Category Archives: Benicia City Council

REUTERS: California planners reject Valero oil-by-rail project

Repost from Reuters – Markets

California planners reject Valero oil-by-rail project

By Kristen Hays, Feb 12, 2016 1:29pm EST

Feb 12 Valero Energy Corp’s proposed oil-by-rail project at its northern California refinery was quashed by local planners this week, the first such facility on the U.S. West Coast to end a years-long wait for permits with a rejection.

The Benicia Planning Commission late Thursday unanimously renounced Valero’s request to build the project at the conclusion of four consecutive public hearings dominated by scores of opponents.

Valero first proposed building the rail facility at its 145,000 barrels per day Benicia refinery to offload up to 70,000 bpd of inland U.S. and Canadian heavy crude three years ago.

Several other West Coast rail projects await such decisions by local or state governments. Those include Tesoro Corp’s proposed 360,000 bpd railport in Washington State – the largest in the nation – and Phillips 66’s newly-trimmed 25,000 bpd facility at its Santa Maria refinery in Arroyo Grande, California.

Others gave up with U.S. crude prices down more than 70 percent since mid-2014 on global oversupply. That decline squeezed discounts of inland U.S. crude to global crudes, eroding oil-by-rail’s profitability.

Global Partners LP last month laid off workers and said the company would drop crude handling at its ethanol terminal in Oregon in the fallout of the oil rout.

Valero can ask the Benicia City Council to override planners and approve a permit for the project. A spokeswoman said on Friday that the company would “evaluate our options for appeal.”

The staff for Benicia’s planners recommended approval.

When Valero first proposed the project, oil-by-rail was growing fast and U.S. and Canadian crudes were much cheaper than global crudes, even with added transportation costs of moving via train. Rail also gave West Coast refiners a way to tap those crudes as no major oil pipelines cross the Rocky Mountains.

Not anymore. Shipments originating on top U.S. railroads fell 23 percent by the third quarter last year from the peak of 1.02 million bpd in the third quarter of 2014, according to the American Association of Railroads.

The Tesoro project remains under review by a state council in Washington, which will hold hearings in June and July.

San Obispo County planners are expected to decide on the Phillips 66 project next month, the company said. Staff for those planners recommended rejecting the facility.

FORESTETHICS: Benicia Planning Commission unanimously DENIES Valero oil trains project

From an email by Ethan Buckner, ForestEthics

ForestEthics2From: Ethan Buckner
Sent: Friday, February 12, 2016 2:11 AM
Subject: BREAKING: Benicia Planning Commission unanimously DENIES Valero oil trains project

Extraordinary news tonight from Benicia, CA, where the town’s Planning Commission voted unanimously to deny a land use permit for a proposed oil trains project at the Valero Benicia Refinery.

The decision comes despite immense pressure from Valero, the City Staff & City Attorney who all recommended approval of the project on the basis that federal law preempted the city from even considering rail impacts in making their land use decision.

Tonight’s decision comes at the tail end of four straight nights of public hearings that have lasted past 11pm. Public comment during the hearings reflected the broad-based opposition to the oil trains project fostered by tireless grassroots organizing.

One highlight from tonight’s hearing was a statement from Donald Dean, the Planning Commission’s chair, to the City Attorney & contracted attorney (who happened to have a long history of defending high-profile oil & energy projects). He said, “I understand the preemption issue, on a theoretical legal level, but I can’t understand this on a human level.”

The decision will likely be appealed to the Benicia City Council, who could vote on the project as early as mid-March. Stay tuned for updates, because we have a big fight ahead of us.

Yard signThe lion’s share of credit here goes out to the incredible grassroots leadership of Benicians for a Safe & Healthy Community. These tireless, fierce, and deeply passionate leaders have been fighting Valero tooth and nail for over three years, and have done a tremendous job in a tough industry town to build a campaign to be reckoned with.

Hopefully this momentum carries us forward for a denial at the San Luis Obispo County Planning Commission later this month.

Onward together!
Ethan


Ethan Buckner
Extreme Oil Campaigner
ForestEthics

Everything you need to know for TODAY’S Planning Commission meeting

By Roger Straw, February 11, 2016
[Editor:  Well, ALMOST everything.  For more details, see EVENTS.  – RS]
UPDATE: 
A FOURTH PLANNING COMMISSION MEETING has been called for TONIGHT, THURSDAY, FEB. 11, 6:30pm.  Public comment is now closed, but it will be just as important to fill the chamber with concerned residents and regional support.  Be there if you can!  Arrive early to get a seat in Council Chambers.

