CONGESTION PRICING

S.7243-b (Rules)
A.10406* (Rules)
*Not currently same as.

Summary

This bill would establish a congestion pricing program for New York City. The bill establishes a congestion pricing zone south of, and including, 60th Street in Manhattan. Fees for entering the zone would be assessed at $8 for most automobiles and $21 for certain trucks. Congestion pricing fees received by the Metropolitan Transportation Authority (MTA) would be used for mass transit improvements in the metropolitan New York area. In addition, the bill authorizes the New York City Department of Transportation to establish a residential neighborhood parking permit program to work in conjunction with the congestion pricing program. Establishment of the congestion pricing program would not be subject to the State Environmental Quality Review Act (SEQRA).

Explanation

New York City currently falls short of achieving minimum federal air quality standards for ground level ozone (smog) in large part due to pollution from automobiles. Smog and other pollutants from tailpipes can trigger asthma attacks and cause respiratory problems, and tailpipe pollution is responsible for a range of negative health effects. Per the Congestion Pricing Interim Report (Report), implementing the congestion pricing proposal described in this bill is projected to decrease the precursors for smog, mainly nitrogen oxides (NO_x) and volatile organic compounds (VOCs) by eight to more than 10 percent respectively. These reductions will likely result in major public health benefits for the people of New York City.

Automobile use is also a major source of the pollution responsible for climate change. In New York State, the transportation sector already produces approximately one-third of total greenhouse gas emissions. And tailpipe emissions remain one of the fastest growing sources of greenhouse gas pollution. Implementing congestion pricing will decrease the number vehicle miles traveled and reduce greenhouse gas emissions by more than 14 percent, according to the Report. Congestion pricing will help avoid emitting millions of tons of greenhouse gas pollution into the atmosphere; each of these tons would remain in the atmosphere for decades and worsen the already severe problem of global warming. This is another significant and long-term environmental benefit.

As recommended by the Congestion Pricing Commission created by Chapter 384 of the Laws of 2007, the bill currently under consideration provides for a "customized" process for reviewing the environmental impacts of this proposal, differing in key respects from the environmental quality review process set forth in Article 8 of New York State’s Environmental Conservation Law. The rationale offered for including a "customized" process is that under the current time constraints and based on existing agreements and the availability of funds from the United States Department of Transportation, that a full state environmental quality review process cannot be completed by March 31, 2009.

While a willingness to provide a system of environmental quality review is laudable, short-circuiting SEQRA has serious pitfalls. Foremost among these is lack of judicial review in the event that the environmental analysis is inadequate or left undone. Measures that short-circuit the state environmental quality review process should be considered very carefully. Very few exemptions from the state environmental quality review process exist—and that should remain the case.

However, based on the likelihood of major environmental benefits resulting from congestion pricing, we recommend that State Legislators support this bill. A better bill would not include the provisions that short-circuit SEQRA, but we are reminded of the old policy adage “let not the perfect be the enemy of the good.”

Environmental Advocates of New York supports this bill.