HB 292
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 292 (Delegate Lehman, et al.)
Environment and Transportation
Toll Roads, Highways, and Bridges - County Government Consent Requirement
- Expansion
This bill expands the requirement that a State agency receive the express consent of a
majority of the affected Eastern Shore county governments before it constructs a toll road,
toll highway, or toll bridge in those counties. Under the bill, this requirement is expanded
to apply to all counties in the State (including Baltimore City) if they are affected by any
such toll road, toll highway, or toll bridge.
Fiscal Summary
State Effect: To the extent the bill results in a delay or cancellation of transportation
projects that otherwise would occur, State operations and finances may be significantly
affected.
Local Effect: County governments can approve any toll facility in the manner required by
the bill using existing resources. Revenues are not directly affected.
Small Business Effect: Minimal or no direct effect. However, to the extent the bill results
in a delay or cancellation of transportation projects that otherwise would occur, small
business contractors may be significantly affected.
Analysis
Bill Summary: A State agency, including the Maryland Transportation Authority
(MDTA), may not construct any toll road, toll highway, or toll bridge without the express
consent of a majority of the governments of the affected counties (including
Baltimore City).
Current Law/Background:
Toll Highways in the State
Since 1971, MDTA has been responsible for constructing, managing, operating, and
improving the State’s toll facilities (for example, the Chesapeake Bay Bridge and
Intercounty Connector) and for financing new revenue-producing transportation projects.
MDTA has the authority to set tolls on transportation facilities projects under its
supervision. There are currently two transportation projects in the planning stage that
involve tolls (the third span across the Chesapeake Bay Bridge and the Governor’s Traffic
Relief Plan) and one project in the construction stage that involves tolls (the extension of
I-95 express lanes).
A State agency, including MDTA, must get the approval of the majority of affected
governments to construct a toll road, toll highway, or toll bridge in Caroline, Cecil,
Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties.
Chesapeake Bay Bridge
The Chesapeake Bay Bridge is the only toll bridge in Maryland that currently crosses the
Chesapeake Bay. The bridge connects Maryland’s Eastern Shore recreational regions with
the metropolitan areas of Annapolis, Baltimore, and the District of Columbia. The original
two-lane bridge was constructed in 1952, and the second three-lane bridge was constructed
in 1973. MDTA estimates that about 25.6 million vehicles crossed the bridge in fiscal 2014.
Traffic congestion on the bridge can be severe.
MDTA is currently undertaking a Tier 1 National Environmental Policy Act study for a
third crossing of the Chesapeake Bay. One of the issues being explored is the best location
for such a bridge. A draft of the study is scheduled to be complete during summer 2020,
while the full study is scheduled to be complete during summer 2021. Updates on the
progress and findings of the study can be found on MDTA’s website.
Traffic Relief Plan
In September 2017, the Governor announced plans to add four new lanes to I-270 in
Montgomery County, the Capital Beltway (I-495), and the Baltimore-Washington Parkway
(MD 295), with the first two projects expected to be completed using public-private
partnerships (P3). In June 2019, the Board of Public Works (BPW) voted to designate the
I-270 and I-495 projects as eligible for a P3 and approved the proposed competitive
solicitation method for selecting a developer for each phase of the program. On
January 8, 2020, BPW approved the plan with amendments – the preliminary solicitation
schedule for Phase 1 anticipates execution of the P3 agreement in May 2021.
HB 292/ Page 2
The Consolidated Transportation Program (CTP) for fiscal 2020 through 2025 includes
$95.8 million to continue planning for the new lanes on I-270 and I-495. The Maryland
Department of Transportation (MDOT) advises that one of the goals of the I-270 and
I-495 project is that there will be no net cost to the State. To that end, MDOT advises that,
in time, it will be repaid for these and other project development costs by the P3 partners.
The CTP also includes $25,000 for planning of the MD 295 project.
Extension of Interstate 95 Express Toll Lanes
MDTA is currently in the construction phase of a project to extend two express toll lanes
along I-95 to MD 24, including safety enhancements and bridge replacements. The CTP for
fiscal 2020 through 2025 includes $126.8 million in fiscal 2021 for the engineer,
right-of-way acquisition, and construction of the project. The total project cost over the
six-year period is estimated at $942.4 million.
State Fiscal Effect: The bill has the potential to affect the State’s current plan to create a
third span across the Chesapeake Bay, the Governor’s Traffic Relief Plan, and the
I-95 express lane extension; all of these projects either affect or are likely to affect counties
that, under the bill, must approve of any toll road, toll highway, or toll bridge. In addition
to projects already underway, the bill could also affect toll facility projects proposed in the
State in future years.
Any potential impact on the State cannot be reliably estimated at this time because it
depends on numerous unknown factors, including (1) how and where toll
roads/highways/bridges would be established in the absence of the bill and (2) whether the
affected counties authorize any such toll facility under the bill’s provisions.
For example, if, under the bill, the affected counties authorize a proposed toll facility, the
bill has no direct effect on State finances; however, to the extent that the additional
authorization needed causes a delay in project development, total project costs could
increase. On the other hand, if any affected counties do not authorize a proposed toll
facility, the State’s plans may need to be modified or abandoned, which could have
significant fiscal effects.
In addition, MDOT advises that the bill’s changes could add risk to private partners
participating in P3s in Maryland.
Small Business Effect: Although the bill’s requirements have minimal or no direct effect
on small businesses, to the extent any proposed transportation projects are delayed or
cancelled as a result of the bill, any small business contractors involved in the construction
of such projects may be meaningfully affected.
HB 292/ Page 3
 Additional Information
Prior Introductions: SB 442 of 2019 received a hearing in the Senate Finance Committee,
but no further action was taken. Its cross file, HB 102, received a hearing in the House
Environment and Transportation Committee, but no further action was taken.
Designated Cross File: SB 229 (Senator Lee, et al.) - Finance.
Information Source(s): Maryland Department of Transportation; Anne Arundel, Harford,
Howard, Montgomery, and Prince George’s counties; Maryland Association of Counties;
Department of Legislative Services
Fiscal Note History: First Reader - January 27, 2020
md/lgc
Analysis by: Richard L. Duncan Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 292/ Page 4


Statutes affected:
Text - First - Toll Roads, Highways, and Bridges - County Government Consent Requirement - Expansion: 4-407 Transportation