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Why a bill to regulate California warehouse development is generating sweeping opposition

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Saturday, September 7, 2024

Xochitl Pedraza moved to San Bernardino County eight years ago. After three decades of city living, unincorporated Bloomington offered a rural community where she could buy an acre of land and raise chickens.But Pedraza’s neighborhood has become more industrial in recent years, as developers have converted large swaths of property along the 10 Freeway into a logistics corridor for e-commerce, connecting goods shipped into Southern California ports with online shoppers across the nation. While proponents of the developments say they bring jobs and infrastructure improvements, many residents living in their shadow lament the pollution, traffic and neighborhood disruption.There was already an avocado distribution center across the street from Pedraza’s home; now there’s an Amazon fulfillment center on the corner that brings “trucks after trucks after trucks,” Pedraza said. The incessant beeping and honking penetrate her soundproof windows.She and her 8-year-old grandson suffer from dry eyes, nasal congestion and a chronic dry cough — symptoms she attributes to dust from warehouse construction and the region’s ozone pollution. A bill on Gov. Gavin Newsom’s desk would establish siting and design standards for industrial warehouses that, according to supporters, would better protect the health of residents such as Pedraza. Assemblymember Juan Carrillo (D-Palmdale), who co-authored the legislation, has described the measure as a “very delicate compromise” that resulted from lengthy negotiations among a working group that included labor, health, environmental and business representatives. Nonetheless, the bill has generated staunch opposition from a diverse range of environmental, community and civic groups statewide who object to the secrecy in which the bill was crafted in the final days of session and who say it fails to hold warehouse developers to higher standards.Beginning in 2026, AB 98 would prohibit cities and counties from approving new or expanded distribution centers unless they meet specified standards. New warehouse developments would need to be located on major thoroughfares or local roads that mainly serve commercial uses. And warehouse sites would need to be set back several hundred feet from so-called “sensitive sites” such as homes, schools and healthcare facilities. Additionally, if a developer demolishes housing to make way for a warehouse, the bill would require two new units of affordable housing for each unit that is destroyed. The developer would have to provide displaced tenants with 12 months’ rent.Some regulations would need to be enacted in the state’s “warehouse concentration region” — Riverside and San Bernardino counties and a dozen Inland Empire cities — by 2026, two years before the rest of the state.While some labor groups support the bill, it is opposed by a host of environmental, business and community organizations. Several cities also opposed the legislation, which according to an analysis by the Senate Appropriations Committee, requires general plan updates that could result in one-time costs for cities and counties ranging from tens of millions to potentially hundreds of millions of dollars. Environmental advocates are especially concerned about the bill’s setback requirements for projects involving warehouses 250,000 square feet and larger that are within 900 feet of homes, schools, parks or healthcare facilities.In those cases, the bill would require that truck loading bays are located at least 300 feet from the property line in areas zoned for industrial use; and 500 feet from the property line in areas not zoned for industrial use. Warehouses would also need to comply with design and energy efficiency standards.Pedraza, the Bloomington resident, said the distances laid out aren’t enough buffer. The rules also don’t take into account that truck traffic and pollution issues are magnified in overburdened communities such as Bloomington, she said.“The whole community is surrounded by warehouses now,” she said. “It doesn’t matter how far it is ... they still affect us.”The bill would simply enshrine current warehouse development practices into law and undermine local efforts to advocate for the much bigger setbacks recommended by state agencies, said Andrea Vidaurre, senior policy analyst for the People’s Collective for Environmental Justice in San Bernardino.In a 2022 report on best practices for warehouse projects under the state’s environmental laws, the state attorney general’s office recommends locating warehouse facilities so that their property lines are at least 1,000 feet from the property lines of sensitive sites such as homes and schools. It cites the state Air Resources Board, which in 2005 estimated an 80% drop-off in pollutant concentrations at approximately 1,000 feet from a distribution center.“If this is signed into law, we’re basically saying, ‘Business as usual is okay; let’s keep building it like this,’” Vidaurre said. “We’re going to continue to see warehouses being put across the street from homes and schools, because it will be OK with the law.”Assemblymember Eloise Gomez Reyes (D-Colton), another co-author, acknowledged during a Senate committee hearing last week that AB 98 preserves jobs and enacts warehouse standards but is “not the perfect bill.”She introduced a bill earlier this year that said warehouses could be sited within 1,000 feet of schools, homes, healthcare facilities and other sensitive sites only if they included a minimum setback of 750 feet and adopted specific mitigation measures. The bill was held in its first committee.Gomez Reyes said the distance requirements in AB 98 could serve as a floor.“I do not believe the sensitive receptor setbacks in this bill adequately protect our most vulnerable communities,” Gomez Reyes said during the hearing. “It is important to note that these, however, are only a minimum. And nothing in this bill stops cities or advocates from pushing to put in place stronger standards with local cities and counties.”Karla Cervantes launched the Mead Valley Coalition for Clean Air earlier this year to fight the proliferation of warehouses in her unincorporated community of about 20,500 people in Riverside County. She said developers aren’t going to agree to setbacks larger than what’s required in the legislation. Riverside County already recommends warehouses be designed so there’s at least 300 feet between the property line of a sensitive site and the nearest dock door. While it is “very rare” for developers to agree to a larger setback, she said, they will sometimes offer larger landscaped buffers to obscure people’s view of facilities.If AB 98 becomes law, she said, “it’s going to be even harder for us to try to push for better.”Newsom has until Sept. 30 to sign or veto the bill.This article is part of The Times’ equity reporting initiative, funded by the James Irvine Foundation, exploring the challenges facing low-income workers and the efforts being made to address California’s economic divide.

