HomeMy WebLinkAboutMINUTES - 01121993 - H.A1 9:00 A.M.
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 12, 1993, by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak, and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Presentation by the Contra Costa Council, Council of Industries and Industrial
Association.
The Board heard the presentation by the Contra Costa Council, Council of Industries
and Industrial Association of their collective survey of industry in Contra Costa County,
ACCEPTED oral report and AUTHORIZED GEMEDA to continue to work with industry
and the coalition, and to report on the February 9, 1993 agenda, through the Economic
Progress Subcommittee, on the recommendations contained in the Board's September 22,
1992 order pertaining to encouraging growth and development in Contra Costa County.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Su sora on the date shown.
ATTESTED: /a, / 9 9 3
"'-``'°�'`.�
PHIL BATCHELOR,Werk of the Board
of Supervisors and county Administrator
By oeputy
cc: GEMEDA
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BOARD 4
HIGHLIGHTS OF INDUSTRY'S PROGRESS
SINCE 1978
• Improved Air Quality
- Voluntary elimination of certain chemicals
- Installation of new equipment
- Modification of processes
- Substitution of raw materials
- Raised consciousness of employees
• Reduced Waste
- Recycling
- Substitution of raw materials
- Engineering Solutions
- Process changes
• Improved Water Quality
- Expanded treatment facilities
- Engineering solutions
- Advanced testing methods
- Installation of state of the art equipment
• Fresh Water Conservation
- Recycling
- Use of reclaimed water
- Employee involvement
- Equipment modifications
• Improved Plant Safety
- Training
- Drills
- Inspections and Modifications
- Equipment installation
- Emergency Response Teams & Mutual Aid
• Accountability to our Community
Formed CAER Group (Community Awareness and Emergency Response)
Hold open meetings/Public Hearings
Formed CAP's (Community Advisory Panels)
- Conduct Facility Tours
Risk Communications Programs
BOARD 5
INDUSTRY'S CHALLENGES
Federal Agencies
I. U.S. ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA)
A. Resource Conservation and Recovery Act (RCRA)
• Corrective Action Program (RCRA Facility Investigation/Corrective Measures Studies)
• Treatment, Storage, and Disposal Facility Permitting
• Hazardous Waste Generator Requirements
• Hazardous Waste Identification
• Off-site Transportation (Manifesting & Taxes)
B. Clean Air Act
• National Emission Standards for Hazardous Air Pollutants Standards (NESHAPS)
• National Ambient Air Quality Standards for Criteria Pollutants (NO., SO, particulate
matter, carbon monoxide, lead, and ozone)
• New Source Performance Standards
• RFG - Reformulated Gasoline
• Detergent Additives
C. SARA TITLE III (SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT)
• Community Right to Know Reporting - Stage I & 2 Reporting
D. Superfund
• Superfund Trust Fund Taxes
• Unauthorized Release Reporting
• National Priorities Lists and Potentially Responsible Party Identification
Il. U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
• Hazard Communication
• Permissible Exposure Limits for Air Exposures
• - General Industry and Construction Safety Regulations
111. UNITED STATES COAST GUARD
• Oil Spill Clean Up (OPA 90)
• Unauthorized Release Reporting
IV. UNITED STATES ARMY CORPS OF ENGINEERS
• Wetlands Delineations
• Construction in Wetlands
• Dredge and Fill of Harbors and Waterways
BOARD 5
State and Regional Agencies
I. Air Agencies - CALIFORNIA AIR RESOURCES BOARD (CARE) and BAY AREA
AIR QUALITY MANAGEMENT DISTRICT (BAAQMD)
• California Phase 1 Gasoline
• California "Clean" Diesel
• Oxygenates for Fuels
• California Phase 2 Gasoline
• Toxic Hot Spot Emissions Reporting
• Solid Waste Assessment Testing for Landfill Gases
• NOX - Boilers/Heaters, IC Engineers, & Gas Turbines
