Insulating Transit Projects From P3 Non-Compete Clauses

Toll road projects using a public-private partnership often have non-compete clauses that protect the private partner if nearby projects impact profits. Maryland wants to exempt transit from those clauses.

1 minute read

April 7, 2018, 5:00 AM PDT

By James Brasuell @CasualBrasuell


"The Maryland General Assembly passed a bill this week that will free state-funded transit projects from the threat of non-compete clauses in state contracts with private toll lane operators," reports Sean Emerson.

According to Emerson, the bill represents a win for public transit investments, because "Maryland can invest in transit improvements adjacent to potential toll lanes without having to pay off a private toll operator for the privilege."

And there are toll lane projects ongoing in Maryland, where "the Hogan administration has proposed an extensive P3 to construct express toll lanes on I-270 and the Capital Beltway which will in all likelihood include such a clause," according to Emerson. The plan does not include any transit, but the "state has long planned to upgrade MARC rail service, especially the Brunswick Line between Frederick and DC, and this bill guarantees that the state will not need to compensate a private toll lanes operator for lost revenue should the state implement those MARC service enhancements."

Thursday, April 5, 2018 in Greater Greater Washington

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Blue and white Seattle Link light rail train exiting concrete Downtown Bellevue Tunnel in Bellevue, WA.

Why Should We Subsidize Public Transportation?

Many public transit agencies face financial stress due to rising costs, declining fare revenue, and declining subsidies. Transit advocates must provide a strong business case for increasing public transit funding.

April 7, 2025 - Todd Litman

Silhouette of man holding on to back of bicycle ridden by woman with Eiffel Tower in background.

Paris Bike Boom Leads to Steep Drop in Air Pollution

The French city’s air quality has improved dramatically in the past 20 years, coinciding with a growth in cycling.

April 14 - Momentum Magazine

Multifamily housing under construction.

Why Housing Costs More to Build in California Than in Texas

Hard costs like labor and materials combined with ‘soft’ costs such as permitting make building in the San Francisco Bay Area almost three times as costly as in Texas cities.

April 14 - San Francisco Chronicle

Western coyote looking at camera in grassy field.

San Diego County Sees a Rise in Urban Coyotes

San Diego County experiences a rise in urban coyotes, as sightings become prevalent throughout its urban neighbourhoods and surrounding areas.

April 14 - Fox 5