A bill on Gov. Gavin Newsom's desk would set standards for industrial warehouse development near homes and schools. Opponents say those standards are weak and won't lessen health risks for residents living in the shadow of e-commerce.

Xochitl Pedraza moved to San Bernardino County eight years ago. After three decades of city living, unincorporated Bloomington offered a rural community where she could buy an acre of land and raise chickens.

But Pedraza’s neighborhood has become more industrial in recent years, as developers have converted large swaths of property along the 10 Freeway into a logistics corridor for e-commerce, connecting goods shipped into Southern California ports with online shoppers across the nation. While proponents of the developments say they bring jobs and infrastructure improvements, many residents living in their shadow lament the pollution, traffic and neighborhood disruption.

There was already an avocado distribution center across the street from Pedraza’s home; now there’s an Amazon fulfillment center on the corner that brings “trucks after trucks after trucks,” Pedraza said. The incessant beeping and honking penetrate her soundproof windows.

She and her 8-year-old grandson suffer from dry eyes, nasal congestion and a chronic dry cough — symptoms she attributes to dust from warehouse construction and the region’s ozone pollution.

A bill on Gov. Gavin Newsom’s desk would establish siting and design standards for industrial warehouses that, according to supporters, would better protect the health of residents such as Pedraza.

Assemblymember Juan Carrillo (D-Palmdale), who co-authored the legislation, has described the measure as a “very delicate compromise” that resulted from lengthy negotiations among a working group that included labor, health, environmental and business representatives.

Nonetheless, the bill has generated staunch opposition from a diverse range of environmental, community and civic groups statewide who object to the secrecy in which the bill was crafted in the final days of session and who say it fails to hold warehouse developers to higher standards.

Beginning in 2026, AB 98 would prohibit cities and counties from approving new or expanded distribution centers unless they meet specified standards. New warehouse developments would need to be located on major thoroughfares or local roads that mainly serve commercial uses. And warehouse sites would need to be set back several hundred feet from so-called “sensitive sites” such as homes, schools and healthcare facilities.

Additionally, if a developer demolishes housing to make way for a warehouse, the bill would require two new units of affordable housing for each unit that is destroyed. The developer would have to provide displaced tenants with 12 months’ rent.

Some regulations would need to be enacted in the state’s “warehouse concentration region” — Riverside and San Bernardino counties and a dozen Inland Empire cities — by 2026, two years before the rest of the state.