• Fugitive Organic Chemical Emissions - Phases 1 & 2
• Terminal and Bulk Plants
• Employee Trip Reduction
• Clean Vehicle Fleets
1I. Water Agencies - STATE WATER RESOURCES CONTROL BOARD & SAN
FRANCISCO BAY REGIONAL WATER QUALITY CONTROL BOARD
• Selenium Concentration Reduction
• Waste Discharge Requirements for Surface Water Releases, especially Acute and
Chronic Toxicity Requirements For Testing With "Trout"
• Stormwater Runoff Permitting and Monitoring
• Discharges to Land and Groundwater Clean Up Requirements
• Pretreatment Standards for Sewer Discharges to meet POTW discharge requirements
• Underground and Above Ground Storage Tank Regulations
III. Hazardous Substances and Wastes Agencies - DEPARTMENT OF TOXIC
SUBSTANCES CONTROL (DTSC)
• Waste Reduction (Integrated Waste Management Plan)
• PBR (Permit by Rule) and other levels of treatment operations permitting
• Hazardous Waste Site Clean ups
• SB - 14 (Hazardous Waste Minimization Plan)
IV. Natural Resources Agencies - STATE LANDS COMMISSION & DEPARTMENT OF
FISH AND GAME
• Oil Spill Prevention
• Oil Spill Requirements
0 Endangered and Threatened Species Restrictions
BOARD 5
V. Occupational Safety Agencies -CALIFORNIA OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION
• AB 100 - CA Oil Refining and Chemical Plant Safety and Preparedness Act
• SB 198 - Illness and Injury Prevention Plan
Local Agencies
1. CONTRA COSTA COUNTY HEALTH SERVICES DEPARTMENT
• Business Plan
• Underground Storage Tank Permitting
• Risk Management and Prevention Program (RWPs)
1I. COUNTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
* Land Use Permits
• Zoning Requirements
III. LOCAL FIRE DISTRICTS
• Uniform Fire Code Requirements for Flammable & Hazardous Materials Storage
RECEIVED
JAN 1 2
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CLERKCBOAP.D OF FU
PRESENTATION TO
THE
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
JANUARY 12, 1993
BY
JAMES M. CLEARY
PRESIDENT AND CHIEF EXECUTIVE OFFICER
TOSCO REFINING COMPANY
GOOD MORNING
I'M JIM CLEARY, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF
TOSCO REFINING COMPANY. WE OPERATE THE AVON REFINERY, A
WORLD-SCALE PETROLEUM REFINERY LOCATED IN MARTINEZ AND
ARE HEADQUARTERED IN CONCORD, BOTH WITHIN SUPERVISOR
MCPEAK'S DISTRICT. WE HAVE APPROXIMATELY 950 EMPLOYEES,
900 OF WHOM WORK IN CONTRA COSTA COUNTY.
ITS BOTH A PLEASURE AND AN HONOR FOR ME TO BE HERE THIS
MORNING; A PLEASURE BECAUSE, UNFORTUNATELY, INDUSTRY
DOESN'T OFTEN GET THE OPPORTUNITY TO MAKE A NON-
CONTENTIOUS PRESENTATION TO THE BOARD OF SUPERVISORS AND
AN HONOR BECAUSE I AM REPRESENTING A DISTINGUISHED GROUP
OF COMPANIES AND ASSOCIATIONS WHO PLAY ACRITICAL ROLE IN
THE CONTINUING SUCCESS OF CONTRA COSTA COUNTY.
WITH ME TODAY ARE THE FOLLOWING PEOPLE: (BOARD 1)
FIRST, THE EXECUTIVE DIRECTORS OF THE EIGHT MOST
SIGNIFICANT TRADE ASSOCIATIONS REPRESENTING INDUSTRY IN
CALIFORNIA AND IN CONTRA COSTA COUNTY. AS YOU CAN SEE
FROM THIS EXHIBIT, THESE ASSOCIATIONS REPRESENT EMPLOYERS
OF APPROXIMATELY 1.5 MM EMPLOYEES. WOULD THE EXECUTIVE
DIRECTORS PLEASE STAND. THANK YOU.
ALSO, THE FOLLOWING SENIOR MANAGEMENT
REPRESENTATIVES FROM INDUSTRY IN CONTRA COSTA COUNTY. I'D
LIKE EACH TO STAND AS I READ THEIR NAME AND COMPANY.
INTRODUCTIONS. THANK YOU.
THE IMPORTANCE OF THE TOPICS WE ARE GOING TO PRESENT
TO YOU THIS MORNING IS ATTESTED TO BY THE PRESENCE OF THESE
SENIOR PEOPLE.
WE REQUESTED TIME THIS MORNING ON YOUR BUSY CALENDAR FOR
TWO PURPOSES: THE FIRST IS TO SHARE WITH YOU THE RESULTS OF
A RECENT SURVEY DESIGNED TO GAUGE THE POSITIVE IMPACTS OF
INDUSTRY ON OUR COMMUNITY. THE SECOND IS TO REAFFIRM,
FORMALLY, WHAT MANY OF US HAVE ALREADY COMMUNICATED
TO YOU INDIVIDUALLY - INDUSTRY IN CONTRA COSTA COUNTY
STANDS READY AND WILLING TO DEVOTE THE EFFORT AND
RESOURCES NECESSARY TO EFFECTIVELY IMPLEMENT YOUR
SEPTEMBER 22 PROPOSAL ON "ENCOURAGING BUSINESS ' AND
INDUSTRIAL GROWTH IN CONTRA COSTA COUNTY." I WILL ADDRESS
THIS SUBJECT LATER IN MY PRESENTATION.
