Public investments in our transportation system are some of the largest and most important investments our state makes. Yet we are behind others in terms of prioritizing such projects using a standardized set of goals and an open and transparent process. That's what makes the Maryland Open Transportation Investment Decision Act of 2016 so vital; it lays out a common-sense approach we can follow.
Unfortunately, the Hogan administration has been against this legislation from the start and continues to undermine this new law.
The Maryland Department of Transportation is required to adopt regulations by Jan. 1, 2017, for implementation of the act. However, out of nowhere, the department sent letters to county governments in late July giving them two weeks to supply many studies, data and other background for their requested projects in order for them to be considered for funding. The department claimed all this new information was needed because of the legislation. In my 23 years in state government, I never saw a major piece of legislation pass, followed by several months of silence by the implementing agency, which then gives local governments 14 days to supply a bunch of information that they didn't even know they had to provide.
What's more is that the department hasn't even started to outline how it is going to develop its ranking system, what its draft regulations will look like, what its overall approach will be, etc. Traditionally, state agencies conduct meetings and workshops with local governments and other stakeholders on new legislation that affects them early on before formal implementation steps begin. That's what they do when operating responsibly. So why is the department all of the sudden trying to scare local governments with these letters demanding a large amount of information in the thick of summer? Are they trying to turn the local governments against the General Assembly by unnecessarily making this effort as painful as possible?
The Hogan administration is twisting an ounce of truth as the reason for their actions. While the legislation clearly states that the department must adopt ranking system regulations by January, it is not 100 percent clear when the proposed project ranking work is to begin. Any experience with the legislative process reveals that most bills have a few components that are not totally clear; however, for those who participated in the process and looked at the bill in its entirety, it usually is clear. Such is the case here. Obviously, it makes sense that the ranking process would occur after the regulations are adopted, as the attorney general's office recently confirmed. The legislation requires the department to develop the scoring system for prioritizing proposed projects for funding by January, and then to apply that system to proposed projects next summer in time for the draft Consolidated Transportation Plan in the fall of 2017.
Good transportation policy and investments are important for getting people to jobs, for economic and community development, for protecting the environment and more. We expect the department to live up to its responsibility to implement the new legislation in a professional manner so that Maryland will benefit from a system that openly ranks proposed transportation projects for funding via objective criteria. This will lead to public getting the best return on its transportation investment.
Richard Eberhart Hall is executive director of the Citizens Planning & Housing Association; his email is Rich@cphabaltimore.org.