D-Day for Sunrail: CSX-SunRail Deal Faces Showdown in Senate

[thelakelander]

The outcome will have a significant impact on Jacksonville's rail dreams.

Dockery counts votes, says the deal's not done; advocates are optimistic.

TALLAHASSEE | After years of negotiating a multi-billion dollar deal involving hundreds of lobbyists, consultants and politicians, the future of commuter rail in Central Florida may come down to a hastily written sentence sneaked into an unrelated bill just seven minutes before a Wednesday deadline.

Despite a last-minute push from Gov. Charlie Crist and others, supporters of the SunRail deal were struggling to win support for a show-down vote today - the last day the plan will likely be considered in the full Senate.

Asked whether lawmakers will even have a final vote on a deal that has dominated Tallahassee politics for two years, Sen. Lee Constantine, R-Altamonte Springs, said he was not sure.

"We'll see," said the plan's primary legislative backer. "I don't know."

The Florida Department of Transportation and CSX Corp. began negotiating the purchase of 61.5 miles of rail line between DeLand and Poinciana nearly four years ago when Jeb Bush was governor.

LAKELAND BATTLE

Since then, the city of Lakeland and lobbyists for the powerful trial lawyers in the state have battled the plan, then backed off.

The city's downtown businesses and residents have been concerned about increased freight traffic downtown; lawyers were angered by limits on legal damages.

Despite compromises to limit that opposition, most senators have been unwilling to support a plan that will cost the state hundreds of millions of dollars and leave taxpayers on the hook for accidents caused by CSX negligence.

Gov. Charlie Crist said Wednesday that "we're just about at 21" votes in the 40-member Senate for the final step in completing the purchase.

Crist said that he and Florida Department of Transportation Secretary Stephanie Kopelousos met with Sen. Frederica Wilson, D-Miami, Wednesday morning and were "very close" to obtaining the final votes to pass the plan.

But in the fog of battle on the fourth floor, Crist's near-proclamation of victory seemed less clear.

Sen. Paula Dockery, R-Lakeland, has led the battle against the plan. She said late Wednesday that at least 25 of the 40 senators were still opposed to the plan.

"I feel like the votes are exactly where they were at the beginning of the day," said Dockery, adding that bringing up the controversial issue would eat up valuable time in the last-minute crunch for hundreds of bills before Friday's deadline .

"If they don't have the votes, they're inviting several hours of debate."

Crist said the deal is getting a lot of his attention just two days before the end of this year's session.

"Calling them, meeting them in the office," he said of his pitch to lawmakers. "I'm encouraged by where we are. We need to hire people. This creates jobs. This creates transportation alternatives."

But in a sign of just how difficult it is to get Senate approval, supporters targeted South Florida Democrats for help Wednesday, pushing an add-on that would allow county commissions to approve a $2 per day car rental surcharge that would pay for local commuter rail projects.

South Florida lawmakers have long pushed for the car rental surcharge to pay for Tri-Rail's operations in Palm Beach, Broward and Miami-Dade counties.

But with Crist saying county voters need to weigh in on any such increase, Constantine amended the plan to require a voter referendum if a county commission approved the surcharge.

SOUTH FLORIDA VOTES

That move angered South Florida county officials who do not relish the idea of approving a tax increase that voters could deny.

The latest tweak on Wednesday, inserted into a separate bill awaiting a Senate vote, would allow county commissioners to override a referendum vote against the tax, making the citizen's vote little more than a suggestion rather than a full ratification.

Sen. Chris Smith, D-Fort Lauderdale, has made the car rental surcharge option a key to earning his vote.

But he said Wednesday that he was still undecided. So was Sen. Wilson, who said she talked with Crist on Wednesday about concerns that union workers would lose their jobs as the state purchased the line.

Asked whether Crist had won her support, Wilson said she was still undecided. "We had a conversation," she said.

http://www.theledger.com/article/20090429/NEWS/904295049/1134?Title=CSX-SunRail-Deal-Faces-Showdown-in-Senate

[FayeforCure]

The outcome will have a significant impact on Jacksonville's rail dreams.

