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Hernando Today

Dockery Stays On Track Against CSX Deal

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By TONY MARRERO

Hernando Today

Published: March 26, 2009

Updated: 03/26/2009 05:55 pm

BROOKSVILLE - Sen. Paula Dockery admits she is more than a little annoyed.
During one of the state's worst budget years in recent memory, she is once again compelled to fight a $641 million deal to buy 61 miles of track from CSX for a commuter rail system.
But the Lakeland Republican, whose district includes the eastern half of Hernando County and who led the effort to kill the same deal last year, says she can't walk away even though the effort is sucking up much of her time this session.
"When you explain (the deal) to the average voter, they're up in arms," Dockery said.
The state would buy 61 miles of track from Deland in Volusia County south to Poinciana in Osceola County. The pact would guarantee the tracks could be used 12 hours a day for commuter rail. CSX would lease the tracks to run freight trains at other hours.
The bill has been resurrected by Rep. Lee Constantine, an Altamonte Springs Republican. Dockery is trying to get both sides to renegotiate to give taxpayers what she says would be a fair deal.
Constantine and other proponents say the sale is critical to get the state's commuter rail system rolling and to relieve pressure on clogged Interstate 4.
Dockery maintains the plan would harm her local constituents by rerouting freight train traffic through Lakeland. More important, she says, the pact in its current form is a boondoggle for taxpayers because the state would pay too much for the track and because CSX would have limited liability if, say, a freight train crashes into a commuter train regardless of fault.
CSX would pay for damage and injury connected to its train, but the state would foot the bill for damages to the commuter train or injuries to commuters. The state's liability for such damages or injuries would be capped at $200 million.
Even more stunning, Dockery says, is that the state would be on the hook for freight train mishaps caused by engineer error even if no commuter train is involved. And the rail company would also be immune from any punitive damages awarded by a court.
The state will have to pay $641 billion to buy the track without help from the federal government, and then would have to fork over another $615 million to build the commuter rail system. Add debt service from bonds and maintenance and other costs, the system could cost $2.66 billion over 30 years to carry an estimated 3,500 riders.
A better deal would be to pay about $100 million for the tracks and require CSX to be held liable for any mishaps deemed the company's fault, said Dockery, who calls herself a supporter of alternative transportation.
"I don't want to be branded as trying to kill commuter rail, I want to be branded as trying to kill the transfer of liability onto the backs of taxpayers," she said.
Constantine did not return a call seeking comment Thursday, but told The Tampa Tribune earlier this month the liability agreement is the same as is used in other public-private partnerships involving rail lines and that the project would help stimulate the economy.
Dockery admits she's outmatched, with just one lobbyist working against the deal while the Department of Transportation and a gaggle of lobbyists try to push it through.
However, "We're winning," Dockery said. The bill is making its way through committee, but Dockery says she is confident it will be shot down if it reaches the Senate floor.

Education Is 'Top Priority'

There has been much talk about holding education harmless, but Dockery says she's worried about whether that will actually happen.
Hernando County's school board just cut some 200 teacher and support staff positions to help meet a $16 million shortfall in next year's budget.
Dockery says she will fight to have education "fully funded," to make it the foundation of a zero-based budget along with public safety and health care services. Then start cutting from there, she said.
"When we say education is a priority, we should mean it," she said. "If good projects have to go or be delayed, then they have to go."
Dockery said she would even support moving money from transportation trust funds, at least on a temporary basis, to help the state through this budget crisis without harming education. She admits that's a practice typically frowned upon. But, she said: "Roads are not more important than education."
She favors that approach over a proposed one-cent sales tax increase to education, but said she would support the penny tax if the situation becomes dire enough. She also didn't rule out voting against the budget if she feels education is getting short shrift.
"I hope it doesn't come to that," she said.

Reporter Tony Marrero can be reached at 352-544-5286 or lmarrero@hernandotoday.com.

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