NTRAC Final Study - Nebraska Department of Roads - State of ...

CHAPTER 5 – COMMUTER RAIL PLAN
OPERATING AGREEMENTS
The commuter rail service will need at least two agreements with the BNSF. One is an access
agreement, whereby BNSF allows the commuter trains to run on its line for a fee. The other is
an operating agreement, which specifies the terms and conditions under which the trains will
operate on the BNSF. BNSF currently hosts commuter rail operations, and the agreements
signed with the commute rail operators can serve as models for commuter rail service on BNSF
in Nebraska.
Access Agreement
This analysis has assumed an access agreement along the lines that Metrolink in Los Angeles has
with BNSF today. That agreement grants Metrolink commuter trains access to the BNSF main
line between San Bernardino and Los Angeles for about $7.67 per train mile, of which 66 cents
is for dispatching and $7.01 is for access and maintenance of way. The dispatching charge
would likely remain constant, but the access and maintenance fee could be lower, as the Lincoln-
Omaha service would operate far fewer and far lighter trains than Metrolink does (thus, the
incremental cost for maintenance of way as compared to Metrolink would be less). This analysis
assumes a combined charge of $5 per train mile for access, subject to negotiation with the
railroad.
The Metrolink/BNSF agreement also links increases in commuter trains to the capacity of the
line. That is, more trains may trigger capacity improvements that would be the responsibility of
the commuter agency. This could be a feature of the Lincoln-Omaha service as well.
Operating Agreement
Such an agreement specifies at a minimum such things as the hours of operations for commuter
trains, dispatching rules, and safety requirements for passenger trains operating on BNSF lines.
There could be various other items also, ranging from training of crews to insurance
specifications, depending on the preferences of the railroad.
INSTITUTIONAL STRUCTURE
To negotiate these and several other agreements (i.e. for contract operator, fare inspection,
custodial services, etc.) and carry on the running commuter trains, the service will require an
institutional structure. One model is a Joint Powers Authority (JPA), composed of the
jurisdictions served by the commuter operation. These could include the Cities of Lincoln,
Omaha and Gretna, and Lancaster, Douglas, and Sarpy Counties. State agencies may even be
part of the JPA. The primary responsibility of the JPA will be to sponsor the service – that is,
sharing the costs of implementing and maintaining the commuter service. This will involve
applying for any federal or State funds for which the service is eligible, raising the local match,
and then securing local funding sources for covering the ongoing operating subsidies. A
common vehicle for the subsidies is a local sales tax. Formation of JPAs may not require
enabling legislation.
Other models include Special Districts (e.g. Bay Area Rapid Transit District) and a Regional
Transportation Agency (e.g. RTA in Chicago), which may require special enabling legislation.
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NEBRASKA TRANSIT CORRIDORS STUDY
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WILBUR SMITH ASSOCIATES