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Utah lawmakers are steamrolling forward with a invoice to strong-arm the most important railroad firm in North America, with a prime legislative chief accusing the corporate of being an unwilling and uncooperative associate in efforts to clear the state’s troublesome air air pollution.
Regardless of protests from Union Pacific, complaining that the invoice would mandate an not possible process, the Home Financial Improvement and Workforce Companies Committee on Tuesday unanimously voted to endorse HB405 and ship it to the Home flooring.
Hours later, the total Utah Home of Representatives quick tracked the invoice and voted overwhelmingly — Democrats and Republicans — to approve it, with zero votes in dissent. It now goes to the Senate.
The invoice would require rail yards which have 4 or extra switchers — or a railroad locomotive used to maneuver rail automobiles inside a rail yard — to energy these switchers “wholly by a hydrogen gasoline cell or electrical energy” by no later than Jan. 1, 2028.
The invoice particularly targets Union Pacific’s Roper Rail Yard in Salt Lake Metropolis, which has “produced sufficient emissions that's primarily equal to I-15 at rush hour” because of its over 40 switchers that use decades-old, “tier 0” expertise, College of Utah atmospheric scientist Dr. Daniel Mendoza advised lawmakers.
Union Pacific is likely one of the largest “level sources” or highest concentrated sources of air pollution in Salt Lake County, Mendoza mentioned, noting that these switchers must idle 24/7 in winter months to stop the engine blocks from freezing or cracking.
“So sadly throughout our worst intervals of air air pollution, throughout winter time, is when these engines are continually operating,” Mendoza mentioned.
Enjoying exhausting ball
Mendoza offered alongside the invoice’s sponsor, Home Majority Chief Mike Schultz, R-Hooper, who urged lawmakers to move the invoice, saying Utah has had sufficient with Union Pacific’s unwillingness to have interaction.
“I might hope ... that Union Pacific would come forth and voluntarily assist remedy our drawback as a substitute of being one of many largest issues,” Schultz mentioned. “That’s my hope, however that has but to occur.”
Different main firms like Chevron, Marathon Petroleum Company, Silver Eagle, HollyFrontier and Rio Tinto have labored with Utah leaders to provide tier 3 fuels or make investments hundreds of thousands to assist enhance Utah’s air high quality, Schultz mentioned.
“These firms are nice company residents,” Schultz mentioned. “They’ve stepped up, they’ve spent hundreds of thousands ... to assist the air high quality throughout our state. Union Pacific proper now shouldn't be a kind of good company residents.”
Whereas Union Pacific noticed it’s greatest revenue yr in 2021 — raking in $6.5 billion — and is making an attempt new expertise for freight switchers in different states like California and Nebraska, “Utah isn’t on their record although we've got the worst air high quality within the nation — and the world — at occasions,” Schultz mentioned, noting elements of the state stay nonattainment areas below the EPA.
Schultz went as far to say that although Utah lawmakers have tried discussing the switcher subject with Union Pacific in years previous, the corporate has been digging in its heels. Schultz pointed to a different one among his payments, HB181, which he mentioned seeks to stop Union Pacific from “holding hostage” widening of roads round railroad crossings by refusing to pay for upkeep of these crossings.
Schultz mentioned Union Pacific has been enjoying exhausting ball, leveraging that invoice.
“I used to be advised on the final cellphone name that if I didn't drop HB181 that they might not transfer ahead on these discussions with regard to freight switchers and a few of the different considerations within the state,” Schultz mentioned.
“I feel we've got an even bigger drawback within the state with Union Pacific,” Schultz added. “Each time I flip round I hear of different points. Employees — I can't consider all the employees which have got here to me and talked about security considerations, and I've to confess, I've up to now labored to kill a few of the payments that got here in entrance of this legislature to cope with the protection points with the employees.
“And so I'm fairly disheartened, truthfully, about their willingness to have interaction on this,” Schultz continued, noting it’s been 5 years since Rep. Steve Helpful, R-Layton, started engaged on the freight switcher subject. “My expertise hasn’t been that nice, both, in working with them.”