While some labor groups support the bill, it is opposed by a host of environmental, business and community organizations. Several cities also opposed the legislation, which according to an analysis by the Senate Appropriations Committee, requires general plan updates that could result in one-time costs for cities and counties ranging from tens of millions to potentially hundreds of millions of dollars.

Environmental advocates are especially concerned about the bill’s setback requirements for projects involving warehouses 250,000 square feet and larger that are within 900 feet of homes, schools, parks or healthcare facilities.

In those cases, the bill would require that truck loading bays are located at least 300 feet from the property line in areas zoned for industrial use; and 500 feet from the property line in areas not zoned for industrial use. Warehouses would also need to comply with design and energy efficiency standards.

Pedraza, the Bloomington resident, said the distances laid out aren’t enough buffer. The rules also don’t take into account that truck traffic and pollution issues are magnified in overburdened communities such as Bloomington, she said.

“The whole community is surrounded by warehouses now,” she said. “It doesn’t matter how far it is ... they still affect us.”

The bill would simply enshrine current warehouse development practices into law and undermine local efforts to advocate for the much bigger setbacks recommended by state agencies, said Andrea Vidaurre, senior policy analyst for the People’s Collective for Environmental Justice in San Bernardino.

In a 2022 report on best practices for warehouse projects under the state’s environmental laws, the state attorney general’s office recommends locating warehouse facilities so that their property lines are at least 1,000 feet from the property lines of sensitive sites such as homes and schools. It cites the state Air Resources Board, which in 2005 estimated an 80% drop-off in pollutant concentrations at approximately 1,000 feet from a distribution center.

“If this is signed into law, we’re basically saying, ‘Business as usual is okay; let’s keep building it like this,’” Vidaurre said. “We’re going to continue to see warehouses being put across the street from homes and schools, because it will be OK with the law.”

Assemblymember Eloise Gomez Reyes (D-Colton), another co-author, acknowledged during a Senate committee hearing last week that AB 98 preserves jobs and enacts warehouse standards but is “not the perfect bill.”

She introduced a bill earlier this year that said warehouses could be sited within 1,000 feet of schools, homes, healthcare facilities and other sensitive sites only if they included a minimum setback of 750 feet and adopted specific mitigation measures. The bill was held in its first committee.

Gomez Reyes said the distance requirements in AB 98 could serve as a floor.

“I do not believe the sensitive receptor setbacks in this bill adequately protect our most vulnerable communities,” Gomez Reyes said during the hearing. “It is important to note that these, however, are only a minimum. And nothing in this bill stops cities or advocates from pushing to put in place stronger standards with local cities and counties.”

Karla Cervantes launched the Mead Valley Coalition for Clean Air earlier this year to fight the proliferation of warehouses in her unincorporated community of about 20,500 people in Riverside County. She said developers aren’t going to agree to setbacks larger than what’s required in the legislation.

Riverside County already recommends warehouses be designed so there’s at least 300 feet between the property line of a sensitive site and the nearest dock door. While it is “very rare” for developers to agree to a larger setback, she said, they will sometimes offer larger landscaped buffers to obscure people’s view of facilities.

If AB 98 becomes law, she said, “it’s going to be even harder for us to try to push for better.”

Newsom has until Sept. 30 to sign or veto the bill.

This article is part of The Times’ equity reporting initiative, funded by the James Irvine Foundation, exploring the challenges facing low-income workers and the efforts being made to address California’s economic divide.

Read the full story here.
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Forty Years After the Bhopal Disaster, the Danger Still Remains

In many ways, we all live in Bhopal now. We must continue to fight for a future in which we all have the right to live in healthy environments.

