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TO: Martinez Unified School District BoardFROM: Martinez Environmental GroupDATE: March 2,2AL5RE: School board actionstaken on crude by rail

Attached please find information on the actions of five California school boards in response to the dangers of volatilecrude-by-rail affecti ng thei r I ocal districts :

1. West Contra Costa Unified School DistrictResolution 43-L415 Requesting Bay Area Air Quality Management District Reconsider PermitL2l3/L4This resolution was passed in response to the improperly issued BAAQMD permit that allows volatile crude oiltrains to unload at the Kinder Morgan rail facility in Richmond. These are the trains that have been travelingfrom Stockton to Richmond through Martinez; if the permit is rescinded, the trains would stop.

2. Pittsburg Unified School DistrictResolution passed \lV lL4This resolution opposed the proposed WesPac oil terminal in Fittsburg, which would hring 100 tanker cars of oilnear downtown Pittsburg, homes, schools and churches.

3. Ventura Unified School DistrictResolution 15-35 Regarding Santa Maria Phillips 66 Rail Refinery Project2/70lLsThis resolution (along with the following two) concern the proposed Phillips 66 project that would bring mile-long trains along the Union Pacific/Amtrak rail lines, from San Luis Obispo county to the Rodeo refinery in ContraCosta County.

4. San Leandro Unified School DistrictLetter to San Luis Obispo County Planning Department re: Phillips 66 Rail Spur Project2110lLs

5. Oakland Unified School DistrictLetter to San Luis Obispo County Planning Commission re: Phillips 66 Rail Spur Expansion212s/Ls

Martinez Environmental Group . PO Box 33,3-L. Martinez, CA . 94553www.mrtenvgrp.corn r m rtenvgrp@gmail.com

facebook/mrtenvgrp . @mrtenvgrp{92s}7oe,HAWK

West Contra CostaUnified Schaol Disfrict1108 Bissell Avenue

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ITEM REQUIRING ATTENTTON-BOARrI otr' ETIUCATTON

To:

From:

Subject:

Board ofEducation

Bruce HarterSuperintendent

Resolution No . 43-1415 :

Meeting llate: December 3,2074

Agerdaltem: F"l

Requesting BAAQMD Reconsider Permit

Background Information:At the request of Mr. Andres Soto, Board President Ramsey has placed Resolution No . 43-1415 or the agenda forthe Board to consider requesting the Bay fuea Air Quality Management Dishict {BAAQIUD) reconsider itsdecision to grant a permit to Kinder lHorgan.

Recommendation:That the Board review andac. upon Mr. Soto's request

Fiscatfmpact: Noae

DISPOSITION BY BOARD OF EDUCATION

Motion by: Secondedby:

Approved NotApproved Tabled

RESOLUTION FIo, 43-1415

RE$OLImONTHE WEST CO}I,IRA COSTff,}TtrED SCXOOL DIST*ICT

AGAIT{S TETTTSSN MORGAN RICIIMOND'S CRUDE BY RAIL OPERATIONWHEREAS, the fossil fuel indusries have already accessed rea{ily accessible fossil fuelsamd me rreiug extreme extraction tec,&nologies to remove the remaining fo,ms of fossilfuels,

WHEREAS, crude oil fracked from the Bakken Shale Forrnation and mhed from theAlbefiaTa Sands preseut existent environmental damage to the lanq air andwater ofthose are*s anrl a risk to the fuare inhabitability ofthe EadlL

WHEREAS, these crude oils are discounted in costs and exhactd in the center of theNorth American contineilt far away frommqior refineries and consumermarketsrequiring hmsportation via pipetine or raif

WHEREAS, the US and Canadian rail companies are corlmon carriers, meaning they arerquired to carry wh*eve,rproduct shipprs wishto put onthe rail lines resulting in a4,$Wa ia*ease of these materials being tafried oa the mil liqss in the past 3 years,

WHEREAS, this i*nease in Cnrde By Rail on has resutted in several disastershere and in Canada (Lac Megar*ic, Quebec, Casseltoq NorthDakota Flammond,Indiana Aliceville, Alabama, Lynchburg, Yirginia as well as several near misses) whichhave resulted in tfue loss of human life aad biilions of dollars of damages to communiliesand their zunounding environme,n!

