Daily Loaf

The Lakeland Ledger reports this morning that Lakeland GOP State Senator (and now gubernatorial candidate) Paula Dockery  is not backing down at all after Governor Charlie Crist and Senate President Jeff Atwater said they want  a special session to reconsider the SunRail commuter train deal with CSX.

As Dockery told CL two weeks ago, she has yet to see any new information that would allow her to drop her opposition with CSX, which for 2 years has said that it needs to be held harmless for any accidents in exchange for selling the rail lines for the commuter system.

As the Miami Herald reports, senate leaders are considering allowing local government to impose a new $2 rental car surcharge, which in South Florida, would help pay for their rail system, Tri-Rail.  In Central Florida, it would help pay for SunRail.   But the impetus of course is having the Legislaturer prove to the feds that Florida is serious about providing state funds so that federal funds would come from Washington for high-speed rail.  From the Herald:

Crist, Senate President Jeff Atwater and others say that such a tax could offer proof to the federal government that Florida is serious about transit, which might help the state qualify for up to $2.5 billion for a high-speed rail line. The line could ultimately connect SunRail, Tri-Rail and even a new transit line along the Florida East Coast rail corridor in the heart of South Florida’s urban areas.

A big local proponent of high-speed rail is the Tampa Bay Partnership, who also argue that there should be a special session soon.  Yesterday CL obtained an e-mail written by Sarah Hardy, a Legislative aide to Senator Dockery to Stuart Rogel with the Tampa Bay Partnership.  Hardy was writing in response to Rogel’s claim that the $2.5 billion in federal funding for high-speed rail was in jeopardy if there were NOT to be a special session.

From: DOCKERY.PAULA.WEB
To: ‘Stuart Rogel’
Sent: Tue, Nov 17, 2009 3:23 pm
Subject: RE: Call for Special Session on Florida’s Infrastructure Needs

Dear Mr. Rogel,   No legislative action is required to obtain the High Speed Rail funding.  The grant applications have been submitted by FDOT.  Florida’s HSR project is the most shovel-ready in the nation, thanks to past legislation (2001 and 2002, sponsored by then-Representative Paula Dockery) creating the Florida High Speed Rail Authority that provided for legislative findings, policy, purpose and intent regarding the development, design, financing, construction, and operation of the high speed rail system in the state.  Additionally, Florida has a $1 Billion in-kind contribution of the Interstate-4 right-of-way to facilitate its position for the grant money, something other states don’t have.   What specific legislation is necessary to further position Florida’s true High Speed Rail project for the FRA grant money? Tri-Rail funding?  SunRail/CSX liability transfer to the taxpayers?   Tying Florida’s HSR grant to funding for a proposed commuter rail system (which is not eligible for FRA grant money under the Federal Guidelines for the HSR grant applications – commuter rail projects are funded through the FTA and FDOT already applied for FTA grant money for SunRail) might actually hinder Florida’s chances to get the HSR grant rather than if FDOT had applied solely for the “true” HSR project, from Tampa to Orlando.   Although, if the legislature were to adequately fund Tri-Rail (Florida’s existing commuter rail system), that might show the FRA that Florida has gotten “its act together” regarding rail transportation projects.  However, for the past few years the legislature has consistently rejected legislation to provide Tri-Rail with a dedicated funding source for operations and maintenance.  And then during the 2009 legislative session, instead of a stand-alone bill, Tri-Rail’s dedicated funding source language was attached to the bill for the CSX liability transfer requirement for the SunRail rail corridor purchase, in effect, linking Tri-Rail’s existence to the fate of the proposed SunRail commuter rail system.   Those who support the growth of mass transportation projects should passionately demand that Tri-Rail no longer be “held hostage” to the passage of a very costly freight subsidy/land development project disguised as commuter rail (with a projected ridership of only 3,500 passengers), and for Florida to support its existing commuter rail system before committing billions of taxpayer dollars to another system.  They should  strongly insist to FDOT that they renegotiate the SunRail corridor purchase to be more in line with the very similar rail purchase in Massachusetts, which is $1.5 million per mile for 60 miles of track.  In fact, the national average cost per mile rail purchase is around $700,000.  The SunRail deal amounts to $10 million per mile for 61 miles of track.  Much has been said about Florida emulating the proposed liability agreement between CSX and Massachusetts, including FDOT’s Secretary’s comments to the Cabinet this morning.  Don’t you think that Florida’s taxpayers deserve the price per mile that Massachusetts is paying?   Grossly overpaying for a single proposed system jeopardizes the future of a comprehensive, integrated rail transit system throughout our state.  Especially when that proposed system was never voted on in a referendum by the local residents who will be required to assume the cost of its operations and maintenance from FDOT after seven years.   Transit-oriented development is meritorious in economic benefit, but not if it comes at a secretly and poorly negotiated “at any price” rail purchase cost to the taxpayers of Florida and the unwise transfer of liability for rail corridor accidents to the taxpayers of Florida (even if the accident is the result of CSX negligence).   At any rate, there is no reason any of this transportation legislation must go to a $100,000 per day special session, especially when Florida’s legislative leadership chose not to provide $30,000 to help fund Tri-Rail this year after the request by letter of many Senators immediately following the 2009 legislative session.  After all, if Tri-Rail is further denied its operating funding, it will be forced to cut routes, which will reduce ridership.  If its ridership falls below a certain level, the State of Florida will be obligated to repay $256 million in funding grants to the Federal Government.  This may be what put our chances for High Speed Rail at risk.   If the reason for the special session is to specifically fund Tri-Rail, that is something that could be accomplished at no additional cost to the taxpayers during the regular legislative session.  If the special session is to hastily rush through the liability legislation for SunRail, then don’t you think such an important and financially significant impact to all the taxpayers of Florida should be fully vetted through the committee process during the regular legislative session — especially for the benefit of newly elected legislators who have not yet heard all the details through the legislative process?   Voters are increasingly expressing their disaffection by the rush to passage of legislation by Congress without the opportunity to thoroughly examine those bills that will significantly affect them financially.  Shouldn’t Florida set higher example on behalf of its voters and taxpayers and demonstrate fiscally conservative stewardship of their tax money?   Best Regards,   Sarah Hardy, Legislative Assistant for Senator Paula Dockery, District 15 101 W. Main Street, Suite 110 Lakeland, FL 33815 Ph: 863.413.2900 Fx: 863-413-2902

With so many powerful people wanting high speed rail to come to Florida (including Senator Dockery), there’s no question that her hardline stance on CSX will come under increasing scrutiny and possible second guessing in the weeks to come.

But for Dockery, her stance on CSX is what has led people to come out in support of her – there is no way she will back down.  Her odds at beating Bill McCollum are very tough – this could make them tougher.

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