Urgent Action Alert & Updates on Interchanges, Ramps, and Access Points on I-270 Managed Lanes

Urgent Action Alert

The Metropolitan Washington Transportation Planning Board (TPB) is about to vote on its long-range transportation plan. By Tuesday night, May 18, please email TPB Chair Charles Allen at tpbcomment@mwcog.org and urge the TPB to remove the I-270 P3 toll-lane project from the plan. Tell him the project is bad for your community, for Rockville, and for Maryland taxpayers! Include his name and title (Chair Charles Allen) in the subject of your email so that it is directed to him.

P3 Program Update

Jeffrey Folden, Deputy Director of the I-495 & I-270 Public-Private Partnership(P3) Program, within the Maryland Department of Transportation (MDOT) presented a disturbing Program Update to the Montgomery County Civic Federation on April 20, 2021. His presentation can be found at MDOT Briefing on I-270 & I-495 Expansion Plan. Read more about it starting with “Proposed Access Points” below.

Everything about this toll-lane project will have severe impacts on local communities. Traffic will be worse during and after construction, on and off the highway. This will be exacerbated by new interchange ramps and alternative configurations of existing ramps, ramp metering, variable speed limits, and lane adjustments.

MDOT’s Preferred Alternative is Changing
On January 27, 2021, MDOT disclosed that they had selected Alternative 9 as the preferred alternative for widening I-495 and I-270. Alternative 9 was a 2-lane, high occupancy toll (HOT)-managed lanes network that added two HOT- managed lanes in each direction on I-495 and I-270. It converted the existing high occupancy vehicle (HOV) lane to an HOT lane and added an additional HOT lane on I-270. As shown below, the managed lanes would be in the center lanes of the highway.

Then on May 12, 2021, MDOT announced that their recommended preferred alternative would now only consist of Phase 1 South -- the American Legion Bridge and I-270 to I-370 -- with no action at this time on I-495 east of the I-270 eastern spur or on I-270 north of I-370. Dontwiden270.org is studying this new plan and will provide more information in the next newsletter.

Proposed Access Points

There will be considerable changes in traffic throughout the Phase 1 system with increases in traffic volume at access points for managed lanes and significant traffic impacts on local roads. This process will be very expensive. Ramps leading to the current general lanes will need to be moved in order to widen the highway. Controlling access to the toll lanes requires building a virtual duplicate highway, with duplicated shoulder, medians, barriers, and fly-over access ramps. Not only does this greatly increase the cost, but it also eats up space.

In the Draft Environmental Impact Statement (DEIS) released in July 2020, access road information can be found in Section 2.7.1, starting on p. 86 of the electronic file (p. 2-32 of the text pagination). Mr. Folden displayed the graphic below in his April 20th presentation. His discussion of this slide can be heard in his talk during the time points of 28:20 to 30:13.

The local interstate access plan depicted in the graphic was developed by MDOT based on preliminary traffic, operations, and safety analyses.

Per MDOT, the Phase 1 Developer may suggest revisions to those access points for MDOT’s consideration but it will be MDOT’s decision if any revisions to the access points are incorporated. The Phase 1 Developer does not have decision-making authority -- that lies with MDOT -- but if an MDOT decision brings Transurban’s projected profits below the high level specified in the proposal, Transurban can back out of the entire deal.

As depicted in this schema, MDOT’s access plan is for nine interchanges on each side of this section of the I-270 corridor, some for the free lanes and some for the toll lanes. The access points for general purpose lanes would not change, though interchange configurations will be modified and interchange ramps will be adjusted to accommodate the mainline widening of I-270. Three new access points (Gude Drive, Wootton Parkway, and Westlake Terrace) will be added to provide entrance to the toll lanes.

