Bills Pass House to Reform P3 Process, Mostly Hold MDOT to Key Promises Made for I-495/I-270
The good news is that on Monday, right after the MDOT Public-Private Partnership Promises Act (HB 67) passed by a vote of 101 to 35, the House of Delegates also approved the P3 Reform and Collection of Video Tolls Act (HB 485). Now the fight shifts to the Senate.
The P3 reform bill, which was introduced by Del. Jared Solomon (D-Montgomery) would add much needed oversight and taxpayer protections in the wake of the Purple Line public-private partnership blowup.
Before passing it was amended to take effect immediately and require MDOT to send the Board of Public Works an analysis of the impact of recent increases in telework on traffic. Unfortunately, it was also amended to eliminate the requirement for a Final Environmental Impact Statement (FEIS) before MDOT could sign developer contracts on future future P3 projects.
Similarly, HB 67, sponsored by Del. Marc Korman (D-Montgomery) was amended so MDOT would no longer have to keep its its original promise to expand I-495/I-270 at no-net cost to taxpayers or its 2020 promise to the General Assembly to complete the FEIS before signing a developer deal.
The latter change seems to give MDOT a green light to proceed with a controversial pre-development agreement with P3 developer Transurban as early as April although the FEIS isn't due until the fall. Under the PDA, which the Board of Public Works is expected to take up soon, Maryland will pay Transurban to finish the FEIS.
CABE had argued the FEIS should be finished before signing any deals with Transurban because the public needs to fully understand the impact of this massive project before it can advance, especially given MDOT's resistance to sharing key data and the inadequate disclosures in last year's draft environmental impact statement (DEIS).
It’s important to remember that the 2020 draft EIA drew litigation threats from the Maryland-National Park and Planning Commission and others over its alleged failure to, among other things, adequately look at alternatives that would avoid or minimize environmental impact. (The DEIS also drew some 3000 comments, 80 percent criticized the current plan.)
Hiring Transurban to complete the FEIS also raises the specter of conflicts of interest, especially when it comes to analyzing issues like alternatives that avoid or minimize impacts to taxpayers, communities, and the environment.
On the plus side, HB 67 would require MDOT to keep other key promises, like sharing transportation data it’s been holding back with local planners, setting aside 10% or more of toll revenues left after construction costs are paid for a local transit fund; and requiring construction workers to receive union scale.
Bottom line: Despite the changes, we will fight to keep them from being similarly watered-down in the Senate.
But, time is running out. The General Assembly is scheduled to adjourn on April 12. Tell your Senators to support the MDOT P3 Promises Act (SB 843) and P3 Reform (SB 361) as introduced and make MDOT put its promises to the public first.
Spread the word.
|
|
|
A gravestone in the Morningstar Tabernacle No. 88 Cemetery in Cabin John, Maryland.
House, Senate Bills Aim to Save Historic African-American Cemetery from I-495 P3 Expansion
Senator Susan Lee (D-16) and Delegate Sara Love (D-16) have introduced bills to protect the historic Morningstar Moses Cemetery and Hall (MMC) in Cabin John from the plan to widen I-495/I-270 with high cost tollways. The companion bills are SB 960 and HB 1373, “Public Private Partnerships-Cultural Preservation.”
Located in the historically black community of Gibson Grove, the cemetery was established in the 1880s by local survivors of American slavery. Descendants, community members, and preservationists are trying to protect these sites, which the Maryland Historical Trust has deemed historically significant.
The Trust has also determined that the sites would be adversely affected by the proposed P3 to widen I-495/I-270. The current design is expected to call for two-sets of on-and-off ramps on River Road to handle tollway and free lane traffic respectively.
If enacted, the bills would prohibit MDOT from acquiring a right-of-way or exercising eminent domain for a highway project that adversely affect these sites unless the General Assembly approves the development of the project.
We urge you to contact your state legislators. Tell them to support SB 960 and HB 1373. Spread the word.
|
|
MDTA Vote on Transurban P3 Contract Delayed by Bidder Protest
Well, this is interesting. The Maryland Transportation Authority postponed a March 25 vote on the first contract for the plan to expand I-495/I-270 with for-profit tollways because one of the rejected bidders filed a protest to MDOT's decision to award the first contract to Transurban.
According to The Washington Post, MDOT had planned to get the MTA's sign off on a $50 million "pre-development agreement" with Transurban before taking the contract to the state’s Board of Public Works for final approval.
The anonymous bidder protest goes to the state's contracting officer. If the bidder is unsatisfied, it proceeds to MDOT and, ultimately, could end up in court.
The Washington Post notes that under state law, the General Assembly must have 30 days to review the contract before the final vote.
However, MDOT told the Post it claims the right to pursue a contract under challenge if it decides that's what it will take to "protect substantial state interests." (MDOT did not clarify which substantial state interests it had in mind.)
|
|
DC Traffic is Faster Than P3 Bidder's Hometown on Global Scorecard
Wow -- DC is no longer a world poster child for congested cities, thanks in part to the COVID-19 shift to teleworking.
The Washington Post recently reported that DC was booted from the list of top 10 worst cities thanks to a staggering 77% drop in traffic delays according to data from Inrix, a global research company. That was the biggest drop among all U.S. cities.
In fact, DC drivers spent less time in traffic last year than Australian drivers in Melbourne, Australia, the headquarters of Transurban, the company MDOT selected for the first contract on the I-495/I-270 Luxury Lane expansion.
Inrix estimates DC-area drivers lost 29 hours sitting in traffic in 2020. Inrix also reports drivers lost 51 hours in Sydney and 38 hours in Melbourne, where P3 highways dominate.
It is just a COVID thing? We don't know. But the Inrix scorecard shows Melbourne and Sydney outranking DC in three of the last four years.
|
|
CABE Classifieds
Free CABE Sign Replacement Frames: If your CABE frame is bent, give us a shout for a free replacement courtesy of a generous member donation. Contact Arlene.
|
|
|
|
