Congestion pricing arrives

Delivered every Monday by 10 a.m., New York & New Jersey Energy is your guide to the week’s top energy news and policy in Albany and Trenton.
Jan 06, 2025 View in browser
 
POLITICO Weekly NY & NJ Energy Logo

By Marie J. French and Ry Rivard

Good morning and welcome to the weekly Monday edition of the New York & New Jersey Energy newsletter. We'll take a look at the week ahead and look back on what you may have missed last week.

Quick Fix

CONGESTION PRICING IS REALITY: Our colleague Jeff Coltin was out on the streets in the wee hours Sunday to witness the first drivers being tolled for coming into Manhattan’s central business district. What comes across from his photo of the moments congestion pricing began — as a Tesla passes beneath a tolling gantry — is really how unremarkable it is. But, of course, the first-of-its-kind New York congestion pricing program is remarkable because it’s now a reality after decades of thinking, debating, waiting, legislating and planning, and despite intense opposition in the form of litigating and politicking.

It’s physically there: 1,400 cameras, over 110 detection points, more than 800 signs and 400 lanes of traffic. So far, according to MTA head Janno Lieber, “it’s all gone smoothly.”

It’s also fiscally there: The money from the tolls, paid by the minority of people who commute in private vehicles, will go to fund upgrades to the aging bus and subway system that moves the vast majority of people in and around New York City.

Of course, there are still obstacles, as Nick Reisman and I report, including opposition from President-elect Donald Trump, the powerful New York City teachers union and New Jersey Gov. Phil Murphy. But while foes threw everything they had against the tolling program before it began, and got New York Gov. Kathy Hochul to pause it for a few months, it’s much harder to stop something once it’s started.

Before the tolling began, most people could have given a long list of things that could block the tolls from beginning. Now, though, the list of things that would realistically reverse them is much, much shorter. For instance, I haven’t attended every court hearing for all of the various lawsuits aiming to block congestion pricing, but in the hours of them I’ve listened to never has a judge said anything that suggests the program is fatally flawed.

Murphy, who like Hochul is a Democrat, learned that the hard way on Friday, when a federal judge in New Jersey, considered perhaps the most sympathetic to arguments against the tolls, rejected New Jersey’s last-minute effort to block the program. That said, there is still a lot of legal maneuvering left to be done by committed foes.

As for a boot coming in from Washington to crush the program, Rep. Jerry Nadler, a New York Democrat, said he doesn’t expect that’ll get very far. “They’ll try to figure out ways of undermining it in Congress, but I don’t think there are any,” he told me recently. Of course, there’s another caveat: Trump certainly could try and he’d have some strange bedfellows, like Murphy and a pair of New Jersey House Democrats who are running for governor this year and oppose the tolls. But there’s also a lot of other things that could end up being higher on everyone’s list of priorities come Inauguration Day.

So what of the fallout? Whether voters ultimately embrace the program is expected to be a crucial factor in the political future of Hochul and her opponents heading into the 2026 elections.

Right now, passions remain high. Yet there are regular toll increases on the New Jersey Turnpike and for using the Port Authority of New York and New Jersey bridges and tunnels. Outcry when they go up (like they just did!) is often just a whimper, unless it’s an ill-timed increase that comes out just before an election. Will congestion pricing come to resemble those existing tolls, or remain a uniquely divisive issue? It’ll probably take months or years to know.

Similarly, Murphy may face a gyre of interest groups praising him for fighting the tolls while others scold him for turning down what Hochul called “very generous” settlement offers. If Murphy keeps losing in court, he’ll have rejected what sources familiar with the matter said was several hundred million dollars, though it’s unclear exactly what that could be spent on.

It’ll also probably take some time to see if the tolling program does what it was supposed to do, which is two main things at once: decrease traffic, which improves air quality, and generate enough money to support billions in spending by the MTA.

Stay tuned as 2025 begins. — Ry Rivard

HAPPY MONDAY MORNING: Let us know if you have tips, story ideas or life advice. We're always here at mfrench@politico.com and rrivard@politico.com. And if you like this letter, please tell a friend and/or loved one to sign up.

Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You’ll also receive daily policy news and other intelligence you need to act on the day’s biggest stories.

NYLCV PUSHES CLIMATE FUNDING PLANS: One of New York’s key environmental advocacy groups will prioritize two policies that seek to raise funds for climate action by raising fees on fossil fuel usage. The New York League of Conservation Voters wants lawmakers to act on “cap and invest” and a low-carbon fuel standard for the transportation sector as part of the group’s 2025 agenda.

These aren’t new priorities for NYLCV. But lawmakers are likely to be asked by Gov. Kathy Hochul to formalize a spending plan for revenues from a cap-and-trade style program this session. Hochul is expected to include the charge on carbon emissions that will be passed on to consumers at the pump and through heating bills, cushioned by a rebate to residents, in her State of the State plans and budget. “A successful program must include guidelines about which programs can be funded with "cap and invest" along with labor standards for said projects, with at least 40 percent of funds invested in disadvantaged communities,” NYLCV’s agenda states.

NYLCV President Julie Tighe has tagged New York’s “cap and invest” program as potentially the most significant climate policy in the U.S. in 2025. The low-carbon fuel standard hasn’t gotten any full-throated backing from Hochul and faces opposition from environmental justice advocates. Hochul directed her agencies to study the potential of that policy in her 2024 State of the State. No results or details of any such study have been publicly released. ICF, a consultant, is working with the state on the study, according to NYSERDA.

Buildings are also again in the crosshairs of NYLCV and many other groups backing the NY HEAT Act, which would ultimately empower the Public Service Commission to end utility gas service to some homes in the long term. That measure and other policies will face aggressive pushback from the fossil fuel industry and business groups, who want a wholesale reckoning with the implementation of the state’s climate law. — Marie J. French

Here’s what we’re watching this week:

WEDNESDAY

— Lawmakers return to Albany for the first day of the legislative session.

Around New York

— REPORT: New York state emissions increased in 2022 from 2021 levels. This is an expected development as economic activity rebounded from the pandemic. Emissions have only declined 9.3 percent from 1990 levels as of 2022, according to the state’s most recent greenhouse gas inventory.

— The Times Union highlights a bill to limit energy use by data centers.

Around New Jersey

— New Jersey environmental advocates launch climate-ready campaign.

What you may have missed

SUPERFUND SIGNED — POLITICO’s Marie J. French: New York will attempt to penalize fossil fuel giants for historic emissions that have contributed to climate change.

Gov. Kathy Hochul signed the “Climate Superfund” measure, backed by environmental advocates and opposed by business groups. Lawmakers agreed to a delayed implementation to get Hochul’s support.

The bill aims to charge fossil fuel companies for their historic emissions to raise $75 billion over 25 years to fund efforts to adapt to rising seas, increasing rainfall and intensifying storms. Vermont passed a similar measure this year as part of a new strategy from environmentalists to penalize fossil fuel companies for their role in causing climate change.

“New York has fired a shot that will be heard round the world: the companies most responsible for the climate crisis will be held accountable," said Sen. Liz Krueger, a Democrat from Manhattan who sponsored the bill.

BIG OFFSHORE WIND PROJECT UP IN THE AIR — POLITICO’s Ry Rivard: The company expected to build the largest offshore wind project ever approved in New Jersey wants another five months to figure out if it's viable, punting a decision until after President-elect Donald Trump’s term has begun.

Leading Light Wind, a partnership of Invenergy and co-developer energyRe, does not know how it will generate the power the company promised to deliver to New Jersey or how much it will cost.

In September, the state Board of Public Utilities gave Leading Light Wind until Dec. 20 to come up with a plan, after the company asked the board this summer to pause its project while it shops for turbines, the engines that help turn wind into electricity. Details of that delay request were first reported by POLITICO.

But the company still doesn’t have a plan.