Importantly, there will be no interconnections between managed and free lanes; I-270 would become a “highway within a highway.” This highway design will not allow drivers in the general lanes to transition directly to the toll lanes and vice-versa. To move between toll lanes and general purpose lanes, it will be necessary to exit the highway, meander through local streets, and then re-enter at an access point to the desired lane. Access to the toll lanes has been designed with the specific intent of making it as hard as possible to switch between tolled and untolled lanes. To maximize the operator’s revenue and make the project feasible, it is necessary to force anyone who wants to use the toll lanes for any part of the journey to use them for their entire journey on that highway.

Traffic Impacts on Local Roads

Mr. Folden presented the illustration below to describe changes in traffic volume on the local road network. His discussion of this slide is in his talk at time points 30:14 to 32:06. The graphic depicts the changes in traffic volume at the access point intersections along I-270 during the a.m. peak period. The plan to convert Gude Drive and Wootton Parkway to toll lane access roads will considerably increase traffic, noise, and pollution and will impact surrounding neighborhoods.

Interstate Access Point Approval

The Federal Highway Administration (FHWA) oversees the Policy on Access to the Interstate System, which stipulates requirements for proposed changes in access to the Interstate System. All new or modified points of access must be justified, approved by the FHWA, and developed in accordance with federal laws and regulations. Any traffic impacts within the community associated with the increased traffic volumes and new connections generated by the project must be documented.

Mr. Folden stated that Interstate Access Point Approval (IAPA) documentation is underway. It will evaluate operation and safety for each interchange and will analyze impacts of increases in demand on cross streets near interchanges. The documentation is being developed by building upon the traffic modeling and analysis completed as part of the DEIS Appendix C (Traffic Analysis Technical Report). Per MDOT, an updated technical traffic report will be publically available with the FEIS. After public comment of the FEIS and issue of a Record of Decision (ROD) by FHWA, MDOT will seek IAPA from FHWA.

This P3 is a huge unnecessary fiasco that will hurt our communities, state finances, and the environment. It will not reduce regional traffic congestion. As pointed out in a letter from Rockville’s Mayor and Council to Comptroller Franchot, “the traffic impacts caused by construction and congestion will be monumental.”

Must-Read Articles

• Open Letter to Comptroller About Toll Lane Expansion

• Opinion: Not so fast on dismissing concerns about Maryland’s Beltway expansion

Keep up to date on the latest news on what’s happening with the I-495/I-270 project. Follow coverage of the highway issue on our website at https://dontwiden270.org/archives

Fate of P3 Bills Decided in the Senate

The 2021 Maryland General Assembly

January 13 - April 12, 2021 marked the 442nd session of the General Assembly. During this session, 2,347 bills were introduced (967 in the Senate and 1,380 in the House) and 817 were passed.

The year was remarkable because of the logistical challenges the coronavirus pandemic presented to lawmakers. Normally, the public would have free access and face-to-face contact with legislators. During this session, essentially all communication was digital and remote and subcommittees and hearings were streamlined. When voting sessions of the Senate and House were held in the two chambers, as required by the Constitution to enact legislation, members were stationed in plexiglass booths. 

.For information on the Maryland General Assembly legislative process, refer to our January 31, 2021 newsletter.

General Conclusion

For the past three sessions of the Maryland General Assembly, the Maryland Senate, and more specifically the Senate Budget and Taxation Committee, have failed to give a favorable report or approve any bill that would place additional scrutiny, oversight, or accountability on the proposed I-495/I-270 toll-lane public-private-partnership (P3) or any future P3. This includes the bills described below, as well as the “County Consent” bills introduced in 2019 and 2020 (SB 229 and HB 292), with 70 sponsors and co-sponsors, which would have prohibited the State from constructing “any toll road, highway or bridge without the express consent of a majority of the governments of the affected counties.”

On the House side, Delegate Kumar Barve’s Environment and Transportation (ENT) Committee has a pivotal role in the consideration of P3 bills. During last year’s short session, which adjourned early because of the pandemic, the ENT Committee gave its approval to the P3 bills sponsored by Delegates Korman and Solomon too late for full consideration in the Senate. This year, the ENT Committee gave the Korman and Solomon bills, HB 067 and HB 485, a favorable report and sent them to the House of Delegates for approval even later in the session, on March 19, just in time to meet the crossover deadline on March 22. More details on these and other bills introduced in the 2021 session are provided below.

