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A09070 Summary:

BILL NOA09070
 
SAME ASNo Same As
 
SPONSORReilly
 
COSPNSR
 
MLTSPNSR
 
Amd §§2855, 2985 & 2985-a, add §§386-c, 538-a, 553-l & 1279-m, Pub Auth L; amd §138, Transp L; add §4B, Chap 47 of 1931
 
Directs the commissioner of transportation, in consultation with the New York state bridge authority, thruway authority, triborough bridge and tunnel authority, metropolitan transportation authority, and port authority of New York and New Jersey, shall conduct a statewide study and review of the tolling authorities' regulations and policies in relation to cashless tolling and tolls by mail collection (Part A); provides that no fine, fee or administrative charge for the late payment of a toll shall exceed ten per centum of the amount of such toll owed or be accessed within one hundred eighty days from the date of the incurred toll (Part B); requires the department of transportation, in consultation and cooperation with the New York state thruway authority, the New York state bridge authority, the metropolitan transportation authority, and the Port authority of New York and New Jersey, maintain a central website with the contact information for each authority's relevant toll payer advocate office and customer service center including phone numbers, email addresses and a website address or hyperlink for each authority's toll payer advocate help request form (Part C); establishes a cashless tolling amnesty program for certain public authorities (Part D).
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A09070 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9070
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    September 5, 2025
                                       ___________
 
        Introduced by M. of A. REILLY -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN  ACT  in  relation to directing the commissioner of transportation to
          conduct a statewide study and review of the tolling authorities' regu-
          lations and policies in relation to cashless tolling and tolls by mail
          collection (Part A); to amend the public authorities law, in  relation
          to  fees  imposed  by public authorities (Part B); to amend the public
          authorities law and the transportation law, in relation to the  office
          of  toll  payer advocate (Part C); and to amend the public authorities
          law, in relation to the cashless tolling amnesty program; and to amend
          chapter 47 of the laws of 1931 relating to declaring the policy of the
          states of New York and New  Jersey  in  regard  to  certain  vehicular
          bridges  and tunnels within the port of New York district, in relation
          to requiring certain public authorities to establish a cashless  toll-
          ing amnesty program (Part D)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "toll payer advocacy and relief act".
     3    §  2.  Legislative findings and intent. Since the adoption of cashless
     4  tolling and tolls by mail collection in New  York  state,  many  drivers
     5  have  been complaining of excessive fines and charges resulting in oner-
     6  ous debt. Oftentimes, penalties are applied before a driver is aware  of
     7  a  missed  toll.  Many drivers have complained of insufficient notifica-
     8  tion, poor communication with the toll collecting authorities, and  lack
     9  of advocacy to dispute tolls and fines. This legislation is necessary to
    10  make  improvements  to the cashless tolling and tolls by mail collection
    11  systems that will provide relief to drivers from excessive fines,  while
    12  providing  them  adequate time to pay the original amount of tolls owed,
    13  without penalty.   If the owner formally challenges  any  fine,  fee  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13679-02-5

        A. 9070                             2
 
     1  administrative  charge, all such charges that could otherwise be imposed
     2  post-challenge shall be frozen in the midst of such dispute.
     3    §  3.  This act enacts into law major components of legislation neces-
     4  sary to implement the "toll payer advocacy and relief act". Each  compo-
     5  nent  is wholly contained within a Part identified as Parts A through D.
     6  The effective date for each particular provision contained  within  such
     7  Part is set forth in the last section of such Part. Any provision in any
     8  section  contained  within  a  Part, including the effective date of the
     9  Part, which makes a reference to a section "of this act", when  used  in
    10  connection  with  that particular component, shall be deemed to mean and
    11  refer to the corresponding section of the Part in  which  it  is  found.
    12  Section  five  of this act sets forth the general effective date of this
    13  act.
 
    14                                   PART A
 
    15    Section 1. The commissioner of transportation,  in  consultation  with
    16  the  New  York  state  bridge  authority,  thruway authority, triborough
    17  bridge and tunnel authority, metropolitan transportation authority,  and
    18  port  authority  of  New  York and New Jersey, shall conduct a statewide
    19  study and review of the tolling authorities' regulations and policies in
    20  relation to cashless tolling and tolls by mail collection.   Such  study
    21  shall  include, but not be limited to, the financial burden of excessive
    22  fines, fees or administrative charges for the late payment  of  a  toll,
    23  communication  problems  between  the  authorities and vehicle owners in
    24  relation to tolls, the effectiveness of the office of toll  payer  advo-
    25  cate in relation to the duration and outcome of requests for assistance,
    26  and any unique concerns based on regional issues or out of state owners.
    27    § 2. The commissioner of the department of transportation shall, on or
    28  before  the  thirty-first of December next succeeding the effective date
    29  of this act, submit a report of such study, including detailed recommen-
    30  dations and findings, to the governor, the temporary  president  of  the
    31  senate,  the speaker of the assembly, the minority leader of the senate,
    32  the minority leader of the assembly, and the chairs of  the  senate  and
    33  assembly  transportation  and  corporations, authorities and commissions
    34  committees and the ranking minority member of each such committees.
    35    § 3. This act shall take effect immediately.
 
