PHOENIX — A controversial rail yard set for construction near Picacho Peak is likely to face another layer of public scrutiny under a bill given final legislative approval Tuesday.
Despite criticism from Tucson Democratic Reps. Steve Farley and Tom Prezelski, the measure found strong bipartisan support in both the House and the Senate.
Sponsored by Rep. Jonathan Paton, a Tucson Republican, the bill allows the Arizona Corporation Commission to review rail projects and hold public hearings if they involve the use of eminent domain or public auction.
But acknowledging the reality that railroads are controlled federally, the bill stops short of granting the state the power to stop projects.
Two recent projects in Southern Arizona spurred the legislation. Union Pacific Railroad wants to build a large rail yard two miles south of Picacho Peak. In Yuma, the railroad sought to build a line through a heavy farming area but has now backed off that proposal.
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Bucking a consensus of support between environmentalists and property- and states-rights advocates, Farley strongly opposed the bill, fearing it could damage relations with the railroad. Farley said he wants a commuter rail line between Tucson and Phoenix and said making that happen requires supporting railroad projects.
"If you're going into negotiations with somebody, you don't go in by spitting in their eye," he said.
But Paton suggested that Farley was against public discussion, fearing that if there were hearings about commuter rail the plans might fall apart.
Paton pointed to a phrase coined in the 1800s, saying: "They don't call it being railroaded for nothing."
Prezelski and Farley said they think that although the bill does not really add public input, it will be declared unconstitutional because it creates an additional process on a federal issue.
Paton said the constitutional issues have been worked out and questioned why, if the bill doesn't do anything, it was so strongly opposed.
"Apparently, it was important to the railroad, because they did everything they could to kill this bill," he said.
Paton expects to the Corporation Commission to hold hearings once the bill becomes law, which, if signed by the governor, would be 90 days after the end of the legislative session.
"Apparently, this bill was important to the railroad because they did everything they could to kill it."
Tucson Rep. Jonathan Paton,
commenting on the strong opposition to his bill, which stops short of granting Arizona the power to stop rail projects