Forty years ago this month, a Union Carbide pesticide factory in Bhopal, India, sprung a toxic gas leak, exposing half a million people to toxic fumes. Thousands of people lost their lives in the immediate aftermath, with the death toll climbing to more than 20,000 over the next two decades. Countless others, including children of survivors, continue to endure chronic health issues. In the United States, the events in Bhopal ignited a grassroots movement to expose and address the toxic chemicals in our water, air, and neighborhoods. In 1986, just two years after the disaster, this growing awareness led Congress to pass the first National Right to Know Act, which requires companies to publicly disclose their use of many toxic chemicals. In India, Bhopal victims have had a long struggle for justice. In 1989, survivors flew to a Union Carbide shareholders meeting in Houston to protest the inadequate compensation for the trauma they’d suffered. The settlement awarded each Bhopal victim was a mere $500—which a spokesperson for Dow Chemical, Union Carbide’s parent company, called “plenty good for an Indian.”  Union Carbide had the survivors arrested before they could enter the meeting. Meanwhile, their abandoned chemical factory was still leaking toxic chemicals into the surrounding neighborhoods and drinking water.  Nevertheless, Bhopal survivors never stopped fighting. They opened a free clinic to treat the intergenerational health effects caused by the disaster. They marched 500 miles between Bhopal and New Delhi. They staged hunger strikes. They created memorials to the disaster and established a museum to ensure that the horrors of their collective past are not forgotten.    The survivors even obtained an extradition order for Union Carbide’s former CEO, Warren Anderson, but the U.S. government never acted on that request. Forty years later, the factory in Bhopal has never been properly cleaned and is still leaking poison.  Unfortunately, the kinds of chemicals that flow through the veins of Bhopal survivors also flow through ours. The petrochemical industry has brought us together in a perverse solidarity, having chemically trespassed into places all over the world. According to one figure, Americans are exposed to dangerous chemical fires, leaks, and explosions about once every two days. In one dramatic example in early 2023, a rail tanker filled with vinyl chloride derailed in East Palestine, Ohio, forcing the evacuation of 2,000 residents.  Nearly all Americans now carry toxic substances known as PFAS in our bodies. These have been linked to cancer, liver and kidney disease, and immune dysfunction. And the continued burning of fossil fuels is killing millions of people each year around the world through air pollution.  Petrochemical and fossil fuel companies know they can only survive if they avoid liability for the damage they are doing to our health and the planet’s ecosystems. That’s why they are heavily invested in lobbying to prevent any such accountability. Polluting industries are certain to have strong allies in the coming Trump Administration, which plans to open even more land to fossil fuel production and, under the blueprint for conservative governance known as Project 2025, to slash environmental and public health regulations. But we can take inspiration from the people of Bhopal, whose fierce commitment to health and justice sparked a global movement. Earlier this month, on the fortieth anniversary of the Bhopal disaster, congressional allies of this movement including U.S. Senator Jeff Merkley, Democrat of Oregon, and U.S. Representatives Pramila Jayapal, Democrat of Washington, and Rashida Tlaib, Democrat of Michigan, introduced a resolution designating December 3 as National Chemical Disaster Awareness Day. “Chemical disasters are often the result of corporations cutting corners and prioritizing profits over safety,” said Merkley, who chairs the U.S. Senate Environment and Public Works subcommittee. “These catastrophes cloud communities with toxic fumes, upending lives and threatening the health and property of those living and working close by.” He called for “stronger laws to prevent chemical disasters and keep our communities and workers safe.” This growing global alliance, which has been called the largest movement for environmental health and justice in history, is fighting for a future in which everyone has the right to live in a healthy environment. It’s a movement that unites us all. Because in many ways, we all live in Bhopal now. This column was produced for Progressive Perspectives, a project of The Progressive magazine, and distributed by Tribune News Service. Gary Cohen is the president of Health Care Without Harm and a long time member of the International Campaign for Justice in Bhopal. Read more by Gary Cohen December 18, 2024 3:25 PM

Study Miscalculation Has Everyone Talking about Black Plastic Spatulas Again. Experts Are Still Concerned

The scientists behind a popular study on the health effects of flame retardants in black plastic cooking utensils and toys made a calculation error but still say their revised findings are alarming

