Benicia, CA (February 28, 2025) – Benicia’s long-awaited Industrial Safety and Health Ordinance (ISHO) will receive its first official reading before City Council on Tuesday, March 4. After more than a year of staff research, public hearings, discussions with stakeholders and four drafts, all led by Councilmembers Terry Scott and Kari Birdseye and Fire Chief Josh Chadwick, the ISHO will be presented formally at next week’s council meeting. New City ordinances must go through two readings before they can be adopted. If the draft ISHO passes this first reading, a second reading and vote will be scheduled. [March 4 Agenda.]
More than 90 people showed up for an ISHO status update on February 4, including 30 who spoke in favor of passage of the draft ordinance. Other supporters sent emails, letters and texts to Council members urging passage. There was no opposition at that meeting, but it is anticipated that Valero, one of the industries that will be subject to the ISHO requirements, will present its opposition.
“The March 4 meeting is critical, and we are hoping for another large turn out by supporters,” said Terry Mollica, community activist and member of the Benicia Industrial Safety and Health Ordinance group (BISHO) which has been working toward an ISO passage for a number of years. “We have heard that Valero does intend to attend the March 4 meeting, and apparently they have been granted a significant block of time to express their ongoing opposition including their threat of litigation.”
“We believe that the opponents will use the March 4 meeting as an opportunity to push back, to try to weaken the ISO, to get a foothold on the critical Oversight Commission, and attempt to turn some votes with threats of a lawsuit. We can’t let that happen. It’s more important than ever that we have a strong presence,” he said.
“We are asking all community members who believe in the ISHO and who want to see more accountability, transparency and protections against what goes into our air to show up at City Council on March 4 and make your voices heard,” Mollica added. “With the uncertainty of any air quality protections from the federal government these days, it is more important than ever that we protect our own community.”
City Council will begin Tuesday, March 4 at 6 p.m. at City Hall, 250 East L Street, Benicia. For more information about the draft Industrial Safety and Health Ordinance and its importance and effect on the community, visit https://BISHO.org.
NOTE: Those who cannot attend City Council in person can participate via Zoom:
BENICIA – Benicia officials expressed support for an ordinance that would regulate businesses like the Valero Refinery at a meeting Tuesday, despite concerns about possible legal challenges from Valero.
The latest draft of a proposed Industrial Health and Safety Ordinance that would monitor and audit “high hazard facilities” like the refinery was presented to Benicia City Council on Tuesday night.
Numerous public commenters expressed strong support for the ordinance, which the council expects to take up for a vote in a few weeks. The council made a few last tweaks to the ordinance that has been developed over more than a year.
Councilmember Kari Birdseye suggested that city staff make two revisions: to mention all agencies by name that the ordinance might affect, and add language requiring transparency of how much the city has paid using collected fines from all relevant businesses. Staff will bring the ordinance back at a future meeting.
While Valero was the major concern, the ordinance would apply to at least 12 facilities in the city, such as Interstate Batteries at 535 Getty Court and the Benicia Water Treatment Plant at 100 Water Way.
Public interest in better regulating Valero was particularly pronounced on the heels of an incident Saturday at the Martinez refinery in Contra Costa County, which is about 7 miles from Benicia. A hydrocarbon material leak at the Martinez Refining Company caused a fire that injured six people and triggered a health advisory.
Valero has had its own recent controversies as well. The company didn’t meet Bay Area Air Quality Management District requirements to monitor and report fugitive gasses from their operating equipment. Its refinery has been the site of several air pollution incidents, such as a 15-year leak of 2.7 tons of airborne toxins, for which the refinery paid a record $82 million to the air district last year.
However, Mayor Steve Young said he doesn’t consider Valero worse than other large oil refineries in the Bay Area.
“There are worse operators than Valero, as we just saw across the river,” Young said, referring to the Martinez Refining Company. “They are not the enemy, and they are not bad operators, but they obviously have some safety issues that we are trying to address.”
Benicia fire Chief Josh Chadwick said in a report to the council Tuesday that Benicia, as the only Bay Area city without an industrial safety ordinance, needs a program to better audit businesses producing potential health risks to nearby communities.
Chadwick said that recent incidents at “high-hazard facilities” showed the need for additional oversight. “Especially given what happened over the last weekend, it’s really essential for the public to understand that no regulation is going to completely eliminate the risk of industrial incidents,” Chadwick said.
The ordinance’s third draft specifically requires that, following an incident at one of these facilities, the city may audit and inspect the site, and the company must issue an Incident Notification Report within 72 hours. The city would then be able to publish the final investigation report on its website, with the ability to issue consequences such as fines or other penalties if a business refuses to comply.
