Senate Bill sb1178c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                           CS for SB 1178

    By the Committee on Transportation and Senator Sebesta





    306-1598-01

  1                      A bill to be entitled

  2         An act relating to high-speed rail; creating s.

  3         341.821, F.S.; creating the Florida High-Speed

  4         Rail Authority; providing membership, terms,

  5         organization, and reimbursement of expenses;

  6         providing duties of the authority; relating to

  7         specified conflicts of interest with respect to

  8         authority members; assigning the authority to

  9         the Department of Transportation for

10         administrative purposes; creating s. 341.822,

11         F.S.; providing powers and duties of the

12         authority; authorizing the authority to seek

13         federal funds; providing applicable criteria;

14         requiring submittal of a report; authorizing

15         preparation and submittal of a request for

16         information and a request for proposals;

17         providing for agency assistance; providing an

18         appropriation; providing an effective date.

19

20         WHEREAS, the voters on November 7, 2000, approved a

21  constitutional amendment directing the Legislature, the

22  Cabinet, and the Governor to proceed with development of a

23  high-speed rail system consisting of a monorail fixed guideway

24  or magnetic levitation that is capable of speeds in excess of

25  120 miles per hour, and

26         WHEREAS, the constitutional amendment called for the

27  high-speed rail system to be developed by the state or a

28  private entity pursuant to state approval and authorization,

29  including the acquisition of right-of-way and the financial

30  design, construction, and operation of the system, and

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1178
    306-1598-01




  1         WHEREAS, the selected technology must consist of

  2  dedicated rails or guideways that will link the five largest

  3  urban areas of the state and provide access to existing air

  4  and ground transportation facilities, and

  5         WHEREAS, construction of the system must begin on or

  6  before November 1, 2003, NOW, THEREFORE,

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 341.821, Florida Statutes, is

11  created to read:

12         341.821  Florida High-Speed Rail Authority.--

13         (1)  There is created and established a body politic

14  and corporate, an agency of the state, to be known as the

15  "Florida High-Speed Rail Authority," hereinafter referred to

16  as the "authority."

17         (2)(a)  The governing board of the authority shall

18  consist of nine voting members appointed as follows:

19         1.  Three members shall be appointed by the Governor,

20  one of whom must have a background in the area of

21  environmental concerns, one of whom must have a legislative

22  background, and one of whom must have a general business

23  background.

24         2.  Three members shall be appointed by the President

25  of the Senate, one of whom must have a background in civil

26  engineering, one of whom must have a background in

27  transportation construction, and one of whom must have a

28  general business background.

29         3.  Three members shall be appointed by the Speaker of

30  the House of Representatives, one of whom must have a legal

31  background, one of whom must have a background in financial

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1178
    306-1598-01




  1  matters, and one of whom must have a general business

  2  background.

  3         (b)  The appointed members shall not be subject to

  4  confirmation by the Senate. The initial term of each member

  5  appointed by the Governor shall be for 4 years. The initial

  6  term of each member appointed by the President of the Senate

  7  shall be for 3 years. The initial term of each member

  8  appointed by the Speaker of the House of Representatives shall

  9  be for 2 years. Succeeding terms for all members shall be for

10  terms of 4 years. Initial appointments must be made within 30

11  days after the effective date of this act.

12         (c)  A vacancy occurring during a term shall be filled

13  by the respective appointing authority in the same manner as

14  the original appointment and only for the balance of the

15  unexpired term. An appointment to fill a vacancy shall be made

16  within 60 days after the occurrence of the vacancy.

17         (d)  The Secretary of Transportation shall be a

18  nonvoting ex officio member of the board.

19         (e)  The board shall elect one of its members as chair

20  of the authority. The chair shall hold office at the will of

21  the board. Five members of the board shall constitute a

22  quorum, and the vote of five members shall be necessary for

23  any action taken by the authority. The authority may meet upon

24  the constitution of a quorum. No vacancy in the authority

25  shall impair the right of a quorum of the board to exercise

26  all rights and perform all duties of the authority.

