MDOT Files Draft Scorecard Law Regulations

The Maryland Department of Transportation (MDOT) has filed draft regulations with the Maryland General Assembly’s Administrative, Executive and Legislative Review (AELR) Committee, implementing the Maryland Open Transportation Investment Decision Act of 2016, informally referred to as the “scorecard” law. The draft regulations may be viewed here.

Under the much-discussed law, MDOT must adopt regulations on or before January 1, 2017 to address certain aspects of that law. Specifically, it states that MDOT shall:

 (1) In accordance with federal transportation requirements, develop a project-based scoring system using the goals and measures established under subsection (c) of this section;

(2) Develop the weighting metrics for each goal and measure established under subsection (c) of this section; [and]

(3) On or before January 1, 2017, adopt regulations to carry out the provisions of this section[.]

Maryland Annotated Code, Transportation Article, § 2-103.7(b). Additionally, the law states:

The Department shall multiply the total combined score of each major transportation project by a weighting factor equal to one plus the results of dividing the population in the area served by the project, as determined in regulations adopted by the Department, by the population of Maryland.

Maryland Annotated Code, Transportation Article, § 2-103.7(c)(3).

The draft regulations assign one set of weighting metrics for all relevant Consolidated Transportation Program projects, and define the “area served by the project” as the county or counties in which those projects are located.

Under “Opportunity for Public Comment,” the form indicates:

Comments may be sent to Eric R. Backes, Regulations Coordinator, MDOT, 7201 Corporate Center Drive, Hanover, MD 21076, or call 410-865-1158, or email to, or fax to 410-865-1113. Comments will be accepted through November 13, 2016. A public hearing has not been scheduled.