On Monday, April 7, Sheldon Silver walked out of a closed door meeting of State Assembly Democrats and announced congestion pricing was dead. Never mind that New York City's mayor and City Council supported the plan along with the governor, the State Senate and an unprecedented coalition of business, labor, environmental and civic groups. Like so much else in Albany, the decision was made in secret, without a debate, a vote or even a record of the proceedings.

Until congestion pricing came around, I never paid all that much attention to Albany. Sure, I knew about the sex and graft scandals, the "three men in a room," and the Brennan Center reports showing New York's government has more in common with the old Soviet Politburo than America's 49 other state legislatures. I knew "dysfunctional" was the official adjective to describe Albany. But the dysfunction never seemed to impinge on my own life in any immediate, tangible way. Until congestion pricing.

I was really looking forward to seeing motorists pay to drive into Lower Manhattan. While I understood the importance of $354 million in federal aid, $491 million per year in revenue for transit and fewer kids growing up with asthma, this wasn't what pumped me up. What I liked most about congestion pricing was the fact that the people who make life in New York City most miserable -- the armada of horn-honking, exhaust-spewing, space-hogging, oil-guzzling, climate change-inducing motorheads that rolls through my neighborhood every day, to and from the free East River bridges, were finally going to have to pay for the privilege.

Assembly Democrats gave lots of reasons why they couldn't support pricing, few of which dealt with substance and most of which boiled down to their feeling that an arrogant, imperious billionaire mayor and his elitist supporters were trying to stick it to New York City's poor and middle class. No matter that New York City's poor and middle class already pay a fare to ride the subway and bus and that the number one propagator of this populist claptrap was Richard Brodsky, a Westchester Assemblyman who represents the region's wealthiest Manhattan-bound car commuters, average annual income, $176,231. At least Brodsky did a good job standing up for his constituents. That's a hell of a lot more than Joan Millman, Deborah Glick, Hakeem Jeffries, Daniel O'Donnel, Jonathan Bing and the rest of the city's Assembly delegation can say for itself.

The moment I realized pricing was doomed in the legislature was when Denny Farrell, a 34-year Assembly veteran, stood up before the Congestion Mitigation Commission, of which he was a member, and delivered an impassioned speech against toll booths on the bridges between Manhattan and the Bronx. Toll booths, Farrell said, would "freeze all of northern Manhattan in gridlock" on Yankees game nights. The speech took place not at the first Commission hearing in September but at the penultimate meeting in January. Somehow, incredibly, Farrell managed to sit through four months of meetings and hearings without realizing that congestion pricing fees are collected electronically; toll booths were not part of the plan. This was the guy who was assigned to bring the work of the Commission back to his colleagues in the Assembly and he either wasn't paying attention or simply didn't care.

During Commission meetings, Farrell frequently shared his experiences driving and parking in the city. Invariably, his personal transportation anecdotes never involved a subway, bus, bike or even a sidewalk. It was a reminder that while New York state legislators are paid a middle class salary (by New York City standards, at least), they are still members of New York City's other elite -- the free riding class. Their unlimited parking privilege allows them to drive wherever and whenever they want. From their windshield perspective, the city is a transportation problem to be solved for cars. Ultimately, the biggest hurdle congestion pricing faced was the simple fact that the people required to enact the legislation were the ones who stood to pay the most because of it. You know that beleaguered middle class driver the Assembly kept talking about? He was a state legislator.

If any good has come of the Assembly's failure to act on congestion pricing, it's simply this: A new generation of citizen activists got to see up close and personal how broken New York State government is and how badly it's in need of fixing. Assembly members come up for election every two years and are often ushered in to office by as few as 5,000 votes. September 2008 ought to be the last time any of these legislators have the pleasure of seeing only their own name on a Democratic primary ballot.

By Aaron Naparstek. The views expressed in this article do not necessarily reflect the views of Transportation Alternatives.  

