Florida News Straight From the Source
Citizens Against Rail Expansion in Florida (CARE FL) today announced that the CARE FL Candidate Report Card 2018 survey is being sent to candidates seeking public office for the following seats: U.S. Senate, Congressional Districts 8, 18 and 20, Governor, the Florida Legislature, and county and select city commissions in the Treasure Coast region– some 76 in total. [Read more…] about CARE FL to Survey Federal, State and Local Candidates to Assess Position on All Aboard Florida/Brightline
Members of the House Oversight and Government Reform Subcommittee on Government Operations today grilled the U.S. Department of Transportation’s Deputy Assistant Secretary for Transportation Policy Grover Burthey and Patrick Goddard, President and COO of All Aboard Florida, regarding the use of Private Activity Bonds (PABs) for the All Aboard Florida project. The hearing, chaired by Congressman Mark Meadows (R-North Carolina), was attended by Congressman Brian Mast (R-Palm City) and Congressman Bill Posey (R-Rockledge).
Testimony was also heard from Dylan Reingold, Indian River County Attorney, Bob Crandall, CARE FL Steering Committee Member and former Chairman and CEO of American Airlines and Dan Wouters, Division Chief Martin County Fire Rescue. The Treasure Coast witnesses addressed a number of concerns, including the legality of the PAB allocation to All Aboard Florida, the unfunded mandate the project places on local communities and serious public safety concerns.
In his opening statement, AAF’s Goddard sought to dismiss the legitimate concerns of Martin County, Indian River County and CARE FL by referring to them as “a minority of narrow-minded residents of two counties on our corridor.” He also referred to them as a “small group of obstructionists.” Chairman Meadows quickly took issue with Goddard’s tone and description of the project’s opponents, advising him to keep personalities out of the conversation since it would not help his case.
The review of the PABs was made at the request of Congressman Brian Mast in a letter to Chairman Meadows. In requesting the hearing, Congressman Mast stated, “Brightline is continuing their deceptive business practices, seeking public financing for this expansion by claiming that their passenger rail train is actually a ‘highway’ because they fail to qualify for public financing under the statutory definition of high-speed rail.”
During the two-hour hearing the Chairman and members asked a number of questions about how AAF qualified to receive PABs under the federal statute governing the program. AAF recently received two PAB allocations, $600,0000 for Phase I and $1.15 billion for Phase II.
In an exchange with DOT’s Burthey, Chairman Meadows challenged the agency’s interpretation that AAF qualifies as a highway for the purpose of receiving PABs. He noted it was not the intent of Congress for the statute to be applied so broadly and added that maybe it was time to change the law.
CARE FL Steering Committee Member and former Chairman and CEO of American Airlines Bob Crandall stated that, “In recent years, there have been several attempts by which the Obama Administration or individual members of congress have proposed to amend the statute to include passenger rail projects that do not meet the current high-speed definition. None of those proposals were ever enacted, but the fact that they were proposed is a clear admission that the authority does not exist.”
The use of taxpayer subsidies also became a topic of discussion during today’s hearing. Despite years of public comments by AAF, which has repeatedly stated that it is a privately funded rail project, today under oath, and after being pressed by Congressman Mast, AAF’s Goddard admitted, “There has been public funding granted to the corridor.”
Chairman Meadows questioned AAF’s Goddard and the company’s decision to pursue PABs rather than private funding. Chairman Meadows proclaimed that, “There is a benefit to your company that comes at the expense of the American taxpayer, is there not?” Goddard admitted that there is a deferral of taxes to investors, and added that the reason they were interested in a “financial instrument such as PABs is, it’s a cheaper cost of money, it’s a less expensive cost of money.”
The hearing also focused on the financial burden AAF is imposing on counties that will have to pay for the costs of maintaining the necessary safety improvements in perpetuity.
In his testimony, Indian River County Attorney Reingold stated that, “An initial calculation performed by Indian River County estimates that these long-term maintenance costs will be $8.2 million through 2030 for our community alone – a significant sum for our small county.”
