(The following editorial appeared on the Miami Herald website on November 25, 2009.)
MIAMI — Finally, some forward movement on securing the future of Tri-Rail and establishing SunRail, a commuter service in Orlando. Accomplishing these would keep Florida in the running for $2.5 billion in federal stimulus money for a Tampa-Orlando-Miami bullet train route.
Federal transportation officials have made it clear that Florida won’t get a share of the $8 billion, which dozens of states are vying for, to build its bullet train unless the state first shows a commitment to mass transit. Specifically, finding a permanent funding source for Tri-Rail and giving SunRail the go ahead. Time’s running short, because the federal money will be awarded early next year, well before the state Legislature meets in March.
Lawmakers seem serious
That leaves just one possibility: a special session in December. Gov. Charlie Crist on Monday said he wanted to call the session. He should do so, now.
The other encouraging sign is that legislative leaders appear to be serious about solving Tri-Rail’s chronic deficit and contributing to SunRail’s start-up. They may even have found a funding source that’s more palatable to some lawmakers than a proposed $2 surcharge on rental cars in the counties the train serves.
Lawmakers are eyeing surplus money in the state’s transportation budget — about $376 million projected over a decade — from fuel taxes. Using transportation-related revenue to fund the commuter train between Palm Beach and Miami-Dade counties appears to have more support in the House than the $2 surcharge.
One way or another, however, the Legislature has to find that permanent revenue source — be it the rental surcharge or surplus fuel taxes. Tri-Rail is a success, having seen its ridership soar after a completed double-tracking project increased the number of trains during peak hours to one every 20 minutes.
Federal good-faith funds
What’s more, if the state doesn’t fund Tri-Rail, it will have to repay the federal government $256 million it spent for the double-tracking project. That was good-faith money the feds put up because the state promised to keep investing in Tri-Rail.
The Sunrail project has a few more wrinkles. Lawmakers are concerned about its estimated cost — up to $1.2 billion — and an unwarranted indemnity agreement with CSX, which owns the tracks. The agreement would stiff Florida taxpayers for costs connected to CSX employees’ negligence.
State transportation officials said recently that CSX may renegotiate the liability agreement, as well it should. For while SunRail’s cost is a challenge, the real obstacle to passage has been the liability deal.
The Legislature should make it clear to the state Department of Transportation and CSX that the agreement must be renegotiated to take Floridians off the hook.
This can get done. It only takes a genuine commitment from Florida’s leaders to act quickly.