The Maryland General Assembly’s 2020 session convened January 8 and will adjourn April 6. The “Opposite Chamber Bill Crossover Date,” is March 16. This is the last date for each chamber to send bills it intends to pass favorably to the other chamber in order to have a chance of clearing both chambers and making it to the governor’s desk this session.
Bills that aren’t passed will have to be reintroduced in the 2021 session, which convenes January 2021. There will likely be many late night legislative meetings in order to pass bills before the session is adjourned. To date, only one bill of the nearly 3,000 in the 2020 session has been enacted.
ACTION ITEM
Write Chairman Kumar Barve in support of HB292. He must pass it out of committee and onto the floor to give other delegates a chance to vote. Many delegates support the “County Consent” bill, but unless Chairman Barve brings it up for a vote, they won't be heard and it will die.
E-mail Delegate Barve (kumar.barve@house.state.md.us) even if you have written him before. Tell him you support the “County Consent” bill (HB292) and ask him to report it out of committee.
Definitely state if you are a resident in Delegate Barve’s District 17. Tell him that passing HB292 is critical for his constituents, who will bear the full brunt of the construction, environmental degradation, and community disruption.
He has noticed how many letters he has received on this bill and we must keep the pressure on him. Be sure to include your home address in the e-mail.
Status of the I-495 & I-270 Public-Private Partnership (P3)
In September 2017, Governor Hogan announced his plans to add new lanes to I-270 in Montgomery County and to I-495 using a P3 program, allowing private sector firms to finance highway construction in exchange for collecting tolls. We have assembled this timeline based on currently available information from Maryland Department of Transportation (MDOT) and other sites:
June 2019: The Board of Public Works (BPW) voted to designate the Governor’s proposed I-270 and I-495 projects as a P3 and approved the proposed plan for selecting developers.
January 8, 2020: The BPW approved the Governor’s proposed toll-lane plan with amendments, including delivery of the entire P3 Program in phases.
April 2020: A Statement of Qualifications (SOQ) from potential contractors is due. Those on the shortlist of qualified contractors will be notified in June 2020.
May 2020: A study of potential environmental impacts is expected to be published for public review with public hearings in June 2020.
February 2021: P3 proposals are due with selection of concessionaires in March 2021 and execution of the P3 agreement in May 2021.
Fall 2022: Projected ground breaking of the first section.
The contracting process is going on behind closed doors and the MDOT resources are opaque, These dates are subject to change or may have already changed. We will continue to inform you of the status of the I-495 and I-270 P3 as information becomes available.
Status of Key Transportation Legislation in the Maryland General Assembly
Five bills currently under consideration this legislative session could directly or (in most cases) indirectly affect the plan to add toll lanes to lower I-270. These are:
HB292 (SB229) “County Government Consent Requirement”
This bill would require that a state agency receive the express consent of a majority of the governments of the affected counties before constructing a toll road, highway, or bridge within the affected counties. The nine counties of the Eastern Shore are able to block such new toll facilities because of a law that’s been on the books since 1978. Under this bill, the requirement would be expanded to apply to all counties in the State.
Dontwiden270.org believes that HB292 would promote collaboration between the State and the counties. The focus would be on multimodal solutions, allowing our county leaders to engage in genuine cooperation on a region-wide transportation system, and not paving more lanes of highway. HB292 is our best hope for preventing high tolls, worse congestion on I-270, a multitude of negative impacts to Rockville and nearby communities, and a possible financial fiasco for Maryland.
Status of SB229 and HB292: A hearing on SB229 was held in the Senate Finance Committee on January 29. The bill is currently on hold in the Committee. The hearing on HB292 was held February 13 in the House Environment and Transportation Committee. HB 292 is currently pending in the House, waiting for Chairman Barve to allow the Committee to vote on it.
[Note: Senator Mike Miller, formerly President of the Maryland Senate, just introduced SB1069, which would repeal the current prohibition in the Eastern Shore counties.]
