2017 proposal As complaints about the
city subway's delays and disrepair
reached a peak in mid-2017, Governor
Andrew Cuomo drafted a congestion pricing proposal with lessons from Bloomberg's handling of the State Legislature. Despite having earlier doubted such a plan's viability, Cuomo described congestion pricing as "an idea whose time has come".
London and
Stockholm had implemented the concept successfully. Cuomo's plan is expected to differ significantly from Bloomberg's proposal. Its primary intent is to raise funds for city transit and reduce street gridlock, while balancing suburban commuter considerations.
The New York Times reflected that Bloomberg's 2008 proposal, which would have raised $500 million annually, could have rectified infrastructure issues and emergency repair schedule affecting the subway in 2017. Cuomo's announcement came after Mayor de Blasio had proposed a millionaire's tax to raise funding for the subway. The plan could be implemented through
open road tolling, which records transponders and license plates without forcing the vehicles to slow down significantly. This was in contrast to the circumstances during Bloomberg's tenure, when open road tolling was not widely used yet. At the time, New York City had the third worst traffic congestion of any major city worldwide, behind
Moscow and
Los Angeles. Shortly after the Governor's announcement, Mayor Bill de Blasio said he did not believe in congestion pricing, and that his plan would be more successful in Albany than the Governor's plan. In October 2017, the New York State Government created a task force, Fix NYC, to find solutions for fixing mass transit and lowering congestion. The task force was assigned to study traffic on New York City's roadways and report its findings to Cuomo by December.
Initial recommendations On January 16, 2018, in a
State of the State address, Cuomo announced more details on his congestion pricing plan. Tolls would be charged in a geographic zone of Manhattan based on the time of day and type of vehicle instead of being placed on bridges. On January 19, the Fix NYC state task force issued its report on how to address congestion, including a proposal for congestion pricing. The report recommended implementing tolls based on time of day and geographical zone. Cars would pay up to $11.52, trucks would pay up to $25.34, and taxis would pay a $2 to $5 surcharge per trip if these vehicles drove into Manhattan's central business district during rush hours. Under the task force's plan, the only drivers who would be able to avoid a toll would be those who cross the
Brooklyn Bridge or
Queensboro Bridge and then immediately exit onto the
FDR Drive once they reach Manhattan. Tolls on taxis and for-hire vehicles would be implemented within a year, and on cars and trucks in 2020. The tolls were estimated to raise up to $1.5 billion a year. The report also found that of the 118,000 people who commuted from the outer boroughs to Manhattan by car, fewer than 5,000 would be considered working poor. The congestion toll was not included in the state budget that was passed in March 2018. However, a surcharge was levied on taxi, for-hire, and ride-share trips in Manhattan below 96th Street. This consisted of a $2.50 fee for each taxi trip in that area, a $2.75 fee for each privately operated for-hire trip in that area, and a $0.75 fee per rider for each ride-share trip in that area. In his 2019 State of the State Address in January 2019, Cuomo announced another state budget, which would provisionally include congestion pricing. The following month, on February 26, de Blasio announced his support for congestion pricing during a joint announcement with Cuomo of a plan that outlined ten steps to fix MTA operations. One of these steps called for enacting a form of congestion pricing by December 2020, a plan that both men agreed on for the first time. The revenue would go into a so-called
lock box that could only be used by the MTA. In March 2019, Cuomo's congestion pricing plan was again included in the 2019 New York state budget, though specific details still had to be outlined.
Final components A congestion pricing proposal in March 2019 was ultimately passed on April 1 as part of the New York State Budget, making New York City the first city in the United States to enact congestion pricing. While there were few details about the proposal, it would include the entire island of Manhattan south of 61st Street, except for the FDR Drive and
West Side Highway, as well as the
Battery Park Underpass connecting the two highways. Vehicles would be tolled only once per day. As part of the law, the Central Business District Tolling Program would be planned by, implemented by and operated by the
Triborough Bridge and Tunnel Authority. The TBTA board was to institute a "traffic mobility review" board, which will consist of a chair and five members, who were to be appointed by the TBTA board. This board was to recommend the toll amounts in late 2020, or no later than 30 days before the implementation of the tolling program. A public hearing was to be held before the board's vote. The board was to recommend an amount that provides a minimum of $15 billion in funding for the MTA's 2020–2024 Capital Program, not including the costs of the tolling program. This funding will be put into the central business district tolling capital lockbox fund. The majority of the funds, 80%, would be used for the
Staten Island Railway,
New York City Subway, and
MTA Regional Bus Operations, while 10% each would be given to the
Long Island Rail Road and
Metro-North Railroad. The traffic mobility review board was also granted the power to review the MTA's Capital Program. The law also exempted people living in the congestion zone who make less than $60,000 a year by deducting the cost of the tolls from their tax bills. On March 28, 2019, the TBTA issued a request for technology (RFT) for alternate ways to implement the congestion pricing tolling. Options the TBTA included in the RFT are roadside bluetooth readers, connected vehicle technology, smartphone applications, and Global Navigation Satellite System based tolling.
Reaction As with the Bloomberg proposal, Queens politicians still opposed Cuomo's proposal because it would potentially add tolls to the remaining free crossings over the East River.
David Weprin, a
New York State Assemblyman representing parts of Queens, called it "an additional tax on people who drive into Manhattan, often not wealthy people, but middle-class people". He said that much of Queens and many parts of Brooklyn had little access to mass transit, and that disabled residents from all boroughs would also be negatively affected because the subway was generally not
accessible to people with disabilities. Bloomberg's successor,
Bill de Blasio, also initially opposed congestion pricing. Instead, de Blasio proposed a tax on wealthy residents to fund the subway, even though a similar tax for
universal prekindergarten had previously failed in the state legislature. Later in August 2017, it was clarified that de Blasio did not oppose congestion pricing specifically, and that his office was to look at any congestion pricing proposal by Cuomo's administration. In May 2018,
New York gubernatorial election candidate
Cynthia Nixon proposed implementing both Cuomo's congestion pricing proposal and de Blasio's "millionaire tax", as well as a third proposal to levy fines on companies that pollute in the state. Nixon, a Democratic primary challenger to Cuomo, stated that all three proposals could be used to raise money for maintaining the city's subway system. Many residents of Brooklyn and Queens opposed Cuomo's congestion pricing proposal because they would be forced to pay a toll to drive to Manhattan. These residents, in turn, had to drive because they lived too far from subway stations. Supporters included
Uber, which was planning to begin a "six-figure" advertising campaign in support of congestion pricing in January 2018. The same month, the Tri-State Transportation Campaign released a report in support of congestion pricing. It found that in most New York State Assembly districts within the city, drivers tended to have higher incomes than mass-transit commuters, and that less than 10% of drivers from every district drove into the proposed congestion pricing area. However, Assemblyman Weprin said that this data was misleading since it did not take into account irregularly scheduled trips to Manhattan, such as for doctor's visits. A writer for
Slate Magazine lauded the proposed charge, saying that it was "miraculously and inexplicably free" to drive a private car around Manhattan, and comparing it to the several-thousand-dollar average monthly rents for real estate in the borough. Two
Pew Research studies conducted in 2018 and 2019 showed that a majority of many demographic groups, in all geographic areas, endorsed congestion pricing. Opposition to congestion pricing declined from 44% in January 2018 to 39% in January 2019. In November 2019, a group of transit advocacy and good government organizations sent a letter to the MTA Board requesting that the Traffic Mobility Review Board (TMRB) be set up. News outlets reported in February 2020 that the congestion fee could potentially be blocked by the
federal government of the United States, due to disagreements between Cuomo and U.S. president
Donald Trump. The congestion fee had to be approved by the
Federal Highway Administration (FHWA) because some federal roads would be covered by the charge, and since federal law only allowed tolls to be installed on roads constructed with federal money if they are part of a value pricing program. That month,
Politico reported that the MTA had not gotten an answer from the federal government on the type of environmental review process the tolling program would need to undergo. A full environmental impact statement (EIS) could take several years, while a shorter environmental assessment (EA) could be completed in less time. It reported that MTA Chairman and CEO Pat Foye and NYCDOT Commissioner Polly Trottenberg had met with Elaine Chao, the USDOT Secretary, to get an answer to this question in April 2019. While it was understood that the program would start in January 2021, the delay in determining the type of environmental review meant that it was unlikely to start then. The MTA was not allowed to do any work on the environmental review until a Notice of Intent was published in the Federal Register, and could not do any preparation for it since it would not know what it would be mandated to study.
Politico found that while the shortest EAA ever done by a federal agency took 637 days, the average EIS done by the FHWA took 2,691 days, over seven years. The
COVID-19 pandemic in New York City resulted in a decline in use of the
New York City Subway between March and June 2020. Following the city's partial reopening in June, a mayoral panel projected that many people would choose to drive, for fear that taking mass transit would expose them to
COVID-19, and studied congestion pricing as a solution to lessen road traffic. However, the federal government had still not acted.