I'D LIKE TO TURN FIRST TO THE INDUSTRIAL SURVEY. BEFORE I
BEGIN TO DISCUSS THE RESULTS OF THE SURVEY, I'D LIKE TO
PROVIDE SOME INSIGHT INTO WHY THE INDUSTRIAL COMMUNITY
CONDUCTED IT.
WE BELIEVE THAT THE FOCUS OF THE COMMUNITY, AND OFTEN THE
MEDIA, CENTERS ON THE NEGATIVE ASPECTS OF INDUSTRY;
ASPECTS THAT WE ARE WELL AWARE OF. WE ARE LARGE,
GENERALLY LESS THAN AESTHETICALLY PLEASING TO THE EYE,
AND, OCCASIONALLY, HAVE INCIDENTS THAT IMPACT OUR
NEIGHBORS. WE ARE A VERY VISIBLE TARGET. WE DECIDED THAT
IT WOULD BE INTERESTING TO COMPILE A LIST OF POSITIVES THAT
WE COULD SHARE WITH THE COMMUNITY IN THE HOPE THAT
PEOPLE WILL BEGIN TO UNDERSTAND THAT INDUSTRY PROVIDES
SIGNIFICANT BENEFITS TO CONTRA COSTA COUNTY.
THE SURVEY WAS CONDUCTED UNDER THE AUSPICES OF THE
CONTRA COSTA COUNCIL, THE COUNCIL OF INDUSTRIES
(REPRESENTING INDUSTRY IN WEST COUNTY) AND THE INDUSTRIAL
ASSOCIATION (REPRESENTING INDUSTRY IN CENTRAL AND EAST
COUNTY). THE ONE-PAGE SURVEY WAS MAILED TO 90 INDUSTRIAL
COMPANIES IN CONTRA COSTA COUNTY, ASKING THAT EACH
PROVIDE INFORMATION ON ITS NUMBER OF EMPLOYEES, PAYROLL,
EXPENDITURES IN THE COUNTY, TAXES PAID, CHARITABLE
INVOLVEMENT, EMPLOYEE VOLUNTEERS, AND ENVIRONMENTAL
EXPENDITURES. THIS EXHIBIT (BOARD 2) LISTS THE COMPANIES
INVOLVED. I WILL ADMIT THAT HAVING LIVED AND WORKED IN
THIS COUNTY FOR 10 YEARS, I WAS SURPRISED AT THE NUMBER OF
PURELY INDUSTRIAL COMPANIES DOING BUSINESS HERE - AND I
WANT TO STRESS THAT THESE ARE, BY AND LARGE, "HEAVY"
INDUSTRIAL COMPANIES, NOT SERVICE COMPANIES.
THIS CHART (BOARD 3) SHOWS, IN SUMMARY FORM, THE RESULTS OF
THE SURVEY. I WANT TO POINT OUT THAT THE FIGURES SHOWN
HERE ARE A COMPILATION OF A SET OF APPROXIMATIONS AND ARE
NOT ACCURATE TO THE SECOND DECIMAL PLACE BUT THEY DO
ACCURATELY REFLECT THE OVERALL MAGNITUDE OF INDUSTRY'S
CONTRIBUTION.
40,000 EMPLOYEES - BUT NOT JUST EMPLOYEES, WE'RE YOUR
POLITICAL CONSTITUENTS, YOUR NEXT DOOR NEIGHBORS, WE'RE
MEMBERS OF UNIONS, CHURCHES, ENVIRONMENTAL GROUPS,
FRATERNAL ORGANIZATIONS - OUR KIDS GO TO SCHOOL WITH YOUR
KIDS, WE'VE GOT THE SAME PERSONAL, SOCIAL, ECONOMIC, AND
POLITICAL CONCERNS THAT EVERYONE ELSE HAS. I PERSONALLY
BELIEVE THAT ITS EASY FOR PEOPLE TO SLAM "BIG OIL," THE
"POWER COMPANY," THOSE "CHEMICAL" GIANTS OR, AS YOU'VE
PROBABLY HEARD, "UNCARING POLITICIANS" BECAUSE THOSE WHO
DO SO DON'T UNDERSTAND THAT EMPLOYEES IN INDUSTRY (AND
EVEN POLITICIANS) ARE SIMPLY PEOPLE - DEDICATED, HARD-
WORKING INDIVIDUALS WHO ARE STRIVING EVERY DAY TO MAKE
THEIR FACILITIES BETTER.
