From the Benicia Independent, by Roger Straw, September 21, 2016

Surprise unanimous vote – no to oil trains in Benicia!

Valero’s dirty and dangerous proposal to bring in Bakken and Tar Sands crude oil on trains from North Dakota and Canada is dead.

Opponents of the proposal worried and wondered for months whether a 3rd swing vote could be found on Benicia’s 5-member City Council.  On Tuesday night, the wondering came to a sudden fairy tale conclusion: a unanimous vote to deny the land use permit and stop the project dead in its “tracks.”

Benicia’s City Council vote follows a February unanimous vote of the Benicia Planning Commission to deny the project. Valero appealed the February decision to the Council, then received a six month delay to request backing from the federal Department of Transportation’s Surface Transportation Board (STB).

On Tuesday night, following a motion to deny by Council member Tom Campbell and seconded by Mayor Elizabeth Patterson, Council members Christina Strawbridge, Alan Schwartzman and Mark Hughes all expressed mounting concerns about on-site health, safety and environmental concerns. City staff was directed to revise it’s resolution to deny the project, and to return for a final vote on October 4. [NOTE: A revised version of the resolution was presented at the 9/20/16 Council meeting, taking into account a late-breaking same-day Surface Transportation Board decision. The revised version is not yet available in digital format on the City’s website as of this reporting.]

Which brings us to the OTHER SURPRISING, BREAKING NEWS:

Earlier on Tuesday, September 20, the same day as Benicia’s City Council meeting, the Surface Transportation Board issued a statement denying Valero’s petition for a declaratory order. On May 31, Valero submitted a petition asking the STB to rule that the Benicia Planning Commission’s unanimous February 11 decision denying Valero’s oil train proposal is preempted by federal law. In effect, yesterday the STB denied Valero’s petition for declaratory order.

“The Board finds here that there is no preemption because the Planning Commission’s decision does not attempt to regulate transportation by a “rail carrier.” The Board’s jurisdiction extends to rail-related activities that take place at transloading (or, as here, off-loading) facilities if the activities are performed by a rail carrier, the rail carrier holds out its own service through a third party that acts as the rail carrier’s agent, or the rail carrier exerts control over the third party’s operations.8 The record presented to the Board in this case, however, does not demonstrate that Valero is a rail carrier or that it is performing transportation-related activities on behalf of UP or any other rail carrier at its off-loading facility.”

Citing arguably similar case law, the STB repeatedly points out that Valero is not a “rail carrier” and that Valero would not be “performing offloading under the auspices of a rail carrier.”

Further, the STB rules that “Valero has not demonstrated that the Planning Commission’s decisions unreasonably interfere with Union Pacific’s common carrier operations.” Under federal law, “accordingly, this situation…does not reflect undue interference with ‘transportation by rail carriers’ within the Board’s jurisdiction.”

The STB ruling also provided guidance on the issue of preemption as it applies to any mitigations and conditions of approval that directly impact rail operations. The ruling strongly restated federal preemptory powers on any mitigation measures or conditions of approval that would “regulate Union Pacific’s rail operations on its lines.” But it went on to say, “State and local regulation is permissible where it does not unreasonably interfere with rail transportation….Localities retain their reserved police powers to protect the public health and safety so long as their actions do not discriminate against rail carriers or unreasonably burden interstate commerce. For example, local electrical, plumbing, and fire codes are generally applicable.”

The STB’s guidance continues, “State and local action, however, must not have the effect of foreclosing or unduly restricting the rail carrier’s ability to conduct its operations or otherwise unreasonably burden interstate commerce.” And finally, “If the offloading facility were eventually to be constructed but the EIR or the land use permit, or both, included mitigation conditions unreasonably interfering with UP’s future operations to the facility, any attempt to enforce such mitigation measures would be preempted…”

The exact definition or meaning of “foreclosing or unduly restricting” and “unreasonably interfering with” was not spelled out in yesterday’s STB ruling.

