County Governments Just Said NO to Raising Water Bills to Pay for Toll-Lane  Construction

Water rates and toll lanes

On March 12, 2020, a joint meeting of the Transportation and Environment Committee of the Montgomery County Council and the Transportation, Infrastructure, Energy, and Environment Committee of the Prince George’s County Council was held with the Washington Suburban Sanitation Commission (WSSC). At this meeting the WSSC provided a report on possible impacts of the I-270 and I-495 road widening P3 Project on WSSC infrastructure.

WSSC announced that according to a new WSSC utility analysis, the P3 Project would require 70 miles of large water and sewer pipes to be relocated, costing between $1.3 billion and $2 billion, depending on the construction method used. Based on historical data that the Maryland Department of Transportation (MDOT) and WSSC split the costs, WSSC has estimated its cost to be $1 billion.

In its report to the two county councils, WSSC said some 2 million residents in Montgomery and Prince George’s counties would see added costs to their water bill.

MDOT cost projection

MDOT had originally calculated the costs to relocate water and sewer pipes to be $900 million. This cost estimate greatly underestimates WSSC projections. The utility said the state also hadn’t included $280 million in its estimate to move the 5.3-mile bi-county tunnel, a steel pipe seven feet in diameter that opened in 2015 adjacent to the Beltway. 

Who pays for moving the pipelines?

It is unclear who is required to pay for the cost of any water relocation for the proposed project. A 1958 memorandum of understanding (MOU) between WSSC and the then Maryland State Roads Commission designates who pays to move pipes for road widening projects -- the utility or the Maryland State Highway Administration. It depends on whether each stretch of land first had pipes or a road. This MOU remains in effect. 

However, the agreement does not address highway projects built as a public-private partnership. It is not apparent how the costs will be shared between WSSC, SHA, and a third party under a P3 program.

Promises broken

This huge potential increase in water bills for Montgomery and Prince George’s County residents is a complete surprise. In over two years of testimony and public meetings MDOT never mentioned footing a $2 billion construction bill to move water and sewer mains. Thus, taxpayers will pay for construction costs. This contradicts Governor Hogan's central promise that the toll lanes would be built at no real cost to taxpayers and only toll users would pay for the construction of the road.

MDOT response

MDOT said that it’s too early to determine the costs of relocating utilities because the state hasn’t completed a federally required environmental review of the project, a developer has not yet been chosen, and a contract hasn’t been drafted.

MDOT has not indicated who they expect to cover the costs of water and sewer line relocation. However, they have had meetings with WSSC and are creating a joint working group to address these concerns.

Letter from Montgomery and Prince George’s County Councils

On May 14, 2020, the Montgomery County and Prince George’s County Councils sent a joint letter to MDOT Secretary Slater concerning the potential WSSC rate increase for infrastructure relocation. The Councils are opposed to their residents paying for any related costs. According to the letter, the Councils will not approve any WSSC Water Capital Improvement Program that includes such costs and associated rate increases. The Councils request that MDOT address WSSC’s analysis prior to proceeding with the Managed Lane P3 process.

See: 

ACTION ITEM

Add your voice by writing Maryland Department of Transportation (MDOT) Secretary Greg Slater and stating your agreement with statements from the County Councils’ letter. Tell him to require the concessionaire to pay all related construction costs. WSSC ratepayers should not face significant increases in our water bills to cover the P3-associated costs.

Sample Letter

Dear Secretary Slater:

On March 12, 2020, the Washington Suburban Sanitation Commission (WSSC) told the Montgomery and Prince George’s County Councils that moving water and sewer utilities as part of the I-495 and I-270 toll lane construction could cost as much as $2 billion. That means every WSSC customer in Prince George's and Montgomery Counties could see their water and sewer rates increase to relocate utilities for the Managed Lane P3 project.  

This is unacceptable! Governor Hogan promised that the I-270/I-495 P3 Program would not cost taxpayers a dime. These hidden costs are another reason for the state to not proceed with the proposed project. 

The Montgomery County and Prince George’s County Councils’ letter to you on May 14, 2020 stated that MDOT should ensure that the private concessionaire is aware of cost estimates associated with relocation of water and sewer infrastructure as part of the project and is responsible for paying these costs. The Councils stated that they will not “entertain any Water Capital Improvements Program that includes such costs and associated rate increases.” I commend the County Councils for this response and concur that MDOT must ensure that the concessionaire pay all related construction costs. WSSC ratepayers should not face significant increases in our water bills to cover the P3-associated costs.

