Does the current Community Advisory Panel accomplish independent oversight?
From "General Community Feedback"
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The Benicia Refinery Community Advisory Panel (CAP) exists to “provide an ongoing means of communications between the community and Valero on matters of mutual concern and interest that relate to refinery operations and their impact on the community, and to provide an advisory role to Valero on those matters.”
Some residents have shared that a proposed Industrial Safety Ordinance (ISO) would require independent oversight. Do you believe the current CAP can accomplish this independent oversight?
If not, what would the most effective form of independent oversight for the proposed ISO look like? For example:
- Could improvements be made to CAP?
- Should the Council appoint a subcommittee?
- Are there other ideas about the most appropriate form of independent oversight?
Comments(25)
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Profile of Betty Lucas Golub
Posted by:Betty Lucas Golub
1 year ago
Before the timeline for comments is closed, I want to reiterate the fact that we’ve had an advisory MOU with Valero in the past. The whole purpose of taking the ISO route was to have a document that will protect us from polluters who have a well documented history of not reporting incidents, hiding them, denying them. If we settle for having only an advisory panel over the polluters, be it Valero or some even worse oil refinery, should Valero decide to leave, this watered down version of an ISO will have been a total waste of precious time that could have been spent on many other pressing issues. Shame on us. Benicians deserve a strong ISO with an independent oversight commission. Polluters must adhere to consequences not just receive toothless advice. No resident in Benicia will complain if the ISO protects us, every resident will not only complain but potentially suffer health wise, if this ISO doesn’t protect us. I implore the city council to protect us with a strong ISO. We may never get another chance.
Profile of User 414936
Posted by:User 414936
1 year ago
Apparently, given the ongoing egregious violations that continue to occur with Valero's operations, this "independent oversight" is not working. The proposed Benicia Industrial Safety Ordinance contains a solid component of a citizen oversight committee. As a 66 year resident of Benicia, I want to see citizen-led oversight.
Profile of Betty Lucas Golub
Posted by:Betty Lucas Golub
2 years ago
Benicia needs a strong ISO and an independent oversight committee now more than ever.
1. The fact that BAAQMD and Valero dropped the ball on reporting and correcting serious chemical releases for years, is one reason.
2. CAP meetings are not duplicative nor objective. I attended my first and only CAP meeting where Valero presented it's new state-of -the-art monitoring system. When they asked for public comments, Valero staff became defensive and combative, when anyone simply reported their experience or knowledge, if it happened to be unfavorable to Valero. We cannot expect polluters to be objective. It's like asking bullies to apologize, but they keeps bullying until they are forced to face consequences.
3. A strong ISO with independent oversight is anything but duplicative. History shows CAP meetings, BAAQMD and any other monitoring system can miss important objectivity. Benicians need to protect their own health and safety. We deserve nothing less.
Profile of Cathy Bennett
Posted by:Cathy Bennett
2 years ago
@Betty Lucas Golub , I couldn't agree with you more! Add to your important points, that incoming President Trump will likely dismantle the EPA (at least he claims this is his intention). Our community will be literally without protection from harm to our population and our environment without a meaningful ISO. This 2nd draft has been watered down so much that even the Oversight Committee has become a token without adequate authority.
Profile of Andrew Smith
Posted by:Andrew Smith
2 years ago
This is both a general comment and specific to the question. The ISO is wanted and needed. It is my understanding that every county in the Bay Area that has within its borders an oil refinery also has an Industrial safety ordinance--except Benicia. Why are we so exceptional? It is as though Benicia is stuck in a time warp that has allowed it to miss clean air initiatives that swept the U.S. some 50 years ago. The recent revelation that the Valero owners have been pouring cancer-causing chemicals into our air (a pattern that the feckless Bay Area Air Quality Management District missed year-after-year) for a decade or more makes an ISO with teeth imperative. (The recent swing to an anti-renewable-energy upcoming administration in Washington makes all of these things at the local level imperative as well, it goes without saying.). The CAP does not have teeth. The CAP did not catch or prevent the flagrant violation, noted above. The ISO, if written properly and not watered down, would and should have teeth so there are real consequences to this Texas-based company (where, I guess, polluting is a part of everyday life), including millions of dollars in fines, such as was leveled against it by BAAQMD just recently. Do we as citizens really think so little of ourselves and our town that we cannot have what every other town has in place? Is it because we are in Solano County, an area that seems to struggle with feeling poorer and disenfranchised from the rest of the Bay Area (when will a BART come to us using the millions in bridge toll fees we all pay each year?). We're a proud town. The Velero oil refinery does not define us; it is one facet of the economy, its long history here notwithstanding. The town has deep roots in what allowed the Bay Area to flourish. It was our water-level geography that allowed the barges to bring people from the East to what are now Contra Costa and Alameda Counties--when the bluffs of Crocket and Vallejo probably looked like useless cliffs before the bridges finally were built. Anyway, no, the CAP is not sufficient; Valero has shown repeatedly it is NOT a team player, that it will run roughshod over a town and its people, if not forced (like an antisocial delinquent) by real consequences to follow the rules, be transparent, admit to mistakes when they occur and swiftly correct them, not meddle in this very small town's politics, etc.
[Note: the format of this website divides comments into different questions. This helps group comments, but it also means that someone reading one question but not another will miss the general comments I have made, which are relevant to all of the questions about an I.S.O. For this reason I am using much of this text to comment in the other questions as well.
Profile of Constance Beutel
Posted by:Constance Beutel
2 years ago
Definitely not, the CAP is a 'force choice' organization with Valero setting and controlling the agenda and participation. Where is the transparency of CAP agenda discussions and follow up.