I think that not saving tri-rail with the development of a dedicated funding source will have a significant impact on rail in Florida:

Tri-Rail may be forced to cut half its weekday routes, eliminate weekend service
April 2, 2009


By Risa Polansky
   Facing drastic funding cuts, Tri-Rail could be forced to nearly halve its weekday service and eliminate weekend trains.
   And without a dedicated stream of funding, the South Florida commuter rail system could only maintain that level of service for up to two years before facing further reductions, says Joseph Giulietti, executive director of the South Florida Regional Transportation Authority.
   With county governments preparing for deep budget cuts in the upcoming fiscal year, Palm Beach County plans to lower its Tri-Rail contribution from $4.1 million to less than $1.6 million, the minimum allowed, Mr. Giulietti said.
   And because a pact between the three counties and the state requires each county give equal support, Miami-Dade and Broward would each also drop to $1.6 million.
   Further compounding the issue, a smaller payout from the local governments would yield a smaller match from the state.
   The cuts would mean running about 30 trains every weekday instead of 50 and killing weekend service altogether, effective Oct. 5, Mr. Giulietti said.
   The transportation authority could keep that up for a maximum two years before potentially cutting more, he said, stressing the gravity of the situation.
   "There's no posturing. This is not a joke."
   The plan is to press Tallahassee lawmakers for a dedicated stream of funds for the transit system, which runs 72 miles from Palm Beach County through Miami-Dade and carried 4 million passengers last year, 22.9% more than in 2007.
   Supporters are seeking a legislator to sponsor an amendment that would tack $2 onto the state's rental car surcharge and mandate it be distributed where it's collected to counties within a regional transportation authority.
   A grassroots campaign, Fund or Fail, kicked off this week.
   At the same time, a potential Tri-Rail fare hike is on the table.
   The transportation authority board is to hold a hearing April 24 on the proposed 25% across-the-board increase. It would be the first hike since 1995.
   The funding cuts and fare raise would come amidst ongoing ridership growth.
   Counts toward the end of last month looked to be up about 8% over March 2008, which was a record-breaker at the time, Mr. Giulietti said.
   He noted that the impending county cuts to Tri-Rail would come amid strained county transit budgets and local service reductions.
   "This is not something the counties are just looking to impose on us," he said. "They've already made cuts to their transit systems."
   The counties helped Tri-Rail avoid a similar jam last year.
   Bracing for a tight budget, a Palm Beach County administrator pushed commissioners to slice the county's Tri-Rail contribution.
   The ripple effect to the other counties and the state match would have meant reduced weekday service and no weekend trains.
   But elected officials ignored the recommendation, agreeing instead to a 10% funding cut. The lighter hit allowed the authority to maintain existing service by making internal budget adjustments.
Details: www.tri-rail.com

http://www.miamitodaynews.com/news/090401/story2.shtml

[thelakelander]

I agree.  Hopefully, if Sunrail passes, the rental car tax will generate money for Tri-Rail for a few years at least.  With a "pro rail" administration in DC, that may buy them enough time to find additional dedicated funding sources.  If not for Smith working with Sunrail proponents, it appears our anti rail state was willing to let Tri-Rail die as well.

[Ocklawaha]

"D-Day for Sunrail?" Oh God I hope NOT! You nonmilitary types might want to reconsider that moniker, D-Day is "Disembarkation Day" Meaning the day we unload. YIKES!

I think you mean "H-Hour for Sunrail," (figuratively) The hour at which any major event planned for the future is set to begin, as used in United States military. Also used to define the time of an early assault such as the 101ST airborne at Normandy, which dropped in on the Nazi's two full hours ahead of the beach landings.

This free history lesson is brought to you by the resident Transit Monster and Old Hippie!

OCKLAWAHA

[thelakelander]

Thanks for the lesson but it may be "Disembarkation Day" for Sunrail.  Like you I hope not.

[FayeforCure]

I agree.  Hopefully, if Sunrail passes, the rental car tax will generate money for Tri-Rail for a few years at least.  With a "pro rail" administration in DC, that may buy them enough time to find additional dedicated funding sources.  If not for Smith working with Sunrail proponents, it appears our anti rail state was willing to let Tri-Rail die as well.

Passing sunrail has no positive effect on tri-rail:

Smith’s deal would allow Broward, Miami-Dade and Palm Beach counties to impose the fee with a super-majority vote of their county commissions. Voters in each county would have to ratify the fee in 2010.

Eggelletion accuses Smith, D-Fort Lauderdale, of not holding out for the best deal possible with legislative leaders. Smith was a swing vote in Central Florida's quest to get its own $1.2 billion commuter train service, called SunRail.