With Maryland’s historic budget deficit due to COVID-19, I strongly request that MDOT freeze this project and spend its resources on urgent projects with undisputed value.

Sincerely,

Name

Home address

Watch the House of Delegates webinar with MDOT  

Delegate Marc Korman, Chair of the House Appropriations Subcommittee on Transportation and the Environment, is holding a briefing with the Maryland Department of Transportation to better understand COVID-19's impact on our transportation sector. 

  • Date: Wednesday May 20, 2020 

  • Time: 2:00 p.m.

Where: Virtual Zoom Meeting. More information will be available here prior to the briefing. A livestream link will be made available to the public before the start of the briefing.

Watch the Sierra Club meeting with Montgomery County Department of Transportation 

The Sierra Club, Montgomery County will hold a virtual meeting with Mr. Chris Conklin, Director of the Montgomery County Department of Transportation (MCDOT). Mr. Conklin, will share updates regarding the County priorities in regard to public transportation system including improvements to the infrastructure needs/challenges and what the County is doing to further improve the safety, effectiveness and environmental performance of the public transportation system.

  • Date: Monday May 18, 2020 

  • Time: 7:00 pm to 8:30 pm  

  • Where: Virtual Zoom Meeting

RSVP Sierra Club Montgomery County Bi-Monthly Virtual Meeting. You will receive the zoom information one to two days prior to the meeting.

Invite your friends and neighbors to join our e-mail list

This is a great way for them to stay current on what’s happening with the highway project and to learn how they can help fight this boondoggle. Go to https://dontwiden270.org/get-involved to sign up. And check out our website dontwiden270.org for more information. We even have a Spanish language section with translations of key documents.

Quick Update: Does Gov. Hogan realize he just explained why the toll-road project should not go forward?

Quick Update: Does Gov. Hogan realize he just explained why the toll-road project should not go forward?

“The economic fallout from this pandemic simply makes it impossible to fund any new programs, impose any new tax hikes, nor adopt any legislation having any significant fiscal impact, regardless of the merits of the legislation” (Gov. Larry Hogan, Washington Post, May 7, 2020).

The Governor was talking about his vetoes of recent legislative bills. But he might as well have been talking about the $11 billion P3 toll-road plan, which -- even now, against all reason -- is advancing behind closed doors. The project poses enormous risk to taxpayers -- especially now.

Talking Sense to the Transportation Powers-That-Be

With a pandemic-ravaged economy and great future uncertainty, it’s time for the State to pause the P3 project. DontWiden270.org recently urged MDOT Secretary Greg Slater and the MD Transportation Authority (MDTA) to do exactly that.

The MDTA oversees Maryland’s toll facilities and sets the tolls we pay. Here’s what DontWiden270.org’s Janet Gallant told Sec. Slater and the MDTA board at their April 30 meeting:

“Dontwiden270.org, with over 1,000 members, strongly advocates for fair, effective, multi-modal transportation, supported by evidence that it will actually work. Our organization is calling for a pause to the $11 billion P3 project and then a reassessment after the pandemic subsides. 

The State’s decision to forge ahead along the pre-pandemic timeline does not show good stewardship of Maryland’s financial well-being. The MDOT contracting process alone is costing taxpayers tens of millions of dollars. This, despite projections of massive state budget cuts and enormous economic uncertainty. 

To continue the P3 contracting process now ignores the extraordinary risks to taxpayers. All of the current project’s key financials, including the all-important projected tolls, are based on assumptions and projections that no longer apply. The underlying business case and risk assessments are made obsolete. 

No one knows how bad the fiscal hits will be. No one knows how many businesses will adopt telework, how many jobs won’t come back, and what post-pandemic traffic patterns will look like. 

Most particularly, no one knows how much higher tolls will have to be to offset the heightened risks.

Any contractor for this project would ensure that -- one way or another -- the State and its taxpayers share the risks, including the risk of insufficient toll revenues and WSSC’s recently revealed $2 billion charge for utility relocations.

We are asking for a pause and reevaluation of this project because that is the smart and sensible way to position our state for what’s coming.” 

(These comments are also available at DontWiden270.org.)

ACTION ITEM: Tell Greg Slater to Put the P-3 Project on Hold NOW

Tell Secretary Slater to pause the toll-road project ASAP and reassess after the pandemic has passed. Sec. Slater has gone out of his way to invite input: “Every ounce of comment, every ounce of feedback, every minute of collaboration is important to me and it’s important to the project as it develops” (Maryland Matters, May 1, 2020).