    36                                   PART B
 
    37    Section 1. Section 2855 of the public authorities  law,  as  added  by
    38  section  1  of  part KK of chapter 59 of the laws of 2006, is amended to
    39  read as follows:
    40    § 2855. Electronic method of payment; periodic charges.  Notwithstand-
    41  ing  the  provisions  of any law to the contrary, if any authority shall
    42  offer any electronic method of payment for tolls, fares, fees,  rentals,
    43  or  other charges, including but not limited to a system called E-ZPass,
    44  such authority shall not impose any  periodic  administrative  or  other
    45  charge  for the privilege of using such electronic method of payment for
    46  such charges. Nothing in this section shall be construed to prohibit any
    47  authority from making any charge for extra services requested by a hold-
    48  er of such electronic method of payment, any charge for lost or  damaged
    49  equipment,  or  for defaults, such as charges for dishonored checks. The
    50  authority shall not enter any  agreement  with  bondholders  that  would
    51  require  the  imposition  of  administrative  or  other periodic charges
    52  relating to electronic methods of payment prohibited  by  this  section.

        A. 9070                             3
 
     1  No  fine,  fee  or  administrative charge for the late payment of a toll
     2  shall exceed ten per centum of the  amount  of  such  toll  owed  or  be
     3  accessed  within  one  hundred eighty days from the date of the incurred
     4  toll.   If the owner formally challenges any fine, fee or administrative
     5  charge, all such charges that could otherwise be imposed  post-challenge
     6  shall be frozen in the midst of such dispute.
     7    §  2.  Subdivision 5 of section 2985 of the public authorities law, as
     8  added by chapter 379 of the laws of 1992, is amended to read as follows:
     9    5. An owner found liable for a  violation  of  toll  collection  regu-
    10  lations  pursuant  to this section shall [for a first violation thereof]
    11  be liable for a monetary penalty not to exceed  [fifty  dollars  or  two
    12  times]  ten  percent  of  the  toll  evaded [whichever is greater; for a
    13  second violation thereof both within eighteen months  be  liable  for  a
    14  monetary  penalty  not  to  exceed one hundred dollars or five times the
    15  toll evaded whichever is greater; for a third  or  subsequent  violation
    16  thereof  all within eighteen months be liable for a monetary penalty not
    17  to exceed one hundred fifty dollars or ten times the toll evaded  which-
    18  ever  is  greater].   No fine, fee or administrative charge for the late
    19  payment of a toll shall be accessed within one hundred eighty days  from
    20  the  date  of  the incurred toll.   If the owner formally challenges any
    21  fine, fee or administrative charge, all such charges that  could  other-
    22  wise  be  imposed  post-challenge  shall  be frozen in the midst of such
    23  dispute.
    24    § 3. Subdivisions 3, 4 and 5 of section 2985-a of the public  authori-
    25  ties law, as added by section 2 of subpart B of part WW of chapter 56 of
    26  the laws of 2024, are amended to read as follows:
    27    3.  In the case of an owner who incurs an obligation to pay a toll for
    28  the first time in six months under the tolls by mail program at a  cash-
    29  less  tolling  facility,  a  toll bill shall be sent within ten business
    30  days after the end of the initial billing cycle and of  each  subsequent
    31  billing  cycle.  In the case of all other owners incurring an obligation
    32  to pay a toll at a cashless tolling facility, a toll bill shall be  sent
    33  at  the  end  of the next billing cycle. Toll bills shall be sent to the
    34  owner by first class mail, and may additionally be  sent  by  electronic
    35  means  of communication upon the affirmative consent of the owner, by or
    36  on behalf of the public authority which operates such  cashless  tolling
    37  facility. The owner shall have [thirty] one hundred eighty days from the
    38  date  of  the  toll  bill  to pay the incurred toll. The toll bill shall
    39  include: (i) the total amount of the incurred tolls due, (ii)  the  date
    40  by  which payment of the incurred tolls is due, (iii) any administrative
    41  fees, (iv) the address for receipt of payment and methods of payment for
    42  the toll, (v) the procedure for contesting  any  toll  and  the  contact
    43  information  for  the  relevant  toll payer advocate office and customer
    44  service center, (vi) information related to the failure to timely pay or
    45  respond to the notice of liability, in addition to the possibility  that
    46  a  judgment can be entered for repeat unpaid liabilities that could lead
    47  to a vehicle being towed or immobilized,  (vii)  a  website  address  or
    48  hyperlink for the owner to access time-stamped photographs or footage of
    49  each  toll  incurred  by electronic means, (viii) information related to
    50  the availability of the toll payer advocate to discuss payment  options,
    51  and  (ix)  other information required by law or by the public authority.
    52  Each toll bill shall identify the date, time,  location,  license  plate
    53  number,  and  jurisdiction  of  the license plate for each toll that has
    54  been incurred. Each toll bill shall include  an  image  of  the  license
    55  plate of the vehicle being used or operated on the toll facility. If the
    56  owner  fails  to  pay the initial toll bill within thirty days, a second

