Troubling Signs and Good News

Uh oh. It looks like Governor Moore may advance some version of the Hogan-era toll lane scheme (see “What We Know,” below). Specifics are TBD. The public will be consulted, but MDOT’s not saying to what end.

 If the Moore administration goes ahead with this, they will be weighed down, mired in former Gov. Hogan’s destructive, inequitable plan.

 Governor Moore will end up, as his predecessor did, relying on toll-lane theater instead of honestly engaging the public on this issue. Why? Because:

  • No version of the toll lane plan can be truthfully defended on its merits. The project was designed as a means of maximizing revenue for a private contractor. Its bones won’t be fundamentally altered by any change in scope or funding method.

  • The project can’t survive reasonable scrutiny – that’s why it’s never had independent financial and legal review; why the Capital Beltway Accord has never been released; and why key traffic modeling, pollution data, and mitigation plans are missing.

  • The project is an illusion of a congestion-relief plan. If any version of the project is built, the vast majority of highway users will be worse off than they are now! 

 

Here’s the good news

The powerful lawsuit opposing the toll lane plan — filed by the Sierra Club, National Resources Defense Council, and historic preservation groups — is advancing.

  • The Moore administration, if they’re willing, can find the lawsuit an invaluable source for expert, clear-eyed analyses of what is, isn’t, and should have been in MDOT’s environmental review documents.

  • The lawsuit's filing memorandum, along with the Sierra Club’s comments on the Final Environmental Impact Statement, are filled with information critical to making informed decisions about the project. We urge administration decision-makers to read both the filing (60 pages) and the comments (63 pages).

  • For that small investment in reading time, the Moore administration will get a full picture of a project that will negatively impact our environment, health, safety, economy, and ability to live equitable lives for generations.

Lawsuit filed at U.S. District Court, District of Maryland, Southern Division. Photo courtesy of the Court.

ACTION ITEM

As Governor Moore is making up his mind about the toll lane project, he and the Montgomery County Council must hear from us.

ASAP, please write to county.council@montgomerycountymd.gov. In your own words, explain why you actively oppose the toll lane project. Ask Councilmembers to urge the governor to reject any version of the project in favor of better, smarter choices.

Encourage your friends and neighbors to take this action, too. If you’ve written to the Council recently, thank you for writing again now! Our voices can make all the difference.

Bonus Action Item

The National Capital Region Transportation Planning Board (TPB) is using a quick online form to gather feedback on regional transportation projects. Click here; then click “next”; enter “Maryland”; then click “OP Lanes Maryland Phase I” and “Strongly Disagree”!

What we know

  • The Moore Administration’s Department of Transportation wrote to homeowners near portions of I-495, and I-270 as far north as the Y split, requesting access to their property for toll-lane related data collection.

  • The Moore Administration’s Department of Environment approved a water quality certification covering the project’s Phase 1. On June 19, the Sierra Club submitted a compelling appeal for reconsideration of that decision.

  • Lt. Gov. Aruna Miller recently said of the project’s future: “The state cannot start all over as that would mean a loss of federal funds and a delay of years...Instead, the state will consider what needs to be done, which she said could mean road widening along the entire stretch or only at the American Legion Bridge.”

  • According to an MDOT spokesperson, the agency is “continuing design and permitting activities; field work and data collection; and developing funding options and procurement approaches … including seeking federal grants.” 

 

But, and this is major…

 Governor Moore’s press secretary just told MoCo360 that the Governor’s “first priority is to review the project through the ‘lens of equity, sustainability, environmental protection and environmental justice.’” As the Governor looks more closely, he’ll find that no version of the toll lane project has an honest chance to pass through any of those lens.

Note: Time to retire Hogan-era’s “soul crushing traffic”

Larry Hogan frequently said, without asking what we thought, that our souls were being crushed by traffic, and his toll lane plan was the antidote. He said, “…we’re not going to let politics delay” getting Marylanders unstuck from “soul-crushing traffic”.  He said, “This [TPB vote] is a great victory for Marylanders sick and tired of being stuck in soul-crushing traffic.” He offered an illustrated version here: “Tired of sitting in soul crushing traffic? Our plan can fix that.”

Recently Lt. Governor Miller said of traveling along I-270: “It’s soul crushing to be in that traffic.”

Actually, congestion on lower I-270 south of the bottleneck at I-370 (the bottleneck that will get worse if the toll lanes are built) has been greatly reduced. That’s thanks to MDOT’s highly successful Innovative Congestion Management System, initiated in 2017.