But enacting the ordinance may jeopardize a revenue source for the cash-strapped city. Under a voluntary cooperation agreement, Valero currently pays $331,320 annually to the city. Under the new ordinance, that agreement would be moot, requiring an independent consultant to help the city create a new fee schedule. And Valero will likely sue over the ordinance if passed, Young said, which is why he’s concerned about passing it without an agreement in hand.
Councilmember Lionel Largaespada said he believes the city is entitled to strong regulations over industries working within its limits, but he advocated for tightening its language to be very specific about businesses and fees collected from them.
“Wherever we can be crystal clear about something, I think it only makes this ordinance better,” he said.
Councilmember Terry Scott disagreed, saying the city has spent more than a year on the ordinance draft and Valero has already responded to it in “a fairly threatening manner.”
“Local control matters. Many times we’ve asked them, ‘Come to the table,’” Scott said. “I think we can give them the opportunity in the next several weeks to send us another letter. Why do we have to go to them and establish another session to review the document with them?”
Birdseye also disagreed over whether to allow Valero to sit in on the independent auditing authority as a business owner given the potential conflict of interest. She opposed allowing Valero to have any influence, saying, “It is the fox in the henhouse.”
Benicia officials have already heard lots of feedback from the public about the matter, including from 178 people who responded to surveys between March 25 and May 19. Many people turned out Tuesday night, speaking for more than an hour, with most pleading with the city to pass the new version of the ordinance.
Some mentioned the potential for cancer and other health impacts which could result from toxic gas releases, while others pointed out how much stronger a safety ordinance can make local authorities seeking to protect and notify people as quickly as possible.
“This has been an issue that’s so important to Benicia,” resident Kathy Bennett said.
She added that the Martinez incident Saturday reflected the importance of having a safety ordinance in place.
“Because of there being an ISO in place in Contra Costa County, it did improve prevention and protection and responses, notifications and advisories to the community,” Bennett said. “And as we’ve also seen in the recent Los Angeles fires, an entire community can be destroyed in a single horrific event.”
“The big elephant in the room is Valero,” resident Diana Smith said. “But it’s been brought up that you have at least 12 facilities here that need that oversight. And Valero likes to come along and threaten us. How many millions of dollars would it take … to clean up that refinery?”
It is not yet clear when staff will bring the revised ordinance back to the council for a vote.
Editor’s note: This story has been updated to clarify that no vote was scheduled for Tuesday’s meeting, which was for informational purposes and to correct Diana Smith’s name.
This past Tuesday’s City Council meeting considered for the first time a nearly final draft of an industrial safety ordinance (ISO) that will help protect our city against toxic emissions, fires and explosions from hazardous facilities here, particularly but not only the Valero refinery.
I’ve never been so proud to be a Benician. I’d guess 80-90 people packed the Council Chambers at City Hall, with about 29 others Zooming in. The large majority comprised folks whom I’d never seen or heard speak up on this issue. The entire crowd seemed to support the unanimous pro-ISO consensus among the 30-plus speakers who ranged from expert engineers to laypersons with kids to protect.
One such engineer, a Valero retiree, didn’t doubt refinery employees’ personal commitments to safety, but pointed out that refinery management is under extraordinary pressure to reduce costs. He emphasized that the ISO could actually help the current refinery engineers maintain safety. (I’ll again state my respect and affection for our Valero-employed friends and neighbors in Benicia, and distinguish them from the huge Texas-based corporation that owns the refinery and calls the shots.)
A parent who attended the meeting with his (I assume) wife and toddler, chimed in to favor the ordinance. Several persons prefaced their remarks by saying “I didn’t intend to speak,” then went on to describe their concerns and support. At least one speaker pointed out that if Valero had an accident like last weekend’s huge Martinez fire and if the wind were blowing the wrong way, our entire town could have been endangered.
All in all, our community came together in numbers and passion spread across a spectrum of perspectives, but united in an unprecedented way in support for the ISO.
Valero representatives did not attend the meeting.
The big news emerging from the meeting is that Mayor Steve Young declared his backing for the ISO for the first time. Vice Mayor Trevor Macenski and Council Member Lionel Largaespada hinted at similar support; Largaespada, whose election campaigns Valero had indirectly backed through political action committees in the past, voiced a belief in strong industrial regulation and oversight.
Kudos to Young for his endorsement of the measure; this would seem to ensure a Council majority for passage, though not counting our chickens before they hatch comes to mind. Let’s hope Macenski and Largaespada join him.
Speaking of kudos: pro-ISO Council Members Kari Birdseye and Terry Scott, who along with Fire Chief Josh Chadwick and other City staff had worked tirelessly to on the ISO for over a year, played particularly powerful roles in the Council meeting’s deliberations.
