Category Archives: Benicia CA

For Our Kids, Our Older Adults and All of Us: A Benicia Industrial Safety and Health Ordinance

Smoke from the Valero Benicia refinery during a 2017 incident. | Bay Area Air Quality Management District.
Benicia resident and author Stephen Golub

By Stephen Golub, first published in the Benicia Herald on November 10, 2023

At 4 a.m. on June 21, 2019, a series of massive fires and explosions at a Philadelphia refinery sent both large amounts of toxic chemicals and huge chunks of debris into the air. One 19-ton fragment landed across the Schuylkill River, 2,000 feet away.

The cause of all this? According to the  U.S. Chemical Safety and Hazard Investigation Board, a corroded ruptured pipe. Apparently, it had been poorly maintained.

The Philadelphia debacle is but one of many refinery and similar disasters that have occurred across the country in recent years. Many of us recall the Chevron fire in Richmond, just over a decade ago.

And just this week, a chemical plant explosion in east Texas triggered large fires, a shelter-in-place order for a five-mile radius around the facility and, even after that order was lifted, official caution “that residents should still avoid spending unnecessary time outdoors, and young children or people with respiratory illnesses and other health issues should stay inside.”

Against this backdrop, and in view of ongoing toxic pollution hazards presented by the presence of Texas-based Valero’s Benicia refinery, a proposal by Vice Mayor Terry Scott and City Council Member Kari Birdseye comes as a breath of fresh air. In a June 10 letter published in the Benicia Herald and through other outlets, the two describe reasons for Benicia adopting a new law that would make our wonderful city safer and healthier for our kids, our older adults and all of us.

Among other things, the ordinance would improve the monitoring of the refinery’s operations and the flow of information from Valero when documented or apparent emissions and violations occur. In these and other regards, it would improve on the rather toothless Memorandum of Understanding (MOU) that the City currently has with the giant Texas corporation. It would similarly improve on the MOU’s associated community advisory  panel that rarely meets publicly, that most of us have never heard of and, most importantly, that Valero substantially controls.

Now, does Valero’s track record indicate that Benicia needs a strong ordinance rather than the weak MOU?

Consider what a top official of the Bay Area Air Quality Management District (BAAQMD) said about the fact that for well over a decade the refinery released into Benicia’s air 138 tons of toxic contaminants hundreds of times the legal limits without informing BAAQMD, the City or any of us – something we only learned of last year:

 “We have a situation here where you’ve got a facility who’s [sic] taking samples of emissions from this vent to control and verify refinery processes. They’re doing that from 2003 onwards. And they knew or should have known that those emissions should have been reported. It’s that simple…”

Or consider these realities:

Despite the Memorandum of Understanding, we did not learn of other serious, longstanding Valero violations, which triggered a federal Environmental Protection Agency investigation, until the EPA announced major fines earlier this year.

Despite the MOU, Valero has committed hundreds of other violations over the past several years.

Despite the MOU, Valero did not report or adequately address the 2022 event in which approximately 200 Benicia households were impacted by an oily, airborne residue that fell onto yards, children’s play equipment, solar panels and other neighborhood facilities.

Despite the MOU, earlier this month air monitoring devices in the vicinity of the refinery detected the presence of the dangerous neurotoxin hydrogen sulfide (H2S) in the air, quite possibly emanating from the facility, even as Benicians reported smelling something like rotten eggs – the odor of H2S – in several parts of town.

In addition, let’s be realistic about where the ultimate responsibility for the Benicia refinery’s safety, health and other decisions rests: at the company’s Texas headquarters. Its track record compares unfavorably even with other petrochemical corporations, as indicated by a leading Texas environmental activist’s assessment and a lawsuit filed against the corporation by the Texas Attorney General (normally an ally of the oil industry) over a Valero Texas refinery’s continuing “poor operational, maintenance and design practices.” That same refinery’s 2017 fire poured nearly a million pounds of potentially dangerous pollutants into the air, “including carbon monoxide, sulfur dioxide, particulate matter and volatile organic compounds,” according to Valero’s own estimates.

Finally, consider the fact that the Valero facility is the only refinery in the North Bay that is not governed by an industrial safety ordinance (ISO).

None of this is to criticize the hard work and efforts of our fine Fire Department, which does its best to monitor actual and potential Valero hazards under the MOU, despite financial and technical constraints. As always, we should all appreciate its service. But we need more than that.