WE GENERATE APPROXIMATELY $160 MM IN SPENDABLE INCOME
THROUGH THE SALARIES WE PAY OUR EMPLOYEES. THESE MONIES
ARE, FOR THE MOST PART, SPENT IN OUR LOCAL COMMUNITIES,
SUPPORTING INNUMERABLE SMALLER BUSINESSES. WE HAVE NOT
ATTEMPTED TO FACTOR IN THE MULTIPLIER EFFECT OF THIS LEVEL
OF EXPENDITURE BUT IT IS ENORMOUS. THIS FIGURE DOES NOT
INCLUDE THE IMPACT OF THE HEALTH AND WELFARE, RETIREMENT,
SAVINGS PLAN, TUITION REIMBURSEMENT AND OTHER EMPLOYEE
BENEFITS THAT ARE PROVIDED TO OUR EMPLOYEES; BENEFITS
WHICH SIGNIFICANTLY IMPROVE THEIR STANDARD OF LIVING AND
MINIMIZE THEIR NEED TO RELY ON GOVERNMENT-PROVIDED SOCIAL
SERVICES TO OBTAIN THE NECESSITIES OF LIFE.
$2.1 BILLION DOLLARS PER YEAR IN SPENDING IN THE LOCAL
COMMUNITIES BY THE COMPANIES THEMSELVES. THIS FIGURE
REPRESENTS PURCHASES OF GOODS AND SERVICES WHICH ARE USED
TO RUN OUR BUSINESSES. AGAIN, THE MULTIPLIER EFFECT OF THIS
LEVEL OF EXPENDITURE IS TREMENDOUS.
NOW A FIGURE WHICH IS NEAR AND DEAR TO YOUR HEARTS. $170
MM IN CITY AND COUNTY TAXES AND FEES. THIS IS AN AMOUNT
EQUAL TO APPROXIMATELY 1/4 OF CONTRA COSTA COUNTY'S
ANNUAL BUDGET. THERE IS NO OTHER POLITICALLY-VIABLE
AVENUE FOR GENERATING REVENUES OF THIS MAGNITUDE FOR THE
COUNTY.
WE NOW GET TO THE LESS TANGIBLE BENEFITS - THOSE WHICH
GENERALLY ARE NOT VISIBLE TO THE PUBLIC. $12 MM IN
CHARITABLE CONTRIBUTIONS TO SUPPORT A PRIVATE
INFRASTRUCTURE THAT PROVIDES ASSISTANCE TO THOSE IN OUR
COMMUNITIES WHO ARE MOST IN NEED OF HELP. I SIT ON THE
AGENCY RELATIONS COMMITTEE OF THE COUNTY'S UNITED WAY
AND I UNDERSTAND THE CRITICAL NEED FOR THESE FUNDS AT A
TIME WHEN THE COUNTY'S ABILITY TO PROVIDE SERVICES IS BEING
SEVERELY IMPACTED BY THE FISCAL CRISIS IN CALIFORNIA. THIS
IS AN AREA WHERE YOU ARE MORE CONVERSANT WITH THE NEEDS
OF THE COMMUNITY THAN ANYONE ELSE IN THIS ROOM.
2,300 VOLUNTEERS - $2.3 MM PER YEAR IN EMPLOYEE VOLUNTEER
SERVICES. THIS IS A FIGURE THAT IS WOEFULLY UNDERSTATED. IT
IS COMPUTED USING ONE HOUR PER WEEK AT $20 PER HOUR FOR
EACH EMPLOYEE LISTED AS A VOLUNTEER. I KNOW FROM OUR OWN
EMPLOYEE POPULATION THAT THERE ARE THOUSANDS OF HOURS OF
EMPLOYEE VOLUNTEER 'WORK PERFORMED THAT WE CANNOT
QUANTIFY AND ARE NOT REFLECTED IN THESE FIGURES.
VOLUNTEERS ARE THE BACKBONE OF MOST OF OUR COMMUNITY
ACTIVITIES AND INDUSTRY'S EMPLOYEES PROVIDE A SIGNIFICANT
PERCENTAGE OF THOSE VOLUNTEERS.
THE ENVIRONMENTAL INVESTMENT FIGURE OF $1.8 BILLION IS BY
FAR THE MOST DIFFICULT EXPENDITURE TO ACCURATELY CAPTURE;
NOT BECAUSE THE MONEY ISN'T SPENT BUT BECAUSE
ENVIRONMENTAL IMPROVEMENTS HAVE BECOME AN INTEGRAL
PART OF EVERY EXPENDITURE MADE BY AN INDUSTRIAL CONCERN.
EVERYTHING FROM ENVIRONMENTAL STAFF SALARIES, MONITORING
PROGRAMS, ENERGY EFFICIENCY PROJECTS, AND TREATMENT AND
DISPOSAL COSTS UP TO AND INCLUDING MULTIMILLION DOLLAR
CAPITAL EXPENDITURES TO REDUCE EMISSIONS ARE INCLUDED IN
THIS CATEGORY. IT IS IMPORTANT TO EMPHASIZE - THESE ARE
ANNUAL EXPENDITURES NOT TEN OR FIFTEEN YEAR AGGREGATE
FIGURES!
