NYC Lawmakers: Hochul Can't Pause Congestion Pricing

NYC Lawmakers: Hochul Can't Pause Congestion Pricing

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A taxi passes under an unused congestion pricing gantry.

File Photo by Dean Moses

Governor Kathy Hochul's decision to pause congestion pricing in Manhattan has been challenged by a group of lawmakers, who argue that she lacks the legal authority to do so. In a recent court filing, current and former state lawmakers assert that the Traffic Mobility Act of 2019 explicitly delegated implementation of congestion pricing to the MTA, not the governor.

They contend that the law was crafted to shield the MTA from political interference, citing similar historical examples. This is further supported by the fact that the governor only appoints six of the 17 MTA board members, with the MTA board, not the governor, holding the power to make policy decisions.

This legal challenge is backed by the City Club of New York, Christine Berthet, and Kathleen Treat, who filed a lawsuit last month. They argue that the governor's pause on congestion pricing violates the original intent of the law, and that the MTA has the sole authority to implement the program. The lawmakers' brief aims to strengthen the plaintiffs' case.

The decision to pause congestion pricing has also faced criticism from groups representing New Yorkers with disabilities, who argue that the pause puts a significant financial strain on disability access projects. The MTA planned to spend $2 billion on these projects, but this funding is now on hold due to the pause. These groups claim that this disproportionately harms individuals with disabilities and advocate for the reversal of the pause.

Hochul's spokesperson maintains that the governor believes this is not the right time for congestion pricing and declined to comment on the ongoing legal proceedings.

As the legal battle unfolds, the future of congestion pricing in New York City remains uncertain, with lawmakers, advocates, and the governor each vying for their interpretation of the law to prevail.