MDOT Releases 19,000 Page Draft Environmental Impact Statement (DEIS):

Local governments, grassroots organizations, and individuals tell MDOT the DEIS is flawed and the project has to stop.


In September 2017, Governor Hogan announced his plan to use a public-private partnership (P3) to widen I-270 and the Beltway (I-495) with express toll lanes. Private companies would design, build, operate, and maintain the new lanes and collect toll revenues for the next 50 years. Under Federal law, an Environmental Impact Statement (EIS) is necessary for the I-495/I-270 P3 proposal because the project would have significant environmental impacts.

On July 10, 2020 the Maryland Department of Transportation (MDOT) released its 90-pound, 18,000-page DEIS on the project. Then MDOT added 1,600 more pages! Public comments poured in before the November 9 deadline.

Incredibly, on the morning of November 9, the final day of the comment period, MDOT released tables of travel times on I-270 for the alternatives retained for detailed study. These tables were not included in the DEIS. Hiding these figures, which do not support significant time savings for any of the alternatives, and which were requested repeatedly by lawmakers and other individuals and organizations, is one more reason to send MDOT back to the drawing board. Read about this breaking development here and here.

The DEIS provided clear evidence of what would happen if this fiasco of a project is implemented: years of construction misery, damaged communities, detours and traffic snarls, major backups on secondary roads, and unaffordable tolls. The project would be a disaster for Maryland’s environment, finances, taxpayers, residents, businesses, and communities.


ACTION ITEM

For the moment, please just keep staying informed! We will notify you of new developments and future action items.

Thank You

Thank you for sending your comments on the DEIS to MDOT, Comptroller Franchot, Delegate Barve and the Montgomery County Council. And special thanks to so many of you who helped distribute door hangers and postcards encouraging yet more people to write letters to stop this project.

Public Feedback

As required by law, the State obtained testimonies and written comments on the DEIS from the general public. Individuals, community organizations, government agencies, and others voiced their opinions on the project and the DEIS.

  • Public Hearings:  

MDOT held four virtual public hearings and two in-person public hearings about the DEIS in August and September. Transcripts and recordings of the hearings can be found here. Select transcripts from testimonies by public officials and representatives of organizations and associations can be viewed here.

141 individuals provided oral testimony either virtually, in-person, or by voicemail.

  • 21 individuals (15%) testified in favor of the project. Most of these individuals were owners or employees of businesses connected to highway construction.

  • 84 individuals (59%) voiced opposition to the project by using the words "opposed to the project" or “I support the no build option.”

  • 36 individuals (26%) didn’t use those words, but said the DEIS was flawed and raised serious concerns about the plans for the project.













  • Written Comments:

Dontwiden270.org and Citizens Against Beltway Expansion (CABE) partnered on a massive get-out-the-comment campaign to encourage residents of Montgomery and Prince George Counties to write to MDOT opposing the P3 project. With the help of numerous volunteers, 1,000 pre-printed postcards were addressed and mailed and 12,000 door hangers were distributed to communities along I-270 and I-495. 

Written comments on the DEIS were accepted from July 10 until November 9. The comments will become part of the public record and are subject to release to the public through the Freedom of Information Act. 

Comments ranged in length from less than a page to hundreds of pages and were submitted by individuals, organizations, and government officials and agencies. Some organizational and government comments are listed below with links to the complete documents

The agencies and organizations felt the process should be halted and a new DEIS prepared that appropriately presents the impacts of the proposed project. Some common themes in the documents included:

  • There must be a commitment to public engagement and transparency.

  • The DEIS misrepresents the purpose and need of the project.

  • The DEIS only analyzes toll lanes and does not consider other alternatives or transit.

  • The DEIS does not consider harm to human health.

  • Environmental impacts are not adequately addressed.

  • The project will negatively impact local and national parklands.

  • The project disproportionately affects low income communities.

  • There is inadequate analysis of economic impacts to communities and financial risks to the State and taxpayers.

What Happens Next?

After the hearings and review of written comments, MDOT will refine the data presented in the DEIS and prepare the FEIS and a Record of Decision (ROD). The ROD will identify MDOT’s Preferred Alternative. These documents must be reviewed by numerous federal agencies and approved by the Federal Highway Administration. The FEIS and ROD are scheduled to be issued in Spring 2021 but delay is quite possible.

The P3 Agreement for Phase 1 of the project will then go to the Board of Public Works (BPW), which must approve the agreement before an award can be made. 

This P3 has a “Phase P3 agreement” and a “Section P3 agreement,” This two-step process means that the State picks the “Phase Developer (PD).” If approved by the BPW, the PD contractor will design the first segment of the toll lanes (from the American Legion Bridge to I-370).

The PD contractor and MDOT will then negotiate a Section Contract, under which the contractor will build the toll lanes and operate them for the next 50 years. The Section Contract, including toll-setting, financial guarantees from the state, and the requirements the toll lanes must meet, will be negotiated on a sole-source basis. This means the State cannot get multiple bidders as would be the case in traditional state financing and construction of a highway.