Eggelletion, the county’s go-to guy on Tri-Rail, said Smith should have demanded the $2 fee be allowed without a referendum. He said the chances of voters in each county supporting the fee is remote. And according to him, Tri-Rail can't survive without each county ponying up the money.

http://weblogs.sun-sentinel.com/news/politics/broward/blog/2009/04/eggelletion_blasts_chris_smith.html

[thelakelander]

Passing sunrail has no positive effect on tri-rail:

Assuming Eggelletion's opinion is right (voters won't vote for rental car tax in 2010), the Sunrail rental tax deal brokered by Smith should give Tri-Rail millions in the time leading up to the vote.  Even short term, assuming the vote fails in 2010, helps pay for at least a few more years of Tri-Rail service.  This is a positive effect than the alternative, which is doing nothing now and seeing service cut this year.  If Eggelleton's opinion is wrong and the 2010 vote passes, the problem has been permanently solved.  Again, that would be another positive outcome by Smith's move.

Smith responded that he believes he obtained the best deal possible in committee and that he continues to negotiate as the SunRail legislation moves ahead in the Senate.

He said even if Eggelletion’s concerns are correct about the prospects of voter approval, Broward could collect $18 million for Tri-Rail during the 18 months before a November 2010 referendum. The county is contributing $7 million a year out of general tax revenue to the train service so even 18 months of fee collections would help, Smith said.

“I guess Joe is second-guessing my judgment,” Smith said. “At the time with what I was faced with it, it seemed the best deal I could make.”

http://weblogs.sun-sentinel.com/news/politics/broward/blog/2009/04/eggelletion_blasts_chris_smith.html

[thelakelander]

D-Day may very well be an accurate description.  Not looking good for either Sunrail or TriRail.  Charlotte is probably slobbing at the mouth for a chance to get a little more federal money for their rail plans.

Commuter Rail Plan Suffers Major Defeat

ST. PETERSBURG TIMES


Published: Thursday, April 30, 2009 at 8:50 p.m.
Last Modified: Thursday, April 30, 2009 at 8:50 p.m.
TALLAHASSEE | Backers of the $1.2 billion purchase of CSX rail track in Central Florida for a commuter rail project suffered a major defeat Thursday in the Senate.

By a 23-17 vote, senators refused to allow a late-filed amendment to be taken up that was crafted to win over crucial votes of South Florida Democrats ­â€" by providing a new rental car tax for Tri-Rail in that region. Twelve of those no votes were Republicans, an ominous sign for a project being pushed by Gov. Charlie Crist and much of the Central Florida business community.

It doesn’t look good,” said former House Speaker John Thrasher, a member of the army of lobbyists pushing the project known as Sunrail. “I’d say it’s on life support at best.”

It was the last bill the Senate took up Thursday. A final vote was not taken, but it looks as though Sunrail’s leading opponent, Sen. Paula Dockery, R-Lakeland, is in a commanding position.

During discussion of the project itself, one Republican after another asked tough questions of the project’s champion, Sen. Lee Constantine, R-Altamonte Springs. Leading the charge in opposition were Sens. Mike Bennett, Charlie Dean, Jim King< Evelyn Lynn and Ronda Storms â€" all Republicans. They questioned the cost, levels of expected ridership, and the state’s legal liability if a CSX train struck a busload of school children in the rail corridor.

http://www.theledger.com/article/20090430/NEWS/904309923/1410?Title=Commuter-Rail-Plan-Suffers-Major-Defeat

[Ocklawaha]

Well one thing for sure, you can ALWAYS depend on Tallahassee to do the wrong thing in Transportation. The Republican Leadership would issue every citizen a Pogo Stick if they thought they could get away with calling it mass transit...

...and Mr. King? Are you REALLY from Jacksonville? if so, YOUR AN IDIOT! (Ock's favorite sound, a bridge burning).

OCKLAWAHA

[thelakelander]

Its time to start looking at how these events impact Jacksonville's plans.  Off the bat, this severly damages the chances of a rail link, via CSX "A" line between Downtown and Clay County.  This may also kill the CSX Springfield bypass and JaxPort intermodal yard, considering that project was supposed to be funded from the Sunrail deal.  Other than spending local money to establish a streetcar starter or working with the S-Line, federal help looks bleak.

