Valero’s refinery in a favorable light compared to Contra Costa County refineries covered by ISOs. The report neglects to mention evidence and experience to the contrary.

For instance, the report lists accidents that have occurred only at Contra Costa refineries. Yet it makes no mention of the many instances of severe violations by Valero, including the 2022 revelation about its Benicia refinery’s over fifteen years of unreported toxic emissions, hundreds of times regulatory limits.

In fairness, however, the report briefly notes, “In the years following [the Contra Costa County ISO’s implementation], it is believed to have contributed to a decline in accidents and releases at refineries in Contra Costa.”

The point is that voices for a strong ISO can help counteract any misimpressions that staff report might leave to the contrary.

If at all possible, your showing up early can help ensure that supporters of a strong ISO are near the front of the audience. But even if you can’t make it by 6 pm, that will be ok as the discussion of this matter probably won’t start until close to 6:30 pm (or possibly even later if the Council does not move this priority item to early in the agenda).

Also, participation by Zoom is an option. You can find the link that explains how to access the meeting here: https://granicus_production_attachments.s3.amazonaws.com/benicia/5f807fdd4c4cce692977198f6f31acd30.pdf. 

Thanks very much for considering all this and for any support you can show for making Benicia safer and healthier for our kids, our older adults and all of us.

See www.bisho.org for more information.

Bay Area Air Quality Management District (BAAQMD), Benicia CA, Benicia City Council, Benicia city staff, Industrial Safety Ordinance (ISO), Keeping Watch on Earth News, Valero Benicia Refinery

Ask City Council to protect Benicia’s health and safety at the Dec. 19 Council Meeting

A Message from the Benicia ISO Working Group:

The crucial City Council meeting on whether Benicia should consider an Industrial Safety Ordinance will take place on Tuesday, Dec. 19 at 6 pm at the City Council Chambers at City Hall, 230 East L Street, It is vital that supporters of a strong ISO attend and voice our support. Valero is gearing up to oppose this and may bring personnel to the meeting to voice opposition.

By attending and offering comments, you can offer support for the proposal by Vice Mayor Scott and Councilmember Birdseye, to be voted on by the Council on Dec. 19, instructing City staff to look into the possibility of Benicia adopting an ISO.

In addition, please voice support for not just the Scott-Birdseye proposal but for a strong ISO. This has become very important because of a highly problematic and highly unusual Benicia City staff report issued a few days ago. We will be in touch with more details in the next 24 hours.

If at all possible, your showing up early can help ensure that supporters of a strong ISO are near the front of the audience. But even if you can’t make it until later, that will be ok since other agenda items may take up some time.

Also, participation by Zoom is an option. You can find the link that explains how to access the meeting here: https://granicus_production_attachments.s3.amazonaws.com/benicia/5f807fdd4c4cce692977198f6f31acd30.pdf. 

Thanks very much for considering all this and for any support you can show for making Benicia safer and healthier for our kids, our older adults and all of us.

See www.bisho.org for more information.

Benicia Black Lives Matter, Benicia City Council, Benicia Committee United for Racial Equity (CURE), Diversity Equity & Inclusion, Government Alliance on Race & Equity (GARE)

URGENT – Benicia Black Lives Matter on City Council meetings this week!

[The following message was received from Benicia Black Lives Matter by email today. – BenIndy contributor Roger Straw]

Important Upcoming City Council Meetings-Supporters Needed!

There are two important City Council meetings coming up, tomorrow (12/18/23 at 9AM) and Tuesday (12/19/23 at 6PM). Despite the late notice, if anyone is able to call in, write in, or attend to give public comment, this would be a great time to participate.

We need to fight to keep the CURE Commission, the DEI Manager, and our membership in GARE (Government Alliance on Race & Equity.) Even a brief comment of a sentence or two to express support for these items will be helpful.

