Public Health Development Standard

Public Health Development Standards

UPDATE for Fall 2024

Over a year ago--October 2023--the Eugene City Council held a work session (see the recording from the Oct. 18th work session on YouTube), at which time they voted unanimously to update our land use codes with public health criteria. This vote was in response to community concerns that manufacturers and other polluters who want to do business in Eugene will continue to operate near home, schools, parks and will overburden neighborhoods who have historically suffered from pollution, disease and reduced property values. The city councilors stated their support for integrating public health criteria into land use codes that guide urban development.

For example, plans for the new ordinance may impose specific requirements on new industrial polluters that prevent them from constructing facilities near homes and schools. These new regulations would create a buffer to protect schools and homes.

Over the past year, the City has delayed taking action on their recommendations.

Request to City Council
It is critical the City of Eugene move forward in its development and adoption of Public Health Development Standards to protect public Health. In October 2023, the Eugene City Council unanimously directed staff to develop Public Health Development Standards to protect public health based on the previous negative experiences of the community with polluter JH Baxter, a wood preserving facility that contaminated nearby homes with dioxins (a powerful carcinogen). When approved, staff stated a goal of presenting a policy to Council in the summer of 2024. Since that time there have been additional developments of concern to the Bethel community; including the completed construction of a gas station on Barger across the street from families' homes, and new proposals for a biofuels distribution facility and the development of a Westgate Industrial Park, which would develop twenty seven I-3 Heavy Industrial lots adjacent to homes. It is critical that Council move to adopt a Public Health Development Standard Policy as soon as possible to prevent the potential negative public health impacts from the development of these facilities without public health standards being in place.

Background
Potential environmental and climate threats to impacted communities merit a higher level of engagement, review, and consent to ensure that communities are not forced to bear disproportionate environmental and health risks. The burden of proof that a proposed action will not harm communities, including through cumulative exposure effects, should fall on polluting industries and on the local Government in its zoning and regulatory role, not the communities themselves.

All people have the right to breathe clean air where they live, learn and play. To correct past patterns of environmental harm and chronic health disparities from exposure to industrial air pollution, it is the responsibility of Eugene City Government to identify sensitive sites adjacent or near to lands zoned or proposed to be developed for industrial manufacturing use prior to application approval.

Eugene has pledged “No more J.H. Baxters!”
Under OAR 660-009-0020-0025, state law requires cities and counties to designate lands for industrial and other employment uses. These OARs contain language that encourages cities and counties to strive for “compatibility” between industrial uses and non-industrial uses, and identify strategies for mitigation for instances of incompatibility, such as: transition areas, design criteria, district designation, and limiting of non-essential uses.

The City of Eugene must evaluate impacts to communities and establish public health safeguards within 1/4 mile of sensitive sites. Sensitive sites are defined as places where people are most likely to reside, study, heal and be cared for. This includes homes, apartments, parks and playgrounds, public and private schools and school yards, preschools and daycares, nursing homes, hospitals and licensed care facilities).

Safeguards within the Public Health Development Standards zone shall separate pollution from sensitive sites by adopting the following criteria for industry within ¼ mile of sensitive sites:

No emissions requiring an air contamination discharge permit.

No truck idling.

No fuel transfer stations or fuel distribution businesses using fossil fuels or natural gas.

Not listed on the adopted Prohibited Uses for industrial manufacturing, processing or distribution.

City will amend and adjust its Land Use Compatibility process to include code changes and criteria adopted as the Public Health Development Standard as part of the Eugene Comprehensive Plan.

If adopted, this policy has the opportunity to ensure that Eugene grows its economy responsibly, without placing an undue burden on our most vulnerable community members, while also helping to alleviate conflicts associated with industrial zoning. This will, in turn, make industrial development more predictable for companies and communities alike.

Public Disclosure
The City will require the applicant to disclose development plans for manufacturing in light, medium or heavy industrial areas. The City will deny permits for industrial sites that are a Prohibitive Use and/or require an air contaminant discharge permit or emission control equipment on lands within ¼ mile of a sensitive site(s).

Join Beyond Toxics to fight for better air quality!

Your voices showing support for prioritizing public health over increasing industrial emissions inside our urban boundaries are needed to make a difference!

What are the primary reasons to support incorporating public health into land use planning?

What does it mean to build public health into land use planning?
A Public Health Development Standard is an additional land use zoning code that applies to established residential neighborhoods and industrial zones. These types of zones are designed to ensure that future land development projects promote a healthy environment and improved quality of life for surrounding neighborhoods.

The City of Eugene was the first city in Oregon to adopt a land use concept with environmental and climate justice goals stated as a primary purpose. The ordinance was adopted in 2017 following strong advocacy by Beyond Toxics when the Bethel community learned that the City planned to annex industrial lands to add substantial additional acres for industrial and manufacturing jobs in the Clear Lake Road area in West Eugene. The Clear Lake Overlay Zone was adopted as part of the City's Land Use Codes Chapter 9, Sections 9.4150- 9.4170

As stated by the City, the Clear Lake Overlay Zone was adopted "as a means to ensure future development fulfills the community’s desired outcomes for economic prosperity and increased employment opportunities, while addressing environmental justice concerns. The /CL Overlay implements supporting comprehensive plan policies that call for fairness and equity in achieving a healthy environment, vibrant community, and improved quality of life for surrounding neighborhoods." [See Clear Lake Overlay Zone Purpose 9.4150]

What will this do for Eugene communities?
The Public Health Development Standard will uphold the community’s values around environmental justice, climate change, sustainability, health, and conservation of natural resources. These new rules are designed to reduce pollution and improve public health for the local community going forward.

Why do we need to include public health into land use planning?
We must demand that the City of Eugene takes immediate steps to adopt the concept of a Public Health Development Standard.

A Public Health Development Standard can protect our community by:

Banning the most toxic potential land uses

Creating 1/4 mile buffer zones between industrial facilities and residential, park, and school zones

Build requirements into city code that requires an equity analysis and a health risk analysis

Why these objectives are important?

Most of the large polluters in Eugene are located in or near West Eugene neighborhoods thus leading to the worst pollution problems. West Eugene has large sections of industrial land and freight rail lines adjacent to residential properties and located near schools and parks, including the industrial corridors along Highway 99 and Roosevelt Boulevard. For these reasons, it is clear that West Eugene neighborhoods can greatly benefit from a public health overlay zone!

J.H. Baxter clearly showed the need for the city to take proactive measures to stop bad polluters before they locate near residences. We also need to hold companies accountable if they do not act in the public's interest.

The Clear Lake Overlay Zone is a model that can be used and expanded on to protect the public in other parts of the city where industrial lands are currently close to homes, schools and parks, or may be so designated in the future. The Clear Lake Overlay Zone prohibits some of the worst polluters known to emit chemicals that cause cancer, heart disease and pulmonary disease from operating in our city.

Eugene has the authority to make decisions about how we will deal with new and existing public health threats by building protections into our local land use codes. Authority can be spelled out through updates to the city’s land use codes or through an overlay zone.

Public health criteria can give city planners the opportunity to evaluate industrial development using criteria that reflect our community’s needs, rather than finding themselves limited to outdated land use codes that were written to benefit polluters.

MORE on the steps the City of Eugene took last October 2023...

Eugene council takes step to create rules they say will protect the city from polluters by Alan Torres, Eugene Register-Guard (PDF)

See the decision on the City of Eugene Public Meetings YouTube page (recorded October 18th):
https://www.youtube.com/live/6oX3FS7R_Tk?si=IgknagvMybonYVg7&t=846