[Note from BenIndy: Please save the dates so you can share your ideas and opinions on the extremely important topic of industrial safety and oversight; you can visit the Benicia Industrial Health and Safety (BISHO) Working Group’s webpage at BISHO.org to learn more about the push for Benicia to adopt an industrial safety ordinance (ISO) from the perspective of supporters. We can’t find much from the perspective of opponents yet, although that’s sure to be coming soon. This message came from City of Benicia This Week (COBTW), a weekly newsletter from the City Manager of of Benicia that is sent out on Monday mornings so Benicians can see what’s coming up for the week and sometimes beyond. We encourage every Benician to sign up to have it delivered directly to your inbox every Monday morning – visit this page for instructions on how to subscribe. Please also note the introduction of Benicia’s new public portal for public participation, EngageBenicia.com.]
Industrial Safety Ordinance Development Community Meeting
Two Options: In Person or Virtual
The Benicia City Council has appointed a Council Subcommittee consisting of Vice Mayor Terry Scott and Councilmember Kari Birdseye, with Fire Chief Josh Chadwick as the appointed staff member, to create an Industrial Safety and Health Ordinance (ISO) for the City of Benicia. As part of the ISO development process, the subcommittee is conducting public outreach, gathering input from key stakeholders, and consulting with subject matter experts in the field of industrial safety.
As part of the public outreach process, the subcommittee is hosting a series of community outreach meetings. The first option is an in-person meeting at the Benicia Public Library on Tuesday, March 26. Due to the size of the Dona Benicia room, there will be two sessions of the same content: one at 5 p.m. and one at 6 p.m. Please attend only one session to allow for more participation.
There will also be a virtual community outreach meeting with the same content on Wednesday, April 3 from 6 -7 p.m. To join the meeting, visit https://tinyurl.com/yxb39xv6 and use passcode 162947.
To learn more about the project and the public engagement process, please visit the City’s public engagement website, www.EngageBenicia.com.
[Note from BenIndy: This meeting is guaranteed to be a lot more interesting than it might sound. Save the date! We’ll update with more information about how to participate if it becomes available, but it seems like you just show up. While you’re looking at this event page, consider signing up to become a member of EngageBenicia.com so you can participate in important conversations about City initiatives, like the development and adoption of an ISO for Benicia.]
Join us for a community meeting at the Benicia Public Library on Tuesday, March 26, 2024 at 5 p.m. to discuss ideas and thoughts about an Industrial Safety Ordinance plan for Benicia. This will be an in-person, interactive event.
Who’s monitoring our air monitors? Not Valero, apparently
Opinion by BenIndy’s Editorial Board, March 6, 2024
Most Benicia residents will agree that when it comes to our health and safety, timely, clear disclosure of dangers to our community’s health is paramount to helping us make good decisions. In the context of keeping our families safe when industrial accidents or violations occur, “good decisions” may include evacuation or sheltering in place at one end of the spectrum, with closing windows, keeping vulnerable seniors and kids indoors, and discussing as a community how we feel about our biggest industrial neighbor, Valero, on the other end.
But the latest on Benicia City Council’s efforts to adopting an Industrial Safety Ordinance serves as a stark reminder of the many challenges and complexities we must face as we seek meaningful community oversight for industrial activity in Benicia.
At last night’s Benicia City Council meeting, Fire Chief Josh Chadwick’s status report on the City’s march to drafting, adopting, and implementing a Benicia Industrial Safety Ordinance (ISO or BISHO) was a highlight of the meeting, demonstrating a step in the right direction towards enhanced public safety measures. The Fire Department’s efforts to improve and quickly deliver clear notifications to the public also received well-deserved recognition, with many commending its recent efforts as a significant improvement from past practices.
However, the presentation took a disturbing turn with the revelation that, to the best of our present knowledge, it is unclear who or what is actively monitoring the town’s air monitors and exactly what the process to notify the community is, so we know when we are in danger.
Complaints triggered investigation into hydrogen sulfide accident, not air monitor spikes
As many of you know, there was an accident at Valero’s Benicia Refinery last weekend that released hydrogen sulfide, a neurotoxin, into our air. The spill prompted questions and caused residents to call the Air District, Benicia Fire Department, and even Valero with complaints of a rotten egg smell, ultimately resulting in residents receiving a text alert about the odor through Alert Solano.