Below you can find meeting agendas, Staff reports, and details on how to submit comment:

Save DEI in Benicia: Agenda Item #20.A

The UPCOMING City Council meetings are:
MONDAY, December 18th at 9:00AM
TUESDAY, December 19th at 6:00PM

12/18/23: Item 11.A – RESILIENCY PLAN WORKSHOP – FINANCIAL SCENARIO REVIEW (Deputy City Manager) As part of the path forward for addressing the City’s structural deficit, the City is updating its Strategic Plan and developing a Resiliency Plan. Recommendation: Provide feedback and direction on the draft elements of the Resiliency Plan.

12/19/23 Item 20.A – NATIONAL LEAGUE OF CITIES’ CONTRACT AMENDMENT AND UPDATE ON EQUITY, DIVERSITY, AND INCLUSION WORK (City Manager)

  • PUBLIC COMMENTS FOR AGENDA ITEMS WILL START AFTER THE ITEM IS INTRODUCED. Detailed information about how to submit comments via phone call or Zoom is below. While emails/letters submitted to City Council after the deadline of last week members may be read, they will not be entered into the public record nor will they appear in the agenda packets.
  • FOR WRITTEN PUBLIC COMMENT BY EMAIL
    Members of the public may provide public comments to the City Clerk by email at lwolfe@ci.benicia.ca.us but the window of time to have those comments entered into the public record and added to the City Council agenda packet has closed. Any emails sent may or may not be read by City Council and Staff. Make your choices accordingly.
  • ACCESSING THE MEETING (NOT BY ZOOM)

1) Attend in person at Council Chambers
2) Cable T.V. Broadcast – Check with your cable provider for your local government broadcast channel.
3) Livestream online at www.ci.benicia.ca.us/agendas.
4) Zoom Meeting (link below)

  • FOR PUBLIC COMMENT BY ZOOM OR PHONE (5-MINUTE LIMIT)

The public may view and provide public comment via Zoom (via computer or phone) link: https://us02web.zoom.us/j/88508047557?pwd=cHRsZlBrYlphU3pkODcycytmcFR2UT09

If prompted for a password, enter 449303.

    • Use participant option to “raise hand” during the public comment period for the item you wish to speak on. Please note, your electronic device must have microphone capability. Once unmuted, you will have up to 5 minutes to speak.

Dial in with phone:
Before the start of the item you wish to comment on, call any of the numbers below. If one is busy, try the next one.

    • 1 669 900 9128 
    • 1 346 248 7799 
    • 1 253 215 8782 
    • 1 646 558 8656 
    • 1 301 715 8592 
    • 1 312 626 6799
  • Enter the meeting ID number: 885 0804 7557 *please note this is an updated ID number*. Once unmuted, you will have up to 5 minutes to speak.

Any member of the public who needs accommodations should email City Clerk Lisa Wolfe at lwolfe@ci.benicia.ca.us, who will use her best efforts to provide as much accessibility as possible while also maintaining public safety.

  • PUBLIC COMMENT TEMPLATE OF TALKING POINTS (OPTIONAL) 

*YOUR OWN WORDS WILL BE THE MOST IMPACTFUL, BUT THESE ARE SOME EXAMPLES OF WHAT YOU CAN SAY. Adjust the language to suit your voice as these were all mostly written by the same person and really sound like it. 

*The basic idea is to express support for continuing the DEI work the city has undertaken, by continuing the CURE Commission, the DEI Manager position, and membership in GARE (Government Alliance on Race & Equity). Even a one or two sentence comment expressing your support for these items is useful and crucial. 

Equity issues continue in all areas including government, education, business culture, housing, and continued work is essential. 

Importance of continuing the work that has been started, for the importance of the work, but also not to waste the investment that has already been made.

City Council—all white, all but one white men

What CURE has actually accomplished (see report)

What CURE was intended to be and how it was sabotaged

Value of being model city

More than lip service DEI considerations attracts and retains talent, young people

Ideas to get started