Should you throw out your black plastic spatula? A recent study that reported alarming levels of several flame retardants in common black-colored plastic items (including cooking utensils, toys and hair products) had many people suddenly taking stock of their inky array of plastic kitchenware and considering wood or metal alternatives. And the reasons for the concern were understandable: the study’s findings, published in Chemosphere, highlighted potential health effects from exposure to the flame retardants, particularly decabromodiphenyl ether (decaBDE)—a chemical the U.S. Environmental Protection Agency banned in 2021 for its apparent links to cancer and reproductive, developmental and immunologic toxicity effects.But this week the study’s authors issued a correction that suggests exposure to decaBDE from the tested products isn’t as close to the EPA’s safety reference level as they initially thought. The decaBDE exposure they estimated from the screened products is still correct, but it’s one tenth of the reference dose. The study had miscalculated the comparison by an order of magnitude.The amount of flame retardants in such products is “not as harmful, with respect to the EPA guidance, as [the researchers] originally stated, although, with these chemicals, they may be harmful when you’re exposed to small amounts over a long period of time,” says Andrew Turner, a biogeochemist at the University of Plymouth in England, who wasn’t involved in the research and studies the disposal and recycling of plastic consumer goods. “It’s difficult to put numbers on these chemicals.”On supporting science journalismIf you're enjoying this article, consider supporting our award-winning journalism by subscribing. By purchasing a subscription you are helping to ensure the future of impactful stories about the discoveries and ideas shaping our world today.The study authors issued an apology for the mistake in which they maintained that the “calculation error does not affect the overall conclusion of the paper.”“Our results still show that when toxic additives are used in plastic, they can significantly contaminate products made with recycled content that do not require flame retardancy,” says Megan Liu, a co-author of the recent study and science and policy manager at Toxic-Free Future, an environmental health research and advocacy group. “The products found in this study to contain hazardous flame retardants included items with high exposure potential, such as things that touch our food, as well as toys, which come in contact with kids.”Why might some black plastics contain flame retardants? Flame retardants are required in certain products (often including computers, TVs and other common electronic items) to meet fire safety regulations. To reduce the amount of e-waste and fossil fuels needed to make new plastics, some of these items are recycled into black plastics. But the problem is that “you could also recycle the flame retardants and other chemicals that are associated with that plastic,” says Stuart Harrad, an environmental chemist at the University of Birmingham in England, who wasn’t involved in the paper. “Now that’s fine to some degree, I suppose, if you’re only recycling the plastic into uses like TV sets, where you need to meet fire safety regulations. But the point is here is that that isn’t happening.”The new study’s main goal was to identify any flame retardant chemicals in various common products. The researchers screened 203 items, ranging from plastic sushi take-out trays to toy necklaces—and found 17 of them were contaminated with high levels of flame retardants. Fourteen of those products contained high levels of decaBDE.The U.S. has largely banned decaBDE and other polybrominated-diphenyl-ether-based flame retardants. New electronic goods use safer flame retardants, but older electronics that contain decaBDE could still be in many households or might have been only recently tossed out for recycling, Turner says. “When you talk about some electronic devices, they last quite a long time,” he adds. These older devices might only be reaching recycling plants now.The new study’s findings generally line up with past evidence that recycled plastics—and flame retardants—can end up in toys and cooking utensils, Harrad says. But it’s been unclear whether the mere presence of flame retardants in a cooking utensil pose any health threat to humans; there are many contributing factors, including the source, the dose, the duration of exposure and any other chemicals that may be present. In a 2018 study Harrad and his colleagues tested potential exposure from black plastic cooking utensils and found that uptake through the skin from simply holding them was negligible. But when they tested them in prolonged cooking experiments with hot oil, about 20 percent of the flame retardants in a utensil transferred into the oil on average. “That’s really because the oil, particularly hot oil, is going to be a pretty good way of extracting these chemicals,” Harrad says.How did the miscalculation occur?The authors of the new study estimated humans’ potential exposure to decaBDE from the plastic products by using the calculation in Harrad’s 2018 study. They applied this calculation to the median levels of decaBDE detected in the products they tested. This wound up being an estimated 34,700 nanograms per day of decaBDE. They then compared that figure with the EPA’s reference dose of 7,000 nanograms per kilogram of body weight per day. (Some researchers note that this measurement was derived from lab tests and animal models, not direct human testing). To better assess human risk, the scientists calculated a reference dose based on a 60-kg (132-pound) person and initially found 42,000 ng per day, a value alarmingly close to the 34,700 ng per day of exposure they estimated from the new data. But 7,000 multiplied by 60 is actually 420,000. This may have been a simple math error, but the correction massively reduces how close the amount of exposure is to the maximum acceptable limit.The figure with the miscalculation was “contextualizing the levels that we saw in our study, thinking that it could be helpful for people,” Liu says. “This was really just one part of our study that isn’t even part of our key findings.”She and her co-authors have emphasized that the error shouldn’t detract from one of the study’s main conclusions: that none of these flame-retardant chemicals, especially those that have been banned, should be found, in any amount, in these products in the first place.“They're probably banging their head in frustration when they found out they made that calculation error,” Harrad says, adding that the rest of their findings “were perfectly plausible.”“The study does highlight the fact that we’ve not sorted this out yet—that we’re still finding these chemicals coming through into new goods that contain recycled plastics,” Harrad says. “We do need to step up our efforts to isolate these chemicals from waste and make sure that they don't get recycled.”So should you really ditch your black plastic spatula? Harrad says you should avoid leaving it in a hot pan or pot for long periods of time. Some experts don’t recommend reheating food in black plastic containers, although studies haven’t confirmed if this causes chemicals to leach into food. Importantly, “if you see that your black utensil is damaged in any way, just [get rid of it] and go for something else,” Turner says—pieces of the plastic could potentially break off into food.When looking for new cooking ware, Turner says that it’d be more sustainable, and potentially safer, to reduce the use of black plastic items and opt for a material or color that’s more easily recyclable. Liu says wood, stainless steel or silicone products are some safer alternatives. She adds, however, that people can’t “shop” their way out of a larger societal issue. “We can’t expect that everyone can immediately switch over to safer alternatives,” Liu says. “That’s ultimately why we’ve been calling on greater regulatory action at both the corporate and government level to regulate and restrict these harmful chemicals.”

