(The following story appeared on the Arizona Republic website on April 13.)
PHOENIX, Ariz. — Two Union Pacific projects are chugging into Arizona and a third is in the station, building steam.
The railroad giant is double-tracking its east-west route across the state, providing far more capacity than the current single track. It wants to build an enormous switching yard on a proposed site near Picacho Peak. And it’s preparing to bid on a new rail line that would run through Yuma.
The scope of the projects: mammoth.
The role of state and local communities in how they proceed: far too tiny.
Railroads were given broad power in the 19th century, when America was eager to propel the construction of a modern transportation network. That includes the authority to acquire land through eminent domain. Because they deal in interstate commerce, railroads are mostly regulated by the federal government.
The Arizona Corporation Commission does some oversight, but it’s mostly limited to the safety of railroad crossings.
The Legislature is considering a bill that is designed to give the community more of a voice in rail projects. House Bill 2020 would require the Arizona Corporation Commission to review any railroad proposal to acquire land or materials by eminent domain or at auction. The commission would have to hold a public hearing, take comments and ensure that alternatives are examined and potential impacts are minimized.
There are no real teeth. Otherwise, the bill could be challenged for usurping federal authority.
Union Pacific argues that it already holds community meetings, and the bill would just add time-consuming red tape.
We disagree. Increasing the opportunities to discuss a project, even if the only authority is the Corporation Commission’s bully pulpit, is positive.
The experience of Willcox shows the value of dialogue. The town’s worries included drainage, road crossings and which side of the track would get the new rails. Local representatives spoke with the railroad, and the Corporation Commission held a meeting.
Union Pacific acted as a responsible corporate citizen, adjusting its plans to meet local concerns.
That’s a fine model for these three complex projects.
• Double-tracking. Union Pacific has already started adding a second track to its Sunset route, which goes from Los Angeles to El Paso, and aims to finish the job across Arizona in the next three years. The Corporation Commission is concerned that some of the 50 road crossings that will be affected are in rapidly urbanizing areas. If the level of danger and traffic flow justify it, the best solution is to build an overpass or underpass. But the cost runs several million dollars, and the railroad is required to pay just 5 percent.
• The new switching yard. The proposed location is right alongside one of Arizona’s prize landmarks, Picacho Peak, and above an important aquifer. A rail yard would alter the landscape forever and set a pattern for heavy, industrial development in an area that’s a mix of agriculture and scenic desert.
• Yuma rail line. Union Pacific plans to be the rail partner in a bid for Mexico’s deep-water port project in Baja California. The railroad says the most practical line would go through Yuma. Local residents are determined to keep the tracks from splitting the city or the fertile Yuma Valley. In this case, the federal Surface Transportation Board must approve the siting, and the public will get a chance to comment.
Much of the framework for federal oversight rests on the idea that railroads have little responsibility for their impact on the community.
That attitude is as dated as a wood-powered locomotive. It’s time for Congress to bring railroad rules into the 21st century.
In the meantime, Arizona must use what clout we can muster.
Union Pacific has shown a willingness to work with local communities. The Corporation Commission has stepped in to schedule local hearings. The Arizona Legislature should approve a bill that ensures the public at least has a forum.