Hogan Admin Backs Away from Promises That Highway Projects Won't Take Homes

In Committee Hearing, Secretary Rahn Refuses to Guarantee Highway Projects Won’t Take Homes, Stay within Existing Right-of-Way

On Tuesday, Maryland Transportation Secretary Pete Rahn undermined months of his and Governor Hogan’s promises that the Governor’s plans for I-270 and I-495 wouldn’t require paving over any homes.

During a joint hearing of the Appropriations and the Environment & Transportation Committees, Rahn allowed for the possibility that the project could require going beyond existing rights-of-way (ROW.) Furthermore, he refused to commit that no homes would be taken, instead saying that MDOT plans to emphasize that desire with prospective bidders for the project.

Rahn’s new statements stand in contrast to what he told Montgomery County elected officials during his Department’s “Road Show” in Rockville in October. As MyMCMedia reported, Rahn told elected representatives from Montgomery County that “The improvements can be done within existing right-of-way without having to take anyone’s home,” Rahn said. “The answer is no, we’re not going to take your home.”

In fact, Rahn had to stress this point under questioning by Senator Cheryl Kagan, who pressed him on the issue. Bethesda Magazine captured the exchange:

“But state Sen. Cheryl Kagan, a Democrat who represents Rockville, wasn’t convinced, when a few minutes later, Rahn said there were “no plans” to raze any homes.

“Mr. secretary, I’m a word nerd. I just want to clarify something. Earlier you said ‘we will not.’ Just now you said ‘we have no plans.’ Plans can change,” she said.

Rahn than reassured Kagan definitively that no homes would be taken.”

The Hogan administration’s promises were first recorded and shared publicly Labor Day, when Gov Hogan made that promise to me during the Gaithersburg Labor Day parade and repeated it to news outlets WTOP and MyMCMedia shortly afterward.

Yet, during a legislative hearing in Annapolis, Secretary Rahn backpedaled and said something quite different to the legislators in the hearing. When asked about staying within existing right-of-way and impacts on homes, Rahn said MDOT “can learn from the private sector what they are viewing as how they will address the very difficult task of placing roads and bridges within this corridor and not having to take homes, not going beyond existing Right-of-Way unless it is absolutely positively necessary.” (Video of the hearing is posted here; Secretary Rahn’s comment occurs at 1:09:40.)

Well that clears things up. Secretary Rahn and the Governor have actually been promising to the public and elected officials that they’ll only take away homes if it is absolutely positively necessary? Based on the judgment of a private contractor who has no accountability to voters and residents? Even his use of the powerful double adverb doesn’t provide all that much assurance.

That wasn’t all. In response to questions about rights-of-way, eminent domain and homes from Delegate Marvin Holmes (District 23B, Prince George’s County), Secretary Rahn would only go so far as to say “Our direction to the P3 proposers will be that we stay within existing right of way would be #1 preferred; and #2 if we were to have to go [beyond the right of way] that no homes will be taken. So we’re being very specific that we don’t want to impact homes. I don’t believe we’re going to have to use eminent domain.” (Video of the hearing is posted here; Secretary Rahn’s comment occurs at 1:27:45.)

That doesn’t sound like much of a promise, or a guarantee. Clearly, while Hogan and Rahn have been telling some elected officials and citizens that they will definitely stay within existing rights-of-way and no homes will be taken, that isn’t what they are telling P3 proposers (in fact, by saying the state will direct P3 proposers, Rahn makes it sound as though MDOT hasn’t yet told prospective bidders about his ROW and no homes taken pledges.) And obviously not what they tell legislators when in the formal setting of a legislative hearing.

HB-91 would require the State to finish the formal process of analyzing the options for a project before moving ahead to solicit bids. If adopted, it would mean that lawmakers would have much more information about projects they are supposed to review before bids are solicited and contracts written - such as what the project is, what it would cost, how it would affect surrounding neighborhoods, the environment, and various risks and benefits to the state.

Citizens Against Beltway Expansion (CABE), the Maryland Transit Opportunities Coalition (MTOC) the Southern Alliance for Rapid Transit (SMRT) and MD Sierra Club testified in support of HB-91. MTOC worked in an endorsement of HB-102 which would give counties a say over whether toll roads can be built within their limits.

DontWiden270.org encourages all concerned citizens to contact their Maryland Legislators and urge their support for HB-91 and other bills such as HB-102 which would both protect homeowners from the Governor’s current highway plans and require a more thorough and thoughtful process before privately-funded projects can leap ahead without sufficient public review and input. We’ve got a running list of such bills here; and you can find out who your Representatives are here.

