New York congestion pricing to get federal green light, New Jersey lawmakers say

Federal transportation officials are giving a final green light to New York’s plan to toll drivers coming into parts of Manhattan, members of the New Jersey congressional delegation say.

Sen. Bob Menendez and Reps. Josh Gottheimer and Bill Pascrell, all New Jersey Democrats, said they are “outraged” after hearing the Federal Highway Administration will not require New York to do more outreach and environmental studies before putting in tolls that will affect New Jersey drivers.

The New Jersey trio said highway officials are moving ahead with a “Finding of No Significant Impact” document about congestion pricing. In May, highway officials issued a letter approving the New York Metropolitan Transportation Authority environmental assessment and issued a draft impact finding, which was out for 30 days of public review.

New Jersey opponents of the tolling plan had hoped to get the administration to reconsider that decision and make MTA do a more exhaustive environmental impact statement, which could delay a tolling plan that has been repeatedly delayed.

“This is nothing more than a cash grab to fund the MTA,” the New Jersey Democrats said in a statement to POLITICO. “There is no excuse for FHWA and the Department of Transportation’s failure to require New York to meaningfully engage with stakeholders across New Jersey and to not adequately consult the New Jersey congressional delegation and other elected officials.”

The New Jersey delegation got wind of the administration’s sign off and its plans to publish something in the Federal Register this week. After that, the MTA officials have said they would need about a year to set up the new tolling infrastructure.

The MTA hasn’t determined how much to charge drivers but has considered fares ranging from $9 to $23 for passenger vehicles and between $12 and $82 for trucks. The scenarios contemplate different combinations of potential discounts, credits and exemptions.

“We will not stop fighting until we defeat this plan and ensure New York is not allowed to balance its budget on the backs of hard-working New Jersey families,” Menendez, Gottheimer and Pascrell said. “That’s a Jersey promise.”

New York supporters, including environmental activists and transit advocates, argue the tolls will help reduce traffic, improve air quality and help the MTA improve its service.

New Jersey Gov. Phil Murphy, a fellow Democrat, said earlier this month he is preparing to lawyer up to challenge the tolling plan and he has threatened to hold up business at Port Authority of New York and New Jersey to get back at New York.

In a lengthy June 12 comment letter to highway officials, Murphy tried out some of the arguments a lawsuit might make, including that tolls would create traffic and air quality problems in his state and cause a financial hit to transportation agencies. Plus, New Jersey officials have long argued it’s unfair to charge New Jersey drivers who have already paid to cross bridges and tunnels another toll.

Menendez, Gottheimer and Pascrell have also introduced legislation meant to punish New York for going ahead with congestion pricing.

Yet, amid all of the bluster, there is a glimmer of possible compromise.

In a recent interview, the head of MTA, Janno Lieber, suggested he’d be open to sparing New Jersey commuters some of the tolls. Gottheimer, who has been in a monthslong war of words with Leiber, highlighted the MTA chief’s comments in a press release last week and said he was “pleased” to hear them.

Historically, New York and New Jersey are codependent states that don’t hesitate to fight over things like land, water rights or authority, including a recent trip to the Supreme Court that New Jersey won. On the New Jersey side, politicians lose little and gain a lot by criticizing New York.