WHEREAS, US consumers are increasingly using less refined fossil firels products,particutarly gasoling thus oil refiners are iircrea.singlyfirrningtc exportmad(eB for.theirUS refined products,

WHEREAS, fhe exfraction of and the refining of extreme extracted crude oils such asBakken and Tar Sands knowingly result in increaseC greenhouse gas (GHG) emissionsand toxic air contaminant c+-pollutants,

WHEREAS, the Bay AreaAir Quality Mmegeurent District (BAAQI,D) issued apermitministerially to Kinder Morgan to convert its ethanol-by-rail operation at the BNSF railyard in Richmond to a Crud; By Rail operation and chose to not noti$ members of thepublic or even its oum governing board,

WHEREAS, Kinder Morgan signed an exclusive conkact with Tesoro Golden Eaglerefinery in Avon, Califomia, to srryply them with the fracked Bakken crude &om NorthDakota via tanker tnrcks over our local roads, and state and federal highways,

Resohrtion No. 43-1415

WHEREAS, Kiuder Morgaa is bringing in up to three unit trains of 100 ears per week

creating svenmsre dieselpclldioainalrmdy impasfed comgunities,WHEREAS, the people of Richmond and the Bay Area hd no knowledge of the KindaMorgan Richmond operation being permitted by BAAQMD rmtil an investigative r,portby KPD( televised the report showing the operation in action,

WHEREAS, Earthjustice, on behalf of Asian Facific Envirmmental NetworhCommunities for aBetterEnvironment,Natural ResourcesDefense Cor.rncil andtheSierra Club, fited for injrmrtive relief in San Frmcisco Srryerior Court to stop the KindsMorgan Richmond operaticn until such time apub'lic review uader &e CaliforniaEnvironme,ntal Quality Act (CEQA) was conclude{

WHEREAS, Judge James Busch determined the case could not move fonnard becausethe stahrte of,limitations of 180 days hadpassedby thetime the astion was filed" leavingthe people of Richmond" its instihdions md try rail communities rmprotected from therisk of catasmophic explosirms rrrd unable to

lmment ushs CEQA

WHEREAS, onNovem&r7,2ll4,Interstate Oil Co. no longeruses McClellan BusinessPark in Sacramento as a Bakken Crude transfer shrion, ideutical to the Kinder MorganRichmondaperation, subqequsntto settliry a lawsuitbyEarthJustice ed Larry Greetre,Executive Director of the Sacramento Metrrapolitan Air Quality Disdet, said *We madear error rten the permit was develo@, *O it shotrld have gone to a full CEQA review,

WHEREA$ an analysis ofpotential blast zone radii ofrail liaes carrying Bakken and TarSands crrdf throughRichmmdand S/estContraCostacountywouldimpact 27 schoolsand the Adminishation 0ffice building of &e West Contra Costa Uniied qchql Dishict,

WHEREAS, the same blasr mne map indicates the impact in the City of Richmondwould include the Kaiser Hospital, forncommunity certrs, most of the NeighborhoodC-otmcildisticts, theRiehmondCivic Center, the RichmondPolict Headquarters andfive of seven Richmond Fire Stations,

WIIEREAS, most local,schools, parts of Contra Costa College, mostofthe businessdii.hict and most residents of the City of San Pablo are ia &e idmtified llast zone radius,

WHEREAS, previous rail car derailnent explosioms of Bakke$ crude in Norlh Amcricahave demonstratedmostemergency respondlrs, includingthose inWest Con&Co$taCormty, do not have sufficient equipment and supplieso zuch as fire suppression foam, toadeqr:ately respcndCI acm.sftophic eqplcsion of arail cardaailme,ntexplosiclt,