 

 

Round-up of Proposed Legislation Concerning Hogan's I-270 / I-495 Plans

Issue Background:

Governor Hogan announced a public-private partnership (P3) in September 2017 to address congestion on I-270 and I-495. The proposed P3 Program would include developments on over 70 miles of I-495 and I-270 in Maryland; some of the options include widening I-270 by as many as four lanes.

In addition to putting homes and neighborhoods at risk, the transportation sector is the largest contributor to greenhouse gas emissions in the United States. Maryland passed the Greenhouse Gas Reduction Act of 2016 to reduce statewide greenhouse gas emissions by 25% from 2006 levels by 2020 and by 40% from 2006 levels by 2030. To comply with this regulation, a bill is being proposed that would require a greenhouse gas emissions study for every major highway project in the State.

Support Pending Bills to Protect Our Homes and Neighborhoods from Governor Hogan’s Highway Plan. Contact your Maryland legislators (each of us are represented by 3 Delegates and 1 Senator) and urge them to support the following bills:

 HB-102: “Toll Roads, Highways, and Bridges – County Government Consent Requirement - Expansion”. Delegate Brooke Lierman (District 46, Baltimore City) introduced HB-102 on January 18, 2019 along with 21 co-sponsors from 7 counties. The bill would expand to all counties in the State a prohibition on State agencies constructing a toll road, highway, or bridge without the consent of a majority of the affected counties. This would give Montgomery County residents more of a say about Hogan’s plan. The bill is currently in the House Environment and Transportation Committee for a first reading.

HB-91: “Public-Private Partnerships – Presentation Reports – Environmental Impact Statement Requirement”. HB-91 was sponsored by Delegates Al Carr (District 18, Montgomery County) and Marc Korman, (District 16, Montgomery County). The bill was prompted because the Hogan administration is attempting to rush the I-270/I-495 schedule by getting approval to solicit bids on the project even before the environmental review is complete, which means lawmakers would essentially be allowing a $9 to $11 billion check to be written without knowing what they are getting. If adopted, the Hogan administration would have to complete the process of weighing all 15 alternatives for the project before resubmitting the pre-solicitation report.

This bill would apply to all P3 projects, including the current highway proposal and any that come after. The House Appropriations and Environment Committee and the House Transportation Committee meeting held a joint hearing on the bill on January 22, 2019. The bill will now go before the full House of Delegates. If it passes, it will be sent to a Senate committee and then to the full Senate. It will then go to Governor Hogan to sign. If he vetoes it, the bill will go back to the full Legislature, where if there are enough votes, the veto will be overridden.

Additional bills in development:

Vaughn Stewart bill: “Transportation Climate Accountability Act of 2019” 

Delegate Vaughn Stewart (District 19, Montgomery County) plans to sponsor a bill that would require the State to clearly and explicitly measure the greenhouse gas emissions, other air pollution, and impact on water quality that would result from proposed large transportation project investments. Read more.

Sara Love bill 

Delegate Sara Love (District 16, Montgomery County) plans to introduce a bill that would codify Governor Hogan’s promise to protect homes.  It’s modeled after a law that was passed to protect homes during the Red Line expansion.

 

 

 

DontWiden270 Bulletin Vol. 1, No. 1 - January 2019

DontWiden270 Bulletin
Volume 1, Number 1
January 2019

 


Welcome to the first issue of DontWiden270’s Bulletin to share current information on Governor Larry Hogan’s I-495 & I-270 P3 Program with individuals and communities along the I-270 corridor.

Hot News: 
State Senator Cheryl Kagan and Delegate Kumar Barve discussed their opposition to widening the footprint of I-270 in the Rockville area during the District 17 send-off event on Sunday, January 6th to discuss legislative priorities. Check out video of the whole event, or some of Senator Kagan’s and Delegate Barve’s remarks on the issue.

 

Senator Kagan and Delegate-elect Palakovich-Carr wore DontWiden270 badges during the District 17 send-off event on January 6th.

Issue Background:

Governor Hogan announced this public-private partnership (P3) in September 2017 to address congestion on I-270 and I-495. The proposed P3 Program would include developments on over 70 miles of I-495 and I-270 in Maryland; some of the options include widening I-270 by as many as four lanes. Not only would this devastate the neighborhoods where homes could be paved over to make room for additional lanes, studies repeatedly show that widening highways is ineffective at addressing congestion long-term. This P3 Program does not seriously consider other options, such as mass transit.
 