WE THINK THE RESULTS OF THE SURVEY SPEAK FOR THEMSELVES;
EVEN IF YOU WANT TO ASSUME THAT ALL OF THESE FIGURES ARE
SLIGHTLY OVERSTATED, FIVE BILLION DOLLARS PUMPED INTO THE
ECONOMY OF CONTRA COSTA COUNTY BY HEAVY INDUSTRY IS, BY
ANYONE'S YARDSTICK, A SUBSTANTIAL CONTRIBUTION.
AND, I MIGHT ADD, THESE FIGURES DO NOT ATTEMPT TO ASSESS
THE IMPACT ON THE QUALITY OF LIFE OF THE PRODUCTS
PRODUCED BY OUR COMPANIES.
I MENTIONED EARLIER THAT INDUSTRY IS CONSTANTLY STRIVING
TO IMPROVE ITS OPERATIONS AND MINIMIZE ITS IMPACT ON THE
COMMUNITY AND ON THE ENVIRONMENT. THESE EFFORTS HAVE
MET WITH SIGNIFICANT SUCCESS OVER THE YEARS. THE TABLE
(BOARD 4) BEFORE YOU IS A PARTIAL LIST OF IMPROVEMENTS MADE
IN THE OPERATION OF OUR FACILITIES OVER THE LAST 14 YEARS;
SOME OF THESE CHANGES HAVE BEEN MANDATED BUT MANY OF
THEM HAVE BEEN ACCOMPLISHED VOLUNTARILY. THE RESULTS OF
THESE PROGRAMS HAS BEEN TO IMPROVE AIR QUALITY, REDUCE
THE GENERATION AND HANDLING OF INDUSTRIAL WASTE, BETTER
WATER QUALITY, SIGNIFICANTLY ENHANCE SAFETY AND
EMERGENCY RESPONSE CAPABILITY AND INCREASE KNOWLEDGE IN
THE COMMUNITY AND ACCOUNTABILITY TO THE COMMUNITY FOR
THE RESULTS OF OUR OPERATIONS. WE BELIEVE THAT OUR RECORD
IS ONE TO BE PROUD OF AND DEMONSTRATES OUR COMMITMENT TO
SAFE AND ENVIRONMENTALLY-RESPONSIBLE FACILITIES.
FINALLY, AND PROBABLY MOST IMPORTANTLY, I'D LIKE TO
ADDRESS YOUR SEPTEMBER 22 PROPOSAL. THE PROPOSAL, DRAFTED
BY TOM POWERS AND FIRST INTRODUCED TO THE BUSINESS
COMMUNITY BY TOM AND SUNNE, IS, WE BELIEVE, A BLUEPRINT
FOR FORGING A CONSENSUS AMONG GOVERNMENT, INDUSTRY AND
THE COMMUNITY WHICH WILL ACCOMPLISH EXACTLY WHAT THE
TITLE PROMISES - ENCOURAGE BUSINESS AND INDUSTRIAL GROWTH
AND DEVELOPMENT IN THE COUNTY.
WHILE WE WHOLEHEARTEDLY SUBSCRIBE TO THE STATEMENTS
THAT BUSINESS IS AN ESSENTIAL PART OF THE QUALITY OF LIFE IN
CONTRA COSTA COUNTY AND THAT LOCAL GOVERNMENT MUST DO
ALL IT CAN TO HELP BUSINESS FLOURISH, WE ALSO RECOGNIZE AND
AGREE WITH THE IDEA THAT THIS GOAL MUST BE ACCOMPLISHED
WHILE MAINTAINING A BALANCE THAT PROTECTS THE
ENVIRONMENT. BUT IT IS A TWO-WAY STREET; ENVIRONMENTAL
REQUIREMENTS CANNOT CONTINUE TO BECOME SO RESTRICTIVE
THAT INDUSTRY CEASES TO BE ABLE TO OPERATE OR TO MAKE THE
EXPENDITURES REQUIRED. THIS WILL ONLY LEAD TO COMPANIES
LEAVING THE COUNTY OR BEING FORCED OUT OF BUSINESS
ENTIRELY. THIS IS THE PLACE WHERE WE NEED YOUR HELP AND
THOSE OF OTHER LEGISLATIVE AND REGULATORY BODIES. WE
MUST JOINTLY CONVINCE THOSE WHO CALL FOR THE CLOSURE OF
INDUSTRIAL FACILITIES BASED UPON AN IMPOSSIBLE STANDARD OF
ZERO RISK OR ZERO DISCHARGE THAT THERE IS NO SUCH THING AS
A ZERO RISK SCENARIO AND THAT THERE IS AN ALTERNATIVE; A
BALANCED APPROACH - FOR THE GOOD OF SOCIETY IN GENERAL.
