1     
CONCURRENT RESOLUTION REGARDING IMPROVING AIR

2     
QUALITY THROUGH ENHANCED ZERO EMISSION RAIL

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Melissa G. Ballard

6     
Senate Sponsor: David P. Hinkins

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8     LONG TITLE
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          ▸     provides that a hydrogen fuel cell-electric system is an example of a zero emission
23     engine technology;
24          ▸     addresses funding and innovative procurement solutions;
25          ▸     encourages the phased replacement of existing locomotives used in railroad and
26     industrial plant switching services in nonattainment areas in the state with zero
27     emission locomotives; and

28          ▸     encourages the transition of rail transportation in general to zero emission
29     locomotives.
30     Special Clauses:
31          None
32     

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

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

90     freight locomotives operating in and through the state;
91          WHEREAS, infrastructure for hydrogen is continuing to expand in the state;
92          WHEREAS, funding support and innovative procurement solutions made available
93     through the Utah Department of Transportation and the Utah Inland Port Authority can assist
94     private sector operators of short line and industrial plant locomotives with transitioning to zero
95     emission technologies, including for freight rail, that can materially increase the state's air
96     quality; and
97          WHEREAS, substantial federal funding is expected to be available to support this
98     transition, and the Utah Department of Transportation and the Utah Inland Port Authority
99     should maximize their efforts to secure the federal funding to facilitate deployment of zero
100     emission technologies, including freight rail, that can materially increase the state's air quality:
101          THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
102     Governor concurring therein, encourages the introduction of new zero emission locomotives
103     operated by short lines and industrial plant railroads in nonattainment areas, a continued shift
104     of freight transportation growth to rail to help meet the state's air quality goals, phasing out
105     legacy locomotive engines in short line and industrial plant rail service in nonattainment areas
106     in the state, and phasing in the use of zero emission engines, including hydrogen fuel
107     cell-electric systems as follows:
108               •     at least one demonstration project of a short line or industrial plant
109     locomotive using a zero emission engine by 2025;
110               •     25% of short line and industrial plant locomotives use a zero emission
111     engine by 2030;
112               •     40% of short line and industrial plant locomotives use a zero emission
113     engine by 2035;
114               •     80% of short line and industrial plant locomotives use a zero emission
115     engine by 2040; and
116               •     100% of short line and industrial plant locomotives use a zero emission
117     engine by 2050.
118          BE IT FURTHER RESOLVED that the Legislature and the Governor encourage, in
119     addition to short line and industrial plant locomotives, all rail transition to zero emission
120     technologies, including commuter rail, passenger rail, and long haul freight rail.