A recent ruling by Montgomery County Circuit judge John M. Maloney could delay the controversial I-270 expansion project known as Op Lanes Maryland. The project, which Governor Larry Hogan (R) has been pushing for since September 2017, would add toll lanes to I-270 and I-495 with the goal of easing traffic congestion.
Governor Hogan is relying on a public-private partnership—known as a P3—to fund the construction and management of toll booths that would pay for the expansion of I-270 and I-495. Companies interested in the project must make a bid that is then evaluated by the state, which chooses a company to award a contract to.
Capital Express Mobility Partners (CEMP), a company that was bidding on the project, sued the Maryland Department of Transportation (MDOT) for dismissing their objection to awarding Accelerate Maryland Partners (AM Partners) a pre-construction contract.
CEMP’s objection was that AM Partners’ proposal was not “financially feasible,” in part because their construction partner had left the group. Additionally, CEMP argued that AM Partners was offering the cheapest bid, such that the project would be unsustainable.The MDOT had dismissed these objections, claiming that they had been filed after the deadline.
“How are you going to have the lead contractor be the toll booth guys and the money guys?” CEMP attorney Douglas Gansler said.
On the contrary, Assistant State Attorney General Lydia B. Hoover argued in a 75-minute Zoom hearing on Feb. 16, 2022 that CEMP had waited until they had lost their bid to file their complaint. Maloney questioned how CEMP could have known what AM Partners’ bid was before the bids had been submitted.
Judge Maloney ruled in favor of CEMP and the MDOT will have to reconsider the objections made by them based on their content.
Delays
The project has been a controversial topic for those in Montgomery, Prince George’s, and Frederick counties, which are where the changes would take place.
“It would be an environmental disaster because of all the air and water pollution that would be generated by the additional number of cars on the expanded highway,” Sierra Club of Maryland Transportation Chair Brian Ditzler said via email.
Taking this into account, the MDOT State Highway Administration conducted the I-495 and I-270 Managed Lanes Study to evaluate alternatives that incorporated environmental analyses. After a period of public comment, they chose Alternative 9, which would add two toll lanes in each direction on I-495. On I-270, it would convert one existing HOV lane to a toll lane and add one toll lane in each direction.
Environmental groups published their comments on the study, finding flaws with the cost breakdown, traffic analysis and impacts on safety.
The Maryland Transit Opportunities Coalition, made up of transit advocacy groups from different counties, opposes the plan and has pushed for more support for public transit, such as the Maryland commuter rail system, or MARC train, and buses.
A vote by the Board of Public Works to approve the contract was expected this summer or fall, but it has moved to the end of the year. Both Governor Hogan and Comptroller Peter Franchot who sit on the Board of Public Works are term-limited.
“It looks more and more like the final decision on this project will be made by the next governor of Maryland,” Maryland Transit Opportunities Coalition Chair Ben Ross said.
Tanya Sheres, a spokesperson for Transurban, the company that manages AM Partners, stated that Maloney’s ruling would not impact the project’s schedule.
Questions or comments on Op Lanes Maryland can be submitted through email: oplanesmd@mdot.maryland.gov.
Written by Daniela Freixas-Pavez of Northwest High School
“Toll gate on Vijayawada – Hyderabad highway” by vijay_chennupati is marked with CC BY 2.0