Until Valero’s 30-day mandated Investigation Report with a root-cause analysis is released, Benicia leadership as well as residents are in the dark as to the exact cause and impact of the release. But even without this report available, several concerns emerged regarding both this recent accident at the Benicia Refinery and Valero’s response to it during Tuesday’s presentation.
According to Chief Chadwick, monitors detected spikes in hydrogen sulfide levels starting at 4 am on the day of the release, yet there was a delay of at least two hours in notifying the community. This delay suggests a lack of active monitoring.
Furthermore, Chief Chadwick revealed on Tuesday that it was the Fire Department that first made contact with Valero about the odor after staff noticed it on an unrelated call, not the other way around. This indicates that Valero did not proactively inform the Fire Department about either the accident or the community complaints the refinery had apparently received.
While there may be good reasons why refinery staff should investigate the source of an odor before alerting the community, this recent release and Valero’s subsequent response exposes serious flaws in the existing cooperation agreement between Valero and the City – the cooperation agreement that is supposed to serve as the framework for incident response and notification protocols (more on this below).
As we reflect on the discussions and outcomes of the City Council meeting, the question “Who monitors the monitors?” resonates most deeply. It highlights the imperative for a comprehensive system with clearly defined standards and expectations, to ensure that the systems we rely on for our health and safety are not just in place, but are also actively and effectively monitored so timely and clear notification in emergencies can occur.
The path forward must include rectifying this oversight to prevent any lapses that could compromise public safety and our environmental surrounds.
Valero Benicia Refinery’s Community Relations director’s response demonstrates failure to relate to our community
Another disturbing revelation that the Benicia Herald reported on last week emerged when Editor Galen Kusic asked Valero’s Benicia Refinery Director of Community Relations and Government Affairs why the community was finally notified at 7:40 am when H2S was detected as early as 4 or 4:30 am, depending on reports.
In order to answer the question, “I suggest that [Mr. Kusic] review the Public Information Bank website along with that policy which defines the requirements of notifications,” the director responded. The policy the director referred to is Valero’s existing cooperation agreement with Benicia. At Tuesday’s meeting, Mayor Steve Young questioned the delay as well.
Here, BenIndy’s Editorial Board offers two opinions and two speculations. The first opinion of this Board is that this was a wholly unacceptable response. Our first speculation is that this response exposed that the director was either unprepared or refused to answer Mr. Kusic’s question.
The second opinion is that if this is what Valero considers to be appropriate “community relations,” it is clearer than ever that there is an immediate need for an Benicia ISO that can define, respond to, and deliver on expectations of a safe and healthy community.
Finally, we speculate that Valero will not be a willing partner, let alone a good-faith leader, in the effort to design and provide one.
It is up to our City to lead instead
Vice Mayor Terry Scott and City Council Member Kari Birdseye, who have been at the forefront of advocating for a robust ISO for Benicia despite attacks and opposition, joined Chief Chadwick in acknowledging the community’s interest in oversight. As the three members of Benicia City Council’s ISO Subcommittee, their determination in pushing for common sense safety measures to reduce accidents and improve notifications to our community is a breath of the freshest air.
But while progress is certainly being made in the right direction, the journey towards a more responsive and transparent notification system is ongoing, and may be uphill. It is incumbent upon all stakeholders in this process to remain vigilant, proactive, and collaborative in acknowledging and navigating the challenges that lie ahead, especially if Valero decides to dig in its heels.
This post was updated on March 7 to reflect that, at Tuesday’s meeting, Chief Josh Chadwick indicated that it was the Fire Department that made initial contact with Valero’s Benicia Refinery to report the smell, only to discover that the refinery had already received complaints but had not yet shared this fact with the City. The post was also updated to better clarify the nature of the City’s cooperation agreement with Valero’s Benicia Refinery.
The opinions above represent those of BenIndy’s editors and no other groups or individuals, but we will share that you can follow this conversation by becoming a Supporter of the BISHO Working Group at BISHO.org.
The Benicia Fire Department has a public page regarding incidents at the Valero Benicia Refinery. These are the uploaded documents regarding the February 2024 Valero Refinery Odor Incident:
[Note from BenIndy: What luck! A second installment from Benicia Herald columnist (and author, blogger, and Benicia resident) Stephen Golub, just in time for Election Day and the March 5 Benicia City Council Meeting.]