27         (f)  The members of the board shall not be entitled to

28  compensation but shall be entitled to receive their travel and

29  other necessary expenses as provided in s. 112.061.

30         (3)  Notwithstanding any other law to the contrary, it

31  shall not be or constitute a conflict of interest for a person

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1178
    306-1598-01




  1  having a background specified in this section to serve as a

  2  member of the authority. However, in each official decision to

  3  which this act is applicable, such member's firm or related

  4  entity may not have a financial or economic interest nor shall

  5  the authority contract with or conduct any business with a

  6  member or such member's firm or directly related business

  7  entity.

  8         (4)  The authority shall be assigned to the Department

  9  of Transportation for administrative purposes. The authority

10  shall be a separate budget entity, and the executive director

11  shall be its agency head for all purposes. The Department of

12  Transportation shall provide administrative support and

13  service to the authority to the extent requested by the chair

14  of the authority. The authority shall not be subject to

15  control, supervision, or direction by the Department of

16  Transportation in any manner, including, but not limited to,

17  personnel, purchasing, transactions involving real or personal

18  property, and budgetary matters.

19         Section 2.  Section 341.822, Florida Statutes, is

20  created to read:

21         341.822  Powers and duties.--

22         (1)(a)  The authority created and established by this

23  act shall plan, administer, and manage the preliminary

24  engineering and preliminary environmental assessment of the

25  intrastate high-speed rail system in the state, hereinafter

26  referred to as "intrastate high-speed rail."

27         (b)  The authority may exercise all powers granted to

28  corporations under the Florida Business Corporation Act,

29  chapter 607.

30         (c)  The authority shall have perpetual succession as a

31  body politic and corporate.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1178
    306-1598-01




  1         (d)  The authority is authorized to seek federal

  2  matching funds or any other funds to fulfill the requirements

  3  of this act.

  4         Section 3.  (1)  The following criteria shall apply in

  5  developing the preliminary engineering, preliminary

  6  environmental assessment, and recommendations required by this

  7  act:

  8         (a)  The train shall be capable of traveling speeds in

  9  excess of 120 miles per hour consisting of dedicated rails or

10  guideways separated from motor vehicle traffic;

11         (b)  The initial segments of the system will be

12  developed and operated between St. Petersburg, Tampa, and

13  Orlando, with future service to Miami, Jacksonville, and

14  Pensacola;

15         (c)  The authority is to develop a model that uses, to

16  the maximum extent feasible, nongovernmental sources of

17  funding for the design, construction, and operation of the

18  system;

19         (2)  The authority shall make recommendations

20  concerning:

21         (a)  The format and types of information that must be

22  included in a financial or business plan for the high-speed

23  rail system, and the authority may develop that financial or

24  business plan;

25         (b)  The preferred routes between the cities designated

26  in paragraph (1)(b);

27         (c)  The preferred locations for the stations in the

28  cities designated in paragraph (1)(b);

29         (d)  The preferred locomotion technology to be employed

30  from constitutional choices of monorail, fixed guideway, or

31  magnetic levitation;

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1178
    306-1598-01




  1         (e)  Any changes that may be needed in state statutes

  2  or federal laws which would make the proposed system eligible

  3  for available federal funding; and

  4         (f)  Any other issues the authority deems relevant to

  5  the development of a high-speed rail system.

  6         (3)  When preparing the operating plan, the authority

  7  shall include:

  8         (a)  The frequency of service between the cities

  9  designated in paragraph (1)(b);

10         (b)  The proposed fare structure for passenger and

11  freight service;

12         (c)  Proposed trip times, system capacity, passenger

13  accommodations, and amenities;

14         (d)  Methods to ensure compliance with applicable

15  environmental standards and regulations;

16         (e)  A marketing plan, including strategies that can be

17  employed to enhance the utilization of the system;

18         (f)  An investment-grade ridership study that meets the

19  criteria specified by applicable bond issuers;

20         (g)  Consideration of nonfare revenues that may be

21  derived from:

22         1.  The sale of development rights at the stations;

23         2.  License, franchise, and lease fees;

24         3.  Sale of advertising space on the trains or in the

25  stations; and

26         4.  Any other potential sources deemed appropriate.