Chairman Meadows then questioned why AAF expects the counties in which there is no stop to bear the burden of safety costs. He asked, “If you are going to do railroad crossings and you are going to ask them to maintain something that they don’t get a benefit from, do you not see a problem with that?”
Goddard responded by saying, “I can see how… potentially…”
Chief Dan Wouters, Division Chief Martin County Fire Rescue focused his testimony on public safety. He highlighted that Martin County has 27 at-grade road crossings, and that Indian River County has 31 at-grade crossings within the corridor.
He went on to express concerns that the significant increase in the number and speed of passenger and freight trains will impact public safety because it will increase delays for fire rescue calls. In addition, Chief Wouters also highlighted the fatality and injury track record along the rail corridor and stated, “If 32 high-speed passenger trains and 20 faster freight trains are added to these tracks, statistically these fatality and injury figures will increase.”
Also attending the congressional hearing were Senator Debbie Mayfield (R-Melbourne), Rep. Erin Grall (R-Vero Beach), Rep. MaryLynn Magar (R-Tequesta) and Brent Hanlon, Chairman of CARE FL.
Congressman Mark Meadows (R-North Carolina), Chairman of the House Oversight and Government Reform Subcommittee on Government Operations will be examining the tax-exempt private activity bonds (PABs) used for All Aboard Florida’s Brightline passenger rail system.
The review of the PABs was made at the request of Congressman Brian Mast in a letter to Chairman Meadows. In his letter, Congressman Mast states, “Brightline is continuing their deceptive business practices, seeking public financing for this expansion by claiming that their passenger rail train is actually a “highway” because they fail to qualify for public financing under the statutory definition of high-speed rail.”
Several leaders from the Treasure Coast region have been invited to testify and will be expressing their concerns regarding the U.S. Department of Transportation’s decision to issue PABs to finance the AAF project. Those leaders include: Dylan Reingold, Indian River County Attorney; Chief Dan Wouters, Division Chief Martin County Fire Rescue, and Bob Crandall, CARE FL Steering Committee member, former president, chairman and CEO of American Airlines.
Also attending the congressional hearing will be Senator Debbie Mayfield (R-Melbourne), Rep. Erin Grall (R-Vero Beach), Rep. MaryLynn Magar (R-Tequesta) and Brent Hanlon, Chairman of CARE FL.
**To stream the committee hearing live, click here. Please note video will not appear until the hearing begins.**
WHO: Dylan Reingold, Indian River County Attorney
Dan Wouters, Division Chief Martin County Fire Rescue
Bob Crandall, CARE FL Steering Committee Member
WHAT: Treasure Coast Leaders to Testify Before House Oversight and Government Reform Subcommittee
WHEN: Thursday, April 19, 2018
10:00a.m. EST
WHERE: 2154 Rayburn House Office Building
45 Independence Ave SW
Washington, DC 20515
The deaths of three women in three separate incidents, in which they were stuck by AAF/Brightline High Speed Trains between July 2017 and last Friday, January 12, 2018, clearly demonstrate the urgent need to reconsider the safety measures that will be necessary to protect pedestrians and motorists across Florida.
Between 2011 and 2017, data collected by the U.S. Department of Transportation and the Federal Rail Administration shows that there have been a total of 105 deaths, over 350 miles of Florida East Coast Railway tracks. With the AAF/Brightline deaths, that number is now at least 108.
Citizens Against Rail Expansion in Florida (CARE FL), along with Martin County and Indian River County, have continued to express concerns about inadequate safety measures in place along the rail corridor where there are approximately 350 at grade crossings. The most recent death reportedly involved a 32-year-old woman, Melissa Lavell, who was ducking under a guard rail when she was struck and killed by the Brightline train that was making its inaugural trip with VIP passengers. The women killed in the earlier incidents were 35-year-old Jennifer Reed and a teenager whose name was not reported.
