MDOT Rushes Ahead, Ignoring Opposition, DEIS Flaws, and Post-COVID Reality

Opponents of the Toll-Lanes Testify at Priorities Hearing

The Montgomery County Delegation of the Maryland General Assembly held its annual Priorities Hearing on November 12. This was an opportunity for the public to say what they want their legislators to focus on in the coming session of the General Assembly.

Eight individuals, including Dontwiden270.org representatives, spoke about the “I-270/I-495 Highway P3 Proposed Project.” Their testimonies can be heard here. The link should take you directly to the highway expansion presentations, but if there is any difficulty, scroll to 3:11:00 to listen (i.e., 33 minutes from the end).

The opponents of the project highlighted the financial risk to the state and taxpayers and the need for other approaches, including transit. They pointed out that the recently released Draft Environmental Impact Statement (DEIS) clearly showed the extensive environmental damage the highway expansion would create, the harm to public health, and importantly, that the project would increase -- not mitigate -- traffic congestion.

The speakers called for a pause to the project, regulations to prevent public-private-partnership (P3) financial risks, and collaboration among legislators in the General Assembly to pass critical legislation in the 2021 session, which convenes January 13, 2021. The senators must work with the delegates to pass bills that will reform the State’s P3 process.

ACTION ITEM

Write Your Public Officials and Legislators.
Tell them this project poses financial risks to Maryland taxpayers and must be stopped.

WriteComptroller Peter Franchot in care of his Board of Public Works (BPW) point person at: aklase@marylandtaxes.gov, and tell him to call for a halt to the P3 procurement process. Mr. Franchot has the deciding vote when the BPW considers the P3 project.

Write your state legislators, refer them to the November priorities hearing testimonies, and tell them to pass legislation to stop this project and protect the State’s fiscal stability. Enter your address on the website Find My Representatives to identify your Maryland legislative district, state senator, and state delegates. Then get their contact information at Montgomery County Delegation.

WriteDelegate Kumar Barve, Chair, House of Delegates Environment and Transportation Committee, and tell him to introduce P3 bills early in the session so there is time to get them passed in the Senate.

Write Secretary Greg Slater, Secretary of Transportation, Maryland Department of Transportation (MDOT). Tell him MDOT must pause the I-495 & I-270 Public-Private Partnership (P3) Program. Secretary Slater spoke with regional transportation officials at the 2020 Capital Region Transportation Forum on November 18. He said that the planning horizon is different since the pandemic and has given us opportunities to consider innovation. Remind Secretary Slater of his commitment to multi-modal options, including transit.

U.S. Department of Transportation Analysis of Transportation Challenges Post COVID-19

A November 19 presentation by the U.S. Department of Transportation about post-pandemic transportation issues included the following points:

Transportation will be different in the post-COVID era.
There will be unprecedented changes in commuting behaviors.
Pre-COVID programs and policies may be unsustainable or undesirable going forward.
Performance metrics for transportation need to be updated and recalibrated with post-COVID behaviors.
Telecommuting levels will be higher.

Comments on the DEIS

Thank you to all of you who sent written comments on the DEIS to MDOT. MDOT received almost 3,000 written comments during the comment period from July 10 until November 9. Comments ranged in length from less than a page to hundreds of pages and were submitted by individuals, organizations, and government officials and agencies.

The comments point out very deep failings in the DEIS. MDOT must respond to critical issues that were raised by the DEIS and write a final EIS (FEIS) that resolves the problems revealed in the comments. These resolutions must then stand up to review by federal agencies and possible judicial challenges.

MDOT says they are not currently able to provide a specific completion date for when the comments will be read and categorized.

MDOT Intends to Choose a Phase 1 Developer for Predevelopment Activities before Final Study Details are Publically Available

Despite projected post-pandemic changes in transportation, MDOT continues to move forward with this flawed project, and incredibly, is planning selection of a bidding team before the final details of the study are publically known. Their timeline reflects releasing a Request for Proposals (RFP) in December and selecting a proposer in March 2021.

The timeline also indicates the FEIS won’t be released until May. The Record of Decision (ROD), which is a public document that authorizes the transportation agency to proceed with design, land acquisition, and construction, is also planned for release in May 2021.

Thus, MDOT plans to issue the RFP before the legislature convenes in January and select a proposer before final documents are available for public review. In fact, with MDOT’s acknowledgment, potential concessionaires are already holding meetings with companies regarding pre-development subcontracting opportunities.

Recent Must Read Articles:

U.S. Navy strongly opposed to Capital Beltway widening project
Maryland Matters, Nov. 20, 2020
The U.S. Navy, in its response to the DEIS, stated strong opposition to Governor Hogan’s highway expansion project. The Navy also raised specific objections to the proposal, including the lack of transit alternatives. The letter from the Commanding Officer at Naval Support Activity Bethesda declared that the State cannot take any military property in Bethesda for construction of the toll road. The article can be found here and the letter from the Navy to MDOT here.

Possible legal challenges pose cost risks for Maryland toll lanes proposal
Washington Post, Nov. 27, 2020
The potential for a legal fight over Maryland’s highway plan grew more apparent when environmental groups, local officials, and project critics responded to the DEIS and said they will sue if their concerns aren’t addressed.