27         (h)  An estimate of the total cost of the entire

28  system, including, but not limited to, the costs to:

29         1.  Design and build the stations and monorail, fixed

30  guideway, or magnetic levitation system;

31         2.  Acquire any necessary rights-of-way;

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1178
    306-1598-01




  1         3.  Purchase or lease rolling stock and other equipment

  2  necessary to build, operate, and maintain the system.

  3         (i)  An estimate of the annual operating and

  4  maintenance costs for the system and all other associated

  5  expenses.

  6         (j)  An estimate of the value of assets the state or

  7  its political subdivisions may provide as in-kind

  8  contributions for the system, including rights-of-way,

  9  engineering studies performed for previous high-speed rail

10  initiatives, land for rail stations and necessary maintenance

11  facilities, and any expenses that may be incurred by the state

12  or its political subdivisions to accommodate the installation

13  of the system.

14

15  Whenever applicable and appropriate, the authority will base

16  estimates of projected costs, expenses, and revenues on

17  documented expenditures or experience derived from similar

18  projects.

19         Section 4.  The authority shall prepare a report of its

20  actions, findings, and recommendations and submit the report

21  to the Governor, the President of the Senate, and the Speaker

22  of the House of Representatives on or before January 1, 2002.

23  If statutory changes are recommended, the report shall contain

24  proposed legislation necessary to implement those

25  recommendations.

26         Section 5.  The Department of Transportation is

27  authorized to prepare and issue, subject to the authority's

28  approval, a request for information and a request for

29  proposals in order for the authority to contract for a

30  consultant to assist the authority with fulfilling the

31  requirements of this act.  Furthermore, the authority may

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1178
    306-1598-01




  1  enlist assistance or input from the private sector and from

  2  existing rail and fixed guideway system vendors or operators,

  3  including Amtrak.  The Department of Transportation is

  4  directed to begin, as soon as possible, collecting and

  5  organizing existing research, studies, and reports concerning

  6  high-speed rail systems in preparation for the authority's

  7  first meeting.

  8         Section 6.  The Florida Transportation Commission, the

  9  Department of Community Affairs, and the Department of

10  Environmental Protection shall, at the authority's request,

11  provide technical, scientific, or other assistance.  The

12  Office of Legislative Services shall provide administrative

13  support to the authority, if requested.

14         Section 7.  There is appropriated from funds assigned

15  to the Transportation Outreach Program to the authority the

16  sum of $8,000,000 for the purpose of performing its duties

17  under this act.  These funds shall be administered by the

18  authority, and the funding for the authority, for its board,

19  and for any consultant under the provisions of this act shall

20  be allocated from this appropriation.

21         Section 8.  This act shall take effect upon becoming a

22  law.

23

24

25

26

27

28

29

30

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1178
    306-1598-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1178

  3

  4  This CS creates the High-Speed Rail Authority.  The authority
    will be comprised of nine voting members. The Florida
  5  Department of Transportation (FDOT) will serve as the primary
    staff for the authority. The CS provides criteria the
  6  authority must use in developing the preliminary engineering,
    preliminary environmental assessment, and recommendations
  7  required by this CS. The authority must prepare and submit a
    report of its actions, findings, and necessary statutory
  8  changes and recommendations to the President of the Senate and
    the Speaker of the House by January 1, 2002. The committee
  9  substitute authorizes the FDOT to prepare and issue a Request
    for Information and a Request for Proposal in order for the
10  authority to hire consultants to aid in fulfilling the
    requirements of this CS. The committee substitute appropriates
11  $8 million from the Transportation Outreach Program to fund
    the work of the authority.
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.