THEREFORE BE IT RESOLVED, the West ConbaCostaUnified School DisEidBoardof Trustees disagrees in the strongest possible trms with the BAAQIvID staffFs decisionto issue a ministerial pernnit without any public notification or review to Kinder Morgan

per

Rmolution No. 43-f415

Richmond for the offloading of Bakke[ crude oil and Alberta Tar Sands clude oil at itslediirl fcrliryEt tie BNSFmil yard m-, Richmon4 C4

TIIEREFORE BE tT AISO RESOLVED, the Vest Contra Costa Udfied School DistrictBoad ofEducatiotr rEquests fu BAAQMD Board of DiEctots to Eview the KinderMorgatr perdit ad, iffeasible, rcvoke the permit aod subject the project to a completeCEQA process,

PASSED AND ADOPTED by lhe Govemhg Boad ofthe Wesl Contra Cosla UdfiedSchool District of Contra C-osta Coulfy, Califom;4 on December 3' 2014 by thefollowing vote:

AYES:

NOES:

ABSENT:

I }IEREBY CERTtrY thal $e forcgoing rcsolution was duly od rEgularty introdrc4passed, aod adopled by the oembers ofthe GovemiBg Board oflhe West Conta Costai-loif"a S"mot Oi"tri"t at a public oeeting ofsaid BoEd beld on December 3, 2014'

Todd GrovesClerk, Board of Education

Rmlutiotr No.43-1415

2i2812015 Pitbbirg: Schod tnrste take sbnd ryirst WePac oil-by-rail prQect - ConffsctaTimes,com

Pittsburg: $chool trustees take stand against WesPac oil-by+ailproiectBy Eve Mitdtell Contn Cosfa ??mesltpdated: OUOWZaI4 o4:17:23 PM pDT COntraCOStaTimeS.COm

PITTSBURG -

Pittsburg school district trustees have taken a stand against the proposed WesPac oilstorage and transfer project.The resolution, approved by a 5-0 vote at Wednesday night's meeting, carries no legal power to stop theproject, but it is yet another blow to a developer's plan to transport domestic crude oil by rail cars tostorage tanks, from where it would be piped to local refineries.

The resolution originated with district trustees after a presentation on the project made in March byproject opponents."l don't think anybody on this board is against industry," trustee Mne Ferrante said after the meeting,adding that recent reports of crude-by-rail explosions are a matter of great concern-

"We really have a focus on the children. lt doesn't end when they walk out of the classroom," Ferrantesaid- "The city has done a wonderfuljob developing downtown- This is a situation where we felt thisproject may not fit because of its proximity to residences, churches and schools."The board's action is a bold statement, said Lisa Graham, a member of the Pittsburg Defense Council,which is fighting the WesPac project. "lt has an amazing impact because it is a very significant body thatrepresents lots of people, students, faculty and families," she said. "(Trustees) have made a very boldand defensive statement to protect their mnstituents."

The resolution calls on the Pittsburg City Council and other local, state and federal government agenciesto categorize the WesPac project as "unequivocally contrary to public health and safety and beyondmitigation, and dec{are that it should not he placed within Pittsburg nor anywhere in Contra CostaCounty."

Mayor Sal Evola disagreed with the resolution.

"The school board's action is outside of their purview, and it is premature. I feel there is a process thecity is obliged to abide by to review all of the proposal and then make an informed decision,' he said-

"One may question if the school board is out of line. Their action crosses the line between schoolbusiness and city business. .-" We don't take up resolutions on their issues- I don't feel the school district... should take up a position on our issues, especially while the project is under review-'The $200 mitlion waterfront project, which would be built near homes, schools and churches, would bringan average of 88 million barrels annually of dornestic crude oil by railand imported crude by marinevessels to a 125-acre storage facility next to vfrrat is now the NRG power planl The oil would be storedin 16 upgraded or new storage tanks that once stored fuel oilfor a forrner PG&E power plant more than25 years ago.