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Archive copy…

OIL TRAIN EXPLOSION IN OREGON!
DEMONSTRATION IN BENICIA TUESDAY, JUNE 7 5:45PM
East 2nd & Military
Benicia Awareness and Action!

Everyone said it would happen again soon.
Well, last Friday was “The Next BIG ONE” …
… and one more is one too many!

We heard the news over the weekend that another train derailed and exploded in Mosier, Oregon alongside the beautiful Columbia River Gorge. Mosier Fire Chief Jim Appleton said “I hope this becomes the death knell for this mode of shipping. I think it’s insane.” Appleton had previously assured his community that UP had a great safety record and rail accidents were rare. He has changed his mind. The foam to put out the fire could not be used for the first 10 hours after the spill because the metal cars were too hot. Appleton said “That was kind of an eye opener for me.“ He said that if it had happened a day earlier in strong winds, all of the 96 cars could have easily caught on fire.

At 5:45 p.m. Tuesday, join us at the corner of East 2nd & Military in Benicia to protest the growing presence of explosive Bakken crude oil trains in the U.S. and Canada. Together, we will call attention to the role that Benicia might play in future explosions like the one that took place today, should the City permit Valero Refinery to build a crude-by-rail offloading facility here.

Valero Benicia wants to bring Bakken crude oil trains to our town. This same disaster could happen here, or anywhere along the rails on the way to our small city.

Benicia’s great opportunity in coming months is for our City Council to join with our Planning Commission to say a firm NO THANKS to Valero. STOP Crude by Rail!

Benicians for a Safe and Healthy Community
(707) 742-3597
info@SafeBenicia.org
http://safebenicia.org/

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UPDATE ON APRIL 7:

UPDATE ON MARCH 21:

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PLANNING COMMISSIONERS STOP VALERO’S DIRTY AND DANGEROUS PROPOSAL, BUT WE’RE NOT DONE YET!

On Feb. 11, 2016, the Benicia Planning Commission voted unanimously to deny the land use permit for the proposed Valero oil train terminal.  Valero can appeal the decision to the Benicia City Council.

“The unanimous vote by the Planning Commission to reject this deeply flawed environmental review is a vindication of the concerns that people in the community have had since this project was first proposed. It took three years of work in the community to build public pressure. The Planning Commission was thorough and methodological in their deliberation. The message to the city council is absolutely clear – they must reject this proposal and reevaluate how much trust they can put in their own staff and city attorney.”  – Andres Soto, Benicians for a Safe and Healthy Community

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PREVIOUSLY (PAST EVENTS)

PLANNING COMMISSIONERS STOP VALERO’S DIRTY AND DANGEROUS PROPOSAL, BUT WE’RE NOT DONE YET!

On Feb. 11, 2016, the Benicia Planning Commission voted unanimously to deny the land use permit for the proposed Valero oil train terminal.  Valero can appeal the decision to the Benicia City Council.

“The unanimous vote by the Planning Commission to reject this deeply flawed environmental review is a vindication of the concerns that people in the community have had since this project was first proposed. It took three years of work in the community to build public pressure. The Planning Commission was thorough and methodological in their deliberation. The message to the city council is absolutely clear – they must reject this proposal and reevaluate how much trust they can put in their own staff and city attorney.”  – Andres Soto, Benicians for a Safe and Healthy Community

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BIG EVENT CONTINUED WEDNESDAY, (and maybe Thurs!). FINAL HEARINGS – PLAN TO ATTEND!

IF YOU WERE SIGNED UP TO SPEAK BUT WERE UNABLE TO ATTEND A PREVIOUS MEETING, YOU WILL BE ALLOWED TO SPEAK TONIGHT!  COME BACK AND TRY AGAIN!

After nearly 3 years of strong local and regional opposition and warnings from a host of experts and officials, Valero’s reckless proposal is going to the Benicia Planning Commission for final hearings and a vote.  Our city staff has actually recommended approval!  YOU are needed! Plan now to attend.  Bodies count, even if you don’t speak at the event!