Volunteers Needed:
Want to help ensure our homes and neighborhoods are protected from Governor Hogan’s highway plans? We need you! DontWiden270.org is an all-volunteer effort. If you can help with any of the following, please let us know at dontwiden270@gmail.com:

  • Website updates (posting new information) and website improvements (such as adding capacity that makes it easier for people to take action.)

  • Educating people in your neighborhood about what’s going on.

  • Research to help us better inform the public, media and elected officials. There’s lots to look into and information to organize about the highway planning process, specific proposals the state is continuing to examine, and fact-checking claims and statements about the issue.

  • Identifying opportunities to pressure Governor Hogan, Secretary Rahn and other elected officials to make sure the highway isn’t physically widened.


Recent Events:

  • December 19, 2018:  The Maryland Board of Public Works awarded a $90 million contract to Maryland Traffic Relief Partners to provide comprehensive engineering and support services for the Project. The contract was approved by Governor Hogan and Comptroller Peter Franchot but Treasurer Nancy Kopf abstained stating she remained skeptical about the possible environmental impacts.

  • December 17, 2018:  Maryland State Delegation Bill Hearing. Delegate Al Carr (District 18) presented his bill MC 8-19, which would require authorization from Montgomery County before any state agency could acquire or construct any toll road, highway or bridge in Montgomery County. Eighteen citizens and organizations – including DontWiden270.org founder Pete Altman testified in support of the bill; five people, including some tied to the road building lobby, testified against the bill. A subcommittee of the Maryland House Environment and  Transportation Committee will meet January 15th to discuss the bill.

  • December 13/14, 2018:  The Maryland Department of Transportation(MDOT) presented a Business Project Plan at an international industry forum and held one-on-one meetings with potential concessionaires and contractors interested in the P3 Program. 

  • December 11, 2018:  MDOT submitted a Pre-Solicitation Information Report to the Board of Public Works to hire a private firm to design, build, operate and maintain toll roads on I-495 and I-270. MDOT is currently considering delivering the P3 Program as a series of long-term design-build-finance-operate-maintain revenue risk concessions. Each concession would encompass a portion of the I-495 and I-270 P3 Program and be solicited in phases. MDOT’s estimate for the Project has increased from $9 billion to $11 billion.


Ongoing Activities:

The M-NCPPC report also expressed concern that the Managed Lanes Study Area encompasses many sensitive environmental features and any build alternative that accommodates lane expansion along the existing highway network will significantly alter or completely eliminate the functionality of these environmental features.
 
Looking Ahead:

  • February 2019:  MDOT to release “Alternatives Retained for Detailed Study” (ARDS), which will identify the selected designs for toll lanes or alternatives.

  • Spring 2019:  MDOT expects to identify its Preferred Alternative.

  • Fall 2020:  A final EIS and Record of Determination will be released by MDOT.

  • Public workshops are planned for Winter 2019 to present the Screened Alternatives and detailed analysis.


What You Can Do:
Our homes and neighborhoods are threatened by Governor Hogan’s plan to widen I-270 and I-495. State officials have repeatedly provided conflicting and evasive responses to public inquiries. Our representatives in the Maryland General Assembly need to hear from you. There are many issues for Legislators during the 90-day session, and we need to make sure Governor Hogan’s highway project is at the top of their list. Maryland's 17th district (sections of Rockville and Gaithersburg) is represented by Senator Cheryl Kagan and Delegates Kumar BarveJim Gilchrist, and Julie Palakovich Carr.  Refer to the list of legislators by County and District for other legislative districts. Please contact your State representatives and let them know how critical it is that they make this issue a priority in the current legislative session, which begins January 14th.
 
Show support for the City of Rockville Mayor and Council, who have vigorously advocated for Rockville property owners. The December 30th  Rockville Reports lists under priorities approved by the Mayor and Council, ensuring  that no Rockville homes, businesses or infrastructure are taken by the proposed project to widen I-270.
 
Please share information about DontWiden270 with friends and neighbors who live along the I-270 corridor and Citizens Against Beltway Extension (CABE) for those who live along I-495. Ask them to join the mailing lists and stay informed.
 
Contact DontWiden270@gmail.com if you have questions or comments on the issues presented in this newsletter.