Take Action Today! Tell the Board of Public Works to Delay Vote on First I-495/I-270 Contract

Shouldn’t we know the environmental, fiscal and social risks of adding toll lanes to I-495 and I-270 before the State signs any contracts for the project? Of course, we should. That’s the normal process. 

But MDOT isn’t waiting for the Final Environmental Impact Statement (FEIS) before asking the Board of Public Works to approve the predevelopment agreement, the first contract for Phase 1 of the project. They plan to submit the contract to the Board of Public Works as soon as May 5, months before the FEIS is expected.

MDOT is not waiting to show us:

• The amount of subsidies taxpayers will be forced to pay the developer;

• The harm it will cause our parks;

• How the project will contribute to global warming;

• The disparate impact it may have on low-income communities and communities of color;

• The damage it will do to our streams, the Potomac River and Chesapeake Bay.

Join us in urging the Board of Public Works to get all the facts before voting on the predevelopment agreement.

Rep. Brown and Sen. Van Hollen Raise I-495/I-270 Project Concerns with US DOT

On April 2, U.S. Representative Anthony Brown (D-Prince George’s County) sent a letter to U.S. Dept. of Transportation Secretary Pete Buttigieg, criticizing Maryland’s plan to widen I-495 and I-270. As reported by Maryland Matters, the letter specifies “deficiencies” of the project including “a lack of consideration of transit options and investment, a dated and inequitable approach to improving infrastructure that is out of step with the Biden/Harris administration’s modern approach to infrastructure, the unknowns of the impact of COVID-19 pandemic on travel, and phasing inconsistencies between the procurement process and the planned Environmental Impact Statement.”

Senator Chris Van Hollen (D-MD) sent a similar letter on March 19, reminding Sec. Buttigieg that President Biden’s January 20 executive order prioritizes climate change and environmental justice in the administration’s decision-making.

Both of these letters point to the role that the federal government will play in determining whether the plan to add toll lanes to I-495 and I-270 moves forward. Under the National Environmental Policy Act, the U.S. Department of Transportation is required to approve the environmental review conducted by the Maryland Department of Transportation (MDOT). The decision to approve or disapprove is expected about one month after MDOT completes the Final Environmental Impact Statement (FEIS) for the project, this fall. As you will recall, the Draft Environmental Impact Statement issued by MDOT last July was deeply flawed. Among its many deficiencies, it failed to assess the project’s impact on global warming and whether it would have a disparate impact on low-income communities and communities of color.

Many thanks to Sen. Van Hollen and Rep. Brown for raising their concerns with Sec. Buttigieg.

End of Maryland General Assembly Nears With P3 Reform Bill, MDOT Promises Act Pending in Senate

Both the P3 Reform Bill (HB 485), sponsored by Del. Jared Solomon (D-Montgomery), and the MDOT Promises Act (HB 67), sponsored by Del. Marc Korman (D-Montgomery), were passed by the House of Delegates in late March.

On Monday, HB 485 was approved by the Senate Education, Health and Environmental Affairs Committee by a vote of 7 to 4. Committee Vice Chair Cheryl Kagan (D-Montgomery) spoke strongly in favor of the bill along with Committee Chair Paul Pinsky (D-Prince George’s).  The bill must now be considered by the Budget and Taxation Committee. B&T Committee Vice Chair Jim Rosapepe (D-Prince George’s) is the Senate sponsor of the bill and is working to win approval of the legislation in one of the few remaining Committee meetings before the Maryland General Assembly session ends on April 12.

While HB 485 is mostly aimed at improving the process for future P3 projects, it would require MDOT to conduct a study on the increase in telework and the impact it will have on traffic patterns and congestion on I-495/I-270.  If telework were to reduce toll revenues on the I-495/I-270 toll lanes, it could force the State to fork over more subsidies to the developer.

The outlook for the MDOT Promises Act is not hopeful. It was substantially weakened by the House. It appears that the bill cannot be fixed and that there will be no action in the Senate. While both bills are opposed by MDOT and the road construction industry, the MDOT Promises Act sustained the strongest attacks.

Senate Committee Holds Hearing on Bill to Protect Moses Morningstar Cemetery from Toll Lanes

On Thursday, the Senate Education, Health and Environmental Affairs Committee conducted a hearing on a bill that would prohibit MDOT from taking property at historic and cultural heritage sites for a public-private partnership (P3) project, without approval from the Maryland General Assembly. The bill would require legislative approval for MDOT to take part of the property at the Moses Morningstar Cemetery, an historic African American cemetery in the Cabin John area, for the I-495/I-270 toll lanes. The bill (SB 960/HB 1373) is sponsored by Sen. Susan Lee (D-Montgomery) and Del. Sara Love (D-Montgomery). While the bill is serving to educate members of the General Assembly about this threat from the toll way project, it is likely too late for it to be voted on by the House and Senate.

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