(The following story by Jim Saunders and Bob Koslow appeared on the News-Journal website on April 18.)
TALLAHASSEE, Fla. — When then-Gov. Jeb Bush and other politicians boarded a train car in Orlando in 2006, they celebrated plans to bring a commuter-rail system to Central Florida.
But nearly two years after Bush touted commuter rail as a way to improve the “quality of life” in the increasingly congested middle of the state, a fierce legislative battle could jeopardize the plans.
Lawmakers are debating a controversial proposal that would give legal protections to CSX Transportation and railroad contractors if accidents injure or kill commuter-rail passengers.
At the same time, some critics are questioning the state’s plan to spend tax dollars to help upgrade CSX freight-rail lines in other parts of Florida. That money was negotiated as part of a CSX agreement to sell tracks to the state for the commuter service.
If lawmakers do not approve the proposal this spring, state, local and CSX officials say it could scuttle the 61-mile commuter-rail system that ultimately is expected to run from DeLand through Orlando to Osceola County.
“It kills it. There are no other options,” said Volusia County Councilwoman Pat Northey, who represents Southwest Volusia, including Deltona and DeBary. “If we do not do it this time, it wouldn’t get done.”
But Sen. Paula Dockery, a Lakeland Republican who is a leading opponent of the legislative proposal, criticized the legal protections and the idea of using state money for CSX improvements.
“It’s just a really bad deal for the citizens of the state of Florida statewide,” said Dockery, who became heavily involved because the plans would lead to increased freight traffic in Lakeland.
A bill that includes the legal protections has started moving through the House. But Senate committees have not taken it up and Senate Majority Leader Daniel Webster said this week he doesn’t know what will happen.
“I would suspect that it is a difficult issue to pass right now,” said Webster, a Winter Garden Republican who is a powerful supporter of the rail plans.
Bush’s August 2006 announcement of a $491 million agreement between the state and CSX came after years of debate about adding commuter rail in Central Florida. With congestion steadily worsening on Interstate 4, supporters say a rail system would help the region grow and would be cheaper than adding and expanding roads.
Under the plan, the state would pay $150 million to CSX to buy the 61 miles of tracks, which are now used for freight trains. But the plan also calls for projects such as spending $198 million to help improve a CSX freight line that runs from Jacksonville to Polk County.
The overall $491 million total has increased because the cost of improving five roadway grade crossings has increased from $59 million to an estimated $200 million. But Department of Transportation officials say those projects would have been done, regardless of the agreement with CSX.
State, federal and local governments would split the cost of the commuter-rail system. The state is seeking $300 million in federal money to cover part of $631 million in construction costs that are not included in the CSX agreement.
Volusia County taxpayers could chip in as much as $143 million over 30 years for the project.
WHO PAYS FOR ACCIDENTS?
The key part of the legislative debate centers on legal liability if accidents occur on the commuter-rail lines. Lawmakers need to approve agreements dealing with such liability.
The House proposal calls for the state to buy a $200 million insurance policy to cover damages from train accidents.
But part of the controversy stems from what supporters call a “no-fault” approach that limits CSX’s liability if its freight trains are involved in accidents with commuter trains. Though CSX would sell the tracks to the state, it would continue running a reduced number of freight trains on the route.
CSX would be responsible for covering damages to its trains and employees if an accident happens. But the state, armed with the insurance policy, would cover claims for injuries to commuter-rail passengers, regardless of what caused the crash.
Another part of the plan would provide legal protections to contractors the state hires to help operate and maintain the commuter-rail system. The contractors would be covered under so-called “sovereign immunity,” which limits the amounts of money government agencies can be forced to pay in lawsuits.
CSX spokesman Gary Sease called the company’s liability provision a “critical element” of the agreement with the state. State and CSX officials also say the proposal largely mirrors legal protections that have been used in the Tri-Rail commuter system in South Florida.
Volusia County Chairman Frank Bruno said local officials knew about the liability issues before approving the commuter-rail plans last year.
House Infrastructure Committee Chairman Rich Glorioso, R-Plant City, said the state would help shield CSX from liability because it is putting passengers on what has always been a freight line.
“They don’t have to sell us the freight line,” Glorioso said during a committee debate last month. “We’re the ones asking for it.”
But opponents, including the state’s politically powerful trial lawyers, are fighting the efforts to shield CSX and rail contractors from liability.
James Holland, a Jacksonville attorney who represents victims of train crashes, said safety could suffer if companies receive the liability protections. He said “safety follows accountability.”
“We’re being held hostage over a liability provision by a for-profit company, saying, ‘If we don’t get it, you don’t get your corridor,’ ” Holland told Glorioso’s committee.
MONEY QUESTIONS REMAIN
While the House bill deals with the liability issue, some lawmakers also have started questioning the agreement to help fund CSX improvements in other parts of the state.
For example, a group of senators last week tried unsuccessfully to shift money from the CSX package to offset budget cuts in the state’s courts system and health and education programs.
But Alexis Yarbrough, general counsel for the state Department of Transportation, said the 61 miles of commuter-rail tracks have been appraised at $420 million.
CSX would sell the property for $150 million and receive money for the other improvements. Sease said CSX also needs to upgrade a line running down the middle of the state because it would shift freight trains from the tracks that will be used for commuter rail.
Even if lawmakers approve the liability proposals before the legislative session ends May 2, the commuter-rail project still must receive the federal money before it can go forward.
The 2008-09 federal budget proposal does not identify start-up money for the commuter-rail project. But U.S. Rep. John Mica, R-Fla., expressed confidence the project will get money.
“It’s not a big issue,” said Mica, a key backer of the project whose district includes part of Volusia County.