Birdseye hit the bullseye in a number of illuminating exchanges with fellow Council members. For instance, when Largaespada suggested instructing City staff to review certain administrative and other details (which could in effect delay a final vote on the ISO indefinitely), she pointed out that tremendous work had already gone into thrashing out details in the document and that it was time to move ahead. (As a former New York City government management analyst and international development policy analyst, I couldn’t agree more; you can work forever on tweaking a document and never reach closure.)
Birdseye similarly pushed back successfully and forcefully when it was suggested that the Council approve formal ex officio (non-voting) membership on the ISO’s citizen Oversight Commission for Valero or other regulated businesses. As she asserted, we don’t want “the fox in the henhouse.”
Scott had his own “Great Scott!” moments. Young suggested that Valero be consulted yet again to ascertain whether the ISO could be altered to address its concerns. In response, Scott pointed out the many, many times that the City had sought constructive Valero input over the course of over a year of ISO preparation, only to be met repeatedly by dozens of pages of legalistic criticism and unhelpful feedback. He also noted that Valero had not even attended Tuesday’s Council meeting.
There are miles to ago and at least two additional Council meetings to hold before it finally votes on the ISO – which, it should be noted, is the kind of ordinance every other Bay Area refinery community has. Lots could go wrong, but so much could go right. I’ll save that for another day.
For today, I’ll just say that if Texas-based Valero seeks to block the ISO, it will be taking on not just a city but a very motivated community. Last Tuesday’s Council meeting proved that.
Valero’s Benicia Refinery, located near homes, schools, and parks, has placed – and will continue to place – residents at risk during dangerous incidents or regulatory violations. Despite years of accidental spills and emissions as well as many documented violations (some egregious), Valero has maintained its historic hostility to both citizen- and City-led proposals for local oversight. | Bay Area Air Quality Management District.Benicia resident and author Stephen Golub.
By Stephen Golub, January 26, 2025
On Tuesday, February 4, we can help protect Benicia’s kids and grandkids and all the rest of us by attending the 6 pm City Council meeting, in person or via Zoom, to show support for the draft Industrial Safety Ordinance (ISO) that the Council will soon vote on. The measure can reduce the risks of toxic emissions, fires and explosions at the Valero Refinery and other covered businesses. You can supplement your attendance by emailing your support to Mayor Steve Young, Vice Mayor Trevor Macenski and Council Members Kari Birdseye, Lionel Largaespada and Terry Scott, at
Imagine you had a neighbor who had a backyard business that they repeatedly said was safe. But lo and behold, you found out that for many years the business had emitted toxic fumes dangerous to the health of your kids and grandkids and yourself.
What’s more, this was by no means the only such hazardous action by them. And some such actions also pose the risk of fire and explosions.
After all this, the neighbor sends a letter that could be seen as a threat to sue you if you seek firmer guarantees than a supposed safety-enhancing understanding you two had, which in fact had failed to ensure safety from their fumes. And folks affiliated with them reject initial attempts to discuss such guarantees. (But the neighbor does buy your kids little league uniforms as a gesture of goodwill.)
Would you feel safe? Would you want more assurance to protect the kids from toxic fumes, fires and explosions?
That’s pretty much the choice Benicia faces. On February 4, the City Council will start to consider the ISO. The measure requires that the Valero Refinery and other potentially dangerous businesses provide us with more information about their operations and accidents, information that could protect our kids and all of us from dangerous emissions and potential fires and explosions.
This should be a no-brainer. Drafted with great dedication and diligence by Council Members Birdseye and Scott as well as Fire Chief Chadwick and other personnel, the ISO gives Benicia a seat at the table in knowing what’s going on.
This in turn helps prevent dangerous events. If we’d had such a seat for the past 20 years, we might have avoided 15-plus years of Valero spewing toxic emissions hundreds of times the legal limits into our air, as well as some of the numerous other violations it committed.
The need for the ISO has increased greatly recently. With a new administration in DC backed by fossil fuel industry interests, the federal Environmental Protection Agency will almost certainly reduce its crucial role in protecting our health and safety.
Right now, all we have with Valero is a Memorandum of Understanding that the corporation can walk away from pretty easily.
The ISO would instead be binding on and paid for by Valero and other covered businesses.
All other refinery-hosting communities in the Bay Area have such ISOs; we’re merely seeking the same sort of prevention and protection for our health and safety.
As I’ve said before, I greatly respect our valued neighbors and friends who work or worked hard at the refinery. But Valero’s Texas headquarters calls the shots. We’re the ones who suffer if something goes wrong, not those San Antonio-based executives.
The threat of emissions, fires and explosions may seem far away. Many LA residents had similar thoughts before firestorms raced through their communities. Unlike them, we can take a specific step – the ISO – to reduce risks.
By showing up at the February 4 meeting and emailing our City Council members, we can help preserve this wonderful town that we love.
Speaking of the Council, it’s time for these dedicated public servants to stand up together for Benicians’ health and safety.
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