Expanding the use of ICM techniques is, in fact, one of the multiple smart alternatives to the toll lanes.

Yes, but…

Maryland Matters does as good a job as anyone summing up the toll-lane project’s current status: “Next steps are not immediately clear.” 

YES: Toll-giant Transurban has exited the I-495/I-270 project. A big step in the right direction.
BUT: Pro-highway interests keep pushing toll lanes, and we don’t know what the Moore administration will do.

YES: Gov. Moore has pledged to address the project through the “lens of equity… the lens of environmental protection” and to leave no one behind.
BUT: He hasn’t said “no” to a vastly inequitable project that benefits only the wealthiest.

YES: Making smart, collaborative decisions about regional transportation is immensely complex. The Moore administration needs time to do it right.
BUT: What doesn’t take time is announcing ASAP the end of any version of Hogan’s hugely harmful left-over of a plan. A plan that lacks public support. A plan that would require Moore to spend the rest of his first term imposing destructive construction on an unwilling public, only to leave them worse off  than before.

 

As long as any version of the toll-lane scheme remains on the table, our broad coalition will keep actively opposing it and pressing for the smarter alternatives. (See “Look to the List!” and “Latest Lawsuit”, below).

Northbound I-495 toll lanes between Tysons and Route 50 at peak congestion. General lanes (with no inside shoulder) are packed; toll lanes are empty. Maryland chose the same design.

Action Item

The fate of the toll lane project may be decided soon. Governor Moore repeatedly said he wants “engagement with local partners...” Lobbyists and special interests are working hard to get the governor’s ear. Our county elected officials need to be in that mix, actively calling for an end to this harmful plan.

Write to the Montgomery County Council today. Urge them to call on the Moore Administration to cancel the toll lane plan now in favor of the effective alternatives.

Use your own heartfelt/worried/impassioned words to explain why you oppose the project.

Send your message to county.council@montgomerycountymd.gov. Your message will be distributed to the Council President and all County Councilmembers.

 

 

Look to the List!

Anyone who doubts the breadth of opposition to the public-private toll lane scheme should check out the more than 70 organizational signers of this powerful letter to Transportation Sec. Wiedefeld.

Signing on: Unions, the Natural Resources Defense Council, the NAACP, civic groups, environmental coalitions, the Sierra Club of Maryland, transit advocates, conservationists, foundations, grassroots orgs, homeowners’ associations, scientific associations, sports orgs, faith ministries, the City of Rockville, and on and on.

It’s a gathering of advocacy forces that collectively represent hundreds of thousands of Marylanders who know a very bad deal when they see one. All are urging Governor Moore to make the only call consistent with his goals and values: end the toll lane scheme and pivot to future-looking alternatives that will truly meet public needs.

 

 

Latest Lawsuit

 

A dark hallmark of the toll-lane plan has been the relentless effort by MDOT and others to hide information from the public. Now the Maryland Transit Opportunities Coalition, our trusted partner, has filed a lawsuit to force the Federal Highway Administration to share documentation about the project. The suit calls out in particular the mysterious Capital Beltway Accord, the much publicized, never seen bi-state “agreement” that may or may not exist, may or may not govern Maryland financial commitments for the next 50 years, may or may not constrain Maryland transportation policy for generations. Thank you for filing, MTOC.

  

The construction/destruction that awaits us if Moore says ‘yes’.

Just one example: sound wall down, trees felled. Prep for toll lane construction.

Northbound I-495 near Georgetown Pike, 4/12/23.

You can easily see what will happen in MD if the toll lane project goes forward. Just take a drive on I-495 in Northern VA. Under Hogan, MDOT’s project was designed to be a continuation of VDOT’s 495 NEXT project, which is now under construction.

We need to make our voices heard! Write to the Montgomery County Council today at county.council@montgomerycountymd.gov.

Latest on Unfixable Toll Lane Plan

The toll lane plan Gov. Hogan left behind is a tangled mass of moving parts: legal, political, environmental, financial, procedural, and on and on.

The public and its advocates have done a remarkable job of shining light on the dark corners of this scheme (see ‘Stakeholders’ Table’, below). But as always, much remains hidden.

Here’s what we know about the project’s status:

  • Transurban & team officially have until March 21, 2023 — the deadline set by Hogan — to present their plan to the Moore administration.

  • Paul Wiedefeld, former head of WMATA and Metro, has been confirmed as State Transportation Secretary. He’ll be key to toll road decision-making.