Are Microplastics In the Air Putting Your Fertility At Risk?

By Dennis Thompson HealthDay ReporterWEDNESDAY, Dec. 18, 2024 (HealthDay News) -- Microscopic plastic particles in the air could be contributing to...

By Dennis Thompson HealthDay ReporterWEDNESDAY, Dec. 18, 2024 (HealthDay News) -- Microscopic plastic particles in the air could be contributing to a wide variety of health problems, including lung and colon cancers.Tires and degrading garbage shed tiny pieces of plastic which become airborne, creating a form of air pollution that’s not very well understood, a new review says.“These microplastics are basically particulate matter air pollution, and we know this type of air pollution is harmful,” said researcher Tracey Woodruff, a professor of obstetrics, gynecology and reproductive sciences at the University of California, San Francisco.Microplastics are less than 5 millimeters in size, smaller than a grain of rice, researchers said in background notes.Companies around the world produce nearly 460 million tons of plastic each year, and that’s projected to increase to 1.1 billion tons by 2050, researchers said.A major source of airborne plastic is driving, researchers noted. Tires wear down as they rub against the road surface, sending microplastics into the air.For the review, published Dec. 18 in the journal Environmental Science & Technology, researchers analyzed data gathered on about 3,000 prior studies.The results showed that airborne microplastics can contribute to cancer, lung problems and infertility.Most of the studies in the review used animals, but researchers said the conclusions likely also apply to humans.“We urge regulatory agencies and policy leaders to consider the growing evidence of health harms from microplastics, including colon and lung cancer,” lead researcher Nicholas Chartres, a senior research fellow with the University of Sydney, said in a UCSF news release. “We hope state leaders will take immediate action to prevent further exposures.”SOURCE: University of California, San Francisco, news release, Dec. 18, 2024Copyright © 2024 HealthDay. All rights reserved.

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