Janno Lieber, then the MTA's Chief Development Officer, said on July 13, 2020 that congestion pricing could be delayed until 2022 because it would take one year to install the required infrastructure even after federal approval. On July 14, 2020, Mayor de Blasio said that if Joe Biden were elected president in November, federal delays in determining the type of environmental review needed could go away. By November 2020, the MTA reported that the continued delays could postpone the start of congestion pricing to 2023. Upon implementation, the revenue could be used to pay off pandemic-related deficits in the MTA's budget. The MTA had not yet set up the Traffic Mobility Review Board (TMRB), which was responsible for setting up toll rates and making decisions on potential exemptions and sending them to the MTA Board for approval. While the law that created congestion pricing required the TMRB to issue a report between November 15, 2020 and December 31, 2020, the law allowed the MTA to delay setting up the board until 30 days before the tolling program would be initiated. In March 2021, the federal government gave the MTA permission to conduct an environmental assessment (EA), ending months of stalling under the Trump administration.
Eric Adams, who won the June
2021 New York City Democratic mayoral primary, also expressed his support for congestion pricing. As part of the federal government's approval of an environmental assessment, the MTA was obligated to discuss the plans with officials from Connecticut and New Jersey, as residents of these states would be affected by the plans. By mid-July, the MTA had only conducted one meeting with Connecticut officials and none with New Jersey officials. MTA officials had publicly stated in mid-2021 that the agency was earning enough from state taxes to pay for its capital upgrades and that it did not immediately need congestion pricing funds for its 2020–2024 Capital Program. In response, de Blasio pressured the MTA to speed the implementation of congestion pricing, expressing his intention to have the surcharge in place by July 2022. In August 2021, New Jersey congressmen
Josh Gottheimer and
Jeff Van Drew proposed legislation in the U.S. House of Representatives which would prohibit the MTA from obtaining some federal grants unless an exemption to the congestion pricing plan was given to New Jersey drivers. The same month, the FHWA approved environmental assessment and public outreach for the congestion pricing plan, which was expected to take 16 months. Cuomo's resignation as governor that month also raised some uncertainty about the future of the congestion-pricing plan, as his successor
Kathy Hochul had not committed to upholding congestion pricing. If the plan did receive federal approval, contractor
TransCore was required to install toll equipment within 310 days. The MTA held its first hearings on the congestion pricing plan on September 23, 2021, in which it announced draft toll rates. At the time, the peak toll was planned to range from $9 to $23, while for drivers with , off-peak and nighttime tolls would be lower. The MTA had promised exemptions to emergency vehicles and disabled-rider transport, and it was also proposing a tax credit for low-income residents in the congestion pricing zone. In March 2022, the federal government requested that the MTA answer 430 questions about the technical aspects of the congestion charge before the MTA submitted the plan for a final public review. Hochul said in June 2022 that the congestion pricing plan would not be implemented for at least another year. The delay in the implementation of congestion pricing also posed issues for other projects, including
the second phase of the
Second Avenue Subway, which would be partially funded by income from the congestion charge. Neither the MTA nor the federal government were willing to publicly disclose many aspects of the review process.
Final approval and opposition 2022–2023: Public hearings and disputes Lee Zeldin, the Republican nominee in the
2022 New York gubernatorial election, expressed his opposition to the proposal. Public hearings on the proposal were held during the final week of August 2022; Later that year, New Jersey governor
Phil Murphy requested that the federal government complete a full environmental impact study of the plan, and several New York City politicians petitioned Hochul to hold a statewide referendum on the congestion-pricing plan. Gottheimer and
Mike Lawler introduced legislation in the U.S. House of Representatives in early 2023, which would ban the MTA from using federal funding for its capital projects unless drivers were exempted from all taxes related to the congestion charge. The MTA indicated in February 2023 that it had further postponed the implementation of congestion pricing to the second quarter of 2024. On May 5, 2023, the Federal Highway Administration approved the release of the final EA and the draft Finding of No Significant Impact for the project, which occurred on May 11, 2023, triggering a 30-day public notice period. The draft EA noted that the plan would include a 50% reduction in tolls between 12 a.m. and 4 a.m. to encourage trucks to make deliveries at night, a once-a-day charge cap for for-hire vehicle and taxi drivers, and $207.5 million in environmental mitigation measures in neighborhoods that could see worse air quality with the tolls. These would include local park renovations, the planting of roadside vegetation along highways, upgraded infrastructure for electric truck charging, the replacement of diesel trucks in areas where truck traffic was expected to increase, an expansion in the city's school asthma case management program, the installation of air filtration units in schools near highways, expanding the NYC DOT's off-hours delivery program, and the retrofitting transport refrigeration trailers at the Hunts Point Produce Market to use cleaner vehicles instead of diesel. In addition, a 25% discount would be available to individuals making under $50,000 a year after their first ten trips each month during the first five years of the tolls. These new measures were in addition to the elimination of the $10 tag deposit fee for for drivers without a credit card backup and plans to electrify bus depots in Upper Manhattan and the Bronx. The Federal Highway Administration gave its final approval on June 26, 2023, allowing the MTA to begin setting toll rates for the proposed congestion zone. The MTA issued a notice to TransCore to begin its installation of the tolling infrastructure; it had 310 days to do so under a contract. The plan was expected to be implemented around the start of May 2024. According to
