This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 16, 2022 at 9:14 AM by lpoole.
Representative Melissa G. Ballard proposes the following substitute bill:





Chief Sponsor: Melissa G. Ballard

Senate Sponsor: David P. Hinkins


9     General Description:
10          This concurrent resolution addresses improving air quality through encouraging rail
11     development and zero emission technology deployment.
12     Highlighted Provisions:
13          This resolution:
14          ▸     addresses air quality and its impacts in the state;
15          ▸     describes solutions to reduce air pollution;
16          ▸     describes the rail transportation impact on air quality;
17          ▸     acknowledges the role of certain governmental agencies in the shift of freight traffic
18     to rail;
19          ▸     highlights that technology solutions, including information and communications
20     technology and zero emission locomotives, can further reduce rail emission
21     impacts;
22          ▸     addresses funding and innovative procurement solutions;
23          ▸     encourages the phased replacement of existing locomotives used in railroad and
24     industrial plant switching services in nonattainment areas in the state with zero
25     emission locomotives; and

26          ▸     encourages the transition of rail transportation in general to zero emission
27     locomotives.
28     Special Clauses:
29          None

31     Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
32          WHEREAS, Utah continuously demonstrates the state's commitment to and interest in
33     the state's air quality;
34          WHEREAS, good air quality is a vital component of the economy and human health in
35     Utah and research conducted by Utah universities shows the harmful impacts of air pollution
36     on human health, with the greatest negative impact on the health of children, the elderly, and
37     those with compromised immune systems;
38          WHEREAS, for example, exposure to direct small particulate matter exacerbates
39     asthma, increases the risk of cancer, and leads to acute respiratory symptoms, bronchitis,
40     chronic obstructive pulmonary disease, heart attacks, nervous system effects, lost work days,
41     and premature death;
42          WHEREAS, there is now a broad range of technologically and economically viable
43     solutions to significantly reduce air pollution and ensure that future economic and population
44     growth does not compromise air quality;
45          WHEREAS, embracing zero emission technologies will help grow our state's robust
46     clean technology sector;
47          WHEREAS, as of 2017, railroad transportation contributed 9.2% of NOx and 1.4% of
48     the PM2.5 along the Wasatch Front;
49          WHEREAS, Ŝ→ [
while comparable data is not available for the trucking sector or all freight
50     railroad operations in the state,
] ←Ŝ
as of 2017 the Division of Air Quality found that locomotives
51     used for short line, industrial plant, and switch engine operations contributed 3.4% of NOx and
52     0.16% of PM2.5 of the total Wasatch Front inventory of emissions, equivalent to
53     approximately 1,828 tons of NOx and 19 tons of PM2.5;
54          WHEREAS, in addition to significant numbers of heavy haul freight locomotives
55     operating in and through the state, as of 2017 there were approximately 63 short line
56     locomotives, industrial plant locomotives, or switch engines operating in Utah;

57          WHEREAS, the majority of the short line locomotives, industrial plant locomotives,
58     and switch engines operating in Utah are legacy platforms certified to the United States
59     Environmental Protection Agency as meeting Tier 0 or Tier 0+ emission standards, and almost
60     all emissions from these locomotives occur within two of Utah's PM2.5 nonattainment areas
61     based on the United States National Ambient Air Quality Standards;
62          WHEREAS, under the federal Clean Air Act, an area where air pollution levels
63     persistently exceed a National Ambient Air Quality Standard may be designated as a
64     "nonattainment" area by the United States Environmental Protection Agency;
65          WHEREAS, designation as a nonattainment area requires the development of a State
66     Implementation Plan with increasing mandatory requirements if the area does not return to
67     attainment within prescribed timelines, and may result in the imposition of a Federal
68     Implementation Plan and sanctions that could impact the availability and use of federal
69     highway funds;
70          WHEREAS, the Utah Department of Transportation, other agencies of the state, and the
71     Utah Inland Port Authority, a political subdivision of the state, can play a vital role in
72     accelerating the modal shift of freight traffic to rail, helping to meet health and air quality
73     goals;
74          WHEREAS, the Utah Inland Port Authority anticipates assisting in the reduction of
75     trucks from the road and the modal shift to rail, while using the regulatory sandbox to test new
76     freight movement and cargo handling equipment at the inland port to increase use of zero
77     emission vehicles;
78          WHEREAS, to complement accelerating this modal shift to rail, a broad spectrum of
79     technologies, including information and communications technologies that enable more
80     efficient rail operation reducing fuel use and emissions, and entirely new locomotive power
81     technologies such as hydrogen fuel cell-electric and battery-electric, must be encouraged and
82     supported to further decrease total freight section emissions, including freight rail emissions;
83          WHEREAS, funding support and innovative procurement solutions made available
84     through the Utah Department of Transportation and the Utah Inland Port Authority can assist
85     private sector operators of short line locomotives, industrial plant locomotives, and switch
86     engines with transitioning to zero emission technologies, including for freight rail, that can
87     materially increase the state's air quality; and

88          WHEREAS, substantial federal funding is expected to be available to support this
89     transition, and the Utah Department of Transportation and the Utah Inland Port Authority
90     should maximize their efforts to secure the federal funding to facilitate deployment of zero
91     emission technologies, including freight rail, that can materially increase the state's air quality:
92          THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
93     Governor concurring therein, encourages the introduction of new zero emission locomotives
94     operated by short line locomotives, industrial plant locomotives, and switch engines in
95     nonattainment areas, a continued shift of freight transportation growth to rail to help meet the
96     state's air quality goals, phasing out legacy locomotive engines in short line, industrial plant,
97     and switch engine rail service in nonattainment areas in the state, and phasing in the use of zero
98     emission engines to 100% use by short line locomotives, industrial plant locomotives, and
99     switch engines by 2050.
100          BE IT FURTHER RESOLVED that the Legislature and the Governor encourage, in
101     addition to short line locomotives, industrial plant locomotives, and switch engines all rail
102     transition to zero emission technologies, including commuter rail, passenger rail, and long haul
103     freight rail.