JANUARY 1, 2025: MTA: NEW JERSEY FEDERAL JUDGE RULING “DOES NOT REACH LEVEL OF AN INJUNCTION” HEAD OF MTA SAYS CONGESTION PRICING TOLLS TO BEGIN SUNDAY THE 5TH

WPCNR CONGESTION TIMES. Wrapup and Unwrap by John F. Bailey January 1, 2025:

New York’s congestion pricing  is begins midnight Sunday January 5 despite New Jersey Federal Court Judge Leo Gordon’s 72-page decision Monday saying the plan needed Federal High Way Administration approval. The judge gave January 17 as a deadline for that approval or disapproval by the FHWA. (Editor’s Note: if the FHWY does not act by then, action could conceivably be delayed until the new administration FHWY head takes over after the new President-Elect is iinaugurated.)

Cars would pay a peak fee of $9 from 5 a.m. to 9 p.m. weekdays and 9 a.m. to 9 p.m. on weekends. $2.25 other times

The judge’s ruling came in a 72-page decision Monday evening. The MTA Chairman announced after review with legal counsel said the MTA would start congestion pricing anyway:

“We’re gratified that on virtually every issue, Judge Gordon agreed with the New York federal court and rejected New Jersey’s claim that the Environmental Assessment approved 18 months ago was deficient,” MTA Chair and CEO Janno Lieber said, “Most important, the decision does not interfere with the program’s scheduled implementation this coming Sunday, January 5.”

In the decision, the judge said because of the questions for the federal government, “this matter is remanded to the FHWA until January 17, 2025 for the FHWA to take actions in conformity with this Opinion.”

New Jersey disagreed:

“We welcome the court’s ruling today in the congestion pricing lawsuit. Because of New Jersey’s litigation, the judge has ordered a remand, and the MTA therefore cannot proceed with implementing the current congestion pricing proposal on January 5, 2025,” said attorney Randy Mastro, who represents New Jersey.

Governor Kathy Hochul, after Judge Gordon’s decision was released, issued a news release that New York State would proceed with starting the Congestion Tolls Sunday at midnight January 5 anyway. Here is the Governor’s statement:

“Despite the best efforts of the State of New Jersey trying to thwart New York’s ability to reduce congestion on our streets while making long-overdue investments in public transit, our position has prevailed in court on nearly every issue. This is a massive win for commuters in both New York and New Jersey. Now that the judge has issued his ruling, the program will move forward this weekend with a 40 percent reduction in the originally proposed cost of the toll.

“Commuters deserve a world-class transit system that’s safe, efficient and modern. Local residents deserve clean air and safe streets. Drivers deserve less congestion and reduced traffic. This is what we will begin to achieve — at a lower cost to drivers — when congestion pricing begins on January 5.”

 

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JANUARY 1 2025– NY Cannabis Industry Hits More Than $1 Billion in Retail Sales. 19% of New Yorkers use cannibis 12% acknowledge monthly use.

 50% of New York’s Cannabis Licenses Awarded to Social and Economic Equity Applicants, Empowering Minority and Women-Owned Businesses

Over 275 Licensed Dispensaries and 500 Supply-Side Licenses

Product Diversity and Innovation Accelerates as 500 Brands Now Serve the Market

Governor Kathy Hochul closed 2024, announcing New York State’s cannabis industry has reached a historic milestone of more than $1 billion in retail sales. This achievement reflects the dedication of entrepreneurs, consumers, and communities who have embraced the legal market and helped to establish New York as a national leader in cannabis equity and innovation.

“Earlier this year, my administration took critical steps to promote progress and economic opportunity within New York’s budding cannabis industry, including signing new enforcement powers into law that expedited the closure of unlicensed storefronts and, as a result, bolstered our legal market,” Governor Hochul said. “Today, we recognize the $1 billion milestone as more than just a number—it’s a testament to the hard work of those who helped build the strongest cannabis industry in the nation: one that prioritizes equity, ensures public safety, and empowers communities.”

ENFORCEMENT:

  • 1,300 enforcement inspections conducted
  • 450 businesses padlocked
  • 16,900 pounds of illicit products seized
  • $68.5 million street value of products seized
  • 8,700 Lots of adult-use cannabis products laboratory tested
  • 431 field hours of compliance inspections


New York’s cannabis strategy ensures a safe and fair marketplace for small businesses and entrepreneurs across the state.