The New York Times, the congestion fees could be used to pay for
new subway signals,
additional elevators, new
platform screen doors, updated turnstiles, and surveillance cameras. The MTA also planned to use revenue from the congestion charge to reduce pollution in the Bronx. Toll-gantry installation began in mid-July. After the public notice period for congestion pricing began, New Jersey officials launched an advertising campaign to fight the plan. Opponents protested the plans that August, as the Traffic Mobility Board began considering whether to grant exemptions to certain groups of drivers. The New Jersey government sued the federal government in July 2023 to block the implementation of congestion pricing, with Staten Island officials as co-plaintiffs. The MTA joined the federal government as a co-defendant, while taxi drivers asked Hochul to exempt them from the congestion charge. Gottheimer said the charge would hurt small business owners in New York City. The MTA said the lawsuit placed numerous projects and 20,000 jobs at risk; a large portion of the MTA's 2020–2024 capital plan was to be financed by the toll. On October 6, 2023, a group of elected officials, in letter, said that the Port Authority had refused to allow gantries used to charge vehicles entering the congestion zone to be installed on its property at the Lincoln Tunnel, requiring the installation of 40 sensors on nearby local streets. The proposed toll rates were released in late November 2023, Following the MTA board's vote, there was to be a 60-day public comment period for the plan. The MTA had planned to award $12 billion in contracts in 2024, but was only expecting to award $2.9 billion in contracts. At the end of February 2024, the MTA announced that almost all of the 110 toll gantries had been installed, in advance of the planned implementation of congestion pricing in June 2024. In addition, the agency began hosting four public hearings prior to the MTA board's final vote on the plan. On February 13, 2024,
Streetsblog reported that the Environmental Protection Agency had sent a letter in March 2023 indicating that its concerns about the program were addressed. The EPA had initially expressed concerns about the program's impacts on environmental justice communities and inadequate data on air quality impacts in New Jersey. The MTA reported in March 2024 that, of more than 25,000 people who submitted comments on the plan over the preceding three months, there were nearly twice as many comments in favor of the plan as against it. Conversely, a poll of New York City residents found that close to two-thirds of respondents were against the congestion toll. The MTA board gave its final approval to the plan on March 27, 2024, making New York City the first locality in the United States to approve the creation of a congestion-pricing zone. At the end of the month, the MTA announced that the congestion charge would begin on June 30, 2024, and allowed people to begin requesting toll exemptions. On April 20, 2024, in anticipation of congestion pricing, legislation was passed as part of the state budget that added new fines for drivers who obscure their license plates to avoid paying tolls. Meanwhile, further lawsuits were filed by
Mark Sokolich, the mayor of
Fort Lee, New Jersey; the
United Federation of Teachers labor union and Staten Island borough president
Vito Fossella; residents of Manhattan's
Lower East Side neighborhood; the town of
Hempstead, New York; and small business owners. The civil-rights organization
NAACP joined one of the lawsuits as a plaintiff. Another lawsuit against the plan was filed by the government of
Rockland County, New York, at the end of March. Although the congestion toll was intended to reduce vehicular emissions, three of the lawsuits claimed that the plan would violate an
environmental rights amendment in the
New York State Constitution. There were concerns that air pollution in the Bronx and Staten Island would increase, even as air pollution in the other three boroughs would decline. By May 2024, there were seven active lawsuits against the congestion pricing plan; an eighth lawsuit from truck drivers was filed that month. On June 20, federal judge
Lewis J. Liman ruled against the plaintiffs in three of the lawsuits, saying that the environmental impact statement for the congestion toll had been thorough enough. Several New York state lawmakers also proposed a bill in April 2024 to repeal the congestion toll, and congressmembers
Nicole Malliotakis and
Josh Gottheimer introduced a similar bill in the U.S. House of Representatives. By then, all toll gantries had been installed. To reduce opposition to the plan, the MTA announced that New Jersey would receive some of the congestion toll revenue. The NYCDOT also provided funding to encourage commercial vehicles in the congestion zone to make deliveries during off-peak hours, while the MTA announced that it would reduce fares for some commuter rail trips and increase service on some express bus routes. Officials in other cities such as
Boston,
Chicago,
Washington D.C., and
San Francisco also contemplated congestion tolls in conjunction with New York City's planned congestion charge. == Postponement==