Big News – MDOT’s Most Unwelcome “Holiday Surprise”

MDOT just ramped up its effort to keep Maryland’s taxpayers in the dark about the Governor’s toll-lane plans for I-270 and I-495. Here’s how Maryland Matters describes what just happened:
 

“While Maryland residents and elected officials scurried around in preparation for the holidays last week, the state Department of Transportation quietly took a major step in its $11 billion I-495/I-270 ‘managed lanes’ highway project

“With no notice to the public, the agency issued its formal Request for Proposals (RFP) for the project late on Friday, Dec. 18. The four giant transportation consortiums that have formed to bid on the massive project were given three business days to return the ‘technical’ portion of their responses. (Financial responses are due on Jan. 8.)

“MDOT then slipped the RFP onto its website in the early evening hours of Dec. 23, after employees had gone home for the long holiday weekend.”

Read the whole, gripping story: MDOT Accelerates Timetable for Next Steps on Beltway Widening, Rearranges Project Phases.

Then see how MDOT’s latest holiday move puts Maryland’s taxpayers and commuters in extreme financial jeopardy and “makes a mockery of what is supposed to be competitive bidding.” Secret Deal Guarantees Sky-High Tolls On American Legion Bridge,   Maryland Transit Opportunities Coalition.


Save the Dates

  • Jan. 7, 2021 (9:00 am):  Montgomery County House Delegation. The meeting will be live-streamed on the Delegation’s YouTube page.

  • Jan. 7, 2021 (7:00 pm):  District 39 Legislative Town Hall with Senator Nancy King, Delegate Gabriel Acevero, Delegate Lesley Lopez, and Delegate Kirill Reznik.  Register here.

  • Jan. 7, 2021 (7:30 pm): CABE Townhall: 2021 Action Outlook with Delegates Kumar Barve, Marc Korman, Jared Solomon and others. Register here.

  • Jan. 10, 2021 (7:00 pm): District 17 Town Hall with Senator Cheryl Kagan, Delegate Kumar Barve, Delegate Jim Gilchrist, and Delegate Julie Palakovich Carr. Register at bit.ly/D17Jan2021.

  • Jan. 12, 2021 (7:00 pm): Virginia Department of Rail and Public Transportation’s virtual public meeting on I-495 American Legion Bridge transit recommendations. Register here.

P3 Jeopardizes Historical Site

The Moses Morningstar Cemetery (MMC) in the community of Gibson Grove, established by former enslaved people in the 1880s, is threatened by the proposed I-495 Beltway expansion. Project maps show some graves and parts of the Moses Hall Foundation are within the construction Limits of Disturbance.

The State has determined that the MMC is historically significant and community members and preservationists are trying to protect these important historic sites. 

U.S. legislators from Maryland sent a letter to the Federal Highway Administration stating “…we risk once again committing the error of building roads without regard to the historic, cultural, and social values of vulnerable communities…”

Spread the Word about our Website and Newsletter

Please help us inform others about what we can do to safeguard our environment and promote healthy, efficient, and fair transportation options. We would like to connect with other residents of Montgomery County, especially upper county, as well as the Frederick area. 

Refer them to our website (https://dontwiden270.org/) to learn mor e about Governor Hogan's plan to widen I-270 with expensive toll lanes and our efforts to prevent this project, which would cause enormous harm without solving traffic congestion. We even have a tab on the website with background documents in Spanish.

Tell interested individuals they can get on our newsletter e-mail list by going to https://dontwiden270.org/get-involved and checking the "keep me informed" box. We send out a newsletter about every 2 weeks with information about what is happening with the project.

MDOT Rushes Ahead, Ignoring Opposition, DEIS Flaws, and Post-COVID Reality

MDOT Rushes Ahead, Ignoring Opposition, DEIS Flaws, and Post-COVID Reality


Opponents of the Toll-Lanes Testify at Priorities Hearing

The Montgomery County Delegation of the Maryland General Assembly held its annual Priorities Hearing on November 12. This was an opportunity for the public to say what they want  their legislators to focus on in the coming session of the General Assembly. 

Eight individuals, including Dontwiden270.org representatives, spoke about the “I-270/I-495 Highway P3 Proposed Project.” Their testimonies can be heard here.  The link should take you directly to the highway expansion presentations, but if there is any difficulty, scroll to 3:11:00 to listen (i.e., 33 minutes from the end).

