I think that it might be ironic that the light rail, which is supposed to cut air pollution in the Salt Lake Valley, might be the cause of greater air pollution.

The light-rail system, as now planned, is to make 14 street level crossings. The crossing arms will be down from 30 to 40 seconds every 5 minutes. In figuring this out, traffic will be stopped from 10 to 13 percent of the time. UTA people tell me that this is less time than a traffic light, which is true, but what a traffic light does, it allows automobile traffic through in the other direction. I am told that an idling automobile engine causes more air pollution than a vehicle traveling at 30 mph.Let me pose a hypothetical question. What would happen if the EPA imposed greater air quality restrictions on the Salt Lake Valley because of higher air pollution, and it was found that the air monitored around the light-rail crossings showed an increased in air pollution. Already many of the buses that ply our streets give off large quantities of black smoke. If we add to this, the pollution of hundreds to thousands of automobiles sitting and idling their gas away for a half-full light-rail train to pass, it does seem to me ironic. What can be done?

Nothing, as long as long as in our Utah Code, Title 1 7A-2-101 6 the law that authorizes transit districts, has in it a section that makes it almost impossible to hold transit districts responsible for almost anything. It states in this law starting with Subsection 4 as amended in 1994; "It is presumed that the use of the streets, roads, highways, and other public places by the district for the purpose permitted in this section constitutes no greater burden on adjoining properties than the uses existing on July 9, 1969."

This part of the law should be declared unconstitutional or at least should be repealed by the legislature. With this in the law the UTA then becomes "above the law" and cannot be sued for damages, even if it could be proved that UTA has caused increased air pollution or a burden on business properties or a burden on a city. UTA could and should be held responsible.

In the case of the cities, UTA has taken many prime commercial properties and proposes to turn them into park-and-ride lots. This takes many tax-producing properties off the tax rolls with no income potential for the cities. Who ends up paying in the long run? The taxpayer.

Norman E. Nielsen

Murray

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