U.S. Transportation Secretary Sean P. Duffy today outlined the specific actions the Federal Highway Administration (FHWA) could take if New York Governor Kathy Hochul’s continues the state’s illegal toll on working families. This includes halting FHWA-backed projects and funding, with the exception of safety-related initiatives.
“President Trump and I will not sit back while Governor Hochul engages in class warfare and prices working-class Americans out of accessing New York City,” said U.S. Transportation Secretary Sean P. Duffy. “The federal government sends billions to New York-but we won’t foot the bill if Governor Hochul continues to implement an illegal toll to backfill the budget of New York’s failing transit system. We are giving New York one last chance to turn back or prove their actions are not illegal.”
As noted in the letter, the New York State Department of (NYSDOT) has thirty days to state how their non-compliance is not illegal. If the unlawful tolls are not stopped, or after evaluating NYSDOT’s response, FHWA determines that New York remains out of compliance, the agency will take the following actions:
- No further advance construction (“AC”) authorizations for projects within the borough of Manhattan, except for projects determined by FHWA to be essential for safety
- No further NEPA approvals for projects within the borough of Manhattan, except for safety projects.
- No further approvals of Statewide Transportation Improvement Program amendments concerning New York Metropolitan Transportation Council TIP modifications.
If non-compliance continues, additional measures may include:
- No further obligations of FHWA funds (both formula and competitive) for projects within New York City, except for safety projects.
- No further AC authorizations for projects within New York City, except for safety projects.
- No further NEPA approvals for projects within New York City, except for safety projects.
The corrective measures noted above may be expanded to other geographic areas within the State of New York if noncompliance continues.
Reminder:
The U.S. Department of Transportation canceled the agreement authorizing New York to implement a temporary cordon pricing program. Without the agreement, the state has zero legal basis to continue. Perpetuating this type of cordon pricing program forever on federal-supported roads is unprecedented in the history of the United States and completely inconsistent with any previous pilot project.
Additional Background:
In a letter to Governor Hochul, Secretary Duffy calls out the New York State Department of Transportation (NYSDOT) for failing to comply with the U.S. Department of Transportation’s deadline to stop charging the tolls and refusal to engage in any compliance discussions. These unlawful tolls, from which there is no toll-free alternative, forces drivers to pay to access federal-aid highways their tax dollars already funded.
In the letter, Secretary Duffy blasts Governor Hochul’s tolling program disproportionally hurts working-class drivers. He argues that the lack of toll-free alternatives for entering the cordoned area of Manhattan is inconsistent with prior Value Pricing Pilot Program (VPPP) implementations and forces drivers to choose between two unappealing options: pay a cost-prohibitive toll or use a mismanaged and dirty transit system. This choice breaches the federal promise to taxpayers who have already funded the area’s highways.
Secretary Duffy also emphasizes the VPPP was intended to maintain highways and relieve congestion and not to bail out a poorly run transit system.
The construction of federal-aid highways as a toll-free highway system has long been fundamental to the Federal-aid highway program. Except for limited exceptions allowed by Congress, highways constructed with Federal-aid highway funds cannot be tolled. The construction of Federal-aid highways as a toll-free highway system has long been fundamental to the Federal-aid highway program.