The opponents of the project highlighted the financial risk to the state and taxpayers and the need for other approaches, including transit. They pointed out that the recently released Draft Environmental Impact Statement (DEIS) clearly showed the extensive environmental damage the highway expansion would create, the harm to public health, and importantly, that the project would increase -- not mitigate -- traffic congestion. 

The speakers called for a pause to the project, regulations to prevent public-private-partnership (P3) financial risks, and collaboration among legislators in the General Assembly to pass critical legislation in the 2021 session, which convenes January 13, 2021. The senators must work with the delegates to pass bills that will reform the State’s P3 process.


ACTION ITEM

Write Your Public Officials and Legislators.
Tell them this project poses financial risks to Maryland taxpayers and must be stopped.

WriteComptroller Peter Franchot in care of his Board of Public Works (BPW) point person at: aklase@marylandtaxes.gov, and tell him to call for a halt to the P3 procurement process. Mr. Franchot has the deciding vote when the BPW considers the P3 project.

Write your state legislators, refer them to the November priorities hearing testimonies, and tell them to pass legislation to stop this project and protect the State’s fiscal stability. Enter your address on the website Find My Representatives to identify your Maryland legislative district, state senator, and state delegates. Then get their contact information at Montgomery County Delegation.

WriteDelegate Kumar Barve, Chair, House of Delegates Environment and Transportation Committee, and tell him to introduce P3 bills early in the session so there is time to get them passed in the Senate.

Write Secretary Greg Slater, Secretary of Transportation, Maryland Department of Transportation (MDOT). Tell him MDOT must pause the I-495 & I-270 Public-Private Partnership (P3) Program. Secretary Slater spoke with regional transportation officials at the 2020 Capital Region Transportation Forum on November 18. He said that the planning horizon is different since the pandemic and has given us opportunities to consider innovation. Remind Secretary Slater of his commitment to multi-modal options, including transit.


U.S. Department of Transportation Analysis of Transportation Challenges Post COVID-19

A November 19 presentation by the U.S. Department of Transportation about post-pandemic transportation issues included the following points:  

  • Transportation will be different in the post-COVID era.

  • There will be unprecedented changes in commuting behaviors.

  • Pre-COVID programs and policies may be unsustainable or undesirable going forward.

  • Performance metrics for transportation need to be updated and recalibrated with post-COVID behaviors.

  • Telecommuting levels will be higher.


Comments on the DEIS

Thank you to all of you who sent written comments on the DEIS to MDOT. MDOT received almost 3,000 written comments during the comment period from July 10 until November 9. Comments ranged in length from less than a page to hundreds of pages and were submitted by individuals, organizations, and government officials and agencies. 

The comments point out very deep failings in the DEIS. MDOT must respond to critical issues that were raised by the DEIS and write a final EIS (FEIS) that resolves the problems revealed in the comments. These resolutions must then stand up to review by federal agencies and possible judicial challenges.

MDOT says they are not currently able to provide a specific completion date for when the comments will be read and categorized.


MDOT Intends to Choose a Phase 1 Developer for Predevelopment Activities before Final Study Details are Publically Available

Despite projected post-pandemic changes in transportation, MDOT continues to move forward with this flawed project, and incredibly, is planning selection of a bidding team before the final details of the study are publically known. Their timeline reflects releasing a Request for Proposals (RFP) in December and selecting a proposer in March 2021.

The timeline also indicates the FEIS won’t be released until May. The Record of Decision (ROD), which is a public document that authorizes the transportation agency to proceed with design, land acquisition, and construction, is also planned for release in May 2021. 

Thus, MDOT plans to issue the RFP before the legislature convenes in January and select a proposer before final documents are available for public review. In fact, with MDOT’s acknowledgment, potential concessionaires are already holding meetings with companies regarding pre-development subcontracting opportunities. 


Recent Must Read Articles: 

U.S. Navy strongly opposed to Capital Beltway widening project
Maryland Matters, Nov. 20, 2020
The U.S. Navy, in its response to the DEIS, stated strong opposition to Governor Hogan’s highway expansion project. The Navy also raised specific objections to the proposal, including the lack of transit alternatives. The letter from the Commanding Officer at Naval Support Activity Bethesda declared that the State cannot take any military property in Bethesda for construction of the toll road. The article can be found here and the letter from the Navy to MDOT here.

Possible legal challenges pose cost risks for Maryland toll lanes proposal
Washington Post, Nov. 27, 2020
The potential for a legal fight over Maryland’s highway plan grew more apparent when environmental groups, local officials, and project critics responded to the DEIS and said they will sue if their concerns aren’t addressed.

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.