So let him know why you think continuing this project is a huge mistake. Encourage your friends and neighbors to write, too. 

Toll-Setting May Give Us the Edge

The MDTA will start the process of setting maximum tolls for the P3 toll lanes this summer, and will hold public hearings on toll rates in the fall. According to Ben Ross, chairman of the Maryland Transit Opportunities Coalition, “This can be a turning point in the toll lane debate. If we make this a big enough issue, the high tolls will become politically toxic and force the project's political supporters to back down.”

Look for DontWiden270.org updates on tolls, toll-setting hearings, and all related action items.

Valuable Reads 

See the latest news about transportation issues and the status of the P3 project

The DontWiden270.org website has a tab with relevant news articles dating back to August 2018. You can follow the sequence of events over time and stay up-to-date on current reports. New articles are posted weekly.   

Invite your friends and neighbors to join our e-mail list

This is a great way for them to stay current on what’s happening with the highway project and to learn how they can help fight this boondoggle. Go to https://dontwiden270.org/get-involved to sign up. And check out our website dontwiden270.org for more information. We even have a Spanish language section with translations of key documents.

Pause the P3 Project

You Have Made a Difference!

At a recent Citizens Against Beltway Expansion (CABE) town hall, county and state legislators emphasized that public advocacy has exerted considerable influence on the I-495 and I-270 P3 project. This advocacy has resulted in significant changes, for example, requiring 10 percent of future toll revenues to fund mass transit. It was emphasized that we need to continue to make our voices heard.

Gov. Hogan’s Spending Freeze Does Not Apply to P3 Project
Despite the pandemic, Governor Hogan and the Maryland Department of Transportation (MDOT) are still planning to push this project forward on the previously proposed timeline. In fact, the spring 2020 P3 Project Newsletter states that “MDOT remains committed to advancing all efforts associated with the I-495 & I-270 Public-Private Partnership (P3) Program during the COVID-19 emergency..."

A Pause is Needed
We and our coalition of advocates believe MDOT must pause this project until after the coronavirus pandemic subsides. The global pandemic makes long-term planning impossible. There is no need to complete the project within the previous timeframe since it is unclear what the long-term effects of the pandemic will be on the regional economy and commuting behavior. 

Teleworking May Reduce Congestion Permanently
Tens of thousands of people are now teleworking. Many are finding it efficient and may ultimately prefer it to commuting. Employers are also seeing its benefits. I-270 and I-495 are not congested now. Although some people will resume commuting when allowed, others will continue to work from home. The effectiveness of the P3 project to reduce congestion was already disputed by many studies, and now the very congestion is in question. 

P3 Process Should Be Put On Hold
During this time of unprecedented health and fiscal emergency, the State should immediately redeploy employees working on the P3 program and put the P3 bidding process on hold. There must be time to consider whether the $11 billion plan to widen I-495 and I-270 is really reflective of future needs and if the project as designed will be relevant for the future. The Managed Lanes decision will affect the region and the State of Maryland for decades into the future. MDOT needs to develop a timeout plan, including reprioritizing processes now and continuously as things change over time.

Environmental Impact Statement (EIS) Draft is Due for Release
An EIS, mandated by federal law for certain projects, outlines the impact of a proposed project on its surrounding environment, including potential impacts to socioeconomic, cultural, and natural resources. An environmental decision document under the National Environmental Policy Act (NEPA) must be approved by the Federal Highway Administration before final design and construction can begin.

The Public Comment Period for Draft Environmental Impact Statement Needs to be Extended
A Draft Environmental Impact Statement (DEIS) for the I-495 & I-270 Managed Lane Study is currently scheduled for public review in spring 2020, followed by a series of public hearings in the summer of 2020. Comment periods for all DEISs must extend for 45 days after the Environmental Protection Agency’s (EPA) publication of the Notice of Availability in the Federal Register. MDOT has said they believe in-person public hearings are important. Although there has been discussion about the amount of time between releasing the DEIS and holding public hearings, MDOT has not announced a plan to extend the public comment period.

ACTION ITEM 

Dontwiden270.org believes MDOT needs to acknowledge the current covid-19 situation. We are calling for a “pause” on this P3 Project. But the DEIS is reportedly just days away from being released. 

Obviously, public meetings cannot take place under current conditions. Write MDOT Secretary Greg Slater and tell him that there must be a long and extensive comment period to allow Maryland residents to focus on and effectively participate in the consequential decisions related to the I-495 & I-270 Managed Lane Study. The public must be given sufficient time to review the DEIS analysis and comment on the project and express concerns about associated environmental impacts.