Gov. Kathy Hochul said in July that she is open to restarting congestion pricing if the $15 base fee is reduced. Hochul unexpectedly halted the program just weeks before it was set to begin, and after the tolling apparatus had been installed and its fee structure established. “It’s just not the right time,” Hochul said in June, calling it too much to handle, “on top of everybody’s expenses for groceries and everything.”
State Sen. Brad Hoylman-Sigal said that it’s crucial for the tolls – regardless of their price structure – to advance sooner rather than later in the event former President Donald Trump is elected in November. Trump pledged to scrap the program, Hoylman-Sigal added.
To change the fee structure, the state Legislature would need to return to Albany for a special session ahead of January and make up the revenue difference by approving supplemental funds. Any change would also require a fresh review and approval by the MTA’s board and the Federal Highway Administration, a process that could take months. State law legally mandates that congestion pricing, which would reduce vehicle traffic on Manhattan’s busiest streets and improve the region’s air quality, generate roughly $1 billion in annual revenue, which the MTA would then bond to $15 billion for mass transit upgrades.
Midtown Traffic is Slower Than Ever
Meanwhile, traffic in Manhattan’s Central Business District (CBD) and Midtown is moving slower than ever, newly crunched data shows. Average speeds in the CBD for 2024 dropped below 7 miles per hour in June, according to taxi and for-hire vehicle speed data analyzed by former city Traffic Commissioner “Gridlock Sam” Schwartz. Traffic moved just 6.8 mph in the CBD and 4.6 mph in Midtown, the slowest June on record. Schwartz’s data dates back to 2010, when the average CBD speed for the year was 9.2 mph, and the average Midtown speed was 6.4 mph – meaning speeds have dropped by 25% in the past 14 years. According to official forecasts, the tolls would reduce the number of cars and trucks in the CBD by 17%.
“If you’re taking a cab two and a half miles, it used to take you 20 minutes. It’s now taking you far more than a half hour,” explained Schwartz. “For the cab driver, it means you do fewer trips… It’s bad for our health, it’s bad for the planet, it’s bad for business and it’s bad for New York.”
City Comptroller Challenges Hochul’s Congestion Pricing Pause
City Comptroller Brad Lander has assembled a legal team that is expected to announce litigation aimed at activating congestion pricing, according to media outlet, amNY. The litigants, which include advocates for transit riders, the environment, and civic associations, said they intend to argue in state court that the pause was illegal under the original 2019 statute authorizing the toll, which stated the MTA “shall” implement a congestion pricing program to fund its capital plan.
The legal team also intends to argue that the pause violates the Climate Leadership and Community Protection Act (CLCPA), the 2019 statute codifying the state’s goals for reducing carbon emissions, as well as the 2022 Green Amendment approved by voters, which establishes a right to a “healthful environment.” The team is also developing a lawsuit helmed by riders with disabilities, who will lose out on accessibility upgrades on dozens of subway stations without the toll money.
Union, Advocates Sue MTA Over Service Cuts Linked to Hochul’s U-Turn
Another lawsuit, from The Transport Workers Union, is challenging top MTA officials in court over an alleged “shadow cut” to bus service that’s making riders endure longer wait times. Filed July 17 in Manhattan Supreme Court by Public Advocate Jumaane Williams and TWU Local 100 leaders, the lawsuit accuses the MTA of violating New York State Public Authorities Law by last reducing “between 5% and 10%” the number of bus runs in Brooklyn, Manhattan and The Bronx.
The suit seeks a temporary restraining order to stop transit officials “from continuing cuts in bus runs and trips,” blaming Gov. Hochul’s congestion pricing pause and naming MTA Chairperson and CEO Janno Lieber and Demetrius Crichlow, the interim president of the New York City Transit Authority, as defendants. The law governing state authorities like the MTA requires 30 days’ notice to the mayor and City Council of service reductions to non-emergency bus services. Hochul’s indefinite pause on congestion pricing also forced the MTA to halt billions of dollars of long-planned work on major projects that include subway signal upgrades, system expansions and the purchase of new trains and buses.
Getting Congestion Pricing Back on Track
To get the program restarted, Mike Flynn and Melvin Wah from the AICP wrote the following in an editorial that ran on the SamSchwartz.com website in June: “We need to clearly articulate the vision and broad benefits that congestion pricing can bring and how that relates to the wider public. This involves introducing the policy to affected parties, such as drivers and businesses, conducting stakeholder engagement workshops to foster dialogue and understanding among different groups affected differently by the policy, and forming a diverse coalition of business and third-sector leaders to garner broad support for implementation. Toll rates should take into consideration not just the budget deficit within transit agencies, but also consider the economic and health ramifications of greenhouse gas emissions from congestion and air pollution. This will help the public see the alignment between congestion pricing and broader environmental and societal goals, promoting sustainability and healthier communities while also addressing the critical funding needs for transportation infrastructure.”
Sources: Crain’s New York Business, SamSchwartz.com, StreetsBlog NYC, amNY, The City