In collaboration with local municipalities the OCM padlocked hundreds of illicit stores across New York, leading to seizures of over 16,000 pounds of unsafe cannabis products. The OCM has enhanced its capacity to tackle unlicensed operators while fostering strong relationships that benefit both the industry and New York communities as cannabis in the market continues to grow. New York remains steadfast in its commitment to equity and inclusion.

Office of Cannabis Management Acting Executive Director Felicia A.B. Reid said, 

“This milestone is a testament to the resilience, hard work, and innovation of cannabis entrepreneurs across New York. As $1 billion is an incredible number. Let us celebrate the individuals, businesses, and communities in cannabis who drive our state’s economic engine. Certainly, this moment underscores the strength of consumer demand for regulated cannabis—more importantly, it firmly demonstrates that a social and economic equity approach to industry is not antithetical to strong economic growth. New Yorkers have placed their trust in a market that prioritizes equity—and OCM remains committed to supporting that mission.”

New York’s cannabis industry has set the standard for equity in action. More than half of all adult-use licenses have been awarded to Social and Economic Equity applicants, with significant representation from minority- and women-owned businesses. This achievement comes at a time of remarkable growth for cannabis consumption in New York.

Over the past decade, adult use has risen significantly, with 19 percent of New Yorkers reporting annual use (+30 percent) and 12 percent reporting monthly use (+43 percent). Additionally, 67 percent of consumers who used cannabis in the past year reported purchasing from legal retail sources, reflecting growing confidence in the regulated market.

Cannabis Control Board Chairwoman Tremaine Wright said,

 “New York’s cannabis industry was designed with a focus on equity and opportunity, and today’s achievement is proof that our approach is working. By prioritizing Social and Economic Equity applicants, we’re creating a market that uplifts communities and fosters meaningful economic impact across the state. The tax revenue generated by this thriving industry directly supports our Community Reinvestment Grant Program, ensuring that communities disproportionately impacted by cannabis prohibition receive critical investments. This is only the beginning of what’s possible when we invest in an inclusive and well-regulated industry.”

Assembly Majority Leader Crystal Peoples-Stokes said, “As the Buffalo Bill’s coach says, ‘Trust the process.’ Things will continue to improve and be refined, but New York State’s Office of Cannabis Management (OCM) has established a solid foundation towards the success of its infant cannabis industry. Congratulations to OCM staff, the advocates, and the backbone of it all, New York’s cannabis supply chain of small businesses, in surpassing this milestone.”

The announcement comes on the heels of a strong and transformative year for New York cannabis, as highlighted in the just released OCM Annual Report. Report highlights below:

2024 in Review:

  • Over 5,250 Licenses, Permits, and Registrations issued or provisionally approved to date in State Fiscal Years 2023-2024 and 2024-2025
    • 221 Adult-Use Cultivator Licenses
      • 292 Adult-Use Processor Licenses
        • 569 Conditional Adult-Use Retail Dispensary Licenses
          • 448 Adult-Use Retail Dispensary Licenses
            • 185 Adult-Use Distributor Licenses
              • 272 Adult-Use Microbusiness Licenses
                • 3,265 Cannabinoid Hemp Licenses and Permits
                  • 17 Registered Organizations
                  • 269 Adult-Use Retail Dispensaries open for business
                  • 54.1 percent of Adult-Use Licenses issued to social and economic equity businesses
                  • $757.8 million in Adult-Use retail sales in 2024 as of November 30, 2024
                  • $80.2 million in tax, fee, and fine revenue in State Fiscal Year 2023-2024
                  • $67 million in tax, fee, and fine revenue by the mid-point of State Fiscal Year 2024-2025