Also, I’m sure we value the jobs, economic impact and other benefits that the company brings to the area, as well as the wonderful current and former Valero employees who are our friends and neighbors. But if Valero itself wants to be a good neighbor, it needs to cooperate with the City as we move on from the MOU, which expires in 2025. In fact, one great feature of the Scott-Birdseye proposal is that it aims for a cooperative, consultative process.

So what’s next? As per the proposal, at its December 19 meeting the Council will vote on whether to instruct city government staff to examine what the next steps are, including a possible ordinance.

To be clear: This will not be a vote on an ordinance itself; it merely authorizes careful examination of options, in cooperation with Valero, the broader business community and of course all of us.

To read the Scott-Birdseye letter or show support for this initiative, please go to https://www.bisho.org/. You could also weigh in by emailing the Council members with your thoughts. You can access their emails by going to this page at the City website.

In addition, you could attend the December 19 Council meeting, whether in person or via Zoom. The link for the latter will be shared by the City Manager (whom you also should feel free to contact about this) down the line.

This process is well worth getting involved with. The safety, health and lives we save could be our own.


There is a group of concerned citizens of Benicia who also support the adoption of a Benicia Industrial Safety and Health Ordinance (BISHO). To learn more about the effort and add your support, visit www.bisho.org.

TODAY 2-5 pm – Learn about Ruby Bridges at Benicia Public Library’s free, family-friendly event

Get ready for Ruby Bridges Walk to School Day with Benicia Public Library and BBLM

From Benicia Public Library:

Who is Ruby Bridges? And why are we walking to school for her? Come find out! The Library invites children, families, teens, and adults of all ages to the launch of a new program series: “We Are All Related”.

The inaugural “We Are All Related” event will celebrate Ruby Bridges and help children get ready for the annual Ruby Bridges Walk to School Day. Six-year-old Ruby Bridges stepped into the history books November 14, 1960, when she became one of the first students to integrate William Frantz Elementary School in New Orleans, Louisiana. Since 2018, students have celebrated Ruby’s courage by walking to school making Ruby Bridges Walk to School Day the perfect opportunity to teach children about the civil rights movement and make connections to our ongoing, collective efforts to end racism.

2:00 pm: Stories about and related to Ruby Bridges

3:00 pm: Messages from Benicia Mayor Steve Young and BUSD Superintendent Damon Wright

3:15 pm: A screening of the movie about Ruby Bridges

PLUS, snacks, crafts, and community conversation.

Disclaimers: Benicia Public Library does not support or oppose any political party or candidate.  This is not a program of the Benicia Unified School District (BUSD); BUSD accepts no liability or responsibility for this program, nor does it support or oppose any political party or candidate.  Benicia Independent is not affiliated with either Benicia Public Library or BUSD.  

Moving Forward to Improve Benicia’s Industrial Safety and Health – An Open Letter to Benicia

Valero’s Benicia Refinery.  | Pat Toth-Smith.

On Sept 5, Benicia’s City Council unanimously initiated the first step of a process to assess the need to graduate the current Memo of Understanding (MOU) with Valero Benicia Refinery to an ordinance.

This step, which asks staff review the MOU, underscores the importance of transition from an MOU to an ordinance that would provide additional local oversight to help ensure appropriate measures are in place to protect the health and safety of our community.

Timing of the request corresponds with early planning for the sunset of the current Valero MOU set to terminate in June 2025.

Vice Mayor Terry Scott and Council Member Kari Birdseye, the two councilmembers who introduced the issue, clearly believe the primary responsibility of our City Council and City Government is to safeguard the health, safety and well-being of our residents, businesses, and visitors.

It is also Council’s responsibility to ensure that industries, which operate within our jurisdiction, employ the best available technology to detect emissions and discharges and best practices. Community notifications of emergencies or failures to meet state and federal regulations are a priority as well.

This responsibility extends beyond traditional roles like policing, firefighting, safe water, and wastewater treatment. It encompasses ensuring the quality of the air we breathe.

The two-step request posed the question: Does the City of Benicia possess the most efficient and effective tools to regulate, monitor, and enforce air and toxic safety standards that impact our community? This includes real-time emission measurement, performance monitoring, transparency, air quality management and stronger communications.

