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

Young Professional

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 and Environmental 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 and Environmental Planner

Get top-rated, practical training for planners

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

Skyscrapers in Jersey City.

New Jersey’s second-largest city bans standalone data centers

Jersey City will continue to allow co-location facilities, such as those meant for research institutions that store their own data.

September 4, 2026 - The Cool Down

A New Jersey train approaches people waiting at the station.

Amtrak not solely to blame for New Jersey commuter rail's unreliability, report finds

A new study from the Garden State Initiative found that NJ Transit’s budget grew 20% across a 4 year period, but reliability declined significantly over the same period.

September 15 - Mass Transit

A tall, gray power plant billows smoke into a blue sky.

EPA erases limits on planet-warming pollution from power plants

Under Monday’s plan, power plants would still have some limits on how much mercury, arsenic and other contaminants they can emit.

September 15 - New York Times

A white RAPID bus. The lower half is light blue, and says RAPID in purple text. The bus is half visible, appearing from the left side of the image.

Phoenix announces new on-demand transit service, more frequent RAPID buses

Both new services will launch in October, and are part of Phoenix's Project Effective Access Solutions for Easing Congestion.

September 15 - KJZZ

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.