Project supporters say it would help refineries take advantage of a domestic oil boom at a time whenCalifornia production is falling. WesPac officials have said the proiect would be safe, addressenvironmental concern raised by opponents, create jobs and provide $800,000 in yearly property taxand tidelands lease revenue to the city.

ln February, the City Council voted to reopen the project's public review process in response to safety,air quality and other environmental mncerns raised by residents, A new timeline for the reyiew processis still being worked out by city staff.

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2lm{?o15 Pittshrg Sc*tod trustes td stird ryirst tYePac cil-by-rail trqed - CorffaCstaTimes.cornThe state Attorney General's Office wrote in a January letter that the draft environmential impact reportfailed to disdose the sources of the crude oil and their environmental impacts, rrvhich made the entiredocument inadequate.

However, in an online presentation about the project, WesPac has said the domestic crude would comeftom the Bakken region of North Dakota, Colorado, ruest Texas and New Mexico- Bakken crude oil hasbeen involved in several recent explosions while being moved by rail.

Contact Eve Mitchell at925-779-7189. Follow her at Twitter.comlEastCounty_Girl.

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Agenda, February 10, 2015 Page D8

VET{TURA UNIFIED $CHOOL BIST*ICTBOARD OF EDUCATION

RESOLUTIOIT #{5-05Regarding $snh iltar*a Fhiltip*SS Eail Resnery proi*ct

WHEREAS, school district goveming boards have the oltigation to p*cvide a safe andhealthy leemirq environment for all students and to urge the $an Luis Obispo Coung FlanningCsmmissisn and Board sf $upryt$fit tc reid tfle 8afita Maria Philfips 66 Rail RefireryPraiec{ Ar represantatiuet of sfule loffited alol6 ihe propcsed rail rout*, *e ureu6 hdirectly impacted ly thee od trains, and do nct apport the projed for reasone outlined belorrv.

IryHEREAS, The Phillipc 66 oillrain pmject wauld bring mile-long oil trains right throughrnany Gatifornia coflIryl$nities a$d nerd to dEzens of sehaals" Schssl emglcyee are atate-mandated disaster urerkars whik on th* iob, and $rs are nct at all equipd tc deal with thedangers posed by this Frojct or to adegualety protecrt the lives and the uellheing of aureludenls. This proiect creates unacceptable risks for our sfudents, teachem, and *taff.

$ftlEHEAS, The dra* E**irc*rnental Inrpacfi Report {ElR} daes not adequateg **secettE risks sf an oil kain disasto4 the drafi only e*raluates rail-acciderrt rates fum Z$fi1ha ZSIZand spill raies betrreen 2$05 and ?S0$, omittirg cru*ial date about a*cident freguercy arrdmagnitude in 2013 and 2014. This is koubling hecause we know that more crude spilled framtrains in ?013 than dufng *re rct fsur #*a&s *mbired" The EIR nnud lmk at raced data,u,hicft rcSffia the increasd quantfiias af crude bei$g trail$portcd in old and unsafe terd< care.The dran EIR uses outdated data fral drastically underestimates the danger of a derailment orspill, which could put our scftssl communilies and children at severe risk. While schsolempl*yees are *ate{tandated disas*er l,lprkss r*frile on i}6 iob, 1#e are *st d afl prepared furthe accida*ts ftat canil happen fam ttreee teary, darlgemls trainc conkiniry hszerdars s*1"

WHEREAS, Th EIR's woret-case srenaria estimates a spilt of 180,000 gallons, orroughlysix tanh cars of sude- This is most definitely a miscalculalion because crude trains have1* sr msrc tank ers, carryirq mi$ions of gallms. $ur*r a s$11 neuld certainly be rnore lfian130,ffiS gallan*. ln fact, the oil truino in &is pro*d ruouk be errying almoet 3 mitlion gallcn*each. A *pill would devastate our schools, scerce rrater resources, sensitive eccsystems,homes and local economies.