HB299 “P3 Projects – Prohibition of Real Property Acquisition”
HB 299 would limit the taking of private property through eminent domain (the power of the government to take private land for public use) to expand I-495 and I-270 with P3 toll lanes.
Status of HB299: A hearing was held in the House Environment and Transportation Committee on February 11. No further action has been taken. There is currently no Senate counterpart.
HB1249 “MDOT Promises Act of 2020”
HB 1249 puts into statute all the promises that MDOT made to government agencies and the public when seeking approval for the I-495 & I-270 P3 from the BPW. Promises made by MDOT that would be codified include no taxpayer costs; 10% or more of toll revenue for transit; bus access to the toll lanes for free; and MDOT will share modeling data with local officials.
Status of HB1249: A hearing was held in the House Environment and Transportation Committee on March 5. Opponents of the bill said that there needs to be a process for change. No further action has been taken to date. There is currently no Senate counterpart.
HB1424 “Public-Private Partnerships – Process and Oversight”
HB1424 would amend the current P3 oversight and review process by adding legislative oversight for P3 transportation proposals. The bill would increase transparency, allowing legislators and the public to have information needed to understand the impact of a project. It also gives the General Assembly up to a year to review and nullify previously approved P3 designations.
The bill also establishes a P3 Oversight Review Board that will review pre-solicitation reports for transportation projects over $500 million and provide a report to the BPW and the Budget Committees. It would require that independent auditors conduct a rating assessment survey for every contract under a large P3 agreement before the BPW can vote on it. It would also require that a completed Environmental Impact Statement (EIS) be included in each pre-solicitation request.
Status of HB1424: A hearing was held in the House Environment and Transportation Committee on March 5. Opponents of the bill stated it would delay P3 projects and that BPW review is sufficient. No further action has been taken to date. There is currently no Senate counterpart.
HB1220 “P3 Rates --No Lexus Lane Act”
HB1220 requires a P3 agreement for a project involving road, highway, or bridge assets to prohibit toll rates that exceed 10 cents per mile. However, the bill also permits the toll rates to exceed 10 cents per mile with the approval of the BPW. Thus, HB1220 would leave the ultimate-decision-making about the cap on tolls to the BPW, rendering the cap provision of questionable merit.
Status of HB1220: A hearing was held in the House Environment and Transportation Committee on March 5th. Opponents of the bill said that it could lead to underfunding of toll roads. .No further action has been taken to date. There is currently no Senate counterpart.
GOOD READS
The DW270 Media Archives tab has articles on the Maryland P3 project as well as other relevant transportation news dating back to August 2018. The list is updated weekly so that you can stay abreast of current news.
Opinion: Highway P3 Process Has Lacked Transparency, Maryland Matters, February 13, 2020.
Read transportation expert Ben Ross’s exposé on the financial dealings driving the Governor’s I-270 & I-495 P3 plan. This article deserves a widespread audience. Please pass the link on to others.
Per the article, Governor Hogan appears to have been altering the P3 proposal in ways that favor Transurban (the Australian company that has built most of Virginia’s toll roads) at the expense of Maryland taxpayers. The Governor made a trip to Australia in September for the announced purpose of seeking “opportunities for economic partnerships” with Australian companies. During this trip, he called on Transurban’s top executives as part of his quest to advance his yearlong infrastructure initiative. Cost estimates for toll lanes to be built by a P3 on I- 270 and I-495 are as high as $15 billion. Public investments of such great magnitude demand prudence, impartiality, and transparency. As the article highlights, what we have seen is a process sadly lacking in those attributes.
Hogan’s Magic Highways. Ride, February 18, 2020
Per the article, “We may look back and wonder why, in 2020, anyone thought it was a good idea to add even one more mile of road to serve the automobile. Magical though they may be, the toll lanes can never be made to disappear. Once they are built, we will be living with them for generations.”