In Comprehensive Settlement, State Department of Transportation Agrees to Binding Obligation to Start Congestion Pricing on January 5

November 21, 2024

In Comprehensive Settlement, State Department of Transportation Agrees to Binding Obligation to Start Congestion Pricing on January 5

Victory

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Nonprofit organizations agree to drop their lawsuit once conditions are met

Contacts

Nydia Gutiérrez, [email protected], 202-302-7531

New York, NY-

Today, New Yorkers can breathe easier in the knowledge that the Governor, the State Department of Transportation, and the Triborough Authority have reached an agreement with Riders Alliance, the Sierra Club, and New York City-Environmental Justice Alliance to ensure that the Congestion Pricing Program will begin as scheduled on January 5, 2025. The agreement provides that New York State and the MTA/Triborough will act quickly to sign the VPPP, the agreement with the federal government that allows the congestion pricing program to begin. In return, the nonprofit organizations will drop their lawsuit as long as the State and MTA adhere to the scheduled benchmarks.

Riders Alliance Executive Director Betsy Plum said: "When congestion pricing's future was put in jeopardy, transit riders used every tool in our toolbox and got it back on track. Joined by the Sierra Club and New York City Environmental Justice Alliance, we won an agreement to implement a transformative policy that will improve our subways and buses, save money wasted in gridlock, cut respiratory healthcare costs from air pollution and help mitigate growing insurance, utility and other expenses due to extreme heat, stronger storms, and rising seas. We could not be more grateful for the expert legal team at Earthjustice, which gave riders our day in court and shepherded our case to a responsible, nuanced conclusion at a tough moment for New Yorkers, the nation and our world."

Wayne Arden, Vice Chair, Sierra Club NYC Group said: "New York City suffers from the world's worst traffic congestion, which further exacerbates transportation emissions - the city's second-largest source of emissions after buildings. "London, Milan, Singapore, and Stockholm have implemented congestion pricing and have greatly benefited from lower emissions, increased funding for mass transit, and fewer traffic accidents and resulting injuries. "We commend Governor Hochul for reinstating congestion pricing, and we look forward to working with her administration and New York City and State legislators on additional initiatives to improve the quality of life in New York City and combat the harmful effects of climate change."

Earthjustice Senior Attorney Dror Ladin said: "New Yorkers deserve cleaner air, a transit system that works for all of us, and a reduction in the planet-cooking greenhouse gases that jeopardize our future. We're delighted that congestion pricing is back on track."

As announced this month by Gov. Hochul, the Congestion Pricing program will start on January 5, 2025, under a new, phased-in toll structure with plans to fund the current MTA Capital Program.

Background

The New York State Legislature passed the Congestion Pricing program that became law in 2019 to address the safety hazards, poor air quality, and clogged streets caused by extensively congested traffic, and to promote and improve public transit with funds from tolls. The program was set to funnel an estimated $1 billion to the Metropolitan Transportation Authority (MTA) annually - for projects like extending the Second Avenue Subway to West Harlem, installing elevators and accessibility improvements at stations that don't have them, upgrading outdated signals, and keeping the system in a state of good repair.

At the 11^th hour, before the start date of June 30, 2024, Governor Hochul announced an "indefinite pause" of the program which immediately brought concerns to Riders Alliance, the New York City-Environmental Justice Alliance, and the Sierra Club members who are in need of relief from the air pollution and traffic congestion, and the major MTA improvements such as elevators and faster subway services.

On July 26, 2024, Riders Alliance, the New York City Environmental Justice Alliance, and the Sierra Club filed a lawsuit against New York Governor Hochul and the State of New York urging the court to declare the governor's actions unlawful, thus lifting the block on the Congestion Pricing program. The challenge, filed by Earthjustice, in the Supreme Court of the State of New York, New York County detailed the violations of New York's transformative Climate Leadership and Community Protection Act (CLCPA) and the New York State Constitution's Environmental Rights provision.

This September, the New York State Supreme Court rejected the motion to dismiss filed by Governor Hochul and other Respondents. The decision allowed the challenge to the Governor's block of the Congestion Pricing program to go forward.

Dror Ladin, Earthjustice Senior Attorney, speaks to press after the congestion pricing motion to dismiss hearing on Sept. 27, 2024.

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