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FDOT,  CSX  and  the Central Florida Commuter Rail Project
 

FDOT, CSX and the Central Florida Commuter Rail Project

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FDOT, CSX and the

FDOT, CSX and the
Central Florida Commuter Rail
Project

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    FDOT,  CSX  and  the Central Florida Commuter Rail Project FDOT, CSX and the Central Florida Commuter Rail Project Presentation Transcript

    • FDOT, CSX and the Central Florida Commuter Rail Project The Impact on Florida’s Taxpayers
    • The Freight and Passenger Rail Lines, “A” and “S”
      • CSX Existing Lines and Proposed Corridor
      Map from HDR
    • Proposed Central Florida Commuter Rail 61.5 Miles on the “A” Line Map from HDR S A
    • “A” and “S” Lines Overlap from Plant City to Auburndale Map from HDR S A
    • Non-Recurring Expenses – State $ 150 M - 198 M - 52 M - 209 M - 23 M - 9M - *400 M - Payment for 61.5 miles of “A” line Freight capacity improvements on “S” line 5 overpasses (up from 59 million) on “S” line Other freight capacity improvements Taxpayer help to CSX for their new ILC Taxpayer help to CSX for access road to their new ILC Possible Double Track $ $ $ $ $ $ $ C&F F F F ILC/F ILC/F C&F C&F = Commuter and Freight F = Freight ILC = Intermodal Logistics Center
    • Non-Recurring Expenses
      • Fed $:
      • Local $:
      300 Million 150 Million Possible Match to State $150 Million NOT in 2008 Budget Match to Federal $300 Million or State $150 Million $1,491,000,000 Taxpayer Dollars
    • Annual Recurring Expenses
      • Operating
      • Maintenance
      • Signal
      • Liability
      • Retention
      ? ? ? $3-5 Million $5 Million No-Bid Contract Deductible
    • Recent Events: Federal Legislation
      • H.R. 2095: Railroad Safety Enhancement Act of 2008
        • Passed by Congress, Signed by President
        • Oct 16, 2008: Became Public Law No: 110-432
        • Includes Amtrak Re-Authorization
          • Allows Amtrak to make long-range plans and take advantage of the nation’s growing appetite for passenger rail
    • Amtrak Re-Authorization
      • Operating Grants : Authorized $2.95 billion (an average of $589.8 million per year) for operating grants
      • State Passenger Corridors : In an effort to encourage the development of new and improved intercity passenger rail services, the bill creates a new state capital grant program for intercity passenger rail projects .
      • Provides $1.9 billion ($380 million per year) for grants to states to pay for the capital costs of facilities and equipment necessary to provide new or improved intercity passenger rail
    • Also in HR 2095 …
      • Extension of Pay Back Term for FRA RRIF Loans
        • In 2005 Congress expanded Federal Railroad Administration's RRIF loan program from $3.5 billion to $35 billion but the pay back term remained at 25 years at the same interest rate as Government borrowing
        • To make the program even more attractive to public and private borrowers for qualified rail projects Congress extended the payback period from 25 to 35 years in HR2095
    • It’s the Economy, Stupid!
      • Re-Negotiate the 61.5 Miles – Would you pay 2005 Prices in Today’s Market?
      • Taxable Value of the 61.5 Miles = $22 Million
      • CSX in Litigation with FDOR over the $22 Million Taxable Value – THEY SAY IT IS TOO MUCH!
    • Liability for CSX © Ric Leonard
    • Liability Language From the Contract Between FDOT and CSX
      • Contract Had No Legislative Oversight
    • (c) Assume by contract to forever protect, defend, indemnify, and hold harmless a railroad company (or its successors) from whom the department has acquired a rail corridor, and its officers, agents, and employees, from and against any liability, cost, or expense contractually assumed by the department or contractually apportioned to it, regardless of whether the loss, damage, destruction, injury, or death giving rise to any such liability, cost, or expense is caused in whole or in part and to whatever nature or degree by the fault, failure, negligence, misconduct, nonfeasance, or misfeasance of such railroad company (or its successors) or its or their officers, agents, and employees, or any other person or persons whomsoever. Liability Language From the Contract Between FDOT and CSX
    • Senator Dockery’s Amendment Language
    • (a) Contract with the freight rail operator or its successors from whom the department has acquired a real property interest in the rail corridor to establish that each party is solely responsible for any liability, cost, or expense it causes, including but not limited to, commuter rail passengers, rail corridor invitees, or trespassers in the rail corridor.
    • (a) Assume the obligation by contract to forever protect, defend, and indemnify and hold harmless the freight rail operator, or its successors, from whom the department has acquired a real property interest in the rail corridor, and that freight rail operator's officers, agents, and employees, from and against any liability, cost, and expense including, but not limited to, commuter rail passengers, rail corridor invitees, and trespassers in the rail corridor, regardless of whether the loss, damage, destruction, injury, or death giving rise to any such liability, cost, or expense is caused in whole or in part and to whatever nature or degree by the fault, failure, negligence, misconduct, nonfeasance, or misfeasance of such freight rail operator, its successors, or its officers, agents, and employees, or any other person or persons whomsoever, … FDOT PROPOSED AMENDED LIABILITY LANGUAGE (Lines 2658 – 2817):
    • FDOT PROPOSED AMENDED LIABILITY LANGUAGE (Lines 2658 – 2817):
    • Liability Language for TriRail from 2002
      • TriRail has existed in South Florida since 1986
      • This language was added in 2002 and does not match what CSX/FDOT were attempting in the 2008 Session
    • (d) For the purposes of this section, operators, dispatchers, and providers of security for rail services and rail facility maintenance providers in the South Florida Rail Corridor, or any of their employees or agents, performing such services under contract with and on behalf of the Tri-County Commuter Rail Authority or the Department of Transportation shall be considered agents of the state while acting within the scope of and pursuant to guidelines established in said contract or by rule. Liability Language for TriRail from 2002
    • !! Projected Ridership 4,500 Passengers Per Day