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State, CSX reach deal on high-speed rail

Published:May 29, 2010, 11:07 AM

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Updated: August 21, 2010, 10:15 AM

WASHINGTON — New York State and CSX Corp. struck a deal Friday that allows the high-speed rail project between Buffalo and Albany to move forward, but the agreements postpone the most important decisions involving the train service until more studies are done.

A copy of the two agreements, obtained by The Buffalo News, shows no resolution to the two

key issues that threatened to upend the high-speed rail project before it even began.

Buffalo News editorial: Make rail fast, and safe

The agreements do not specifically say that the high-speed trains will be able to operate along the CSX rail corridor at speeds higher than 90 mph.

And they do not narrow the 30-foot gap between CSX tracks and the high-speed tracks that

the freight hauler has insisted upon — but that could make the project hugely more

complex and expensive because of infringements on private property.

Instead, the deal proposes a "framework agreement" that includes a set of principles the

state and CSX will follow as they work together.

A separate agreement sets the terms for developing an environmental impact statement for

the proposed project. That study is set to be completed by the middle of 2012, the governor's

office said.

"The [environmental statement] will provide a basis for determining alternatives, and by

agreeing to progress ... the parties are in no way committing to implementation of the project

or binding themselves to any further steps concerning the project," the agreement said.

Nevertheless, supporters of high-speed rail hailed the agreement as the end of a stalemate

between the state and CSX over the use of the freight railroad's right of way.

"This is welcome news and helps give us confidence that the high-speed rail will be coming

to upstate New York," said Rep. Louise M. Slaughter, D-Fairport. "This agreement allows the

planning and eventual construction to go forward in a sensible way."

Gov. David A. Paterson agreed, saying: "The deadlock has been broken allowing for the

program to move forward."

The deadlock occurred when the state — under pressure from federal officials —

insisted that CSX alter an earlier agreement in which the state agreed to operate the trains

at no more than 90 mph and keep the tracks 30 feet from the CSX rails.

Transportation Secretary Ray LaHood dispatched Karen Rae, a top federal rail official, to

resolve the dispute earlier this month.

And after several meetings, the state and the railroad at least agreed that the studies

necessary to complete the rail line could go forward.

"Today's agreement is consistent with CSX Transportation's commitment to work with state

and federal officials to help find ways to safely and efficiently enhance passenger service in

upstate New York, while at the same time ensuring the continued delivery and growth of job-

creating, vital, green freight rail service," said CSX spokesman Robert Sullivan.

The state has been allocated $151 million in federal stimulus money for work on the high-

speed line between Niagara Falls and Albany.

Slaughter has been the rail project's main champion in the House, pulling together a

bipartisan coalition to support the project and pulling in federal transportation officials to

try to resolve the dispute.

"I appreciate CSX's readiness to do their part to making the promise of high-speed rail in

New York a reality," Slaughter said.

But Sen. Charles E. Schumer, a New York Democrat who met with CSX officials earlier this

week, warned that much work still needs to be done.

"It's a good thing that the parties are talking, but there are still many questions that

are left unanswered," he said, calling the agreement "a step in the right direction."

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