Our defined ask in the two-step process is for staff to analyze current MOU’s performance metrics and evaluate whether additional regulation is needed. Additionally, we request that an analysis of key learnings of our current working communications, monitoring and cooperation agreement with Valero be included in this process.

It is our belief that the time has come to explore the best practices to manage air quality and emissions, amplify transparency and real-time communication, establish cutting-edge monitoring measures, prioritize public health, encourage environmental stewardship, cultivate community trust, and elevate measurement and trust standards.

Simply put, we can only manage what we monitor. We must adequately monitor our air quality near the refinery and throughout our community.

We look forward to working with city staff, community groups, businesses, and concerned citizens to create a model of local air and health regulations that better protects Benicia.

In Service,

Vice Mayor Scott and City Council Member Birdseye


There is a group of concerned citizens of Benicia who also support the adoption of a Benicia Industrial Safety and Health Ordinance (BISHO). To learn more about the effort and add your support, visit www.bisho.org.

Duane Kromm: “Please think long and hard about how you respond to Flannery’s pitches”

[Note from the BenIndy: Former Solano County Board Supervisor Duane Kromm has been incredibly active in the fight to rip the glossy veil off Flannery Associates aka California Forever’s slick renders and lofty claims.  He’s been featured in several articles about the project and recently introduced an incredibly informative panel at the College of Exploration featuring California Forever CEO Jan Sramek and State Senator Bill Dodd – an early and as of yet rare chance for the public to participate in this huge discussion (which we hope to cover in more detail soon). Below, please find an opinion he shared with the Northern Solano Democratic Club (NSDC) in their November 2023 newsletter. Read more about NSDC below Mr. Kromm’s op-ed.]

Duane Kromm. | Jason Henry / WSJ.

By Duane Kromm, November 2023

My guess is everybody has heard about Flannery Associates, LLC (aka California Forever) by now. This is a secretive organization funded by a handful of rich Silicon Valley tech and venture capital tycoons. They have purchased over 50,000 acres of Southeastern Solano County, which is about 10% of Solano’s land mass.

They started buying in 2018, farm by farm by farm. Nobody knew who these guys were until the New York Times blew their cover with an August 2023 story about the billionaires hiding behind their Delaware registered LLC, where ownership can be masked. The NYT’s story made it clear that these are investors looking for a high rate of return. “If the plans materialize anywhere close to what is being contemplated, this should be a spectacular investment,” per Michael Moritz billionaire venture capitalist, lead investor in Flannery.

Please look at the Solano County Orderly Growth Committee’s website for a good map of the land owned by Flannery: https://solanoorderlygrowth.org/flannery

Not only has Flannery consumed most of the Montezuma Hills and Jepson Prairies areas of Solano County, they have also sued farmers who have dared to refuse to sell to them. Having spent over $800,000,000 (yes that is 800 million dollars) buying land, they now look to recover $560,000,000 by suing multi-generational farm families.

Flannery’s stated goal is to build a new city, or cities, somewhere in the Montezuma Hills area. There are reports that these cities could eventually have a population of 400,000. Flannery has not shared any specifics about their goals. Nobody in the community has any clue about roads, water, infrastructure, schools, public safety, and the impacts on our agricultural economy.

Solano County has been a leader in California regarding development and protection of farmland and open space. Starting with an initiative in 1984, our voters have consistently supported the concept of city centered growth. The motto is “What is Urban Shall be Municipal” For more information on what our voters have supported, look at the 2008 ballot measure.

Solano County, in our seven cities, has added housing at a faster rate than the rest of the Bay Area, or the State. We have also protected our farmlands and open spaces to help our, mostly thriving, agricultural economy. I say mostly because agriculture is an always changing marketplace with foreign competition, climate change, and investment needs, all of which present relentless challenges.

Please think long and hard about how you respond to Flannery’s pitches. As Senator Bill Dodd noted; this feels like Professor Harold Hill in the Music Man trying to sell 76 trombones.


This opinion from Mr. Kromm was reposted with permission from the Northern Solano Democratic Club, a fantastic Dem club based in  Northern Solano. If you’d like to read NSDC’s full newsletter, click here. It’s chock-full of exciting news and ideas from this amazing group, which has been operating in Solano for more than 70 years! To learn more about NSDC more generally, click here to be redirected to the NSDC website.


Other articles featuring Duane Kromm on Flannery/California Forever: