The state budget bill that Republican lawmakers plan to pass this week includes a provision that could require Charlotte and other local governments to reimburse the Department of Transportation for more than $60 million spent designing the now-rejected Interstate 77 toll lanes.
The provision also makes Democratic Gov. Josh Stein the key decision-maker on whether Charlotte has to pay that money back.
WFAE’s Steve Harrison joined All Things Considered host Nick de la Canal to talk about this latest twist in the I-77 saga.
Nick de la Canal: Steve, it looks like GOP legislators are trying to force Charlotte to either reverse course and support the toll lanes again — or else pay up.
Steve Harrison: That’s a fair read of the budget bill. Much of the provision about I-77 was originally in an amendment sponsored by Republican state Sen. Vickie Sawyer, who said in an email to a Charlotte resident that it was a “punitive measure.”
The provision states that if a Metropolitan Planning Organization takes a unilateral action to remove a project from its list of transportation projects then any local government that voted to do so shall pay the state back for the money spent on the project so far and that until they do, new state transportation money to those governments will be frozen.
The DOT has said it has spent $64 million so far.
The Charlotte business community wants to see the toll lanes back on track because I-77 is one of the state’s most congested highways. And Republican lawmakers are trying to force Charlotte’s hand and get the city and others to rescind their rescission of support for the toll lanes.
De la Canal: Rescind their rescission. Say that three times!
Harrison: I’ve said that once – not going to try again.
De la Canal: Ok. Let’s talk about unilateral action — I understand those are two key words in the I-77 provision. Who determines what that is?
Harrison: So it would be up to the DOT to determine whether or not an action by the planning organization is a unilateral action. The department would then send its findings — in writing — to the local governments.
So far, the DOT has opposed what Charlotte and other governments did in rejecting the toll lanes.
But if this provision becomes law, it’s possible the DOT could reverse itself and say, Look, there is so much opposition to this project locally we no longer think it’s the best path forward. So this is no longer a unilateral decision.
De la Canal: And how does Gov. Josh Stein fit into all of this?
Harrison: Stein runs the Department of Transportation. The DOT secretary, Daniel Johnson, reports directly to him.
So, if the governor decides I-77 toll lanes aren’t right for Charlotte, he can make his department side with the city and declare that it wasn’t a unilateral action. It’s a get-out-of-jail-free card for Charlotte, in a sense.
But, Nick, this is interesting: During this seven-month controversy over I-77, Stein has so far largely removed himself from the action. He has only spoken about it briefly.
The governor was in Charlotte in June and was asked about I-77 by reporters.
He said the GOP proposal to make Charlotte pay the money back was a threat — and that wasn’t a good way to reach a goal.
Then he also said the highway needs to be improved.
Stein: “I want there to be rational smart investments in infrastructure here in Mecklenburg County. That’s why I supported the sales tax in order to help the region address and get ahead of the traffic needs. And I’m just hopeful that the broader community in Charlotte can come together around a plan that makes sense.”
De la Canal: So, Steve, after listening to that quote, what stood out to you?
Harrison: I thought it was interesting when he said he wants the community to come together around a plan that makes sense.
Because the Charlotte community has already spoken on this. The City Council narrowly voted against the toll lanes, as did Mecklenburg County. And then the Charlotte Regional Transportation Planning Organization did the same.
And it’s Stein’s DOT that designs highways. And the governor has just removed himself from being a part of his discussion, almost casting himself as a bystander.
De la Canal: So what happens next in this saga?
Harrison: The General Assembly aims to pass the budget bill this week. Stein is expected to sign it.
Then there would be roughly 90 days for Charlotte and the other governments to reverse course on I-77 or risk having to pay that money back.
The progressive group Action NC is already calling on the City Council and Mecklenburg County Commissioners to pass resolutions urging Stein to stand with them and declare that their actions of I-77 were not unilateral.
De la Canal: What will be part of the governor’s decision on I-77 do you think?
Harrison: Well, on one hand, he will have the business community urging him to do everything he can to keep the toll lanes moving — that means declaring that Charlotte and others acted unilaterally.
And on the flip side, you have mostly Black residents — many of them Democratic voters — wanting him to stop the project and say, 'Hey, the DOT now agrees with Charlotte. Let’s do something else.'