Tonight, the first portion of the meeting will be given over to City staff and consultants.  According to Community Development Director Christina Ratcliffe, City staff will begin by discussing new materials given to Commissioners last night.  City Attorney Heather McLaughlin, notably absent during Commission procedings to date, was observed midway through the evening Wednesday delivering a huge stack of documents, presumably for Commissioners’ review.  It stands to reason that these documents will have further comments and instructions having to do with federal “preemption.”

City staff will also take time in the opening portion of tonight’s meeting to answer questions put to staff previously during the hearings, to which staff had responded that they would need to “look into it.”

Commissioners will no doubt interact with staff with further questions and clarifications, so it is likely Commissioners will not move into their final deliberations until – anybody’s guess – an hour or two (or three or four) go by.  Those deliberations and final statements are likely to take some time as well.  Director Ratcliffe advised Commissioners to bring their calendars to Thursday’s meeting, in case they need to schedule yet another continuation at a “date certain.”

PREVIOUSLY:

Benicians for a Safe and Healthy Community has been waging a critical fossil-fuel expansion battle virtually alone. Now it’s crunch time! We MUST stand with them!

On Monday and Tuesday nights, we witnessed history in the making. In an act of citizen heroism, Benicia Planning Commissioners directed pointed question after pointed question to City Staff, contract attorneys, paid consultants and Valero executives.  At critical moments, consultants couldn’t even defend their own report and some in the audience were heard to whisper “shame on you.” The hearing will continue tonight and quite possibly Thursday night.

Valero’s control over the city of Benicia is pervasive and pernicious. This battle has national and global ramifications. We need to turn out in force to encourage the Planning Commission to vote down Valero’s dirty crude proposal.

Sure, attending a meeting at Benicia City Hall at 6pm is inconvenient. But really, is this about us and our comfort level? We’re in a war for the soul of our community, our country and our planet.

Are you in?

Where: Benicia City Council Chambers | 250 East L St. Benicia
When: Arrive by 5:00 if you want a seat in the CC Chambers.
More info: http://safebenicia.org/news-and-events/


EARLIER:
Benicians For a Safe and Healthy Community is calling for a big turnout at the Monday Feb. 8 meeting of Benicia’s Planning Commission.  I join them in a sense of urgency.  See their call to action here.

This IS a critical moment for our city.  We have signed petitions, planted our yard signs, written letters to the city and the local newspapers, shown up at previous hearings … and now it all comes down to next week.

After yet another a final flood of letters by uprail agencies and environmental and legal experts; after we and Valero supporters jam City Hall and make our case on Monday, Tuesday and perhaps Wednesday and Thursday … our hard-working Planning Commissioners will close their massive 3-volume studies, ask some questions, make their own final comments, and vote.

Commissioners will vote first on whether to “certify” the Final Draft Environmental Impact Report (FEIR).  This will determine whether the report is adequate under California law, the California Environmental Quality Act (CEQA).   If they decline to certify the report, Valero will have to decide whether to 1) revise the report again and go through another set of hearings, 2) drop the project, or 3) appeal the Planning Commission’s decision to the Benicia City Council.

If on the other hand Commissioners vote to certify the report, then they will have a second vote: whether to approve or deny issuing a permit for Valero to proceed with its project.  If they vote to deny the permit, Valero will have to decide whether to start all over with a new proposal, drop the project, or appeal the decision to the City Council.  If our Commission decides to issue a permit for the project, Valero will get out the shovels and hardhats, but some among us might consider further action to stop the project, including an appeal to City Council.

Benicians for a Safe and Healthy Community has a News & Events page with all you need to know about Monday’s Planning Commission hearing.  Please come.  Plan to attend on Monday AND Tuesday.  Your presence is powerful.BSHC

Evite_Tell_BeniciaRSVP – Yes, I will attend the Feb. 8 Commission Hearing.  Click here.

Sign here!

Over 1300 have already signed the Safe Benicia petition.  Let’s hit 2000 today! Click the image above, or email us at info@safebenicia.org

WHY VALERO’S EIR FAILS:

HERE’S THE STAFF RECOMMENDATION TO APPROVE:

Benicia City Council considering whether to consider wind power

From an email by Kathy Kerridge, Chairperson, Benicia Community Sustainability Commission

Benicia City Council considering whether to consider wind power

Plan to attend on Tuesday, December 15, 7pm

On Tuesday, December 15 the city council in Benicia will decide whether to issue a request for proposals for the development of wind power in Benicia.  The requests will include looking at different siting options.

Developing renewable energy at all levels is essential to avoid the worst effects of climate change. We can be part of the solution.  Please come to the meeting at 7 to let the council know that we need to start to develop renewable energy here.  I also believe that the city might make some money on this because they would be leasing the property to the developer.  I need to further check into that, but I wanted you to mark your calendars now.  Even if you can’t come, please email the council your thoughts.

Kathy Kerridge