“First and foremost, we express our deepest condolences to the family members of all three victims,” said Brent Hanlon, Chairman of CARE FL. “This is exactly why we are fighting for our communities. Enough is enough. We need safety measures in place that will protect our pedestrians, our school children who may walk or bike along the tracks to school, our first responders and members of our community. AAF continues to tout its commitment to safety, but three deaths during test runs indicate something is seriously wrong.”
“How many more deaths or injuries will it take before AAF acknowledges the need for enhanced safety measures?” added Hanlon.
In December 2017, an Amtrak train making its inaugural trip in Washington State derailed, killing at least 3 people and injuring about 100. Speed was a factor which is why AAF’s high-speed passenger train gives us pause in Florida where it is expected to exceed 110 miles per hour as it transports passengers across the state.
And this is why CARE FL is supporting two very important bills that have been filed for the 2018 Legislative Session. Sen. Debbie Mayfield has once again filed her High Speed Passenger Rail Safety bill SB 572 that would require protections be put in place to prevent similar accidents from taking place. The bill would also ensure that affected counties would not be held responsible for the costs of the safety upgrades.
Representatives Erin Grall and Mary Lynn Magar have also filed a similar bill HB 525 that would address the cost of upgrades.
We stand with our local elected leaders of Martin County and Indian River County who, along with CARE FL members, have continued to fight to protect the safety and well-being of our residents.
CARE FL plans to host an informational meeting on Monday, January 29 at the Lyric Theatre in downtown Stuart. The meeting will give CARE FL an opportunity to provide community members with new information and to answer any questions they may have about the ill-conceived rail project.
The meeting is scheduled to kick-off at 7 p.m. and will feature the following speakers:
The Florida Senate Transportation Committee today passed Senate Bill 572 by Senator Debbie Mayfield, which establishes the Florida High Speed Passenger Rail Safety Act.
Brent Hanlon, chairman of Citizens Against Rail Expansion in Florida (CARE FL), released the following statement regarding the committee’s passage of the bill.
“Today’s vote by the Senate Transportation Committee demonstrates the commitment our elected leaders have to the safety and well-being of Florida residents and to the taxpayers.
“Residents of the Treasure Coast region have repeatedly expressed concerns about the ill-conceived All Aboard Florida rail project that will allow 32 trains to crisscross through pedestrian communities at high rates of speed. How can we expect school children, pedestrians, motorists and first responders to navigate through all this additional high-speed rail traffic?
“Sen. Mayfield’s proposal is desperately needed because AAF and its leaders have fought the residents of our community every step of the way by not only rejecting our safety concerns and repeated requests for the implementation of safety measures, but by also shifting the costs of any necessary safety upgrades to the taxpayers.
“According to the Federal Railroad Administration, there have been 48 rail related deaths in Florida this year. And more than half of those deaths occurred in South Florida where they have both freight and passenger rail. There is currently no law or regulation governing high speed rail safety in our state.
“We thank Senator Mayfield for her unwavering commitment to safety and thank the members of the Senate Transportation Committee for hearing our concerns.”
According to documents obtained through a Freedom of Information Act request, Martin and Indian River Counties, along with Citizens Against Rail Expansion in Florida (CARE FL), have obtained confirmation of plans to transport liquefied natural gas (LNG) along the Florida East Coast (FEC) corridor—a highly populated, congested route with over 300 at-grade crossings that it plans to share with All Aboard Florida’s (AAF) 110 mph passenger trains. As a result, the Counties and CARE FL have renewed their request with the U.S. Department of Transportation for a Supplemental Environmental Impact Statement.
In a March 3, 2016, letter, the Federal Railroad Administration (FRA) not only confirms the plans to transport LNG, but is also very negative about this controversial proposal that poses a threat to public safety. In it, the agency notes concerns that are similar to those of the Counties and CARE FL regarding transporting LNG as a commodity along the FEC corridor. The letter goes on to highlight the need for further evaluation, lay out specific actions FEC is required to take, including a safety analysis of the rail cars it plans to use to transport LNG, and set forth additional conditions it anticipates imposing on FEC.