  • Good news: the Montgomery County Council/County Executive drafted a transportation priority letter to MDOT that, instead of endorsing the project, calls for “careful and transparent analysis…to evaluate the necessity of public-private partnership…”

  • Positive sign: a 2/11/23, Washington Post article quotes a Moore spokesman about the toll lane project: “Governor Moore’s first priority is to review solutions through the lens of equity, sustainability, environmental protection and environmental justice.” (See ‘Separate and Unequal’, below.)

  • The Sierra Club-led Federal lawsuit to “halt the…toll lane project because of an insufficient and error-filled environmental review” is active and ongoing.

  • Our broad coalition of activist organizations is accelerating its role as truth tellers/fact checkers/supporters of our elected allies. The coalition posted this extensive list of smart, effective alternatives to the scheme and these must-read resources.

Action Item

 

The toll lane project is not over; we need to make sure our voices are heard. Share this update with family, friends, and newcomers to your area. Encourage them to join our mailing list at DontWiden270.org. Encourage them also to follow our trusted partners: Citizens Against Beltway Expansion (CABE); the Sierra Club of Maryland; Maryland Advocates for Sustainable Transportation (MAST); and the Maryland Transit Opportunities Coalition (MTOC). When people understand the truth about this project, they say ‘no’ to private toll lanes (see ‘Wash Post Poll’, below).

 

 

“Separate and unequal” toll lane P3 can never pass through Moore’s equity lens

 

If any private, for-profit toll lane plan goes forward, it will stand –literally -- as a concrete divider of the public into separate and unequal tiers. On one side -- the few able to pay exorbitant rates for faster, safer travel. On the other side, most of the public, who are consigned by a for-profit business model, to permanent congestion, worsening and new bottlenecks, and increased accidents.

 

Contrary to the marketing words of proponents, the project would use public infrastructure and public funds to lock in the degradation of social, economic, and environmental justice for generations.

 

It’s inconceivable that Governor Moore, with his welcome and intense focus on equity, would let that happen on his watch.

  • Especially not when the toll lane project would decimate the 8th most diverse city in the entire US, Rockville (which has been sounding the alarm for years); make travel worse than it is now for the 1st and 3rd most diverse cities in the US — Germantown and Gaithersburg — and clearly target the 4th most diverse, Silver Spring.

  • Especially not when the state has admitted the project will need government subsidy. The tax dollars of middle- and lower-income drivers who can’t afford the tolls would go to build express lanes for the wealthy few.

  • Especially not when so many smart, equitable alternatives exist. For instance, elements of MDOT’s hugely successful, state-funded I-270 Innovative Congestion Management system could be implemented on I-495 and other roads much more quickly and at vastly less cost and risk than the current P3. MARC train expansion, under study for years, already has wide acceptance.

MDOT's Innovative Congestion Management, 9/9/2021. MDOT


Sec. Wiedefeld: Bring public activists to the stakeholders’ table

 

Secretary Wiedefeld told a state Senate committee, “I need to get out and meet with a lot of the stakeholders about [the toll lanes]. We need to build a consensus about what we want to do there” (time stamp 2:14:15).

 

The Secretary will find no group of stakeholders who’ve spent more years (5) wading into as much opaque MDOT documentation (tens of thousands of pages), consulting more nationally known technical and legal experts, supporting more elected allies, and spending more time on research, study, and analysis of every aspect of the P3 project than the coalition of public activists/advocacy organizations opposing the project.

 

Collectively, we’ve documented and shared the work we’ve done and our wide-ranging findings.

 

Representatives of our broad coalition will be key to helping Sec. Wiedefeld arrive at accurate conclusions about the P3. The Secretary's office can contact any of the advocacy organizations linked in the Action Item above to get activists and experts involved in the Secretary's stakeholder process.

  

Wash Post poll confirms what Wash Post keeps denying…

 

People don’t want sky-high tolls, induced congestion, and new bottlenecks – especially people who will be directly impacted. A  Washington Post-University of Maryland poll shows 54% of Montgomery County respondents oppose the private toll lane project (of course they do) vs. 40% in favor. 50% of Prince George’s County respondents oppose the project vs. 42% in favor.

 

To see the poll data, go to Question 12 here, then scroll across to the Maryland Regions section, columns Y and Z.

 

NOTE: The Post’s implacable/irrational support for the toll lane scheme (to date they’ve published 20 pro-toll lane editorials) is now spilling over to its news reporting. See this posting about it from Transit for Maryland.