SunRail bill is withdrawn -- and probably dead

Dan Tracy | Sentinel Staff Writer
7:33 PM EDT, April 30, 2009
TALLAHASSEE - TALLAHASSEE – The SunRail commuter train derailed on the Senate floor Thursday, likely ending Central Florida's five-year quest for the $1.2 billion project.

Despite lobbying that continued almost unabated throughout the day, an amendment that would have approved a $200 million insurance policy for SunRail was defeated by a 23-17 vote. A second amendment was pulled without a vote.

SunRail proponents could try to bring up the measure again today – the last day of the regular session – but its chances of success are low because it would take 27 votes.

"It'll take some maneuvering to get it done. I think the forces of evil have won," said Orlando Mayor Buddy Dyer.


He was among the dozens of supporters who tried in vain to corral the 21 votes necessary for SunRail to prevail.

But he lost two members of the Central Florida delegation – Sens. Gary Siplin, D-Orlando, and Evelyn Lynn, R-Ormond Beach.

And despite the support of Republican Gov. Charlie Crist and numerous Central Florida business leaders, 15 Republicans voted against the measure.

"We in Central Florida wanted to have a hearing. I believe we're seeing we're not going to get to a vote," said sponsor Sen. Lee Constantine, R-Altamonte Springs, as he withdrew another SunRail amendment and allowed the Senate to adjourn.

Sen. Paula Dockery, R-Lakeland, who led the charge against the train, said she was "gratified" by the vote, which occurred only after the session was extended by an hour by President Jeff Atwater, R-North Palm Beach.

But Dockery would not declare victory, saying, "We still have one day to go. There's always a few tricks in the book."

SunRail would have linked DeBary in Volusia County with downtown Orlando and Poinciana in Osceola County along a 61.5-mile route with 17 stops.

It was a favored project of former Gov. Jeb Bush, who helped broker the deal in 2004 between the state and CSX, the Jacksonville train company that owns the tracks SunRail would have run on. The only part that called for legislative approval was creation of a $200-million insurance policy that would have assigned liability between the commuter train and CSX in the event of an accident.

Dockery and several of her Senate supporters argued that the agreement was deeply flawed and would result in the state unfairly having to cover the vast majority of the costs if there was an accident.

She was joined by Sen. Mike Bennett, R-Bradenton, who charged that CSX was being paid too much money – more than $600 million – for its tracks and associated improvements to other parts of the system it operates.

"I like the project," Bennett said, "I just don't like the deal."

That position proved persuasive during a legislative session that was marked by major battles for money, including the highly unusual taking of $100 million from a trust fund maintained by the state Department of Transportation for other needs. DOT trust funds had been reserved solely for roads and other transit projects for decades.

The apparent death knell of the train, however, was SunRail's inability to win the support of a group of South Florida Democrats.

Constantine tried to curry their favor by offering them a $2-a-day surcharge on rental cars. The money it would generate, estimated at $50 million over an 18-month period, would help offset operating losses of the Tri-Rail commuter train that parallels Interstate 95 in West Palm, Broward and Miami-Dade counties.

The catch was the tax would have to be approved by a super-majority of the affected county commissions, followed by a voter referendum in 2010.

The South Florida delegation – at least, the Democratic members – did not want the referendum, or at the very least, have it delayed to 2014. A late-filed amendment offered that, but it was defeated by the 23-17 count.

At least four South Florida Democrats -- Chris Smith of Fort Lauderdale; Dan Gelber of Miami Beach; Nan Rich of Weston; and Fredrica Wilson of Miami – voted against the measure.

Gelber, a U.S. Senate candidate, said he wanted to support Tri-Rail, but could not because SunRail was too expensive. "I have a principled position against SunRail," he said.

Jeremy Ring, D-Margate, said he was surprised by the "no" voters -- and promised to talk with them about switching their votes.

"I hope it's not over," Ring said. "These are long nights. I'm going to continue tonight to try and convince my South Florida colleagues that we need the dedicated funding source for Tri-Rail."

Without the rental-car surcharge – which would raise an estimated $180 million over the next five years -- Tri-Rail could be forced to lay off 150 of its 300-member work force.

The loss could finish off SunRail, which died in the Senate last year without ever reaching the floor for a vote.

The CSX-state contract expires June 30. CSX spokesman Gary Sease would not say what his company intends to do. "We've got another day. We're just going to have to see what happens," he said.