With the midnight deadline to receive $354 million in federal aid approaching in a matter of hours, now is the last chance to call your representatives in Albany to express your support, no matter where they may stand on the issue. And don't forget, when you call you can have these handy fact sheets at your disposal.

As we learned from reader reports last week, several representatives who seem to be leaning against pricing in the press are in fact uncommitted. Your phone calls today will make a difference.

Every state legislator should hear as often as possible from pricing supporters, but here are a few that Streetsbloggers have identified as fence-sitters, and what our readers heard when they called.

Hakeem Jeffries. Despite signals that he does not favor pricing, the Brooklyn Assemblyman has yet to decide how he will vote:

• "i finally got an email back from Jeffries... in his email he said he was still "keeping an open mind" but that his colleagues in the assembly still had concerns that had to be addressed."

Brooklyn Assemblywoman Joan Millman:

• "Assemblywoman Millman supports the concept of congestion pricing, but is hung up on getting assurances from the mayor about the lock box, transit improvements, and handicap access to subway stations."

Upper West Side Assemblyman Danny O'Donnell:

• "I called O'Donnell's office. The staffer on the phone said he "supports the goals" of CP but "has many questions." I gave my spiel on why we need CP."

Lower Manhattan Assemblywoman Deborah Glick:

• "Called Glick’s office. Was told repeatedly that Glick does not have a position on this issue which is bizarre because all of lower Manhattan would benefit from the reduction of trucks heading over the bridges and into the Holland tunnel."
  

Queens Assemblywoman Catherine Nolan:

• "I spoke to a staff member in Catherine Nolan's office. She said Nolan currently has no opinion."

Silver, who has not voiced a public position on the issue, said the meetings will continue today, and he refused to declare the plan dead.

Meanwhile, Assembly Minority Leader Jim Tedisco has proposed that pricing be attached to the budget, the Daily Politics reports, which would make it tougher to vote down. But on this count, Silver's position is already well-known.

Assembly Speaker Sheldon Silver reportedly is vehemently opposed to including congestion pricing in the budget, and has said he doesn't want to deal with this issue at all until after the budget is passed.

After the jump, a collection of quotes from lawmakers following last night's meeting.

From the Times:

“I think it’s going down,” said Anthony S. Seminerio, an assemblyman from Queens. “There are too many unanswered questions.”

“This is Albany, and nothing is dead until it’s dead, dead,” said Assemblyman Daniel J. O’Donnell, who represents the Upper West Side and opposes the mayor’s plan. Still, he said, “It doesn’t look good.”

“The Assembly won’t let the mayor and Senator Bruno force this into the budget,” said Micah Kellner, a Democratic Assemblyman from the Upper East Side who supports congestion pricing. “The Assembly is going to stand firm on this.”

From the Post:

"Congestion pricing is not dead but it's on life support," said Assemblyman opponent Hakeem Jeffries (D-Brooklyn). "[It] will require substantial amendments in order to revive it and even that may not be enough."

Assemblyman Michael Benjamin (D-Bronx), another opponent of the toll system -- which is already operating in London -- fumed: "The last good idea to come from Britain was radar!"

"It's a good plan," said Assemblyman Adam Clayton Powell IV (D-Manhattan), one of the few local supporters who spoke. "Anything that reduces vehicle traffic and increases mass transit is a good thing. Driving into Manhattan is a privilege, not a right."

From New York 1:

"It’s just a bad approach where working class citizens of the city of New York are going to wind up having to pay either $8 or eventually a fare increase,” said Assembly member Ruben Diaz, Jr. 

"It’s our obligation to help the city and help our neighborhood to obtain the funds necessary to improve our system,” said Assembly member Carmen Arroyo.

"There are some problems in the bill. I think that would need to get addressed before I could consider voting for it," said Assemblymember Danny O'Donnell. 