By Stephen Golub, first appearing in the Benicia Herald on March 3, 2024
As demonstrated by the February 24 Valero spill, which put potentially dangerous levels of toxic hydrogen sulfide into our air, we can’t be complacent about protecting the safety and health of Benicia’s kids, older adults, people with medical problems and entire community. Here are three steps we can take on March 5 to keep Benicia beautiful and wonderful.
SUPPORT AN ISO AT THE CITY COUNCIL MEETING AND AT BISHO.ORG
At the March 5 City Council meeting, a report will be presented on the status of a Council subcommittee’s work to prepare an Industrial Safety Ordinance (ISO). This potential legislation, which every other Bay Area locality which hosts a refinery has, could help prevent Valero violations and accidents that can spark dangerous emissions and explosions.
In the wake of the February 24 accident, and amidst increasing indications that Valero adamantly opposes an ISO (which, again, other Bay Area refineries manage to live with), it’s important to show support for the ordinance and for the diligent, dogged work of Vice Mayor Terry Scott and Councilwoman Kari Birdseye to bring it about.
The meeting starts at 6 pm. Attending and speaking up in person is important. But those who prefer to participate by video can go to https://www.ci.benicia.ca.us/agendas and click the Agenda or Zoom links at the top of the page.
An additional, easy way to back an ISO is to go to the website BISHO.ORG and indicate support at the online form there. BISHO stands for Benicia Industrial Safety and Health Ordinance, a desired title of the City’s ISO because it includes the word “safety” to emphasize what’s at stake. The site has been put together by and for the many Benicians seeking to make our town safer and healthier through an ISO.
VOTE “YES” ON MEASURES A AND B
Along with our votes in the March 5 primary contests (more on that below), that day also represents our chance to cast our ballots to help ensure Benicia’s financial future.
If we vote YES on Measure A, the result will be a slight increase in the tax for hotel guests; residents are unaffected. It will produce up to a few hundred thousand dollars per year for the City.
If we vote YES on Measure B, it will yield millions of dollars in increasing sales tax revenue annually for the City, at the cost of just 75 cents per $100 spent. The proposal is backed by the City Council and by other leading Benicians across the political spectrum.
Coupled with other Council initiatives, including economic development plans that can yield increased revenues down the line and cutting Benicia government jobs and costs that are improving the budget situation right now, Measures A and B will help the City dig out of its current fiscal crisis. Since about half of the City budget goes to our fine police and fire departments, the two measures will go a long way toward protecting our public safety by protecting funding for those vital services – as well as protecting other city services from being gutted.
VOTE FOR CHRISTOPHER CABALDON FOR STATE SENATE IN THE MARCH 5 PRIMARY
Democrat Christopher Cabaldon is running to be state senator for California District 3, which includes all of Solano County and many adjoining areas. Endorsed by Benicia Mayor Steve Young, Vice Mayor Terry Scott, former Mayor Elizabeth Patterson, former Council Member Dan Smith and dozens of other officials from across Solano and the region, Cabaldon is by far the best candidate seeking that position.
In a candidates forum I attended, which included fellow Democrats Jackie Elward and Rozanna Verder-Aliga, Cabaldon offered by far the broadest and deepest knowledge of issues affecting Benicia and the other areas he’d represent if elected. Those opponents do not bring nearly the same degree of expertise and experience to bear as Cabaldon does by virtue of his successful 22-year tenure as West Sacramento mayor and his numerous other types of local, state and national service.
One opponent, Verder-Aliga, prompts particular concerns. Most notably, as a member of the Vallejo City Council, in 2017 she led the way in extending consideration of an (ultimately unsuccessful) proposal to build a cement plant and deep-water port in Vallejo, despite widespread community opposition and a nearly unanimous vote against the project by the Vallejo Planning Commission. The development, which would have imported and processed an industrial byproduct with an apt and ugly name, “slag,” could have caused havoc for Vallejo, Benicia and surrounding areas in term of pollution, health risks, heavy industrial truck traffic and a lengthy, dust-spewing construction process.
TO SUM UP…
Please back a safer, healthier, better Benicia by supporting an ISO at the City Council meeting and at BISHO.ORGand by voting for Measures A and B and for Christopher Cabaldon for state senate.
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