“Plaintiff does not dispute the facts that

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“Plaintiff does not dispute the facts that

  • “Plaintiff does not dispute the facts that

  • I-77 suffers from severe traffic congestion or that increased lane capacity is needed to improve mobility in the Project Area.”















~13miles 27.5miles

  • ~13miles 27.5miles

  • ~$100 million $655 million

    • (All taxpayer funds) ($118M taxpayer funds)
  • 2-4 lanes All of RoW

  • Able to expand U.R.I.F.







Taxpayer Contribution $88M

  • Taxpayer Contribution $88M

  • Taxpayer Bonus Allocation $30M

    • For improving private toll lanes
  • Taxpayer Subsidy $75M

    • To cover potential revenue shortfalls


Built and operated under an exclusive 50 year contract

  • Built and operated under an exclusive 50 year contract

  • Vehicles with 3+ occupants use lane for free

  • Electronic Tolling- no toll booths

  • Guaranteed minimum speed

  • “Congestion pricing”

    • More congestion in “free” lanes = higher price to use toll lanes


“One inherent but sobering assumption in all this is that the GP lanes (in any project) are/were congested and for the most part, would remain congested, for this is why the justification for an express lane exists in the first place. No one wants congestion in the GP lanes. So the express lane provides an option, not a full solution. Indeed, if congestion in the GP lanes ever dissolves, than (sic) the incentive to use an express lane would dissolve too.” Neil Spiller Program Manager, Access Management FHWA Office of Operations- Office of Travel Management email communication approved by FHWA Public Affairs Office, Feb 4, 2013 (emphasis added)

  • “One inherent but sobering assumption in all this is that the GP lanes (in any project) are/were congested and for the most part, would remain congested, for this is why the justification for an express lane exists in the first place. No one wants congestion in the GP lanes. So the express lane provides an option, not a full solution. Indeed, if congestion in the GP lanes ever dissolves, than (sic) the incentive to use an express lane would dissolve too.” Neil Spiller Program Manager, Access Management FHWA Office of Operations- Office of Travel Management email communication approved by FHWA Public Affairs Office, Feb 4, 2013 (emphasis added)



“The analysis included in the (toll project) indicated modest improvements to average travel speed (all vehicles) and person trips processed with minimal impact to the travel speed in the existing general purpose lanes.”

  • “The analysis included in the (toll project) indicated modest improvements to average travel speed (all vehicles) and person trips processed with minimal impact to the travel speed in the existing general purpose lanes.”

    • -- MUMPO TCC I-77 Task Force Meeting August 8, 2012 RFP Issues memo, August 13, 2012
    • Bill Coxe, Chair, Technical Coordinating Committee, Mecklenburg-Union Metropolitan Planning Organization
















Passed summer 2013

  • Passed summer 2013

    • HB 817
  • Replaces Equity Formula

  • More data-driven

    • Using objective criteria




GS 136-189.11.1 Transportation Investment Strategy Formula

  • GS 136-189.11.1 Transportation Investment Strategy Formula







“Under the STI law all projects that were projected for construction after July 1, 2015 are subject to scoring under the new funding formula.”

  • “Under the STI law all projects that were projected for construction after July 1, 2015 are subject to scoring under the new funding formula.”

  • “Because the I-77 North Managed Lanes (North of I-277) project is scheduled to begin construction before July 1, 2015 it is not subject to the new law and was not scored under STI.”



The I-77 HOT Lane Project

  • The I-77 HOT Lane Project

    • Does not solve the congestion problem
    • Burdens middle and low income commuters with high tolls or excessive, increasing congestion- it’s a rich man’s road
    • Siphons $13.6B out of our local economy
    • Essentially eliminates the possibility of improvements for 50 years
    • Involves substantial taxpayer obligation for a private project from which a private company will profit
    • Costs the taxpayer more than a public project
    • Carries significant risk of default
    • Does not serve the public interest


The private toll lane project does not serve the public interest

  • The private toll lane project does not serve the public interest

  • It does not alleviate congestion… it ensures it.



“No more than 10% (or about $200 million) may be assigned to any one project or group of projects within the same corridor during a five year period.”

  • “No more than 10% (or about $200 million) may be assigned to any one project or group of projects within the same corridor during a five year period.”

  • …”I-77 South projects would out score, and use all of the corridor funds available for at least the next ten years….”

  • “Right of way purchase for the I-77 South projects begin in 2024, with actual construction still further out.”




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