Rockville Mayor and Council Tackle Concerns about I-270 Toll Lane Plan

June 28, 2020 DontWiden270

The City of Rockville will be the most critically affected municipality if I-270 is widened as proposed in the Maryland Department of Transportation’s (MDOT) Traffic Relief Plan.

All land that abuts I-270 in Rockville is developed, including nine Rockville neighborhoods, community institutions, churches, the Rockville Senior Center, and homes, businesses, and parks.

Moreover, the MDOT proposal requires that every bridge and overpass on I-270 in Rockville, including the two bridges the City owns, be rebuilt.

Reconstructing the bridges would be expensive and involve years of construction, detours, noise, pollution, and additional traffic on already congested secondary roadways.

For all these reasons, the I-270 proposal was a key agenda item at the Rockville Mayor and Council meeting on June 1, 2020.

Concerns and More Concerns at the June 1 Meeting

The Mayor and Council first heard testimony from multiple advocacy groups opposed to the I-270 toll lane plan, including DontWiden270.org (see testimony summaries and links, below).

Then the Mayor and Council received an update from City Department of Transportation staff on the I-495 and I-270 project. The Council expressed serious concerns that they have not been consulted by MDOT on issues that affect the City. The discussion led to a unanimous vote to send a letter to MDOT and other officials expressing concern about the project’s many impacts on Rockville properties.

You can view a video of the meeting (click on Mayor and Council meetings June 1; the presentation begins at time 1:15:00 and the Council discussion begins at time 1:30:00). You can also read the Mayor and Council’s previous letters of concern to MDOT (see pages 41-45 of the document).

TAKE ACTION

If you’re a Rockville resident, let Mayor Bridget Donnell Newton and the City Council know at mayorcouncil@rockvillemd.gov that you expect them to make opposition to the current I-270 toll lane proposal an ongoing top priority.

The City must also insist that decisions about I-270 be made between Rockville and MDOT through consultation, information sharing, and consensus. Issues to be considered include floodplain analysis, forest conservation, traffic on city streets, maintenance of city bridges, utility relocation, and noise barriers as well as any impact on public or private land.

What the Advocacy Groups Told the Mayor and Council

Representatives of four advocacy groups—Don't Widen 270, Citizens Against Beltway Expansion, Maryland Sierra Club, Maryland Transit Opportunities Coalition—presented testimony at the June 1 Council meeting about the toll lane project and its risk to the environment and the State’s financial well-being. Here are summaries and links to their full testimony:

Dontwiden270.org

Dontwiden270.org urged the City of Rockville to call on the Governor and the Secretary of Transportation to pause the toll-lane project during the Covid-19 pandemic. No one knows what post-pandemic commerce, employment, and traffic patterns will look like. All of the current project’s key financials, including the expected tolls, are based on assumptions and projections that no longer apply. The project needs to be reassessed after the pandemic subsides or stabilizes.
The complete DW270 testimony is here.

Citizens Against Beltway Expansion (CABE)

CABE stated its skepticism that the current plan can deliver less congestion at no cost to taxpayers or the general public over the 50 year contract period. Private sector traffic and revenue projections often prove over-optimistic, requiring considerable public support when revenues fall short. CABE urged the City to demand there be revised revenue and traffic projections that would be independently analyzed to identify taxpayer liabilities.
The complete CABE testimony is here.

Maryland Sierra Club

The Maryland Chapter of the Sierra Club addressed environmental concerns regarding the toll-lane project and asked the City to submit comments on the draft Environmental Impact Statement (DEIS) as soon as it is released for publication. The toll lane project can have serious environmental impact on city lands, facilities, and private properties. The Sierra Club also requested that the City call for an adequate comment period to review the DEIS.
The complete MD Sierra Club testimony is here.

Maryland Transit Opportunities Coalition (MTOC)

It is widely felt that Governor Hogan favors Transurban, an Australian company that holds public-private partnership (P3) toll lane contracts in Virginia, to receive the contract for the Maryland toll lanes. Governor Hogan even traveled to Australia in September 2019 and met with company leaders. Moreover, his Director of Intergovernmental Affairs recently resigned from Maryland state employment to become Transurban’s Maryland Government Affairs Manager.
The complete MTOC testimony is here.

Mayor and Council Letter to MDOT

A letter from the Rockville Mayor and City Council is being sent to MDOT expressing concern about the project, especially in light of the COVID-19 pandemic and the related uncertainties. The City is requesting that MDOT put a pause on the project and process until a new purpose and need is defined.

The letter states that it is not responsible to continue spending taxpayers’ money on preliminary design, environmental studies, and hiring a developer while the country is facing significant economic changes due to the pandemic.

The letter also requests specific action items concerning the current process:

There should be a 90 day time period for the public to review the DEIS
The City of Rockville would like to be involved in the RFP prepared by MDOT to ensure that all concerns voiced by Rockville are included
Transit must be included as a key project element
The Mayor and Council urge MDOT to protect the homes, businesses, and infrastructure of the Rockville neighborhoods that abut I-270

The letter will be posted on the Dontwiden270.org website as soon as it becomes publicly available.

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

May 17, 2020 DontWiden270

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.

Read the Washington Post coverage on this issue here.

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?

May 10, 2020 Clare Callaghan

**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

This article in Maryland Matters highlights the strong points made by critics of the toll-road project at the April 30 MDTA Board meeting.
Our partners at Citizens Against Beltway Expansion offer an eye-opening rebuttal of pro-toll-road arguments in Opinion: Two Responses on One Public-Private Tollroad Project.

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.