*YllEfiE*S, The toxic air emissions fiat will affimpanf ttris rypd psss arlunacceptaHe risk to public,health. ln ite lat6t erwirunmental revlen*r Phi{tip S admits that itsprope*d ail train facility uill create'bignificant ard unavoida$e" levels of air pclltfion along Serail ror*4, w{th sulfur dioxide and other toxic chemicals leaked that increase risk of cancer, heartdisease, respiratory discase a*d premature deaft- Thie is una*Sable risk lo the hsattl $fss*tssl cfrildren and educators clo*e ts ttle tr:acks.

Agerd*. Febmary I0, 2Ot5 Page D9

HOW TIIEXEFORE, EE IT Rf;SCLtfE$, &d the Eoerd *f Edecaticn sf the VenturaUni$ed Sc{tool Distrid stroflgly oppo$ee this prejec{ for allthe ahow stated ree$on$. We urgethe San Luis Obispo Gounty Planoing Commisslofi and Board of $upervlscrs to eoundly rejec{the Phillips 6S proposed ci} train pra*et *?e stmrgly e*cs$rega you to act and sdvocate brtke peoph expres*ing gsave concerrls absq*t tfe impds thia polec* wcuH haye on ourcommunities.

AFPROVED, FAS$ED *ilD ABOPTED by the Baard of EducdiEn of the Vrntura Untfisd$dtool OtsEict af Yerrft,rra, Califunia tfris 1S day af February, 2.015 iy ttle foltcn*ir6 vete:

AYE$:N0ESI

Vice Prosident, Board af Educ*ion

ftderrber, Board of Educatbn

ATTE$T:

President Board of Eduqtion

AB$EHT:AB$TAItrl:

Memkr, Board of Edu*tion

idemher, Board of Education

Secletary ta the Gavemirq BEarda*d VU$D Srtpsintenerrt

ffirErffiBoard of Eikrcaitloa

Diana ProhFresidni

RorkeyViePresidmi.

Vtnce J. RosdoClerk

Evel5rr GoazalezMember

Lanee JauesMember

llaca[cyMember

Leo SheridaaMemts

ttke Xcl,aug$tn, td.D.Superintendrrt of Sc*rmls

Roearna fueelti, EdJl"Deput5r $uperintendentEdumtimal Senims

John Thompaon, Ed.D.Asistant SuperinteldmtHumRemtarh trtfaelliAsisinnt $uperinimdmtBusinrx & ()pemiions

San Leandro Unified School DistrictOlfice of the Supwintendenl

Mr. Murray WilsonDepartment of Planning and BuildingSan Luis Obispo County976 Osos Street, Rmm 3OOSan Luis Obispo, Cl\ 93408

RE: Phillips 66 RailSpur Project

Dear Planning Commissioners,

The San Leandro Unified School t[strict Board would like to state our concerns regarding thePhillips 66 oil train offloading facility expansion in San Luis Obispo County- The Board isparticularly concerned with the increase in oil-train traffic generated by this project throughmany densely populated areas, including San Leandro, and the risk it poses to our schoolsalong the rail route.

The most significant impact identified in the Revised Draft Environmental lmpact Report{RDEIR} is accidents on the main rail line that could result in oil spills, fires, and explosions nearpopulated areas. Our crrrent rail system is designed to connect residents ta their destinationsthroughout the entire Bay Area, not to move large quantities of hazardous materials like crudeoil. Additionally, rnore than ten schools in the City of San Leandro, and the San LeandroUnified School District Board building, are within the one-mile US Department ofTransportation Potential lmpact Zone in the case of an oil train derailrnent or fire.

The RDEIR also did not evaluate the relative air quality or greenhouse gas emissions for theentire project area, which includes oil transport through San Leandrc from Canada to the Sanluis Obispo County facility. The diesel emissions from operational activities of trains along theroute would generate toxic pollutant emissions that exceed thresholds, increasing the risk ofcaficer, heart disease, and respiratory disease, especially in the very young, There is already ahigh incidence of childhood asthma in San Leandro - asthma hospitalization rate in AlamedaCounty has twice the state average and is the third-highest in California. Therefore, thisproject would directly compromise the health and safety our school communities along therail route in San Leandro-

On Fehruary L0,20L5, the San Leandro Unified School District Board voted to respectfullyrequest that the San Luis Obispo Planning Commission vote to deny the project.