Construction is expected to start sometime in 2022. All dates are tentative and have been slipping from what MDOT projected. Legal challenges may delay the scheduled dates.

Recent Must Read Articles:

  • Two articles in Maryland Matters reported that underground power lines, large water and sewer pipes, and fiber-optic cables could face major disruption. MDOT officials said the State has not determined what underground assets will need relocating, what the cost will be, and who will pay. Read here and here.

  • A Washington Post article captured both the personal hardship to Maryland homeowners and businesses as well as the financial risk to the State caused by the Purple Line P3 and is a forewarning of the outcome of the much larger I-270 & I-495 P3. Read here.

Act Now, Before MDOT Closes the Comment Period!

Tell MDOT Why the Toll Lane Project Must Not Move Forward

Written comments on the Draft Environmental Impact Statement (DEIS) must be submitted by November 9 to be included in the public record. Let the Maryland Department of Transportation (MDOT) know you oppose adding four luxury lanes to I-270 and I-495. 

As a reminder, an Environmental Impact Statement (EIS) is a document that, according to Federal law, must be prepared when the proposed action will have significant environmental effects. The EIS is supposed to consider a range of alternatives and analyze the potential impacts of each.

This toll-lane project would be one of the largest of its type in the U.S. and is expected to cost $11 billion or more. The toll lanes will cause 4-5 years of construction misery at any given location, especially where interchanges and bridges have to be rebuilt. We need a balanced approach to traffic relief, which this project does not offer.


ACTION ALERT

Your Words Matter! Tell MDOT No Private Toll Lanes on I-270 and I-495

Submitting comments now on the DEIS and this flawed project is one of the most important actions you can take to stop the threat to our environment, our communities, and our pocketbooks. This webpage has the details on how to speak out to stop this fiasco. You’ll find guidance on writing comments about the DEIS and topics for discussion, including environmental concerns, social justice, and lack of transit alternatives.

Start by saying “I oppose the I-495 and I-270 project. I support the no-build option.” (Your comments must include these sentences to ensure MDOT counts you as opposed to expanding the highways.) Then use your own words to tell MDOT what you think of the toll lanes. 

  • Send your comments directly to MDOT at DEIS Public Comment Form:  Comments can be entered into the on-line comment box or by clicking on the link on the form to upload a file; or

To increase your impact, also send a copy of your comments to the following officials, and include your home address: 

Postcards and Door Hanger Distribution

Dontwiden270.org and Citizens Against Beltway Expansion (CABE) partnered on a massive get-out-the-comment campaign to generate thousands of comments to State officials to stop this 270-495-P3 project. Together, we distributed pre-printed postcards and door hangers encouraging residents to send letters to MDOT opposing this plan.

1,000 postcards were addressed and mailed.

  • 13,000 door hangers were distributed to communities along I-270 and I-495.

  • Note: Maryland Senator Cheryl Kagan displayed the door hanger at the annual MDOT “Road Show.” Great publicity!  Watch it.

    This mammoth endeavor would not have succeeded without help from many volunteers. We are so appreciative and grateful to everyone. Thank you to Holly Syrrakos, who designed the flyers, cards, and door hangers; to Mark Pierzchala for initiating and coordinating the campaign and providing maps and so much more; to Patrice Davis for helping oversee hanger distribution; and to everyone who volunteered to address postcards, deliver door hangers, and forward our flyer. Your efforts on behalf of this campaign were truly amazing. We could not have done this without you.

Now We Know:  The Tolls Will be Sky High  

Traffic experts at the Metropolitan Washington Council of Governments (MWCOG) estimate that drivers will pay $49.63 to go one way from Frederick to Shady Grove in the morning rush hour if toll lanes are built on I-270.

The MWCOG projection was calculated from information on page 883 of Appendix C of the DEIS. It says the morning rush-hour toll from MD Route 85 in Frederick to I-370 in Shady Grove will be $2.26 per mile. The cost of the return trip in the afternoon is likely to be even higher because congestion is worse in the afternoon rush hour due to bottlenecks where six lanes reduce to two. These high tolls would be prohibitive for most drivers.

The True Risks of Public-Private Partnerships (P3s)

In the Public Interest and the Maryland Transit Opportunities Coalition’s webinar on “The Risks of Public-Private Partnerships for Toll Lanes” on October 28th described P3s and the huge risks they bring to communities. A video of the meeting can be found here.

A P3 is a form of privatization that gives control of a public good to a private entity. P3s are expensive, risky, and lack transparency. P3s are often cited by interested parties as a less expensive way to leverage private capital to achieve public construction goals but they entail extremely complex negotiations and are an expensive alternative compared to the traditional route of issuing municipal bonds for capital projects. 

MDOT’s toll-lane P3 program would give the responsibility of designing, financing, constructing, and maintaining the toll lanes to a private contractor who would set prices and collect tolls for the next 50 years. 


