Category Archives: BISHO

Benicia CA, Benicia City Council, BISHO, Industrial Safety and Health Ordinance, Valero Benicia Refinery

Valero fails with last-minute orchestration of opposition to Benicia ISO

FORMER MAYOR BLASTS VALERO, BUSD, AND BENEFICIARIES OF DONATIONS AND GRANTS

BENICIA STRONG

Elizabeth Patterson, Benicia Mayor 2007 - present
Elizabeth Patterson, Benicia Mayor 2007 – 2020

By Elizabeth Patterson, Benicia Mayor 2007-2020, March 9, 2025

The Benicia Unified School District which represents the stewards of science education and protectors of young people is so worried that Texas based Valero may cut them off from the refinery donations that they testified at the City Council last Tuesday.  The BUSD administrators detailed the “generosity of Valero” implying that the proposed Industrial Safety Ordinance was a threat to the noted Valero donations.

So, did Valero tell BUSD that that is what would happen if the ISO was adopted by the City – cut donations and grants to BUSD – or why else would they testify?  A public member in the council chambers asked for a point of order (and was told that was not in order!) because the subject for public comment was the Industrial Safety Ordinance.  Yet, speaker after speaker including the Benicia Chamber of Commerce testified about donations, grants and the business benefits of Valero.  There was no acknowledgment of air pollution, safety concerns and public health protection.

And what does the ordinance do that is such a threat to Valero’s existence that the recipients of Valero’s generosity spoke for nearly two hours?

The introduced ISO ordinance establishes that the City of Benicia is entitled to any and all reports filed to federal, state and county regulatory entities.  In other words, a seat at the table.  No audit. No requests for more information.  Just provide the city the same information as the regulators.

The ordinance provides for a process of installing air monitors throughout the city in anticipation of the Bay Area Air District dedicating about $60 million of the $82 million from the largest fine assessed for air quality violations in California.  Against Valero.  Here in Benicia.

Other Industrial Safety Ordinance’s elements include a citizen’s oversight commission to provide opportunities for the public to learn about public health, air quality, meaning of actions taken by the regulators and direct access to city staff.  This is everything a community deserves – information, facts, transparency of what the regulators are doing or not doing and sharing among qualified commission members.

The commission is an opportunity to have ex officio members (An ex officio commission member typically holds expertise in a particular area that can be helpful to the commission in carrying out its duties).  The ISO explicitly provides for non-voting ex officio members.  This is modeled after the Benicia Community Sustainability Commission which has designated seats for Valero, Good Neighbor Steering Committee and BUSD.

Industrial Safety Ordinance supporters highlighted “incidents” over two decades to stress the need for involvement in understanding causes and corrective actions. They detailed air monitoring that is currently inadequately detecting toxic air pollution affecting Benicia businesses and residents.

Clearly the most egregious failure of Valero operations is the hydrogen vent at the refinery leaking 2.7 tons of toxics into the air for 15 years and never reported until the Bay Air District discovered the leaks.  That is the reason for the largest fine assessed for air pollution and refinery standards.

During the City Council meeting for the introduction of the final version of the ISO, a spokesperson effectively represented the ISO supporters, thereby saving the City Council from additional hours of testimony.  Because the supporters participated actively at the subcommittee stakeholder table throughout the sixteen months, they had made their interests and concern known throughout that period.

The opponents were given every opportunity to refine and improve the ISO.  The last-minute effort apparently orchestrated by Valero to torpedo the introduced ISO failed.  The City’s process shows that stakeholders should participate and discuss the necessity of ISO based on facts, not fear.

Time will tell if Valero punishes BUSD, youth sports, charitable organizations, the arts and the host of beneficiaries of donations and grants because the City Council unanimously agreed the city has a need for and deserves a seat at the table.  Bravo to the City Council: public health and safety first.  Benicia strong.

Elizabeth Patterson, Mayor 2007-2020

Benicia CA, Benicia City Council, BISHO, Industrial Safety and Health Ordinance, KQED, Valero Benicia Refinery

KQED NEWS: Benicia Moves Toward Tougher Oversight of Valero Refinery

BISHO Working Group report on the March 4th City Council Meeting

By Julie Small, KQED News, Mar 6, 2025

The Benicia City Council plans to vote on a controversial industrial safety ordinance next month despite fierce opposition from oil giant Valero and other industrial businesses that operate in the city.

Oil executives, employees and residents packed a City Council meeting Tuesday to weigh in on the proposal, which would create a citizens’ oversight commission, boost community air quality monitoring and empower city officials to issue fines for safety and air quality violations.

The new law would replace an existing agreement with Benicia. Valero has threatened to sue the city if it moves ahead with the ordinance.

“It’s a governmental overreach, significant governmental overreach — even in California!” Lauren Bird, general manager and vice president of the Benicia refinery, told the council. He touted the facility’s track record of responding to and containing plant malfunctions.

“ We work hard every day to maintain a safe operation,” Bird said. “Are we perfect? Absolutely not. But we work round the clock, 24/7, 365 days, multiple times a shift, multiple people, dedicated people who work hard, who are well trained, who are capable.”

Dozens of refinery employees and company supporters praised Valero for financial contributions to the community and warned against alienating the town’s largest taxpayer.

“ If you keep poking that golden goose, one day it’s going to fly away,” said Mark Hughes, a former council member. “And that’s not a threat, that’s not any inside information I have about Valero. It’s just the likely outcome of a company that constantly feels that it’s being pushed away.”

But Anthony Burnasconi said residents like him are paying too high a price for Valero’s community investments.

“Valero can build baseball fields and donate to the schools, and that is good,” Burnasconi said. “But Valero is also a multibillion-dollar corporation that can spill poison into our air.”