Profile of Dennis Lowry
Posted by:Dennis Lowry
2 years ago
@Constance Beutel I have great respect for you and find your comments disappointing. Valero does not control the agenda, the CAP does. I solicit agenda subjects from the CAP members and we decide which we wish to discuss. Valero provides the information sometimes in a presentation, sometimes in a verbal response and sometimes in written data. All materials are published on our web page at beniciacap.com. I know you know this so why claim there is no transparency when you have attended our meetings and received materials showing how to access all of our information. I will state without reservation that none of the CAP members are under the control of Valero nor do they take direction from Valero.
Profile of Jean Walker
Posted by:Jean Walker
2 years ago
@Dennis Lowry It doesn't surprise me that you, who supported Valero's Crude by Rail proposal, are defending the Valero's CAP.
It's pretty laughable that the CAP's Bylaws Committee was only re-writing its bylaws this past April (2024) to claim there are "open communications" between "the community, civic leaders, and the Valero Benicia Refinery". Rather a coincidence, now that the members of the community want to establish their own oversight committee.
Let's drop "CAP". Let's remove the meetings from Valero's Refinery Offices. (As one Benicia citizen mentioned, she was unable to locate the meeting when she tried to attend.)
Instead, let the community of Benicia Citizens have actual open to the public, meetings .. for instance, at the Benicia Public Library.
Let the agenda be created by Benicia citizens first, then allow Valero company executives to add their ideas to the agenda.
No more hiding these Benicia Citizen meetings with Valero behind Valero's closed office doors.
Profile of Pat Toth-Smith
Posted by:Pat Toth-Smith
1 year ago
@Dennis Lowry I did not know the Cap existed until last year. So as far as a public information site, this member of the Benicia public knew nothing about it. So no, it's not the oversight Benicia needs.
Profile of Stephen Golub
Posted by:Stephen Golub
2 years ago
As indicated in most of the other comments here, the CAP is substantially Valero-influenced, has had minimal community outreach and operates with little or no transparency. It does not publish any public records of its meetings. It meets out at the refinery rather than in a location convenient to the community. It has displayed hostility toward the very idea of an ISO and toward elected Benicia representatives who went in good faith to discuss it with the panel. It does not represent the community. Nor, in view of these and many other factors, does it serve a useful, community-benefiting advisory role.
Perhaps its members mean well - I certainly do not want to denigrate them as individuals. But it has not served the community well. The CAP as an institution, its leadership and most of its members should have no role in the proposed Oversight Commission.
Profile of Dennis Lowry
Posted by:Dennis Lowry
2 years ago
@Stephen Golub I do not want to personally denigrate you as an individual but you are woefully wrong on your above position. You have attended our meetings, you know you can access all of our meeting material on the web at beniciacap.com. While you allege no community input our members represent all of the businesses within Benicia and a good cross section of the community including all of the schools in Benicia. To say that we are influenced by Valero is a blatant lie. The CAP designs and makes the agenda without input from Valero. Your statement about hostility toward ISO and an elected representative is nothing more than speaking truth to power. If the councilmember does not want to hear meaningful reasons why the ISO is a very bad idea then they not ought to be in the business of a politician. The councilmember misrepresented herself in the meeting and did not want to hear any criticism about the ISO just positive comments. Well that isn't how life works and both sides have the ability to express their opinions on any subject.
Profile of Jean Walker
Posted by:Jean Walker
2 years ago
@Dennis Lowry I believe you were appointed to the CAP by Valero because you supported Valero's plan to implement Crude by Rail. You're the one Valero is hoping will lead the civic fight against the Industrial Safety Ordinance.
As a member of the CAP, you actually *should* be either neutral, or representing Benicia citizens.
Profile of Pat Toth-Smith
Posted by:Pat Toth-Smith
2 years ago
I did not even know the CAP existed until last year. So I have no idea what they have done in the many years they have been in existence.
I do know that in 2022 we found out from the EPA that Valero had been expelling toxic levels of carcinogenic chemicals for over 15 years into Benicia's air and didn't notify us. Where was the CAP during this time?
Again, if you don't identify yourself please do not expect a response from me.
Profile of User 629508
Posted by:User 629508
2 years ago
There are existing regs, and oversite agency for each one. The first one is CalOSHA Process Safety Management Standard under Title VIII (California Program)/Fed OSHA, where the affected industrial facility should have management systems in place such as current process safety information, updated P&IDs, Mechanical Integrity Programs for reliability, Procedures that include normal operations, and actions to address process upsets and not normal operations, layers of protections, management/worker communication or team, and layers of protection such as engineered controls to prevent the incident occurring based on the process hazard analysis results. This standard protects the employees. The other Process Safety Standard is known as CalARP/Fed RMP, where the local agencies known as CUPA such as Solano County. This program is the same as CalOSHA/Fed OSHA PSM known as program level 3 is the same, but the process hazard analysis focuses on off site impacts such as releases and fires that impact the community. The ISO is a waste of money for the affected industrial facility, since they will be paying the fees for the city oversite. The facility has to communicate their efforts, and the county or their designated agency, sometime the fire department, to the local community. The CAP should be included in the existing efforts, but I am not sure if this CAP has the expertise such as Chemical Engineering background, and industrial experience to be able to understand, and point out concerns.
Profile of Pat Toth-Smith
Posted by:Pat Toth-Smith
2 years ago
@ 629508 how come you will not identify yourself? Do you work for Valero or have retirement benefits from them. Transparency is important and Valero has a place here.
Profile of Betty Lucas Golub
Posted by:Betty Lucas Golub
2 years ago
The CAP is not open to public feedback. It's like the fox guarding the hen house
Profile of City of Benicia
Posted by:City of Benicia
2 years ago
All of these comments are thoughtful and clear - thank you for your feedback! Your questions, concerns, and suggestions will be considered as the draft ordinance is developed.
Total likes: 4, total dislikes: 8
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