THERE ARE FIVE SPECIFIC ACTION PLANS OUTLINED IN THE
PROPOSAL; I WOULD LIKE TO PROVIDE SOME INSIGHT INTO
INDUSTRY'S VIEWS ON EACH ACTION STEP.
FIRST, MEETINGS WITH BUSINESS AND INDUSTRY LEADERS TO
ASCERTAIN OUR CONCERNS AND HOW YOU CAN HELP HAVE
ALREADY BEGUN. WE BELIEVE THAT THESE MEETINGS, BOTH ISSUE
SPECIFIC AND GENERAL, MUST CONTINUE ON A REGULAR BASIS.
SECOND, THE GROUPS REPRESENTED HERE TODAY HAVE CONVENED
AN INDUSTRY WORKING GROUP THAT WILL REVIEW EXISTING
REGULATIONS AND MAKE RECOMMENDATIONS FOR IMPROVEMENT
TO THE BOARD WITHIN 90 DAYS OF TODAY'S MEETING.
THIRD, WE ASK THAT THE BOARD CONVENE A TASK FORCE
REPRESENTING COUNTY GOVERNMENT, INDUSTRY,
ENVIRONMENTAL GROUPS AND THE COMMUNITY AT LARGE TO
EXPLORE WAYS THAT WE CAN WORK TOGETHER TO ACCOMPLISH
THE GOALS OF THE PROPOSAL. WE ARE HERE TODAY TO ASSURE
YOU OF THE FULL COOPERATION OF THE BUSINESS COMMUNITY IN
SUCH AN ENDEAVOR.
FOURTH, WE ARE PARTICULARLY PLEASED THAT THE ECONOMIC
IMPACT OF PROPOSED REGULATIONS AND FEES WILL BE FULLY
CONSIDERED BY THE BOARD PRIOR TO THEIR ADOPTION. WE
WOULD LIKE TO STRESS TO YOU THAT THE ECONOMIC IMPACT
CANNOT BE EVALUATED IN THE ABSTRACT BUT MUST CONSIDER
THE CUMULATIVE IMPACT OF ALL REGULATIONS THEN IN EFFECT
OR UNDER CONSIDERATION.
BY WAY OF EXAMPLE, I'D LIKE TO SHARE WITH YOU THE CURRENT
LIST OF PROPOSED REGULATIONS (OR RECENTLY ADOPTED
REGULATIONS) IMPACTING JUST ONE OF THE 90 COMPANIES
REPRESENTED HERE TODAY. COINCIDENTALLY, IT HAPPENS TO BE
TOSCO. (BOARD 5) FOR THE MOST PART, THE REGULATIONS SHOWN
ON THIS EXHIBIT ARE SCHEDULED FOR FINAL IMPLEMENTATION
WITHIN THE NEXT 3-5 YEARS. IF ADOPTED, AS CURRENTLY
PROPOSED, THE AGGREGATE FINANCIAL IMPACT WILL RUN INTO
THE HUNDREDS OF MILLION DOLLARS DURING THIS TIME PERIOD.
WHILE I'M NOT HERE TO DISCUSS THE MERITS OF ANY ONE OF THE
PROPOSED RULES, I THINK THIS EXHIBIT DEMONSTRATES THE POINT
THAT ANY ADDITIONAL REGULATIONS NEED TO BE CONSIDERED IN
LIGHT OF ALL OF THE OTHER DEMANDS THAT ARE BEING
SIMULTANEOUSLY PLACED ON INDUSTRY. THIS LIST IS FOR AN OIL
REFINERY AND IS PROBABLY PRETTY REPRESENTATIVE FOR OUR
INDUSTRY; YOU SHOULD ASK YOUR CONSTITUENTS FROM OTHER
INDUSTRIES TO PROVIDE YOU WITH THEIR LIST OF CHALLENGES - I
BELIEVE YOU WILL FIND THIS IS NOT AN ATYPICALLY-SIZED LIST.