Sincerely,

Mike Mclaughlin. Ed-D.Superintendent

835 E. 74h Street, Suite 2OO, tutt Icondrq CA 94577?cl: 51,O67-3522 totts*.shtsd,us ?sx: 51&66-l-6234

OTFICE ST THf SOARD CF.EI}gCITIOil10CI0 Broadway, $uite 680Oakland, CA 94607-40995f0.87S.$ 99'*,r . 510.879.3299 f *510.$7t.2300

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February 25. 20:.5 File lO l{umber; {q*lfltroductior Data:Enactmeflt Number:Mr. Ken Topping, Chair

County of San Luis ObispoPlanning Commission975 Oso:Street, Roorn 3O0San Luis Obispo, California 93408

Enactrnent Date: il #7r{eyfl$* -+.'..-

Rt: P_hiliips SS Eell Jrssi !rySfl piqn

Oear Chairper:on Topping and Members of the Planning Comrnission:

The Oakland Unified School District Soard of Education wishes to convey ts ysu its concernr regardingthe Phitlips 66 oil train offloading facility expansion in San Luis Obispo County. The Board is particularlyconcerned with the increase it oil-train traffic that will be generated by this project through manydensely populated arear, lncluding Oakland, a*d the risk it pases tc the students and families in ourschools along t}:e rail route.

The msst significant inrpact identified in the ftevised Sraft Environmental lmpact Report {-RDflR") isaccidents on the main rail line that could result ln oil spills, fires, and explosions near populated areas.Our current rail rystem is designed ta conneet residents to their destinations throughout the entire BayAree and beyord, not to rnov large quantities af hazardous ffralerials tike crude cil. Additionally, atleast a dozen schosls irl the City gf $akland, as *rell as the Oakland Unified Srhool $istrictAdrfiinistration headquarters, are within the one-mile U.5. Depa*mrnt of Transpartation Pstentiallmpact Zone in the case of an ail train derailment cr fire.

Ihe RDEIE alsa did *Gt e\raluate the relatiye air qualiff ar greenhouse gas enRissions for the entireproject area. which includes oil traflsport ihro*gh 5a* Leandra frar* Canada tc the san l-uis ObispoCounty faciiity. The diesel ernissions from operational activities ef trains along the rsute would generattoxic pollutant ernlssions that exceed thresholds, increasing the risk of cancer, heart disease, andrespiratory disease among the entire population, especially i* the very young. Residents in these samentighborhaods have heen dscumented by the Alanreda County Deparlme*t of Public ltealth ta havelower life expectancies tha* resideats irt other pafs cf c*r city io part hecause cf the eoviranm.entalhaeards of living near a train line. There are darens of school: and 20,600 students vrrithin oae mile ofuain tracks in our Bisrict. There is already a high incidrnce of childhood asthma in the neighborhoodsof Sakland along the train route

- asthrna hospitalization ia Alameda County has twice the $tate average

aad is the third high*t in California. Therefore, this project woutd directly the l'realrh and safety of ourxhoal ccnrmrrnities along the rai* rsute in Gakla*d.

Mr. Ke* Toppi*g, ChairRe: Pjrillir:_66 RaitSpur ?rojectFebnrary ?5, 2$15Page 3 *f !

*n F*bruary ?5, ?S:.5, tls Sakland unified Se|'ro*l *istrict Board cf Educatian v*ied to, a*d hereby dcesresprtfrrily. re*ir*st qhat tl:e Sa* l*.*is #blspc County Fianning Csmmissicn ucte te riecly the Phitrlips 66Eail Sprrr Expansion.

Ji't:JL:ii

cc: Members, S+ard cf Edueatis*Ant\ryafi Wilscn, Superi*te*de*tlserretaryJacqueline Mi*or, Gener:l Csunsel