Congestion pricing countdown: Hochul’s horrible delay may be permanent due to Trump’s victory
Nov 12, 2024
The election is over, so we have to get back to congestion pricing, and fast. Gov. Hochul’s reckless and unlawful effort to block the program on June 5 became much more dire and risky exactly five months later, on Nov. 5, when Donald Trump was returned to power. Now the entire project, to generate $1 billion a year to yield $15 billion for the MTA’s capital needs, while reducing traffic and pollution, is threatened.
But we have figured out a way to allow Hochul to stick to her contention that the $15 fee to drive south of 60th St. is too high (which it isn’t), maintain friendly relations with the congestion pricing-hating Trump (which is important to the state) and fund the MTA and curb traffic (which are the laudable goals of congestion pricing).
The tolling was all ready to begin on June 30 when Hochul pulled the emergency brake. At first she said that she had “directed the MTA to indefinitely pause the program.” But she had neither the authority nor right to do so.
It was then discovered that the final sign-off for the federal Value Pricing Pilot Program, VPPP, had not yet been signed by city, state, MTA and U.S. officials. Washington, on hearing of Hochul’s objection, then held off on sending over the form. The missing VPPP paperwork is all that is holding up congestion pricing.
Hochul was sued to sign the form as everything had been completed and it was required by state law. The final signatures are not discretionary, but strictly ministerial. The case is now before Manhattan state Supreme Court Justice Arthur Engoron and Hochul’s private lawyers have to file their response by this Friday.
Based on Engoron’s prior written ruling and what he said during oral arguments on Hochul’s failed motion to dismiss, it seems like the judge will very quickly decide that she acted without justification and he will order the state to sign the form.
Hochul should then express regret and frustration at the court that her alternative plan for a lower fee would have been better, but reluctantly agree to follow the court’s order and sign the form to start the $15 tolling program immediately. She can even say that she will continue to appeal the ruling in the courts.
The key is implementing the $15 tolls exactly as planned in June before Hochul panicked. There is talk that Hochul is looking to lower the fee from $15 to $9, under the rationale that the range of prices considered by the federal and state environmental reviews was from $9 to $23.
However, legal experts and those with experience on these matters say that the problem with that shift to a $9 fee is that if the Biden administration and Secretary of Transportation Pete Buttigieg now authorize the $9 toll, it can be reversed by the Trump administration and new DOT secretary on Jan. 21 because the change from all-but-finalized $15 was not done properly. That would mean no congestion pricing at all. And none likely to be approved for the next four years.
If the ready-to-go $15 toll is green-lit by Biden and Buttigieg, Trump will have no grounds to reverse.
Hochul can then maintain she never backed down from her objections and blame the courts. Trump can also blame the courts and not Hochul. And congestion pricing can be underway.