Specifically, the FRA states the following regarding Alaska Railroad (ARR), the only other railroad transporting LNG as a commodity in the United States: “The FRA views ARR’s approval as different from a potential FEC approval, due to the significant differences between the two states and the areas through which they would be transporting the product. For example, if ARR transports LNG it will be doing so at 40 mph through mostly unpopulated areas with few highway-rail grade crossings, whereas under FEC’s proposal, trains transporting LNG will pass through highly populated areas, with more frequent crossings, while sharing tracks with passenger trains traveling at 110 mph.”
“The FRA clearly recognizes the inherent danger of fast moving freight trains transporting a volatile substance like LNG passing passenger trains travelling up to 110 mph through our densely populated communities. While the FRA claims it will conduct a thorough evaluation of the safety risks, we believe a thorough review of the environmental impacts is also needed,” said Ruth Holmes, Senior Assistant Martin County Attorney.
The letter further reveals that FEC has had ongoing discussions with the FRA related to the transportation of LNG along the corridor since September 2014. However, no mention of this was included in either the September 2014 Draft Environmental Impact Statement or the August 2015 Final Environmental Impact Statement, even though the proposal is directly related to and clearly impacts the AAF project.
“Once again we have discovered that FEC and AAF are shielding information from the communities they are directly affecting. Transporting a hazardous material like LNG is a major safety risk for our communities and must be thoroughly reviewed and evaluated from every angle,” said Dylan Reingold, Indian River County Attorney.
“The AAF project itself poses a great enough risk to Treasure Coast communities and it is now clear that they intend to increase that risk exponentially by adding an extremely dangerous substance to the mix. Running 110 mph trains and LNG over the same tracks is simply a recipe for disaster,” said Brent Hanlon, Chairman of CARE FL.
Coming on the heels of the news that AAF derailed a passenger train but never publicly disclosed it, the non-public nature of this LNG letter leaves Treasure Coast citizens with even less reason to trust their safety to AAF and FEC.
For more information please visit www.ircgov.com, www.martin.fl.us, and CARE FL’s site at www.saveourfl.com.
Earlier this year, Citizens Against Rail Expansion in Florida (CARE FL) received information from knowledgeable railroad insiders that one of All Aboard Florida’s “Brightline” passenger trains had derailed during a test run, sustaining major damage.
That information has now been confirmed by the Federal Railroad Administration (FRA). The derailment resulted in equipment damage of $408,000 and occurred on February 11, 2017, just days before AAF officials testified before state legislators, where they continued to emphasize their commitment to safety.
“Soon after this incident, AAF officials attended not one but two state legislative hearings about rail safety and never once disclosed facts about the derailment, while they sought to table the safety legislation under consideration,” said Brent Hanlon, Chairman of CARE FL.
Since CARE FL’s inception it has served as a watchdog in the Treasure Coast region, shining a light on AAF’s less-than-transparent approach to building this ill-conceived and dangerous rail project.
A May 30, 2017 letter from CARE FL’s legal team notified the U.S. Department of Transportation (DOT) and the FRA about the incident, inquiring whether AAF filed the proper notifications within the appropriate time frame, and requesting that DOT/FRA publicly address whether the derailment occurred, so that our community would know the facts.
“It is unfortunate that Martin County is forced to spend taxpayer money to make sure our safety concerns are addressed at the state and federal levels. A simple confirmation of a derailment took three months to get from DOT, but six months after the derailment itself. We would have never known about this significant public safety issue had we not demanded to know the facts,” said Ruth Holmes, Senior Assistant Martin County Attorney.
According to the FRA’s response letter dated August 21, 2017, “a Brightline locomotive derailed its trailing truck while negotiating a switch at four miles per hour within the Brightline yard facility.” The letter also states that Brightline and FEC “promptly” notified FRA officials of the February 11, 2017 incident.
Hanlon commented, “All you have to do is look at numerous opportunities they had to share this important and relevant information.”
CARE FL, Martin County and Indian River County have repeatedly expressed their public safety concerns and have worked diligently to address ways to keep the residents of the Treasure Coast community out of harm’s way.