New “Must Read” Articles

Labyrinth of Pipelines and Cables Could Face Major Disruption by Highway Plan — And Who Would Foot the Bill?

WSSC Water, the utility that provides water and sewer service to Prince George’s and Montgomery counties, is just one of many companies with large pipes and other underground assets such as fiber-optic lines that might need to be moved because of the State’s plan to widen I-270 and I-495. The article reports that MDOT has been meeting regularly with 21 utilities and private companies about the project. MDOT officials have said it is too early to know what it will cost to move power lines, pipes, and fiber and who will pay for it.

Purple Line project uncertainty leaves Maryland residents, businesses in limbo

This article captures both the personal hardship to Maryland homeowners and the financial risk to the State caused by the Purple Line P3 and is a forewarning of the outcome of the I-270 & I-495 P3. Since mid-September when the Purple Line contractor quit over cost disputes with the Maryland Transit Administration, residents and businesses have been left with a 16-mile string of construction sites lying mostly dormant, while orange barrels and concrete barriers keep roads closed and communities torn up.

Reminder: Tell MDOT No Private Toll Lanes on I-270 and I-495!

Let the Maryland Department of Transportation (MDOT) know you oppose adding four luxury lanes to I-270 and I-495. This webpage has the details on how speak out to stop this mess. You’ll find guidance on writing a good comment about the Draft Environmental Impact Statement (DEIS), and who to contact in the state legislature and state government.

Your words matter!

This toll-lane project is one of the largest of its type ever proposed and is expected to cost $11 billion or more. Submitting comments now on the DEIS and this flawed project is one of the most important actions you can take to stop the threat to our environment, our communities, and our pocketbooks.

The toll lanes will cause 4-5 years of construction misery at any given location, especially where interchanges and bridges have to be rebuilt – without, in the end, solving congestion.

ACTION ALERT

Act Now! Written comments must be submitted by November 9 to be included in the public record.

Be sure to say “I oppose the I-495 and I-270 project. I support the no-build option.” Your comments must include these sentences to ensure MDOT counts you as opposed to expanding the highways. Some topics for discussion can be found by scrolling down here.

To increase your impact, also send a copy of your comments to the following officials and include your home address: 

Toll on I-270 Luxury Lanes in Morning Rush Hour:  $49.63

The tolls will be sky high. Traffic experts at the Metropolitan Washington Council of Governments (MWCOG) estimate that drivers will pay $49.63 to go one way from Frederick to Shady Grove in the morning rush hour if toll lanes are built on I-270.

The MWCOG calculation is buried on page 883 of Appendix C of the DEIS. It says the morning rush-hour toll from MD Route 85 in Frederick to I-370 in Shady Grove will be $2.26 per mile. Multiplying that by the 21.96 mile length of the trip gives a total of $49.63.

The cost of the return trip in the afternoon is not given, but it is likely to be even higher because congestion is worse in the afternoon rush hour due to upper I-270 bottlenecks where six lanes reduce to two lanes.

Don’t Miss this Webinar about P3 Programs

Experts Jeremy Mohler and Shar Habibi from the national think-tank "In the Public Interest" will discuss the public-private-partnership (P3) process and concerns about MDOT’s proposed P3 program. A P3 is a complex and detailed form of privatization that gives control of a public good or service to a private entity. P3s are often risky, expensive, and secretive. Learn more: 

  • When:  October 28   6 -7:30 pm

Click here to register for the webinar. (You must register in advance.) An e-mail with a link to the presentation will be sent to everyone who registers. There will be a time for questions following the formal presentation.

Background: MDOT’s toll-lane project includes more than 70 miles of interstate highway. The P3 program would give the responsibility of designing, financing, constructing, and maintaining the toll lanes to a private contractor who would be able to set prices and collect tolls for the next 50 years. MDOT says this is necessary because there are insufficient funds in the Transportation Trust Fund to finance this infrastructure. But it’s now clear the toll-lane project would require taxpayer subsidy.

Critical issues must be carefully considered before MDOT goes forward with this project:

  1. Is this infrastructure actually needed?

  2. How much will Maryland taxpayers have to pay to support this P3?

  3. Are P3s actually successful in transferring the risk of the project to the private entity? 

Compared to the traditional route of issuing municipal bonds for capital projects, P3s are often cited as a less expensive way to leverage private capital to achieve public construction goals.

But are they? What are the costs and what are the risks?

With Gov. Hogan proposing a P3 for the  addition of toll lanes on I-270 and I-495, the more we understand about P3 projects, the better we can advocate for our tax dollars.

Check out the Tabs on Dontwiden270.org

“Media Archives” contains links to current and past key news articles. Recent postings have more information on the cost of the toll road. “On the Record” has links to reports and correspondence from area politicians, “En Español” has information in Spanish, and “CABE Connection” has information from Citizens Against Beltway Expansion (CABE), a coalition of individuals and organizations that collaborates with Dontwiden270.org to oppose widening the Beltway and I-270.