(The following story by Daniel Scarpinato appeared on the Arizona Daily Star website on June 26.)
PHOENIX, Ariz. — State lawmakers gave final approval Wednesday to a bill that would require public hearings before the construction of major railroad projects in Arizona.
The bill passed with bipartisan support and now goes to Gov. Janet Napolitano, who has not expressed her opinion publicly but vetoed a more stringent bill last year.
A response, in part, to the development of a Union Pacific rail yard near Picacho Peak, the bill would require the railroad to provide certain environmental and impact information before building a major project such as a rail yard.
It would also require between one and three public hearings, conducted by the Arizona Department of Transportation.
Union Pacific opposes the bill, saying it violates federal law since railroads are not controlled by the state.
But advocates of the legislation, including the sponsor, Rep. Jonathan Paton, a Tucson Republican, say the bill would not stop the railroad from eventually building what it wanted.
“It finally gives people a voice where they have had none,” Paton said.
“Our democracy is founded on the ability to petition your government for the redress of grievances, and like it or not, the railroads are no different from the government when they can condemn land.”
After Napolitano’s veto last year, backers reworked the legislation, which originally sought to take away the railroad’s power of eminent domain.
But Union Pacific and other critics of the effort say that even in its current form, the bill complicates the process and therefore violates federal law.