Where:   Benicia City Council Chambers | 250 East L St. Benicia
When:     Feb. 8, gather at 5:00pm, hearings start 6:30pm
RSVP:      bit.ly/SafeBenicia
PETITION:  Over 1300 of you have already signed the Safe Benicia petition.  If you have not yet signed, please do so now.  Go to bit.ly/StopValeroOilTrains.  Add your personal comments or just push the button.

The City has UPDATED it’s “sign-up to speak” policy:

1. After 8:30am on Feb. 8, you may PHONE in your request to speak at the public hearing: 707) 746-4280.
2. You may sign up yourself AND family members or friends who are unable to be present to sign up.
3. You don’t even need to give your name, address, etc.

PLAN AHEAD: There will very likely be AT LEAST THREE EVENINGS of hearings.  Set aside time TODAY (and on Thursday in case you don’t get to speak today).  See details below about the meetings.  Many of us will attend each night, in anticipation of Commissioners’ final comments and the vote.

PREPARE!

• PLANNING COMMISSION – Agenda
• PLANNING COMMISSION – Staff Report (with recommendation for approval)
• MORE on SafeBenicia.org
• MORE on Facebook: STOP CRUDE BY RAIL
• MORE on BeniciaIndependent.com

A THIRD HEARING will be held on Wednesday, February 10 at 6:30pm.  AN ADDITIONAL MEETING is scheduled to hear public comment on Thursday, February 11 at 6:30 pm. The Thursday meeting will be held only if needed. If all public comment is provided and the Planning Commission takes action, the agenda item will be closed and the additional meeting(s) will be cancelled.

IF YOU WISH TO COMMENT DURING THE HEARING: 
The City is instituting a sign up system in order to speak during the public hearings. According to the City’s website, you will be “allowed to speak in order of sign up. Sign ups will be available on the day of the meeting(s) from 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. at the Community Development Department. If you are unable to come in person, please call 707-746-4280 to be added to the list. At the hearing, please go to the sign up table just outside of the Council Chambers. Your name will be called in the order in which you signed up. You do not have to sign up in order to speak.  However, you will not be called on until those who have signed up have spoken.  In order to accommodate the public, we have arranged for overflow rooms in City Hall with the hearing streaming for you to view and listen. You can also view the event live from the City’s website.”

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OCTOBER 2015 PUBLIC HEARING NOW CLOSED
on Valero Crude by Rail Revised DEIR

IMPORTANT NOTE: All speakers were heard at the first Planning Commission hearing on Tues., Sept 29, so all previously scheduled additional hearings have been cancelled.
THERE WILL BE NO HEARINGS on Sept. 30, Oct. 1 and Oct. 8.
Your WRITTEN thoughts and comments still welcome – see TAKE ACTION!

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PAST EVENTS …

PUBLIC HEARING
on Valero Crude by Rail Revised DEIR

Tuesday, September 29, 2015, 5:30pm
Benicia City Hall, 250 E L St., Benicia
Revised environmental report on
Valero Crude by Rail

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PAST EVENTS …

Bay Area Air Quality District
hosting informational meeting
in Benicia

Thursday, September 17, 2015, 6-8pm
Robert Semple Elementary School
2015 East 3rd Street,  Benicia

Despite years of effort by Bay Area refinery communities like Benicia, the Bay Area Air Quality Management District staff has once again ignored community concerns and refused to place quantifiable emissions limits on Bay Area refineries in their proposed new “emissions” rules.

This “Open House” format is designed to minimize public input on these rules due to the highly critical reception Air District staff received earlier this year from informed Benicia residents.

Please attend this “Open House” and let the BAAQMD staff know you are dissatisfied with their proposed rules and that we expect them to serve us and not the oil industry in our effort to clean up local air quality. Please share the comments on the CBE handout with the staff and demand real refinery emissions reductions.

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Benicia Torchlight Parade
Friday, July 3, 5:30pm, East B Street

Benicia’s Independence Day parade stretches along First Street and includes dancers, floats, clowns, entertainment – and again this year, our own passionate call for health and safety in Benicia.  Join us on Friday, July 3, 2015, 5:30 pm, as we march in the annual Benicia Torchlight Parade to stop oil trains in Benicia, California!  Gather at the east end of East B Street, just outside the Marina office.