EQUITY + COMMUNITY PARTNERSHIPS + TRAINING

  • OCM continued its support for equity applicants and licensees into 2024 through its programs, including the Cannabis Hub and Incubator Program (CHIP) SEE Application Assistance, collaborating with Technical Assistance Providers, CHIP Academy, and the CAURD Accelerator Program.
  • To significantly improve license processing, and enhance transparency, OCM implemented a single point of contact (SPOC) licensing review model.
  • In partnership with the Cannabis Advisory Board, opened the application window for Community Reinvestment Program grants, which will invest in neighborhoods that have been historically under-resourced, underserved, and over-policed.
  • In Feb. 2024, the OCM Veterans Taskforce was established to support, educate, and provide resources related to cannabis to the veteran population.
  • In 2024, 22 Advanced Roadside Impaired Driving Enforcement Trainings were conducted by the Governor’s Traffic Safety Committee (GTSC) with support from OCM, training 797 officers in necessary skills to identify impaired driving.
  • Additionally, four Drug Recognition Expert (DRE) Schools were held by GTSC with support from OCM, adding 60 newly certified DRE officers to the force and bringing the number of active DRE-Certified Officers in NYS to 445.

MEDICAL CANNABIS:

  • Over 100,000 patients registered with the Medical Cannabis Program
  • Nearly 8,500 Registered Caregivers
  • 4,454 Certifying Providers
  • 21 Medical Dispensaries
  • 11 Medical and Adult-Use Co-located Dispensaries
  • 3,550 Lots of medical cannabis products laboratory tested
  • 2024 Medical Cannabis campaign earned over 9.8 million impressions, over 42,500 clicks, and prompted 1 million video completions

To learn more, read the Office of Cannabis Management’s 2024 Annual Report, which provides an in-depth look at the work the OCM has done in the past year.

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CONGESTION PRICING STOPPED BY NEW JERSEY FEDERAL COURT. DELAYED JANUARY UNTIL FEBRUARY POSSIBLY

NJ Federal Judge Leo Gordon’s Order Blocks Congestion Pricing Tax

Requires further FHA review

 

Statement by Susan Lee, President, New Yorkers Against Congestion Pricing Tax

 

New Yorkers Against Congestion Pricing Tax, the coalition of residents from diverse neighborhoods around NYC who initiated a lawsuit to demand that the FHA perform an EIS to show the real impacts of Congestion Pricing on our communities, applauds the order issued by New Jersey Federal Judge Leo Gordon that sends the Congestion Pricing Tax back to the FHA to review whether this tax scheme complies with all federal legal mandates.

The Judge’s order confirms our position that this scheme is fundamentally flawed.  The order requires a further review that subjects any decision on its validity until late January into February of the new year. 

Any MTA attempt to proceed pending a final resolution would be both foolish and costly.  Following this order, we say to the MTA: “not so fast.”

Our Class Action lawsuit concerning the MTA’s failure to follow SAPA (the New York State Administrative Procedure Act) remains pending in SDNY.

SAPA requires consideration of socio-economic impacts, including on small business and workers. It is especially important because the toll tax impacts marginalized New Yorkers who will be hurt by the Congestion Pricing Tax which would cut into their pockets and pocketbooks.

 

The implementation of this toll-tax scheme would increase the costs of goods and services in every NYC neighborhood for small businesses and all New Yorkers whether they take public transit, ride a bike, walk, rely on for hire vehicles or drive a car; increase traffic and pollution and incidence of asthma in environmentally sensitive communities including the Lower East Side, Chinatown, and the South Bronx; and kill jobs that many lower income New Yorkers depend on –  one cannot get more socio-economic than that!

 

Last Spring we proposed “A 5-point Plan to Save Public Transit,” especially as a starting point. That plan includes funding MTA Capital Program the same way NYC and NYS fund their regular capital programs. Funding for public transit should be a priority in the same manner the city and state fund schools, hospitals, senior center, roads, libraries, museums and parks. Since PublicTransit fuels the City economy which fuels the state economy which fuels the U.S. economy, secure steady stream of capital funding from the Federal government.

 

The federal government must come through with substantial funding for the Public transit system that fuels the economy of the City and State that in turn fuel the national economy.

 

As to new revenues, look at the “menu” of one dozen alternatives identified by Keep NYC Congestion Tax Free.

 

Ultimately we still look forward to an outcome that leads to a path that protects New Yorkers from a deleterious environment and economy-killing toll-tax also harmful to public health and to devote public resources as appropriate and outlined above.

 

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