AND FIFTH, THE MESSAGE WE WOULD LIKE YOU TO ASSIST US IN
DELIVERING TO REGIONAL, STATE AND FEDERAL REGULATORS IS
THAT EVERY LAYER OF REGULATORY AUTHORITY FROM FEDERAL
TO LOCAL MUST CONSIDER WHETHER THE REGULATIONS THEY ARE
CONSIDERING ARE SUFFICIENTLY COVERED BY THE EXISTING
REGULATIONS OF ANOTHER AGENCY. ONE OF THE GREATEST
CHALLENGES IN CONDUCTING OUR BUSINESS TODAY IS COMPLYING
WITH OVERLAPPING, CONFUSING, REDUNDANT AND OCCASIONALLY
CONTRADICTORY SETS OF RULES AND REGULATIONS PROMULGATED
BY DIFFERENT AGENCIES PURPORTING TO REGULATE THE SAME
ACTIVITY. WE NEED TO BE ABLE TO MANAGE OUR BUSINESSES TO
MEET A CLEARLY DEFINED SET OF STANDARDS - IF ONE AGENCY
RULES THAT A PRACTICE IS ACCEPTABLE AND WE PROCEED, THAT
PRACTICE SHOULD NOT BE SUBSEQUENTLY RULED TO BE
INAPPROPRIATE BY A DIFFERENT AGENCY BASED UPON THE SOLE
DISCRETION OF THAT SECOND AGENCY. THIS LEADS TO GROSS
INEFFICIENCY, WASTE OF RESOURCES AND INSTILLS A STRONG
SENSE OF DISTRUST IN THE REGULATED COMMUNITY.
IN ADDITION, AS YOU CAN SEE FROM THE LIST OF CHALLENGES
FACING MY INDUSTRY IN THE NEXT 5 YEARS, THERE MAY BE MORE
MANDATED REQUIREMENTS THAN THERE ARE RESOURCES TO MEET
THEM. WE BELIEVE THAT LEGISLATIVE AND REGULATORY BODIES
MUST TAKE THE LEAD IN PRIORITIZING THE IMPLEMENTATION
SCHEDULES FOR RULES AND REGULATIONS TO OPTIMIZE THE
BENEFITS TO SOCIETY AS A WHOLE. THERE SEEMS TO BE A NOTION
TODAY THAT SOCIETY CAN HAVE EVERYTHING IT WANTS
IMMEDIATELY BY PASSING RULES REQUIRING INDUSTRY TO SPEND
MORE MONEY. WE BELIEVE THAT THIS IS AN EXTREMELY
SIMPLISTIC VIEW IN TODAY'S ECONOMY AND IS BECOMING
INCREASINGLY DETRIMENTAL TO THE LONG-TERM INTERESTS OF
CONTRA COSTA COUNTY.
INDUSTRY BELIEVES THAT YOU HAVE TAKEN A COURAGEOUS
POSITION WITH THE ADOPTION OF THE "ENCOURAGING BUSINESS"
PROPOSAL. WE KNOW THAT YOU WILL BE SUBJECTED TO CHARGES
OF HAVING SOLD OUT TO BUSINESS, BETRAYED THE ENVIRONMENT
AND OTHER EQUALLY EMOTIONAL AND IRRESPONSIBLE CLAIMS. WE
DO NOT BELIEVE THAT THIS IS A PRO-BUSINESS - ANTI-BUSINESS
ISSUE ANY LONGER; WE FIRMLY BELIEVE THAT THIS IS A PRO-
CONTRA COSTA COUNTY ISSUE - THERE ARE MORE THAN ENOUGH
CHALLENGES FACING ALL OF US - WELL-INTENTIONED PEOPLE,
REGARDLESS OF THEIR FOCUS OR THEIR AXE TO GRIND, MUST BEGIN
TO WORK TOGETHER FOR THE GREATER COMMON GOOD. INDUSTRY
BELIEVES THAT IT IS AN INTEGRAL PART OF THE SOLUTION TO THE
CHALLENGES FACING CONTRA COSTA COUNTY AND, UNDER YOUR
LEADERSHIP, WE ARE PREPARED TO ROLL UP OUR SLEEVES AND GET
TO WORK ON THE PROBLEM.
I WOULD BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.
THANK YOU.
BOARD OF SUPERVISORS
Contra
FROM: Supervisor Tom Powers & Supervi sor 'Sunne Mc Peak Costa
County
DATE:
September 22 1992 °tr—
f a c0UN'�
SUBJECT: Encouraging Growth and Development in Contra Costa County
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
To encourage growth and development in Contra Costa County, an ad hoc
committee should be established which will :
1 . Sit down with business and industry leaders to find out from them
what their concerns are and how we can help them with these concerns.
2. Allow business to assess our current regulations (health and land use)
and report to the board changes we can make to help.
3. Allow a continuing dialogue to occur between government, industry,
enviornmental groups and the greater community on the need for
business expansion.
4. Evaluate new regulations and fees as to their economic impact on
business and industry.
5. Organize a method of assistance to work with regional , state and.
federal regulators to insure both a safe environment and economically
rational regulatory burden.
BACKGROUND:
(See attached)
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
S
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
f
BY DEPUTY
M382 (10/88)
BACKGROUND:
Business is an essential part of the quality of life in Contra
Costa County and local government must do all it can to help it
flourish. The history of Contra Costa County shows that
manufacturing was the foundation of the economy in Contra Costa and
continues to be a crucial element for employment and for the local
tax base.