Proposed Bills 

The Promises Act (HB 067/SB 843)  

Bill Summary:  HB 067 and its companion bill, SB 843, would have put in statute the promises the Administration, including the Maryland Department of Transportation (MDOT), has made regarding the I-495/I-270 toll lane project. The bill would have prohibited the Board of Public Works (BPW) from approving an agreement for the P3 project unless the agreement contained specific language, including that no taxpayer funding would be used to subsidize the project, at least 10% of toll revenue would be made available for transit, no P3 agreement would be submitted to the BPW until the final environmental impact statement (FEIS) was completed, and other requirements.

Activity: A similar bill had been introduced by Del. Marc Korman in 2020 and passed by the House but no action was taken in the Senate before last year’s early adjournment because of the pandemic. Del. Korman pre-filed HB 067 for the 2021 legislative session. A hearing was held on HB 067 in the House ENT Committee and it received a favorable report. The amended bill was then passed by the House of Delegates by a 101-35 vote but died in the Senate Budget and Taxation Committee. Del. Korman said it was too soon to say if he would reintroduce the bill in the next session.

The P3 Reform Bill (HB 485/SB 361)

Bill Summary: This legislation would have strengthened the process for reviewing large P3 projects by assessing economic, legal, and technological risks to the State. It would not have been retroactive or apply to the I-495/I-270 P3 but it was an important bill for ensuring oversight of future P3 agreements. Among other requirements, the bill created an independent P3 Oversight Review Board, set new standards for financial and project disclosures for P3s, and required a financial advisor to assess any potential effect to the State’s credit rating.

Activity: Del. Solomon had previously introduced legislation to strengthen the process for reviewing large P3 projects. HB 485 was similar to a bill passed by the House of Delegates in 2020 but too late for Senate consideration before the legislature adjourned. HB 485 was heard by the House ENT Committee and received a favorable report. The bill was passed with amendments by the House of Delegates, 97-39. HB 485 as amended was referred to the Senate Education, Health, and Environmental Affairs (EHEA) Committee, where it received a favorable report, and to the Senate Budget and Taxation Committee, where it languished until the end of the session. Del. Solomon said he will seek changes to the P3 law for a fourth time during next year’s legislative session.

Protecting Cultural Heritage Sites from P3 Highway Projects (HB 1373/SB 960) 

Bill Summary: The Order of Moses was a post-Civil War benevolent society set up by formerly enslaved individuals. The Morningstar Moses Cemetery in Cabin John, considered historically significant by the Maryland Historical Trust, was established in 1885. The proposed widening of the Capital Beltway as part of the I-495/I-270 toll-lane project would encroach on this historic community, the cemetery, and burial grounds. This legislation would have prohibited acquiring a right-of-way or exercising eminent domain for a P3 highway project that adversely affects historic African-American cemeteries, burial grounds, and cultural heritage sites unless the General Assembly approves the project. It would grant stronger legal protecion to vulnerable communities in the path of major P3 highway projects.

Activity: HB 1373 and its companion bill, SB 960, were introduced too late in the session to expect full consideration and approval by both houses. However, SB 960 was granted a hearing in the Senate EHEA Committee in the final days of the session. The proposed legislation and advocacy efforts on its behalf raised the awareness of State policy-makers and the public to the threat posed by the proposed I-495/I-270 toll-lane P3 plan and the dire consequences that could result from implementation of massive P3 highway projects.

Prohibition on Adding New (Toll) Lanes on I-270 or I-495 (HB 703 and HB 705)

Summary of HB 703:: HB703 would have prohibited the State Highway Administration from adding any new lanes to I-495 or I-270. The bill received an unfavorable report in the House ENT Committee.

Summary of HB 705: HB 705 would have prohibited the Maryland Transportation Authority, or a private entity participating in a public–private partnership, from imposing a toll for the use of I-495 or I-270. A hearing was held in the House ENT Committee but no vote was taken.