After the parade, join Benicians for a Safe and Healthy Community and the San Francisco Projections Department for spectacular light projections at dusk/dark, near the State Capitol.  Gather on First Street around 8:30pm for the show.

For the past two years, local and regional citizens have been fighting to stop the Benicia Valero Refinery’s proposal to  transport 100 cars of explosive crude daily from the Bakken Fracking Fields of North Dakota.  So far, we have been able to hold off this dangerous and foolish project.  But we need your help for the final push!

Honoring the spirit of the Declaration of Independence and it’s rallying cry to end tyrannical rule, we are marching in the parade to let the politicians sitting in the viewing stand know that this project is unacceptable!

No more exploding trains. No more tar sands. No more Bakken.  No more Climate Catastrophe!  March with us on July 3, 2015, a truly effective way of getting our message to those who need to hear it!

Please tell us you are coming on the Facebook Event page.  (RSVP definitely NOT required!)

…This event is part of nationwide Stop Oil Train WEEK OF ACTION, commemorating Lac-Mégantic, Quebec, where 47 dear ones lost their lives following a Bakken Bomb Train explosion.

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The Benicia Independent published the following report on our May 7 Rally:

May 7, 2015 – Another Oil Train Just Exploded!
Rally for Awareness.  Oil train explosion in Heimdal, North Dakota on May 6, 2015.  Don’t let this happen in Benicia … or anywhere uprail of Benicia on account of Benicia!  (Story below.)

In March 2015, the Steering Committee of Benicians for a Safe and Healthy Community (BSHC) adopted a Plan for the Day After the Next BIG ONE.   When news broke on May 6 of the derailment and explosion in Heimdal, North Dakota, the plan was implemented.  On the day of the explosion, members hastily sent out email invitations to the media and to the extensive BSHC mailing list, calling for a Rally for Awareness on the “Day After.”

In the evening of May 6, Benicia residents gathered an created a huge banner reading, “Another Oil Train Just Exploded!  Don’t Let This Happen In Benicia!”

May 7 was a Wednesday, so the short-notice turnout was light.  Still, 21 of us gathered in City Park on a weekday morning, and two news media reps showed up.  BSHC spokesperson Andrés Soto spoke, as did Marilyn Bardet and several rally attendees.  Passing cars honked and gave thumbs-up, pedestrians stopped to talk and to offer encouragement and thanks.  The photo above appeared in the Vallejo Times-Herald.

STAY TUNED – regrettably, there will be another Next Big One.  The Plan for the Day After will undoubtedly need to be exercised again in coming weeks or months.  To be added to BSHC’s email notification list, go to SafeBenicia.org.

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THURSDAY, MAY 6, 2015, 11:45 a.m.

Oil Train Derails, Explodes in North Dakota –
Rally for Benicia Awareness and Action!
CITY PARK, FIRST & MILITARY, BENICIA, 11:45 a.m.

Everyone said it would happen again soon.
Well, Wednesday, May 6 was “The Next BIG ONE” …
… and one more is one too many!

We heard all-too-familiar news this morning – that an oil train derailed and exploded in North Dakota.  Only this time, it was just four days after the Department of Transportation released new rules for trains hauling hazardous crude oil. Residents of the town of Heimdal, North Dakota were evacuated and warned about smoke inhalation.  Thankfully, as of this writing, no one was injured or killed, but lives are upset, the land and air are fouled, and rainwater is gathering in an intermittent nearby waterway known as the Big Slough, which feeds into the James River 15 miles downstream.

At 11:45 a.m. Thursday, join us in City Park, First & Military in Benicia to protest the growing presence of explosive Bakken crude oil trains in the U.S. and Canada.  Together, we will call attention to the role that Benicia may (or may not) play in future explosions like the one that took place today, should the City permit Valero Refinery to build a crude-by-rail offloading facility here.

