Senator Leyva’s landmark bill could soon help San Bernardino residents breathe better

Years of rallying has finally paid off for some residents of San Bernardino who have seen health hazards increase as their property values have decreased. Relief could come from Senate Bill 1000, designed to add equity to the city’s general planning process. Reports from state agencies indicate those living near the Burlington Northern/Santa Fe (BHSF) rail yard and the Omnitrans fueling station on the Westside of Mount Vernon Avenue have been exposed to well above safe levels of air pollution.

SB 1000 authored by Senator Connie Leyva (Chino) is written to lessen the impact of pollution on those living in neighborhoods with a disproportionate amount of industry. Leyva’s bill will mandate an eighth component to all future growth in the state. Known as the environmental justice element, it will be required before any development along with land use, circulation, open space, noise and safety.

SB 1000 is co-sponsored by the Center for Community Action and Environmental Justice. It will take effect Jan. 1, 2017. “This is the most important environmental bill enacted in years and Senator Leyva deserves a great deal of credit,” said Penny Newman, executive director for the environmental action group who has offices in San Bernardino. “It has never been an accident that those who are least able to defend themselves are targeted for the most hazardous developments.”

Leyva could not be reached for comment but her communications director Sergio Reyes referred to a prepared statement. Leyva thanked Gov. Brown for approving her bill she says will protect vulnerable residents who are exposed to high amounts of pollution and other environmental hazards. Leyva says that communities are often forced to address environmental justice issues such as air pollution or drinking water contamination after the fact. Her’s is designed for “front end” study. “SB 1000 will statutorily require that local communities proactively evaluate and address these potential impacts in the general plans.”

Leyva feels that inappropriate land use remains a leading cause of environmental inequities, “From the lack of basic infrastructure in rural areas to the exposure of residential and other sensitive land uses to toxins from industrial facilities. Consequently, residents in these communities often suffer higher rates of asthma, birth defects and cancer.”

In a phone interview, Newman said SB 1000 is written so that it can be readily enforced. “Every city has a general plan that is updated every five years. This bill provides a mechanism for identifying those who have been neglected and provides an institutional way to remedy the problem,” said Newman. She says Leyva’s landmark measure lays a foundation whereby cities like San Bernardino can apply for a portion of the $1.2 billion in state Greenhouse Gas Reduction Funds.

A map provided by the state environmental protection agency shows most of San Bernardino’s city limits along I-215 is determined to be disadvantaged. Leyva’s release shows roughly 20 percent of California’s population living in areas that contain high concentrations of pollution, equating to about 7.4 million people. A study by Loma Linda University School of Public Health and other air quality agencies, show measurable levels of diesel fuel from BNSF polluting air within a mile radius. High numbers of respiratory problems have been reported at Ramona Alessandro Elementary School, where nearby residents were also concerned about Omnitrans flammable liquefied and compressed natural gas storage tanks located in their neighborhood.

When reached for comment about SB 1000, San Bernardino City Planning Manager Oliver Mujica said no one in his office knew about the bill and that he was not prepared to comment. Mujica said San Bernardino last conducted an update on its general plan in 2007 but an update would be conducted in a few years.

In response to its neighbors concerns, Omnitrans officials have said it could possibly change to a pipeline type of delivery system instead of storing its natural gas in two large tanks. Omnitrans had plans to eventually switch to electric powered buses. Likewise BNSF says it plans to change to low emission trucks and cleaner natural gas fueled locomotives. But long time neighborhood spokespersons Susana Negrete and Erika Flores have said they can’t wait until 2020, when those promised changes start going into effect.

Newman is confident SB 1000 will fast track plans to reduce environmental threats to their vulnerable neighborhood. “Their neighborhood is among the 5 percent that has already been targeted for the Green Gas Reduction funding,” said Newman. “Yes. This bill is very enforceable.” Newman acknowledged that planning departments are always looking to work around the law by way of zone changes, amendments, and ordinances. “We have a number of watchdogs but you just can’t make laws and walk away. It takes local citizens to get involved.”