Legislative Review of the Developer Phase 1 P3 Agreement

Under State law, the BPW may not approve a P3 Agreement until the budget committees of the General Assembly have had at least 30 days to review and comment. Although the legislature is no longer in session, there will be a formal review of the predevelopment agreement by the Senate Budget and Taxation Committee and the House Appropriations Committee.

The review is expected to include a public hearing, witnesses, and analysis by legislators and their staff. The review is purely advisory; the legislature has no authority to stop the project. However, a legislative hearing can be an important opportunity to bring transparency to critical aspects of the P3 in a public forum. Relevant information, such as the potential financial risks, procurement irregularities, unresolved environmental concerns, and the terms of related interstate agreements could be disclosed and receive media attention before final contract decisions are made. 

Important New Official Letters

Reports, testimony, and correspondence among area politicians and stakeholders can be found on the Dontwiden270.org website “On the Record” tab. Two new letters of note:

City of Rockville letter to Comptroller Franchot:

The Mayor of Rockville and City Councilmembers stated their support for the No-Build Alternative, questioned the outdated travel demand model used to project 2040 travel volumes, and cited numerous other concerns about the toll lane project. They urged Mr. Franchot to vote NO when the approval for the Phase 1 Predevelopment Agreement comes before the BPW.

Maryland-National Capital and Planning Commission (M-NCPPC) letter: 

The M-NCPPC sent a “non-concurrence” letter to the Federal Highway Administration and the State Highway Administration objecting to the Recommended Preferred Alternative for the Managed Lanes Study. The letter states that there are many concerns with the DEIS that must be resolved before the study advances.

Must Read Article

Key Vote on Hogan’s D.C.-Area Highway and Bridge Plan Is Delayed Again, Maryland Matters, April 21, 2021

Appendix 1

Keeping the Pressure on Peter Franchot; Reaching Out to Pete Buttigieg and the DOT

Peter Franchot, the deciding vote on the Board of Public Works (BPW), recently said the I-495/I-270 toll-lane project, the biggest Public Private Partnership (P3) in the world, is basically just an experiment to “see how it goes” and see if there’s “any real uproar over the tolls.” Follow the Action Item below to remind Mr. Franchot of his responsibility to protect Marylanders, not international developers.  Then read the good news about Congressman Anthony Brown’s appeal to U.S. Department of Transportation (DOT) Secretary Pete Buttigieg to stop the toll-lane project’s end run around federal environmental law, followed by a cautionary tale about P3 construction in Virginia.

Action Item 

Write Comptroller Franchot care of Emily Gontrum at egontrum@marylandtaxes.gov and/or call Comptroller Franchot at 301-332-1961. This is his cell phone and he said in a recent interview that he invites the public to contact him at this number and leave a voice mail or text.

The Maryland Department of Transporation (MDOT) won’t complete the environmental review process until next fall. Tell Comptroller Franchot that he and the BPW must delay the vote on the first toll-lane contract until the Final Environmental Impact Statement (FEIS) is completed. An FEIS is essential to assess the true cost to taxpayers and the impacts on communities and the environment. Until the FEIS is released, it is impossible to truly know the effects of many key features of the proposed P3 project.

The next steps in the approval process for the first contract, the Developer Phase 1 P3 Agreement, include: review and approval by the Maryland Transportation Authority (MDTA) Board, review -– but without approval authority -- by the budget committees of the Maryland General Assembly, and then a vote by the BPW.

If approved by the BPW, the Phase Developer contract would be awarded and Accelerate Maryland Partners, the awardee, notified to proceed with the preliminary design and some form of collaboration with community stakeholders. There are many fiscal concerns about this project that will affect the State and Maryland taxpayers. Read more in the Dontwiden270.org April 5, 2021 newsletter.