 Today’s explosion in North Dakota is the fifth explosive derailment that has occurred in the U.S. and Canada this year, including these previous accidents in 2015:

• Gogama, Ontario Canada
• Mount Carbon, West Virginia
• Galena, Illinois and
• Another one in Gogama, Ontario, Canada.

Since July of 2013, when a train carrying explosive Bakken crude oil from North Dakota derailed causing the deaths of 47 people in Lac Mégantic, Quebec, there have been four additional explosive derailments of Bakken crude in North America:

• Aliceville, Alabama in November, 2013
• Casselton, North Dakota in December of 2013
• New Brunswick, Canada in January of 2014, and
• Lynchburg, Virginia in April of 2014.

Because Valero plans to bring Bakken crude oil to Benicia, this same disaster could happen here, or anywhere along the way to our small city.

Benicia’s great opportunity in coming months is to say a firm NO THANKS to our friends at Valero, and to wish them well in our shared future of clean and renewable energy.

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                                          …yard sign stolen or vandalized?  See here…
 

 PAST EVENT: Community Forum & Update, Jan. 18, 2015
SEE VIDEO OF FORUM SPEAKERS ON YOUTUBE (Many thanks to Constance Beutel!)

• Learn more about Valero’s crude by rail project and how it might affect Benicia residents at a Community Informational Forum on Sunday, January 18, 2015, from 1:00 to 4:00 pm at the Benicia Public Library, 150 East L Street, Doña Benicia Room. The Forum is sponsored by Benicians for a Safe and Healthy Community (BSHC), a grassroots advocacy organization working to STOP crude by rail in Benicia.
• You’ll hear from guest speakers:
  • Antonia Juhasz, oil and energy analyst, award-winning author and investigative journalist,
  • and Diane Bailey, Senior Scientist in the Health and Environment Program for the Natural Resources Defense Council.
• Members of BSHC will also provide an update on our work.
  • Marilyn Bardet will discuss the history and status of the project’s Draft Environmental Impact Report (DEIR).
  • Andrés Soto will discuss the local, regional and cumulative impacts of transporting crude oil by rail. There will be plenty of time for questions, discussion and brainstorming.
• Join and share this event on Facebook: facebook.com/events/1559893007591648/
• For more information about the Community Forum or BSHC, please call (707) 742-3597, or email info@SafeBenicia.  More information on Valero Crude by Rail here on SafeBenicia.org and at BeniciaIndependent.org.

The Public Comment period on Valero’s Draft Environmental Impact Report (DEIR) closed on Monday, September 15.  YOUR VOICE IS STILL IMPORTANT!  Learn more, get a yard sign, write a letter!  Go to our Learn More page AND check out The Benicia Independent where you can read Project Documents and Project Reviews.

ONGOING EVENTS

• The Benicia Planning Commission meets on 2nd Thursday 7:00 p.m. in the Council Chambers.  Names of our Planning Commissioners, agendas and minutes can be found here: http://www.ci.benicia.ca.us/index.asp?Type=B_BASIC&SEC={7852828E-F72B-42A3-83D6-F1C06E273ED0}
• Benicia City Council meetings are scheduled for the 1st and 3rd Tuesday of each month at 7:00 p.m. in the Council Chambers.  Council Agendas are available here: http://benicia.siretechnologies.com/sirepub/meetresults.aspx. Council Minutes are available here:  http://www.ci.benicia.ca.us/index.asp?Type=B_BASIC&SEC={7E37BB4D-0178-4893-9372-300A6EDBDE1E}.

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PLEASE HELP US RAISE MONEY to organize concerned citizens of Benicia to oppose this dangerous project that Valero is proposing. We need support with printing flyers, mailers and miscellaneous costs. Your GOFUNDME contribution will make a world of difference to our grassroots organization of Benicia residents.  Another way to help: Like our logo?  Here’s our STORE (cafepress.com/safebenicia) where you can buy our stuff, and support our cause with a few bucks!  Thank you!!  Contact Us: BENICIANS FOR A SAFE AND HEALTHY COMMUNITY – P.O. Box 622, Benicia, CA 94510 – (707) 742-3597.