San Francisco Bay Conservation and Development Commission
375 Beale Street, Suite 510
San Francisco, CA 94105
October 18, 2024
RE: PACT Public Comment on BCDC’s Regional Shoreline Adaptation Plan & Contaminated Sites Management
Dear Bay Conservation & Development Commission,
The Peninsula Accountability for Contamination Team (PACT) is writing to provide comments on the Regional Shoreline Adaptation Plan and specifically how it addresses the issue of contaminated sites and environmental justice concerns in the Bay Area. PACT’s mission is to advocate alongside community members to advance contaminated site clean-up and infrastructure resilience, addressing the impacts of sea level and groundwater rise in low-lying areas of the Peninsula and beyond. Through this work, we aim to safeguard the health and well-being of our community for generations to come. We commend BCDC’s effort on the RSAP, an important document that will guide the future adaptation practices of our region and an indispensable step in advancing environmental justice. We appreciate the opportunity to participate in the public comment process. PACT member organizations include Climate Resilient Communities, Nuestra Casa, Youth United for Community Action, Belle Haven Empowered, and the Belle Haven Community Development Fund. The longer these shoreline-contaminated sites remain untreated, the greater the risk of contaminants spreading to the Bay and surrounding habitats. This means that all Bay Area jurisdictions should be required to contribute to the cleanup effort.
PACT priorities:
Advance timely and comprehensive clean-up of shoreline contaminated sites located in and adjacent to vulnerable communities.
Empower affected communities to have an active voice in determining the prioritization of contaminated site cleanups and resource allocation.
Strengthen coordination between regulatory agencies, BCDC, responsible parties, and local jurisdictions to accelerate the clean-up of contaminated sites impacted by groundwater, sea level rise, and coastal flooding.
To address these priorities and to be fully protective of the health of current and future frontline community residents, PACT recommends the following improvements to the RSAP and the RSAP implementation process:
Emphasize history of and use policies & urgency of clean-up: BCDC should explicitly acknowledge how past land use planning practices (e.g. redlining and de facto discrimination) contributed to the concentration of contaminated sites in lower-income communities of color and how the RSAP, Subregional Plans, and shoreline adaptation efforts must both acknowledge these inequities and ensure that both clean-up efforts and general adaptation plans prioritize the health, social cohesion, and livelihoods of frontline communities. RSAP language should also put a greater emphasis on the urgency of contaminated site clean up. The presence of these contaminated sites contributes to the continued spread of toxic substances into the Bay, which impacts human health and our natural ecosystems.
Update combined flood risks, groundwater, and contaminated site maps: The RSAP effectively acknowledges the risk of shallow groundwater rise across the region, and we look forward to the updated ART Flood Explorer incorporating groundwater rise. Still, we recommend that BCDC’s flood mapping tool incorporate projections of flood extents in the case of overlapping or simultaneous coastal flood events. Using flood overlays without acknowledging combined flood risk may lead to a subregion underestimating flood hazards which could significantly change their adaptation approach.
In addition, we would like the contaminated sites map (page 72) to be updated to include current stormwater flood zones, groundwater rise risk, contaminated sites that are located just outside of census tracts with a CalEnviroScreen score of 75 or greater, and high-risk closed sites that could still contribute to contaminant mobilization and health impacts (see SPUR’s Look Out Below Report). In East Palo Alto, most contaminated sites are located in the City’s northeast industrial corner near Bay Road. This census tract has a CalEnviroScreen score below 75 but is adjacent to a vulnerable community. According to this map, even a cluster of sites that falls just a few hundred feet outside of a designated EJ community might not qualify for additional resources yet still impact nearby residents through contamination mobilization. These sites should not be excluded from assessment due to arbitrary census boundaries and a metric of social vulnerability
(CalEnviroScreen) that does not always accurately represent a community’s experience. The use of the map should be clarified: are the sites identified on page 71 the only ones that require assessment? Please provide further guidance.
Encourage community-led site prioritization: The RSAP should recommend that subregional coalitions work with community-based organizations and the local community to prioritize clean-up sites across the subregion. With limited financial resources available for shoreline cleanup, prioritization of sites will be key. Climate Resilient Communities has already developed a tool that could be used as a template for community prioritization in the face of climate hazards.
Include structures for accountability & enforcement: Clear metrics of success and pathways for accountability will better enable subregions to meet goals around shoreline contaminated site clean-up. A recurring challenge is that responsible parties often find loopholes to avoid paying for site cleanup. There is an urgent need for frameworks that hold them accountable. We recommend that BCDC provide additional guidance on how local jurisdictions and community organizations should work with responsible parties and close these loopholes to expedite site cleanup.
Finally, please provide clarity on PACT’s following concerns:
How will BCDC help foster relationships between local jurisdictions and regulatory agencies that oversee contaminated sites? BCDC cannot direct key regulatory agencies like the DTSC, State Water Board, and EPA to participate in subregional planning. Yet, these agencies are integral to addressing shoreline contamination.
How will BCDC support low-resourced jurisdictions in addressing shoreline contamination? The RSAP would be strengthened by offering clear strategies and support structures to ensure that smaller and under-resourced jurisdictions, that may also have a high proportion of contaminated sites, receive adequate support.
The RSAP provides a valuable framework for addressing contaminated sites, public health issues, and environmental justice in the Bay Area. We are grateful to see contaminated site clean-up as a regional priority in the RSAP. Now, we ask the BCDC to provide additional structure and thinking for how the region and subregional plans can feasibly reduce community exposure to contamination in the face of climate change. Thank you for your time and consideration.
Sincerely,
Peninsula Accountability for Contamination Team (PACT)