Also in peril is as much as $307 million in federal funds that had been promised to SunRail by U.S. Reps. Corrine Brown, D-Jacksonville, and John Mica, R-Winter Park. They have said the money likely would go to other communities.

Mica, in fact, has predicted that SunRail's defeat will be held against Florida because nearly $27 million in federal money has been spent buying land for stations and equipment.

"That would be the most phenomenal loss of transportation money," Mica said in a previous interview with the Orlando Sentinel.

http://www.orlandosentinel.com/news/local/breakingnews/orl-sunrail-goes-down-043009,0,3858821.story

[thelakelander]

It will be interesting to see the fallout.  I wonder will the political fallout and paybacks hamper Florida's ability to compete for HSR dollars?

[FayeforCure]

lakelander, the amendment of the $2 rental car fee for tri-rail should not have required the referendum requirement.

The apparent death knell of the train, however, was SunRail's inability to win the support of a group of South Florida Democrats.

Constantine tried to curry their favor by offering them a $2-a-day surcharge on rental cars. The money it would generate, estimated at $50 million over an 18-month period, would help offset operating losses of the Tri-Rail commuter train that parallels Interstate 95 in West Palm, Broward and Miami-Dade counties.

The catch was the tax would have to be approved by a super-majority of the affected county commissions, followed by a voter referendum in 2010.

The South Florida delegation â€" at least, the Democratic members â€" did not want the referendum, or at the very least, have it delayed to 2014. A late-filed amendment offered that, but it was defeated by the 23-17 count.

At least four South Florida Democrats -- Chris Smith of Fort Lauderdale; Dan Gelber of Miami Beach; Nan Rich of Weston; and Fredrica Wilson of Miami â€" voted against the measure.

Gelber, a U.S. Senate candidate, said he wanted to support Tri-Rail, but could not because SunRail was too expensive. "I have a principled position against SunRail," he said.

http://www.orlandosentinel.com/news/local/breakingnews/orl-sunrail-goes-down-043009,0,3858821.story?track=rss

[thelakelander]

Doesn't matter now.  If a miracle doesn't happen tomorrow, Tri-Rail will most likely see serious service cuts. 

[thelakelander]

Some quotes from senate members who opposed the deal.

full article: http://www.theledger.com/article/20090430/NEWS/904305083/1410?Title=CSX-Rail-Deal-Out-of-Steam

"I like the idea of rail. I just don't like the idea of bad business deals for the state of Florida," said Sen. Mike Bennett, R-Bradenton, who suggested that for the cost of hundreds of millions of dollars to buy and operate the line would be enough to buy a car for each of the 3,500 expected riders in the first years.

I wonder if he added in the hundreds of millions that could come from transit oriented development, the extra job creation that brings or the savings from not having to widen a couple of extra roads in the long run?  I guess buying 3,500 cars could help Detroit, but it won't do anything good for those using I-4 everyday.

Most dramatically, Sen. Ronda Storms, R-Valrico, warned of a scenario where a CSX engineer who was impaired by drugs hits a school bus and kills or maims dozens of children.

"He hits the school bus and little bodies are everywhere," Storms said in a hushed Senate. "The state is responsible for that. The only thing that CSX would be responsible for is their train and their driver. Bus, little bodies, weeping moms and dads: The state is responsible."

What?  If a school bus gets hit by a slow moving freight train, at a gated crossing, the blame should fall on the bus driver.  If the gates malfunctioned, the blame should be placed on the owner and dispatcher......Sunrail.

Sen. Jim King, R-Jacksonville, voted against the bill despite sharing a hometown with CSX. The 24-year legislative veteran said the SunRail deal seemed unlikely to proceed.

"It may be in the corner smelling bad, but it's not dead," he said, adding that it was the "terribly wrong time" to ask lawmakers to accept a costly deal after cutting the state budget by $9 billion in the last three years.

Makes you wonder, when is the right time?  After we pave over Florida and left with no other alternative?

[Shwaz]

Most dramatically, Sen. Ronda Storms, R-Valrico, warned of a scenario where a CSX engineer who was impaired by drugs hits a school bus and kills or maims dozens of children.

"He hits the school bus and little bodies are everywhere," Storms said in a hushed Senate. "The state is responsible for that. The only thing that CSX would be responsible for is their train and their driver. Bus, little bodies, weeping moms and dads: The state is responsible."

This may be the most ridiculous opposition for rail in FL.