TOLL-LANE HIDE AND SEEK

Toll lane policy is supposed to be public policy. The public needs to know how the Moore Administration is advancing its mega-billion-dollar toll lane plan in the midst of significant opposition and economic and environmental uncertainty.

But the public’s need to know keeps running into the Administration’s seeming preference for silence about multiple substantive toll-lane issues. MDOT withholds key information (see examples below) and puts out unclear PR materials and mixed messages. Is lower I-270 in the toll lane plan or out? And why – why? – is MDOT supporting Virginia’s plan to build toll lanes in Prince George’s County, MD?

Take a look below at the updates on these and other toll lane questions and issues we’d like MDOT to talk about publicly in a straight-forward, honest way. Then please follow the easy action item to help spread the word. Thank you!

MDOT signed an alarming toll lane agreement last month – and didn’t tell the MD public or, apparently, our local officials

MDOT’s agreement with the VA Department of Transportation permits VDOT’s private contractor to construct electronic toll lane signs in Montgomery County, and allows VA to initiate acquisition of right of way and relocate utilities in MD (pp. 3-44; maps start on p. 36). The agreement also gives private toll-lane giant Transurban a potential new role in MD: “…all responsibilities and obligations of VDOT allocated herein may be conducted or fulfilled by VDOT’s developer…contractor or agents” (p. 26).

Section 7, in particular, covers requirements that are way out of scope for a signage agreement: tolling and operational systems, overall project design changes, and the obligation of VDOT and MDOT to negotiate a new bi-state agreement for the AL Bridge and I-270.

MDOT has a long way to go to build trust after signing this agreement; at a minimum, they should have given our elected representatives and local officials a heads-up and opportunity to comment, even if that is not required by law. This agreement’s startlingly broad scope leaves doubts and big unanswered questions, including about MDOT’s intentions for the entire I-495/I-270 toll lane project.

Events may complicate MDOT’s application for federal funding

To fund the toll lane project, the Moore administration has applied for two federal grants (here and here) for a total of $3.1 billion, after being denied federal funding last year. But securing these funds is not a sure thing because:

  1. The US government has already pledged up to $1.9 billion to replace the Key Bridge and may not award MD any additional billions, including for the American Legion Bridge (which needs repair but not replacement); and

  2. The Moore-Hogan toll lane project is once again the subject of a significant legal challenge, namely the May 2024 appeal of findings in the lawsuit filed by the Sierra Club, National Trust for Historic Preservation, and the NRDC.

If federal funding fails, the Governor may make the unfortunate choice to go with a for-profit, public-private partnership. That would mean, per MDOT Sec. Wiedefeld, it’s the taxpayers who will pay.

Why won’t MDOT tell us WHY it’s going along with VA’s plan to build toll lanes in Prince George’s County, MD?

VDOT is proposing to build Southside toll lanes across the Woodrow Wilson Bridge into Prince George’s County as far as Oxon Hill. Amazingly, MDOT is still supporting the project, though it has not given a reason, substantive or otherwise. MDOT has not explained why, on the one hand, it has withdrawn its own study of I-495 toll lanes from east of I-270 to the Wilson Bridge (p. 5), while on the other hand supporting the Virginia study to build toll lanes within that same portion of the Maryland Beltway.

The Southside project is bad for Maryland and the region: it would create a new traffic bottleneck at Oxon Hill where the toll lanes terminate, and it would likely end chances of WMATA’s Blue Line eventually crossing the Wilson Bridge.

The Prince George’s County Council has proposed removing the Southside project from the regional Transportation Planning Board’s (TPB’s) long-range plan. TPB members, including MDOT, will vote on the proposal on June 20. Watch the live vote here to see what the TPB and MDOT do.

MDOT’s ultimate mixed messages re: toll lanes on lower & upper I-270

First, lower I-270. At the regional TPB’s May 2024 meeting, MDOT could provide no functional, public-serving reason to impose toll lanes on lower I-270, including through Rockville. MDOT’s own Innovative Congestion Management System has already mitigated congestion on that portion of the highway. MDOT itself told the TPB, “No active design or planning [for this segment] is planned to be advanced by this Administration as we focus on sections to the south and north” (p. 8). Yet MDOT still insisted that construction of toll lanes on lower I-270, with an implementation date of 2045 (which can be changed at any time), be included in the TPB’s long-range plan.

Rockville officials stayed strong. Despite MDOT’s disappointing action, Rockville Mayor Monique Ashton – unanimously supported by City Councilmembers Kate Fulton, Barry Jackson, David Myles, Izola Shaw, Marissa Valeri, and Adam Van Grack – continued the City’s powerful record of evidence-based opposition to the toll lane project and support for transportation alternatives that serve the public’s real needs.

Upper I-270. MDOT’s open house materials from fall 2023 said the following about plans for upper I-270: “A National Environmental Policy Act (NEPA) study will be performed to evaluate equitable, environmentally sensitive, and multimodal solutions to address transportation needs.” Sounds good, but in reality, the outcome of the NEPA study of upper I-270 seems already predetermined: toll lanes. That’s what MDOT submitted for inclusion in the regional TPB’s current long-range plan (see p. 38, lines 190-194).

ACTION ITEM: Help spread the word!

Staying current on the Moore-Hogan toll lane plan is a challenge for everyone, particularly the general public not connected to advocacy and grassroots organizations. MDOT’s websites offer the look of news but not the substance or timeliness the public needs. The Washington Post rarely covers toll lane issues. We are grateful to online publications like Maryland Matters – they’re some of our best sources for updates. But overall, our area lacks comprehensive coverage of the toll lane story.

So all of us have to help get the word out to those who aren’t following the issues as closely as we are. Please widely share this newsletter and other relevant outreach you get from Citizens Against Beltway Expansion, the Sierra Club, the Action Committee for Transit, Maryland Transit Opportunities Coalition, the Coalition for Smarter Growth, and others.

Make sure people you’re in contact with know that the harmful and inequitable toll lane project is still a priority for the Moore Administration.