Gov. Hochul Signals Plan to Unpause Congestion Pricing Toll

New York Gov. Kathy Hochul on the floor of the Democratic National Convention in Chicago on Aug. 21, 2024. Travis Gillmore/The Epoch Times

NEW YORK—New York Gov. Kathy Hochul’s announcement of her plan to reverse the pause she placed on congestion pricing over the summer sparked a vigorous reply from lawmakers who oppose the policy and the strain they say it will place on commuters.

At a news conference on Tuesday, the governor faced heated opposition from both those who oppose congestion pricing and those who support it and vocally object to her having paused it.

“Nine lawsuits later, I’m still standing. I’m still the governor of New York. I plan to put forth a proposal that will fund the program, deal with mitigation of environmental impacts, congestion mitigation as well,” Hochul said.

If and when congestion pricing does go into effect, the toll reportedly may be somewhat lower: $9 instead of the $15 originally envisioned.

The announcement of her plan to unpause congestion pricing marks a shift on the governor’s part. She recently sought to have two lawsuits challenging her pause dismissed, only to have Manhattan Supreme Court Judge Arthur Engoron rule at the end of September in favor of allowing the lawsuits to proceed.

Congestion pricing, a policy of imposing a steep toll on commuters who enter Manhattan below 60th Street, was originally set to take effect on June 30 this year in accordance with the 2019 Metropolitan Transportation Authority (MTA) Reform and Traffic Mobility Act. The toll would be assessed on top of already steep tolls for drivers using bridges and tunnels to enter Manhattan. At a June 7 press conference, the governor cited the inflation that many families were struggling with as a reason for reconsidering the tolls.

Proponents include New York City political figures such as comptroller and mayoral primary candidate Brad Lander and members of the City Council, who say the city needs the revenue from congestion pricing to qualify for $15 billion worth of bonds that will enable upgrades to decaying transit systems. They also say congestion pricing will alleviate air pollution by encouraging green alternatives to cars and buses.

However, opponents of the policy argue that $15, or even the $9 that Hochul now says she favors, is too steep a fare for working commuters who enter and leave the city every day. They argue that implementing a similar policy in London has only caused further class stratification. Wealthier commuters are able to pay the tolls, but those who cannot pay are forced to alter or abandon their routines.

The issue has long been controversial. During the hearing in September that ended in Engoron’s ruling in favor of continuing the lawsuits, Alan Schoenfeld, a lawyer for the governor, argued that Hochul had not flip-flopped on the issue. He said that she had initially signaled her support for congestion pricing and had then merely paused it on procedural grounds, with review and approval of a Triborough Bridge and Tunnel Authority (TBTA) agreement pending.

But advocates were not convinced. Andrew Celli, a lawyer for the plaintiffs, argued that the TBTA, not the governor, had the statutory authority to issue a pause on such grounds.

Daniel Mullkoff, a lawyer at the firm Cuti Hecker Wang, argued that the far-reaching upgrades to the transit system that congestion pricing envisions are not merely cosmetic. Rather, they are necessary to expand access to public transit for persons with disabilities and hence meet the city’s legal obligations under the Americans With Disabilities Act.

Lawmakers Fire Back

Since Hochul’s press conference, lawmakers in counties where large numbers of people commute to the city have unleashed a barrage of criticism.

Rep. Mikie Sherrill (D-N.J.) promptly issued a statement calling the governor’s scheme “an ill-thought-out plan to fund the MTA on the backs of New Jerseyans.”

The congresswoman argued that the plan will achieve the opposite of its intended goal of cleaner air because commuters will spend more time on the road as they queue up to pay the expensive tolls. Moreover, residents of neighboring New Jersey will end up paying exorbitant fees that will not go toward their own state’s transit authority, which has its own problems that require major investments.

“Gov. Hochul is sending a clear message to New Jerseyans who are essential to New York’s prosperity: You are simply a meal ticket for the MTA,” Sherrill said.

Congestion pricing also found a vocal foe in Rep. Mike Lawler (R-N.Y.), who just last week won reelection to the U.S. House seat for New York’s District 17, encompassing parts of Westchester County just north of New York City.

Lawler joined four of his Republican colleagues from New York, Reps. Nicole Malliotakis, Andrew Garbarino, Nick LaLota, and Anthony D’Esposito, in drafting a letter to President-elect Donald Trump on the issue of congestion pricing.

The five lawmakers conveyed to the president-elect their long-running displeasure with Hochul’s stances and policies before homing in on congestion pricing and the effects that they believe it will have on their constituents.

“New York State and its government consistently overreach in every aspect of government, and this is no less true than in the oppressive taxation regime Kathy Hochul has instilled,” the lawmakers wrote.

They went on to characterize congestion pricing as “the latest in a long string of tyrannical taxes,” criticizing it for the added financial burden it will place on families, workers, and low-income residents of the city and state. They also criticized the timing of the development and its impracticability for commuters lacking alternatives to cars and buses.

They said the governor’s pause of the policy in June was a move designed only to allay criticism while House seats were in play.

Implementation of congestion pricing now will only divert money to the MTA already suffering under severe mismanagement, the lawmakers argued. They noted that, by some estimates, the agency would have a budget deficit of $3 billion in coming years, which would not be the case if transparent, capable, effective management were in place at the agency.

Crime is way up on the subway, and the MTA has lost $700 million to turnstile jumpers in the past year, the lawmakers stated. In their view, this hardly makes public transportation a viable alternative for commuters who would be subject to congestion pricing if they drove to work.

“We request your commitment to ending this absurd congestion pricing cash grab once and for all,” the lawmakers urged Trump.

Hochul’s office did not respond by publication time to a request for comment.