        A. 9070                             4
 
     1  toll bill shall be sent in the next  billing  cycle,  which  shall  also
     2  indicate  the  [overdue]  toll or tolls and any administrative [or late]
     3  fees due.  If the owner fails to pay within sixty  days  of  the  second
     4  toll  bill,  a  third toll bill shall be sent in the next billing cycle,
     5  which shall also indicate the toll or tolls and any administrative  fees
     6  due  and  shall notify the owner that administrative violation fees will
     7  be imposed if the owner fails to pay the toll bill  within  one  hundred
     8  eighty days from the date of the incurred toll. No fine, fee or adminis-
     9  trative  charge  for  the  late  payment  of a toll shall exceed ten per
    10  centum of the amount of such toll owed or be accessed within one hundred
    11  eighty days from the date of the incurred toll.  If the  owner  formally
    12  challenges any fine, fee or administrative charge, all such charges that
    13  could  otherwise  be imposed post-challenge shall be frozen in the midst
    14  of such dispute.
    15    4. In the case of an owner who does not pay a toll incurred under  the
    16  tolls  by  mail program on a cashless facility at the place and time and
    17  in the manner established for collection of such toll  in  the  [second]
    18  third toll bill, a notice of violation shall be sent notifying the owner
    19  that  the  toll  is  unpaid  and administrative violation fees are being
    20  imposed. The notice of violation shall be sent to  the  owner  by  first
    21  class mail, and may additionally be sent by electronic means of communi-
    22  cation upon the affirmative consent of the owner, by or on behalf of the
    23  public  authority  which  operates  such  cashless tolling facility. The
    24  notice of violation shall include: (i) the total amount of unpaid  tolls
    25  and administrative violation fees due, (ii) the date by which payment of
    26  the  tolls  and  administrative violation fees is due, (iii) the address
    27  for receipt of payment and methods of payment for  the  toll,  (iv)  the
    28  procedure  for  contesting  any toll and the contact information for the
    29  relevant toll payer advocate office and  customer  service  center,  (v)
    30  information  related  to  the  failure  to  timely pay or respond to the
    31  notice of liability, in addition to the possibility that a judgment  can
    32  be  entered  for  repeat unpaid liabilities that could lead to a vehicle
    33  being towed or immobilized, (vi) a website address or hyperlink for  the
    34  owner  to  access  time-stamped  photographs  or  footage  of  each toll
    35  incurred by electronic means, (vii) information related  to  the  avail-
    36  ability  of  the  toll  payer  advocate  to discuss payment options, and
    37  (viii) other information required by law or  by  the  public  authority.
    38  Each  notice  of  violation  shall  identify  the  date, time, location,
    39  license plate number, and jurisdiction of the  license  plate  for  each
    40  unpaid toll that has been incurred.
    41    5.  Any  fee  or  administrative  violation  fee that is assessed on a
    42  notice of violation pursuant to subdivision four of this  section  shall
    43  be  dismissed if the notice of violation was not sent within ninety days
    44  of the [second toll bill] alleged violation, provided that any  toll  or
    45  tolls  incurred  remain  due  and payable and provided further that such
    46  dismissal shall not apply in the event that  exceptional  circumstances,
    47  including  but  not  limited to technological failures, have delayed the
    48  timely mailing of the notice of violation and the public  authority  has
    49  posted  notice of such circumstances prominently on its website within a
    50  reasonable time of becoming aware of such circumstances, which shall  be
    51  adequate record of such circumstances.
    52    §  4.  This  act  shall  take  effect  immediately; provided, however,
    53  section three of this act shall take effect upon the enactment into  law
    54  by  the  state  of  New Jersey of legislation having an identical effect
    55  with this act, but if the state of New Jersey shall have already enacted
    56  such legislation, this act shall take effect immediately; provided  that

        A. 9070                             5
 
     1  the  state  of  New  Jersey  shall  notify the legislative bill drafting
     2  commission upon the occurrence  of  the  enactment  of  the  legislation
     3  provided for in section one of this act in order that the commission may
     4  maintain an accurate and timely effective data base of the official text
     5  of  the laws of the state of New York in furtherance of effectuating the
     6  provisions of section 44 of the legislative law and section 70-b of  the
     7  public  officers  law.  Any  rights or remedies granted to an individual
     8  pursuant to this act prior to the expiration  and  repeal  of  this  act
     9  shall not be affected by such expiration.
 
