Congestion pricing will go into effect at midnight on Sunday after a federal judge in New Jersey greenlighted the toll following an 11th-hour hearing late Friday.
The toll, which will charge motorists who enter Manhattan south of 60th Street, has provoked significant debate and several lawsuits.
Federal Judge Leo Gordon issued a 72-page ruling on Monday rejecting most of New Jersey State’s complaints about congestion pricing. However, he did rule that some of the potential impacts of congestion pricing on New Jersey communities required further study, especially concerns over how the toll would impact air quality in the Garden State. Gordon set a deadline of Jan. 17 for New York and the Federal Highway Administration (FHWA) to respond to concerns over the environmental impacts of congestion pricing.
That ruling prompted attorneys representing New Jersey Gov. Phil Murphy to file a motion for clarification about whether congestion pricing could move forward on Jan. 5 while that study took place.
Gordon determined Friday that the ruling did not prevent congestion pricing from going into effect, paving the way for the toll to begin as scheduled at midnight on Sunday.
The toll will charge most motorists $9 to enter Manhattan south of 60th Street during peak hours of 5 a.m. until 9 p.m. on weekdays and from 9 a.m. until 9 p.m. on weekends. Most drivers entering the congestion zone outside peak times will have to pay a toll of $2.25.
Queens Council Member Robert Holden, who co-chairs the City Council’s Common Sense Caucus and has been a vocal opponent of congestion pricing, said the toll will adversely affect a number of neighborhoods located near the entry points to the zone. He said many people will park their cars nearby and take public transport into Manhattan’s central business district south of 60th Street.
“I don’t know how my district is going to be impacted,” Holden said, who represents a section of western Queens. “I don’t know what the pollution levels will be if the cars have to park in Queens, or at least look for areas to park their cars.
Holden said the toll would place a burden on motorists living in the outer boroughs and neighboring states and added that he believes congestion pricing will cause inflation as impacted businesses search for ways to combat the toll.
Meanwhile, Council Member Kristy Marmorato, who represents the northeast Bronx, described it as a “cash grab” that will “affect our everyday commute, infringe on accessibility and affordability.”
However, most elected officials have welcomed the introduction of congestion pricing.
Speaking before Friday’s ruling, State Sen. Kristen Gonzalez, who represents parts of Queens, Brooklyn and Manhattan, said she welcomed the introduction of the toll on Sunday.
“I continue to look forward to seeing congestion pricing begin on Jan. 5th. I represent one of the most transit-oriented districts in this city, and I will continue to work towards the fairest and most effective version for all New Yorkers,” Gonzalez said in a statement.
Assembly Member Jessica González-Rojas, who represents a section of western Queens, lauded the congestion pricing program in November when Hochul announced the measure would return at lower rates than previously planned. González-Rojas stated that the toll will “help close the funding gap” in the MTA’s capital plan, which aims to keep New York City Transit in a state of good repair.
“As a straphanger and someone who relies on public transit to get around the city, I understand the frustration my neighbors feel about long wait times, inconsistent buses and frequent breakdowns,” González-Rojas said in a statement last November.
González-Rojas said congestion pricing would help improve New York’s air quality and street safety while also bringing “much-needed improvements” to the city’s public transportation infrastructure.
She also said congestion pricing did not aim to penalize motorists, noting that Hochul had lowered the toll in response to motorists’ concerns.
“Congestion pricing isn’t about penalizing anyone – it’s about modernizing our transportation system and tackling climate change,” she said.
Holden, just like the attorneys representing New Jersey, accused the MTA of not conducting a thorough environmental impact study and claimed that it did not properly study the potential impact that congestion pricing would have on the outer boroughs and neighboring states.
In his ruling, Judge Leo Gordon also ordered federal and MTA officials to explain why they had allocated more money to mitigate the impact of additional traffic caused by congestion pricing in the Bronx than they had in New Jersey. He also requested more details about mitigation plans for additional traffic.
In response, the MTA pointed to a 4,000-page environmental assessment carried out by the MTA, New York City Department of Transportation and New York State Department of Transportation as required by the FHWA.
The MTA also argues that congestion pricing will help reduce congestion in one of the most congested districts in the United States, stating that the toll will result in 80,000 fewer cars entering the CBD every day. An MTA study found that 700,000 cars currently enter Manhattan’s CBD every day, with motorists traveling at an average speed off 7.1 mph in the CBD.
The West Side Highway, FDR Drive and the Hugh L. Carey Tunnel are all excluded from the congestion pricing plan.
The revised proposal announced by Hochul in November will see large trucks pay a peak toll of $21.60 instead of the $36 initially proposed, while cars will now pay an overnight toll of $2.25 instead of $3.75. Meanwhile, the surcharge for taxis has been reduced from $1.25 to 75 cents, while surcharges for ride-sharing apps such as Uber and Lyft have been reduced from $2.50 to $1.50.
The peak toll for regular motorists will not rise above $9 before 2027 and will not increase above $12 before 2030.