In recent years , citizen and government actions have focused
on the environment. This has resulted in regulations on business to
adjust their operations to be more sensitive to the environment.
These actions were required and continue to be strongly and widely
supported by the public . Sometimes , actions on behalf . of the
environment, including local, state and federal government
regulations , have actually- stifled business investment and in fact
have caused closures or reductions in industry. This appears to
have been most prevalent in the petro/chemical industry.
Industry, business and the environment are all important, and
it seems unfortunate that the environmental community or the
government regulator has not taken the time and energy to be sure
that both the environment and industry are treated with a healthy
and wise respect. It is just this fact that brings us to the
conclusion that we must find a way to insure that environmental
regulations be considered together with an evaluation of the impact
of the regulations on the economics of industry and business .
The state of the economy continues to suggest that if we do
not pay attention to business growth and development, the jobs ,
investment and expansion of our economy that comes from business
growth and development will not occur. Contra Costa County needs
to now take steps to insure that it does not hamper business growth
and encourage business and industrial growth.
Achieving the appropriate balance between environmental and
economic concerns is the single greatest challenge facing
government. There is a popularlyheld belief that we can solve all
of our problems by converting to "clean" or "light" industries like
software development, biotech research and manufacture, warehousing
and the like. While there is a place for these industries in
Contra Costa County, they are not a replacement for large
industrial facilities .
Heavy industries bring two vital elements to our community.
First and most importantly, they bring many high paying jobs for
working man and women who live in Contra Costa County.
Unfortunately, the so called "high tech" industrial development
brings only a few jobs to the non-professional work force and those
jobs tend to be extremely low paying ones . Our large industrial
facilities tend to employ many workers and to compensate them
extremely well . Second, and increasingly important in these times
of revenue shortfalls, heavy industry brings a large and constant
tax base which supports local government.
As Supervisors, we must keep our attention focused on the
needs of our constituents . The County must maintain its heavy
industrial base so its residents can continue to be gainfully
employed and so that the tax revenues from capital intensive
industrial development continue to flow into local government.
When it comes down to what is really important to the working
people of Contra Costa County, jobs are at the top of the list.
The argument that the presence of industrial facilities lowers the
"attractiveness" of our community is without merit. What is
important is that we have a job base and a tax base to meet the
needs of the people who are already here.
It is with this in mind that we address the balancing of
environmental issues which confront our industries . It goes
without saying that the health and safety of our population is our
first obligation. But we must scrutinize the regulations. and
confirm that the burden imposed upon industry is fair and
reasonable and that no regulator is imposing an unfair burden on
industry that will result in the loss of jobs or tax revenue for
Contra Costa County.
TP:hf
SUNNE WRIGHT McPEAK Contra Board of Supervisors
Supervisor, District Four
2301 Stanwell Drive Costa
Concord, California 94520 Count`7 RECEIVE®
(510)646-5763 �/
(510) 646-5767 (FAX) DEC 1 7 1992
CLEF;! .. . .- . . ...._
SENT VIA FAX
TO: Jeanne Maglio, Chief Clerk
FROM: Sunne Wright McPeak
DATE: December 16, 1992
RE: Correspondence Request for Presentation Before Board on
January 12, 1993
Attached is correspondence I received requesting time before the Board on the
January 12th agenda. Would you please agendize this for a brief (10 minute
maximum) presentation. Thank you.
SWM:ksm
Attachment
McCUTCHEN, DOYLE, BROWN & ENERSEN
SAN FRANCISCO COUNSELORS AT LAW WA5HINGTON,D.C.
LOS ANGELES 1331 NORTH CALIFORNIA BOULEVARD TAIPEI
SAN JOSE POST OFFICE BOX V
WALNUT CREEK WALNUT CREEK, CALIFORNIA 94596 RE C E I y�(
AFFILIATED OFFICE
TELEPHONE (510) 937-6000 BANGKOK
FACSIMILE (510) 975-5390 2 7 1992
October 26, 1992 AnS'd............
DIRECT DIAL NUMBER
(510) 975-5318
Sunne Wright McPeak
Chairperson of the Board of Supervisors
2301 Stanwell Drive
Concord, CA 94520
Dear Chairperson McPeak:
I write on behalf of the Contra Costa Council , the
Council of Industries and the Industrial Association to request
time on the Board ' s January 12, 1993 agenda . We wish to
present to the Board the results of our collective survey of
industry in the County.
Very truly yours,
lmrower aLden
PBM:ksc/0
5164G
cc : Eric Hasseltine, Contra Costa Council
Dennis Spaniol , Council of Industries
Dale Kirkland, Industrial Association