(The following editorial appeared on The Arizona Republic website on May 1.)
PHOENIX, Ariz. — Big rail projects are coming down the track in Arizona, including proposed switching yards and expanded capacity.
But the public is left back at the station. Federal law grants wide-ranging power to railroads, including eminent domain, and pre-empts most state regulation.
Arizonans who will live with the long-term impact of rail projects deserve a chance to hear the details and voice their concerns.
That’s what House Bill 2156 would do. Railroads would be required to notify the state of plans for new track and other facilities. They would have to provide information about the impact and which other sites were considered. The Arizona Department of Transportation would then hold a public hearing, collecting comments to send to federal regulators.
For huge projects that cost tens and even hundreds of millions of dollars, furnishing such information is not a major job.
Obviously, it’s easier not to bother. But the suggestion that the bill would cause costly delays and stop projects cold, as a lawyer for Union Pacific contends, is far-fetched.
The bill isn’t a regulation that would poach on federal turf. It is “openness and transparency,” in the words of the main sponsor, Rep. Jonathan Paton, R-Tucson.
The House has already passed HB 2156. The Senate should add its approval.
Last year, Gov. Janet Napolitano nixed a similar bill that would have given the role of running public hearings to the Arizona Corporation Commission, which regulates utilities. In her veto letter, Napolitano expressed concern that the legislation would hamper the executive branch’s ability to ask railroads to address environmental and other community concerns.
This year’s bill responds to those objections, giving the role to ADOT instead of the Corporation Commission. It deserves a green light from the Legislature and a signature from the governor.