The Metropolitan Transportation Authority (MTA) has unveiled a provision within its congestion pricing plan that allows for a 25% surcharge on the already controversial $9 toll to enter Midtown Manhattan on designated “gridlock alert” days. This means that drivers could potentially face a toll of $11.25 on days experiencing exceptionally high traffic congestion. The revelation has sparked immediate outrage from critics, particularly those representing communities in New Jersey who commute into the city. Representative Josh Gottheimer, a Democratic gubernatorial candidate in New Jersey, has condemned the surcharge as an additional burden on working families and an indicator of New York’s disregard for affordability. He argues that the MTA, along with New York state, is prioritizing revenue generation over the financial well-being of commuters.
The classification of “gridlock alert” days falls under the purview of the New York City Department of Transportation (DOT). In 2024, the DOT designated 20 such days, with the majority clustered in December (11 days), alongside four in November and five in September, coinciding with the United Nations General Assembly. The dates of these gridlock alert days provide a snapshot of when the city anticipates peak traffic congestion. These days are spread across several months and align with events like the holiday season and international gatherings known to impact traffic flow. The frequency of these days, especially during the holiday season, raises concerns about the potential financial impact on commuters.
The timing of the congestion pricing plan and the revelation of the potential surcharge have also drawn criticism. Governor Kathy Hochul, who initially proposed a $15 basic toll, delayed its implementation until after the election, ultimately settling on a $9 fee. The possibility of a higher toll on gridlock alert days is seen by some as a further example of opportunistic revenue generation by the MTA. Critics like Staten Island Borough President Vito Fossella, a plaintiff in a lawsuit challenging the congestion toll, view this as evidence of the MTA’s focus on maximizing revenue at the expense of commuters. Fossella further contends that the new toll will divert traffic through Staten Island, exacerbating traffic and pollution in the borough.
While the MTA has the authority to implement the 25% surcharge, it’s important to note that it is not automatic. An MTA representative clarified that the DOT determines gridlock alert days and that the surcharge is an option, not a mandate. An MTA source indicated that a surge pricing increase in the first year is unlikely, potentially due to the anticipated 15% reduction in peak-hour traffic following the implementation of the initial $9 toll. Furthermore, the concept of a higher toll for gridlock days has been part of the plan from its conception. Governor Hochul, facing re-election in 2026 and currently grappling with low approval ratings, wields significant influence over the MTA and could potentially oppose the surcharge. The $9 toll already faces significant public opposition, adding another layer of political complexity to the issue.
The congestion pricing plan, slated to commence on January 5th, involves a tiered toll structure. The initial $9 fee is projected to increase to $12 in 2028 and further to $15 in 2031. The revenue generated is earmarked to fund $15 billion of the MTA’s 2020-2024 capital plan. The timing of the implementation appears strategically aligned with the outgoing Biden administration, which approved the plan, and ahead of the incoming Trump administration, which might pose a threat to its continuation. The implementation timeline suggests a concerted effort to solidify the plan before potential political shifts could jeopardize it.
However, the future of congestion pricing remains uncertain due to ongoing legal challenges. Numerous lawsuits, filed in federal and state courts in both New York and New Jersey, contest the legality and feasibility of the plan. These legal challenges present a significant hurdle to the implementation of congestion pricing and could ultimately determine its fate. The plan, initially approved by former Governor Andrew Cuomo and state lawmakers in 2019, faces a complex legal landscape that could ultimately overturn or significantly alter its implementation. Court rulings on these cases are expected imminently, adding further suspense to the future of congestion pricing in New York City.