–> Bay Area Air District Hits Valero’s Benicia Refinery With ‘Historic’ $82 Million Fine

Last year, the regional air district fined the company $82 million for failing to report excess toxic emissions at the Benicia refinery. Those releases occurred between 2003 and 2019 and were not disclosed to the public until 2022.

“More important than the amount of money involved was the number of years that the problems had been ignored,” said ordinance proponent Terry Mollica, speaking after Tuesday’s vote. “Sixteen years of just sweeping the problem under the rug. That’s what people want the ISO to address.”

“Benicia showed up tonight,” said Councilmember Kari Birdseye, who, along with Councilmember Terry Scott and Benicia Fire Chief Josh Chadwick, refined the industrial safety ordinance over 14 months and held dozens of meetings with stakeholders.

“Whether they were for or against it, all of the testimony was very impactful and meaningful to our final decision, and I am over the moon with the 5–0 vote,” Birdseye said. “It showed that our council takes the health and safety of Benicia very seriously.” 

Supporters of the ordinance held sunflowers while the dozens who came to speak against the ordinance sported Valero’s dark blue uniforms and T-shirts. Parents on both sides brought their children.

Resident Julian Christi put it simply, saying, “I just want to keep my family safe.”

His daughter Charlotte also addressed the council.

“I am 10 years old, and I’ve lived in Benicia all my life — it’s all I know,” she said. “I go to Joe Henderson Elementary, and I would like to say that I am also in favor of the ISO.”

Benicia CA, Benicia City Council, BISHO, Industrial Safety and Health Ordinance, Valero Benicia Refinery

Benicia City Council votes 5-0 to approve latest draft of the Industrial Safety Ordinance (“ISO”)

BISHO Working Group report on the March 4th City Council Meeting

By BISHO Working Group, concerned citizens supporting adoption of the Benicia Industrial Safety and Health Ordinance (BISHO), March 5, 2025

The BISHO Working Group is very pleased to announce that the Benicia City Council unanimously voted last night to approve the latest draft of the Industrial Safety Ordinance (“ISO”). The 5-0 vote approved of the “first reading” and will now progress forward to a “second reading” sometime late March to mid-April, 2025. This is a huge victory!

Council Chambers were packed with both opponents and supporters of the ISO. The public comment from both sides lasted several hours.

Opponents included Valero Benicia Refinery Vice President and General Manager Lauren Bird and numerous employees, contractors and tradesmen, as well as several civic organizations who were concerned that Valero’s charitable support for school, civic and sports programs might cease if the ISO were adopted.

Proponents pointed out that while Valero’s civic and charitable work is much appreciated, its spotty track record for health and safety was not.

Others spoke passionately and told stories about how these emissions have affected them and their families personally.

Terry Mollica spoke on behalf of BISHO and pointed out that Valero had been fined $82 million by the Air Resources Board for 16 years of violations between 2003 and 2019 for releasing hydrogen sulfide at a rate of 2.7 tons per day, over 360 times the legal limit – and that as recently as Monday, March 4, 2025, fence-line monitors showed emissions over three times above safe levels.

The meeting was covered by KQED NEWS. See reporter Julie Small’s coverage at Benicia Moves Toward Tougher Oversight of Valero Refinery.

The March 4 vote will not be the final step in the adoption process, but it now seems likely that the draft ordinance will be adopted at the “second reading.”

Mayor Steve Young explained that the City had commissioned a study from a private consultant to estimate the fees necessary to administer the program, as had been requested by Valero and other regulated businesses. That report is expected to be released in draft form in late March or early April, 2025.  The “second reading” will take place after that report is available

Though we are pleased with the progress to date, there is still much to be done to implement the law once it is adopted, especially making recommendations for appointees to the Oversight Commission. BISHO is actively investigating potential nominees and will make recommendations, and encourage likely candidates to apply. Please let us know if you have an interest serving on that commission.

The Working Group is asking supporters to express their appreciation to the City Council, and especially to Vice Mayor Terry Scott, Council Member Kari Birdseye, and Chief Chadwick, who have worked so hard to bring us to this point. Below is their contact information:

And… a big thanks to you for your support, for showing up, for contacting your elected officials. It wouldn’t have happened without all of us working together.

Congratulations!

Sincerely,

The BISHO Working Group

Benicia CA, Benicia City Council, BISHO, Industrial Safety and Health Ordinance, Valero Benicia Refinery

Show up NOW! Benicia City Council meeting starts at 6pm

UPDATE: Good news! On March 4, Benicia City Council voted unanimously in favor of moving forward on the draft Industrial Safety and Health Ordinance. 

All Hands on Deck! Valero already has a bunch of their people present, hoping to take up all the seats!

** If you can’t attend in person,
you can participate online here: ZOOM link.
(Checking in on ZOOM later than 6pm is ok!)

Valero Refinery is scheduled to give a 15 minute presentation. Those who have organized and researched and labored for years on this project need YOU, need an overwhelming show of support this Tuesday, to forestall any attempts to weaken or delay the Draft ISO. Please attend in person or online!

Benicia residents need to show that we are not intimidated by an outside mega-corporation. Please show support for our City Council and Fire Chief as they take the first of two votes to adopt an ordinance that will keep us and our friends and families safe.

BELOW is the BISHO Working Group’s latest press release.

If you can’t attend in person, you can participate online here: ZOOM link.

See you there!

BENICIA CITY COUNCIL TO HEAR FIRST READING OF DRAFT ISO, MARCH 4

Benicia Industrial Safety and Health Ordinance group (BISHO), February 28, 2025

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: