MDOT Suddenly Changes the “Preferred Alternative” for Toll Lanes

MDOT Reveals a “New” Plan, and Toll Setting Gets Started

Back on January 27, 2021, the Maryland Department of Transportation (MDOT) disclosed that they had selected Alternative 9 from among the build options as their preferred alternative for widening I-495 and I-270.  Alternative 9 was a high occupancy toll (HOT) lanes network that added two HOT- managed lanes in each direction on I-495 and I-270.

Then, less than 4 months later, on May 12th, MDOT announced that their recommended preferred alternative (RPA) would now consist of only Phase 1 South. The new RPA focuses solely on building a new American Legion Bridge (ALB) and creating two HOT lanes in each direction on the ALB and I-270 to I-370. On I-270, the RPA proposes adding one HOT- managed lane and converting the existing high occupancy vehicle (HOV) lane into an HOT- managed lane. There will be no action at this time on I-495 east of the I-270 eastern spur. Find out what’s wrong with MDOT’s latest RPA in the sections below on Phase 1 South, Cost Concerns, and More Highway Widening.

The Phase 1 South toll rate range setting process was presented to the Maryland Transportation Authority (MDTA) Board on May 20, 2021. The meeting video can be played here; the Phase 1 range setting process discussion begins at 2:07:00. Relevant meeting documents can be found in tabs 11-12 (pp. 60-154) and the MDTA press release. The MDTA Board voted to move forward with the process, including public hearings on the tolling proposal. Written public comments and call-in testimony will be accepted for the official record from May 20 through August 12, 2021. Dontwiden270.org will provide further information when it becomes available.

Action Item

Your emails and letters to public officials and others about widening I-270 and I-495 have been powerful and had considerable impact. Thanks to all of you who wrote to the Metropolitan Washington Transportation Planning Board (TPB) as requested in the Urgent Action Alert in our last newsletter. Your comments led the TPB to ask the Federal authorities for a 6 month extension to allow more time to study the complex issues involved.

Please continue to write and phone and keep the pressure on key people and agencies to stop this poorly conceived project.

If you haven’t already done so, write Comptroller Peter Franchot care of Emily Gontrum at egontrum@marylandtaxes.gov and/or call Comptroller Franchot at 301-332-1961 and leave a voice mail or text. Comptroller Franchot is the deciding vote when the Maryland Board of Public Works (BPW) votes on contracts associated with the P3 project. He is running for Governor. Tell him that no P3 agreement should be voted on until the Final Environmental Impact Statement (FEIS) is completed. And be sure to say that if the project is approved, Maryland taxpayers could be stuck with hundreds of millions of dollars in expenses and future costs.

New Recommended Preferred Alternative for Phase 1 South

The new RPA focuses solely on a new ALB and two HOT-managed lanes in each direction on the ALB and I-270 to I-370. I-495 east of I-270 is off the table for now; however, MDOT has made clear that “the RPA does not suggest that improvements will not be needed on the top side and east side of I-495. If the new RPA is selected at the conclusion of the Managed Lane Study, consideration of improvements to remaining parts of the interstate system would advance separately…”

The project has been scaled back. But as eloquently expressed in a Sierra Club Statement: “This project is fundamentally flawed and has been from the start. Now it is a smaller flawed proposal.” This P3 is an environmental, financial, socio-economic, and drivers’ nightmare. There will be years of noise and pollution during construction of the new lanes. The project will cause enormous harm to affected communities and gridlock on local roads as people make their way to and from the new toll entrances.   

The tolls will be unaffordable for the vast majority of drivers, leading to increased congestion in the free lanes. In fact, there will be fewer free lanes since the current 2-person HOV lanes on I-270, which are restricted for only 3 hours per day Monday-Friday and always free, will be converted to HOT–managed lanes at all times. Importantly, this project will not reduce regional traffic congestion. Effective traffic planning requires a multimodal transportation plan with transit options.

Bottlenecks

Not only will there be continued gridlock at key traffic choke points, but as shown in the graphic, there will be two major bottlenecks that will create massive traffic jams. The plan changes the locations of traffic congestion rather than alleviating them. There will be a new bottleneck where the new I-270 toll lanes merge into the unchanged I-495 lanes.

The project will also increase congestion at the current bottleneck on northbound I-270 caused by the highway’s progressive narrowing to just two lanes. The toll lanes will add even more vehicles to the narrowing highway heading north. If the proposed project does not simultaneously address transportation up to Frederick, it will create a traffic nightmare. Widening just the southern part of I-270 will make traffic worse on the northern part.

Environmental Issues

MDOT must revise the Draft Environmental Impact Statement (DEIS), which was published in July 2020, and reopen a public comment period since the project has changed considerably. The new supplemental DEIS will only have a 45-day public comment period; the initial DEIS had a 120-day comment period. However, this provides an opportunity to address remaining environmental issues. This project promotes the opposite of what is necessary to tackle climate change. It will destroy well-established green buffers, which help clean the air and reduce noise, and will create serious stormwater runoff problems. MDOT plans to issue a supplemental DEIS in late summer 2021 and an FEIS by spring 2022.

Cost Concerns

Building with a P3 is more expensive in the long run than conventional financing. Toll revenues, which could be going to the State, will go to private investors for 50 years. Infrastructure improvements would produce a greater return on investment for taxpayers if delivered without profits for outside investors. According to In the Public Interest, corporate profits, dividends, and income taxes can add 20 to 30 percent to operation and maintenance costs of privatized infrastructure. Moreover, Maryland taxpayers are likely to be required to subsidize the private contractor for construction funding shortfalls and operational deficits. Rockville will bear huge expenses for upgrading the stormwater management system to handle more runoff.

More Highway Widening

The new RPA will lead to worsening of already bad bottlenecks and add pressure to complete the Beltway expansion. Future phases are still an option and more contracts may evolve to widen I-495 as originally planned. Any P3 on I-270 will create pressure to execute a P3 on the Beltway. Plans for expanding I-270 north of I-370 are still underway and a DEIS is in progress. There is huge opposition to what’s left of the disastrous project.

This P3 must be stopped in its entirety.

Must-Read Articles and Opinions

• Opinion: Now Maryland can properly study how to mitigate congestion

• Statement from Montgomery County Executive Marc Elrich on the I-495 Decision

• MDOT Removes Large Stretch of Capital Beltway from Toll-Lane Plan

• Large portion of Capital Beltway removed from highway widening plan, leaving I-270

• Downsizing Capital Beltway project good - scrapping it better | Commentary

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