“The disconnect between the derailment and AAF’s failure to make it public is disturbing,” said Dylan Reingold, Indian River County Attorney. “The safety and well- being of our communities require greater transparency.”
The FRA also pledged to “continue to provide oversight of this railroad, as it has from its inception, to ensure that the operation meets or exceeds the safety requirements set by Federal regulations.”
We will hold the FRA to that commitment.
For more information please visit www.ircgov.com, www.martin.fl.us, and CARE FL’s site at www.saveourfl.com.
Treasure Coast officials and concerned residents are calling a 2015 Final Environmental Impact Statement (FEIS) regarding the All Aboard Florida (AAF) passenger rail and freight project stale and aged. In a 24-page letter to the U.S. Department of Transportation (USDOT), Martin and Indian River Counties along with Citizens Against Rail Expansion in Florida (CARE FL) give more than 15 reasons why a Supplemental Environmental Impact Statement (SEIS) is necessary before the issuance of a Record of Decision (ROD). The letter reviews deficiencies in the August 2015 FEIS and sets forth significant new circumstances and information since the issuance of the FEIS that merit careful examination in a SEIS.
“The Draft Environmental Impact Statement was completed in 2014 and the FEIS was released on August 4, 2015—nearly two years ago,” said Ruth Holmes, Senior Assistant Martin County Attorney. “In those two years, the document has grown stale and there have been a number of new circumstances that warrant DOT’s careful reconsideration by way of a SEIS.”
Those circumstances include some of the following:
“Adding LNG to the list of dangerous and hazardous substances on existing FECR freight trains is an additional public safety factor that has evolved since the publication of the FEIS,” said Brent Hanlon, Chairman of CARE FL. “The National Environmental Policy Act (NEPA) requires consideration of such new commodities and their impact on public safety and the environment.”
Local governments have a fundamental interest in ensuring that projects within their boundaries are designed, constructed and operated to be as safe as possible. However, their ability to protect such interests through the imposition of safety requirements is limited by principles of federal preemption with respect to railroad projects, since under federal law the power to regulate railroad safety is wielded primarily by the Federal Railroad Administration (FRA).
The FEIS dismisses valid public safety concerns stating that the AAF project ‘…would comply with all relevant health and safety regulations and would not adversely impact the public’s health and safety.’ The counties and residents of the Treasure Coast region strongly disagree with that argument.
“These unsupported generalities are no substitute for the careful analysis and public airing of potential impacts that NEPA demands, and such deficiencies may only be cured by a SEIS that is subject to the public review procedures of NEPA,” said Dylan Reingold, Indian River County Attorney. “Our top priority is ensuring the safety of our residents and motorists.”
For more information please visit www.martin.fl.us, www.ircgov.com, and CARE FL’s site at www.saveourfl.com.
The U.S. House of Representatives Subcommittee on Railroads, Pipelines, and Hazardous Materials met today to examine issues related to intercity passenger rail service in the U.S. The Subcommittee heard testimony from the Federal Rail Administration and rail executives including Mike Reininger, a leader of the All Aboard Florida project. As a Member of the House Committee on Transportation and Infrastructure, Florida Congressman Brain Mast, representing the Treasure Coast Region, participated in the hearing to express the concerns of his constituents related to the All Aboard Florida/Brightline project.
Following the conclusion of the hearing CARE FL Chairman Brent Hanlon released the following statement:
“For the past three years Citizens Against Rail Expansion in Florida (CARE) has worked to shed light on the All Aboard Florida (AAF) project and how it threatens the health and safety of our communities. We have also tried to reveal the facts about AAF’s insatiable need for public subsidies of its business plans.
“AAF has claimed that it is a private enterprise. But the evidence does not support this claim. AAF has, to date, been unable to raise private capital to finance its rail project without the benefit of public—as in, government—subsidies. Today we start the latest adventure of disclosing AAF’s latest attempt to seek government subsidies—this time by seeking a multi-billion-dollar loan subsidized by the US taxpayers.
“At every twist and turn the company has sought handouts and subsidies from government. Their desire for subsidies is insatiable, unquenchable and inexhaustible.
“AAF’s quest began with an application for a more than $1.1 billion RRIF loan in 2013. They then applied for $1.75 billion in Private Activity Bonds (PABs) in 2014 prompting a US District Court to find that the PABs would cost taxpayers up to $600 million in the first 10 years. To add insult to injury, AAF is also demanding that county governments—Florida taxpayers—pay for crossing and safety equipment maintenance in perpetuity. The list goes on and on.
“Most recently, to moot an unfavorable Federal Court ruling, AAF and its executives decided to withdraw their application for the PABs and are now back to pursuing a RRIF loan. The new RRIF loan poses many new risks to the taxpayers because there are no guarantees that AAF will be able to repay the loan. If that happens, taxpayers will be left holding the bag for potentially billions of dollars.
“Experts have concluded AAF cannot demonstrate how this project will be financially feasible. A 2015 economic impact report commissioned by CARE by a former White House economist found they could not obtain the revenue to pay off the debt they would incur unless they charged high ticket prices that are unlikely to yield the riders they claim will be attracted to their venture. The findings of the PhD Ivy League professor fundamentally question ridership and the project’s overall success.
“Mr. Reininger used his testimony today in a vain attempt to rewrite history by blaming bureaucracy for the lack of a Record of Decision (ROD) in AAF’s National Environmental Policy Act (NEPA) review, and suggesting a two-year timeline moving forward. But let’s look at the record of AAF and the U.S. Department of Transportation’s manipulation of this subject. In 2014, a Draft Environmental Impact Statement was issued for the AAF project. In the first week of August 2015, a Final Environmental Impact Statement was issued to facilitate the PABs that AAF failed to sell in four attempts. Both USDOT and AAF fought in court for two years, and in August 2016, the Court ruled NEPA applied to the project. Despite that, USDOT has still never issued the ROD—with AAF’s full support. Why? Because USDOT and AAF don’t want it issued since it would give the impacted Florida communities a legal opportunity to challenge the NEPA conclusions.
“We will continue to hold AAF accountable and call attention to their actions. We would not be where we are today without the support of many federal state and local elected leaders. We particularly want to thank Cong. Mast for attending the hearing and for asking some very important questions.”
CARE FL is a coalition created by a group of concerned community leaders, organizations and neighbors in South Florida and the Treasure Coast. Our group continues to grow. We share a common goal: Protecting the safety, welfare and way of life for the families, businesses and retirees who live in and around our communities. To learn more about CARE FL’s concerns, visit www.saveourfl.com and like us on Facebook or follow us on Twitter @CARE_FL.
Earlier today, the Florida House of Representatives Transportation and Infrastructure Subcommittee temporarily postponed House Bill 269 by Representatives MaryLynn Magar and Erin Grall, which would establish the Florida High Speed Passenger Rail Safety Act.
“I want to once again thank Representatives MaryLynn Magar and Erin Grall for filing legislation this session to protect citizens from subsidizing high speed rail projects that pose risks to public safety. We are disappointed that the subcommittee did not debate the bill today, but we respect the legislative process, and look forward to more dialogue about this important legislation in due course.
“All Aboard Florida (AAF) is taking a victory lap today in its public statements, but its latest actions are nothing more than a special interest group flexing its political muscle in a desperate attempt to protect its profits which are reliant on taxpayer subsidies.
“AAF continues to put the communities of South Florida on the hook for millions in upgrades to enhance safety measures and make a grab for taxpayer subsidies.
“We will continue to advocate for legislation that puts public safety first and we know that our elected leaders want the same. This is nothing more than an ill-conceived rail project by a private company that wants to shift costs to the taxpayers.”
CARE FL is a coalition created by a group of concerned community leaders, organizations and neighbors in South Florida and the Treasure Coast. Our group continues to grow. We share a common goal: Protecting the safety, welfare and way of life for the families, businesses and retirees who live in and around our communities. To learn more about CARE FL’s concerns, visit www.saveourfl.com and follow us on Twitter @CARE_FL or like us on Facebook.