In his radio address this weekend, Mayor Bloomberg urged state lawmakers to "put aside their competing interests and come together" on the issue of congestion pricing. "To leave this half a billion dollars just sitting on the table would be absolutely ridiculous." In response, Brodsky told the New York Times:

We don't have any competing interests. We're interested only in the public interest, and the first thing the public interest requires is someone to actually look at the mayor's plan, fairly and thoroughly.

Yet, over the last five years Assembly Member Brodsky has accepted at least $16,700 in campaign contributions from parking garage interests, according to the New York State Board of Elections. Brodsky's parking industry contributions far exceed those of any other state legislator (though Queens City Council Member David Weprin leads the pack with his $20,500 $40,650 haul). Specifically, Brodsky's contributions have come from the Metropolitan Parking Association and the Mallah family, the owner of several parking companies and sometimes referred to as New York City's "parking royalty."

The Mallah family has interests in several parking corporations including Merit Parking, Mallah Parking Corporation, Advance Parking, and Icon Parking. Shelly Mallah is also associated with New York City's Metropolitan Parking Association and has made campaign contributions to its political action committee.

Vincent Petraro, the executive director of the Metropolitan Parking Association, a trade group representing about 800 lots and garages in New York City, has served as an intermediary for political campaign contributions for Sheldon Mallah, according to the NYC Campaign Finance Board. Petraro is also a board member of Queens Chamber of Commerce and chairman of its Legislative Advocacy Committee.

Parking industry contributions to Richard Brodsky:

$1,000	12/01/05	Sheldon Mallah
$1,000	12/01/05	Sandra Mallah
$500	3/28/05	Metro Parking Association
$400	3/25/04	Sandra Mallah
$500	5/20/04	Sheldon Mallah
$1,000	5/20/04	Sandra Mallah
$2,000	4/29/04	Sandra Mallah
$800	3/25/04	Sheldon Mallah
$500	12/30/03	Sheldon Mallah
$1,000	12/30/03	Sandra Mallah
$1,000	6/26/03	Sheldon Mallah
$2,000	6/23/03	Sandra Mallah
$1,000	3/03/03	Sandra Mallah
$1,000	11/22/02	Sandra Mallah
$1,000	8/26/02	Sandra Mallah
$1,000	8/26/02	Sandra Mallah
$1,000	5/06/02	Sandra Mallah

TOTAL: $16,700

How do Brodsky's parking industry contributions compare? No other state legislator even comes close to the levels of contributions received by Brodsky from the Mallahs and the Metropolitan Parking Association since 2002.

Marty Golden	$1,500
Denny Farrell	$1,000
Sheldon Silver	$1,000
Joe Lentol	$750
John Sabini	$500
Danny O’Donnell	$500
Rory Lancman	$500
Michael Cusick	$250
Mark Weprin	$250

O'Donnell represents the 69th Assembly District which includes Manhattan Valley, Morningside Heights, and the Upper West Side of Manhattan.

Thank you for reaching out to my office. I find it valuable to gain awareness of the legislative issues my constituents are concerned with. I genuinely appreciate the effort you took to address your views on PlaNYC 2030.

I commend Mayor Michael Bloomberg's comprehensive approach to making New York City more environmentally sustainable. New York City has always been a leader in sustainable urban policy for the rest of the world's great cities and the proposed PlaNYC 2030 is a major example of that leadership. As of the moment, no detailed legislation has been presented to members of the New York State Legislature regarding the many programs under PlaNYC 2030. Until I can consider every detail of any proposed legislation and how it would affect the lives and families of my constituents, I cannot take a definite position.

Be assured of my commitment and longstanding support to improve environmental sustainability and public transportation in New York City. I am currently a sponsor of the "Bigger Better Bottle Bill", which expands the Returnable Container Act to non-carbonated beverages. I am also an advocate for developing a freight rail-tunnel in our city, which would go a long way in alleviating the traffic congestion that negatively affects our quality of life.

As the status of PlaNYC 2030 evolves in the State Assembly, please continue to contact my office with your concerns. I fully welcome any further comments you may have.

Very truly yours,
Daniel O'Donnell
Assembly Member