Congressman Urges Federal Review of the I-495 and I-270 Project 

U.S. Representative Anthony Brown from Prince George’s County and a member of the U.S. House Transportation and Infrastructre Committee, sent a letter on February 2 to DOT Secretary Pete Buttigieg. According to Rep. Brown’s press release, the letter detailed concerns with Maryland’s I-495 & I-270 Managed Lanes Study. He specifically identified the following issues for consideration:

• Lack of Transit Alternatives and Investment

• Outdated Approach

• The Impact of COVID-19 and the Future of Commuting

• Incongruent National Environmental Policy Act (NEPA) process

The Congressman encouraged the DOT to consider the implications of the project on the region and reevaluate the federal government’s role. The U.S. DOT has responsibility for oversight of interstate highways and is required under the NEPA Act to approve the FEIS. 

Rep.Brown’s letter can be found here. 

For more information, see Congressman Urges Buttigieg to Review I-495/I-270 Project.

Rep. Brown and Montgomery County Council President Tom Hucker held a press conference on April 12, including discussion of transportation priorities. They affirmed that the State needs the right mix of roads and rails and not just expansion of road capacity.

Why We Are Fighting to Prevent What’s Happening on I-66 in Virginia from Happening to Us

Tolls have existed for centuries, initially levied on those travelling by foot, horseback, or wagon and continued with automobiles. Currently, about 29 states have toll roads, with price-managed toll lanes in 11 states. Most roads are built with funds raised from taxes. However, in recent years, states have increasingly looked to private companies to build toll roads and capture the tolls for profit.

The construction of new toll lanes on I-66 in Virginia is wreaking havoc on local communities and raises concerns about the possibility of similar consequences in Maryland if the I-270 managed lane project goes forward. The following depicts current construction on I-66 and demonstrates why we must prevent this from happening in our communities.

I-66 Inside the Beltway Express Lanes

The I-66 “Inside the Beltway Express Lanes” cover 9 miles of I-66 from I-495 to US Route 29 in Rosslyn. This section began operation in December 2017, operating under dynamic tolling with tolls varying depending on traffic congestion. Its express lanes operate at rush hour with no maximum toll. Tolls have been as high as $46, a totally inequitable price. The Virginia Department of Transportation owns and operates this corridor. 

Transform 66 Outside the Beltway Express Lanes Project

In December 2016, a 50-year P3 contract was awarded to I-66 Express Mobility Partners (lead project developer, Cintra) to design, build, and operate I-66 from I-495 to Gainesville. This project will extend I-66 another 22.5 miles west from the Capital Beltway. Early construction activity began in December 2017 with major construction beginning in spring 2018. The express lanes are scheduled to open in December 2022. Two dynamically tolled express lanes will operate alongside three untolled general purpose lanes per direction.

Recently, a Montgomery County resident drove near the area where construction is ongoing for the I-66 “Outside the Beltway Express Lanes” project. She reported the following:

I happened to drive on Route 66 in Virginia all the way towards the end, near the Front Royal exit. It was shocking, truly shocking, to see the construction as they are adding even more lanes to I-66. The amount of construction vehicles, road construction materials, massive hills of dirt, pipes, etc., etc. was overwhelming.  I’ve never seen anything quite like it. The construction and new barrier walls being constructed are literally in people’s backyards.  Or up against their garages, houses, apartment buildings, pools, walking paths, and parking spaces - within a few feet. There was absolutely no buffer zone between the soon to be new lanes and personal or county property. 

After reading this description, a Rockville resident drove over to photograph the construction area. The photos depict what life is like for those who live in the shadow of this project. We can’t let this happen here!

Must Read Recent Articles

Opinion: Protecting a Piece of Md. History From the State’s Beltway Expansion Plan, Maryland Matters, April 9, 2021

Md. Sierra Club: Will the Senate Co-Own Hogan’s Highway Boondoggle?, Maryland Matters, April 9, 2021

Plan to widen congested Capital Beltway fuels fierce debate, Bay Journal, April 5, 2021

Note: Key articles about the highway widening project dating back to August 2018 can be found on our website at https://dontwiden270.org/archives,