REFRIGERANT RULES FINALIZED — POLITICO’s Marie J. French: New York has issued final rules to sharply curtail the use of certain gasses in refrigeration equipment, after strong pushback from industry groups including grocers.

The Department of Environmental Conservation issued its final rules for hydrofluorocarbons, or HFCs. The regulations seek to align in part with federal and other state efforts but also set long-term targets aligned with New York’s climate law.

“The new requirements finalized today will help phase down the use of these climate pollutants over time and bolster the use of alternatives that are better for public health and our shared environment and more cost-effective for impacted businesses,” said Interim DEC Commissioner Sean Mahar in a statement.

CLEAN PATH REVIVAL — POLITICO’s Marie J. French: The New York Power Authority wants to salvage a financially troubled transmission line that terminated its state contract due to rising costs. The authority filed a petition with the state’s utility regulator asking for the ability to move forward with the transmission portion of the Clean Path project, which would run from upstate into New York City. NYPA CEO Justin Driscoll told POLITICO the $5 billion-plus project would have climate, reliability, air quality and electricity cost benefits — and could be completed before 2030.

“We feel that this transmission line will serve the interests of the state in meeting its climate goals,” Driscoll said. “We can obviously build it faster than if we started from scratch with a new transmission line.”

First, the Public Service Commission has to sign off. Driscoll said there’d then be a competitive process with a likely bid from Forward Power, which has been developing the Clean Path project.

'CAP AND INVEST' DETAILS CIRCULATE — POLITICO’s Marie J. French: Gov. Kathy Hochul plans to propose a sweeping policy to raise funds for climate action in New York by charging polluters for emissions.

Hochul is expected to move ahead with a cap-and-trade program through regulations and in her budget early next year. A portion of the money raised would be returned to consumers via their utility bills to address affordability concerns, according to four people familiar with the details.

Those people were granted anonymity due to the ongoing nature of the administration’s outreach.

If enacted, the “cap and invest” program would be a significant new source of revenue — raising close to a projected $3 billion in the first full year — for climate action in New York. Supporters plan to frame it as a significant step for state-level climate policy in the face of expected federal rollbacks under President Donald Trump.

BIG APPLE TAKES A BITE: A New York lawmaker says he's going to "supercharge" his efforts to enact corporate climate disclosure legislation in Albany next year as California's own nation-leading law faces its own uncertainties.

Sen. Brad Hoylman-Sigal, a Democrat representing a chunk of Manhattan, told Jordan he's planning to reintroduce legislation requiring large companies operating in the state to disclose their planet-warming emissions after past efforts to copy California failed.

He's an old law-school buddy of Sen. Scott Wiener, the author of California's law last year requiring corporate emissions disclosure, and said he's "taking notes" on California's implementation. That includes the enforcement delay to SB 253 that the California Air Resources Board announced earlier this month.

"With an EPA headed by climate skeptics [under Trump], I think states like New York should take the lead," Hoylman-Sigal said. — Jordan Wolman

JUDGE APPROVES PASSAIC CLEANUP DEAL — A federal judge in New Jersey approved an $150 million deal proposed two years ago to settle the federal government’s claims against scores of companies accused of contaminating the Passaic River. In an opinion released Thursday, U.S. District Court Judge Madeline Cox Arleo rejected attempts by Occidental Chemical Corp. to upend the deal. The company, known as OxyChem, told POLITICO it plans to appeal the ruling. — Ry Rivard

 

Follow us on Twitter

Marie J. French @m_jfrench

Ry Rivard @ryrivard

 

Follow us

Follow us on Facebook Follow us on Twitter Follow us on Instagram Listen on Apple Podcast
 

To change your alert settings, please log in at https://login.politico.com/?redirect=https%3A%2F%2Fwww.politico.com/settings

This email was sent to salenamartine360.news1@blogger.com by: POLITICO, LLC 1000 Wilson Blvd. Arlington, VA, 22209, USA

Unsubscribe | Privacy Policy | Terms of Service

Post a Comment

Previous Post Next Post