Schultz obtained a heat reception from his Home colleagues, together with fellow Republicans who're normally in favor of a business-friendly setting.
“It’s unlucky when we've got to compel somebody, a non-public entity, to do one thing, however I feel this invoice is a invoice that has been a very long time coming,” mentioned Rep. Steven Lund, R-Manti.
Union Pacific’s response
Nathan Anderson, senior director of public affairs for Union Pacific, urged lawmakers to not help the invoice, arguing it could set an not possible and unrealistic timeline for the railroad firm.
“We respect the sponsor’s effort on air high quality. We share these objectives,” Anderson mentioned. “Union Pacific helps new expertise growth that improves each air high quality and operational effectivity. And we’re happy with our local weather motion plan, working towards a cleaner future. We count on innovation, disruption and transformation as expertise develops to satisfy the wants of our business.”
Anderson mentioned Union Pacific intends to perform its objective to succeed in web zero emissions by 2050 “by means of quite a lot of actions, together with the usage of new locomotive applied sciences.” The corporate is presently working to scale back emissions by means of working efficiencies and elevated use of diesel and renewable diesel fuels, he mentioned, and people various fuels “will enable us to make important environmental features with our present fleet whereas evaluating promising however fledgling expertise.”
Anderson mentioned Union Pacific has launched a pilot program to check new battery electrical change locomotives, anticipating to take possession of 20 by the top of 2024, “at which level we will start testing in earnest.”
These change locomotives might be examined in Nebraska and California — not Utah — as a result of these areas have extra excessive temperatures, have heavier rail quantity and “hump yards,” or elevated areas inside the rail yard.
Anderson mentioned Union Pacific doesn't count on battery electrical expertise to be “adequate or out there at scale for operations” till after 2030. Within the meantime, it’s “essential” that Union Pacific’s fleet is ready to “preserve the nation’s provide chain fluid.” If the expertise proves to measure as much as their hopes, he mentioned Union Pacific is “open to partnering with Utah to convey a few of these items to the state as the brand new expertise turns into appropriate for broader deployment.”
“We welcome additional discussions to discover how we will work collectively to enhance air high quality and higher perceive the air high quality impacts of locomotives and the environmental advantages of rail,” Anderson mentioned.
‘Corporations must be held accountable’
Clear air advocates together with Ashley Miller, government director of Breathe Utah, spoke in help of the invoice, saying she’s been “frequently disenchanted” in Union Pacific’s switchers and their “lack of ability to return to a voluntary settlement or any settlement with the state to improve this gear.”
“These firms must be held accountable for the air pollution they create, particularly when there's expertise out there to scale back it so considerably,” she mentioned. “They should step up and do the proper factor for the folks of Utah.”
Rep. Doug Owens, D-Millcreek, agreed, noting Mendoza’s feedback that cell sources contribute to about 50% of Salt Lake County’s air pollution, and of that about 2% to three% is “instantly attributable” to freight switchers.
“That’s a really evident level supply that must be addressed,” Owens mentioned. “The necessity is apparent.”
On the Home flooring, Helpful thanked Schultz for sponsoring the invoice, saying his previous conversations with Union Pacific — and the information that Nebraska and California, not Utah, would get to check out the brand new expertise — have been “discouraging.”
“Let’s unite collectively and ship a message that we deserve that consideration within the nice state of Utah,” Helpful urged his fellow representatives earlier than the vote.
Schultz, in an interview with the Deseret Information, mentioned he hopes Union Pacific will interact in conversations over the invoice because it strikes ahead. He mentioned he’s open to negotiations.
“For 5 years, this has been talked about and talked about and talked about, and Union Pacific has put it off and punted and mentioned a whole lot of issues, however (we’ve) but to see any motion,” Schultz mentioned. “We’d like to see any incremental enchancment.”
Schulz added Union Pacific continues to not solely “not interact, however be obstructionist” by threatening to carry payments — and roadways — “hostage.”
“It’s irritating,” Schulz mentioned, “and I feel it simply reveals that every one they care about is their backside greenback and their income.”