    10                                   PART C
 
    11    Section  1. Subdivision 13 of section 2985-a of the public authorities
    12  law, as added by section 2 of subpart B of part WW of chapter 56 of  the
    13  laws of 2024, is amended to read as follows:
    14    13.  Every  public authority that operates a cashless tolling facility
    15  shall establish an office  of  such  authority's  toll  payer  advocate,
    16  designed  to  further  assist  owners who remain unsatisfied after first
    17  attempting resolution in writing of their concern  with,  and  receiving
    18  written  determination  from,  such authority's customer service center.
    19  The office of the toll payer advocate shall also  endeavor  to  identify
    20  any  systemic issues and recommend reasonable improvements regarding the
    21  use of and process involved with the payment of tolls under the tolls by
    22  mail program at cashless tolling facilities  to  the  public  authority.
    23  The  office  of  toll  payer advocate shall respond to every request for
    24  assistance by an owner within forty-eight hours of such  request.    The
    25  office of toll payer advocate shall settle any request for assistance by
    26  an owner within sixty days of such request.  If the owner formally chal-
    27  lenges  any  fine,  fee  or administrative charge, all such charges that
    28  could otherwise be imposed post-challenge shall be frozen in  the  midst
    29  of such dispute.  The state department of transportation must maintain a
    30  central  website with the contact information for each authority's rele-
    31  vant toll payer advocate office and customer  service  center  including
    32  phone  numbers,  email  addresses and a website address or hyperlink for
    33  each authority's toll payer advocate help request form.
    34    § 2. Section 138 of the transportation law is amended by adding a  new
    35  subdivision 11 to read as follows:
    36    11.  In  consultation  and cooperation with the New York state thruway
    37  authority, the New York state bridge authority, the metropolitan  trans-
    38  portation  authority, and the port authority of New York and New Jersey,
    39  maintain a central website with the contact information for each author-
    40  ity's relevant toll payer advocate office and  customer  service  center
    41  including phone numbers, email addresses and a website address or hyper-
    42  link  for  each authority's toll payer advocate help request form.  Such
    43  website must also include information, a website address or  hyper  link
    44  for  each  public  authority's  online registration system for owners to
    45  choose to receive an electronic means of communication alert that a toll
    46  has been incurred under the tolls by mail program at a cashless  tolling
    47  facility.
    48    §  3.  This  act  shall  take  effect  immediately; provided, however,
    49  section one of this act shall take effect upon the enactment into law by
    50  the state of New Jersey of legislation having an identical  effect  with
    51  this act, but if the state of New Jersey shall have already enacted such
    52  legislation,  this  act shall take effect immediately; provided that the
    53  state of New Jersey shall notify the legislative bill  drafting  commis-
    54  sion  upon  the  occurrence of the enactment of the legislation provided

        A. 9070                             6
 
     1  for in section one of this act in order that the commission may maintain
     2  an accurate and timely effective data base of the official text  of  the
     3  laws  of  the  state  of  New  York  in  furtherance of effectuating the
     4  provisions  of section 44 of the legislative law and section 70-b of the
     5  public officers law. Any rights or remedies  granted  to  an  individual
     6  pursuant  to  this  act  prior  to the expiration and repeal of this act
     7  shall not be affected by such expiration.
 
     8                                   PART D
 
     9    Section 1. The public authorities law  is  amended  by  adding  a  new
    10  section 386-c to read as follows:
    11    §  386-c.  Cashless  tolling  amnesty  program. 1. Notwithstanding any
    12  other provisions of this title or any other  law,  the  authority  shall
    13  provide  an  amnesty program for any person, firm, corporation, or other
    14  entity charged with the payment of a cashless toll fee for  the  use  of
    15  any  highway,  bridge  or  tunnel operated by the authority prior to the
    16  effective date of this section.
    17    2. Such amnesty program shall allow any person, firm, corporation,  or
    18  other entity charged with the payment of a cashless toll fee for the use
    19  of  any  highway, bridge or tunnel operated by the authority to pay such
    20  tolls in full and to have any toll violation fees and penalties  related
    21  to  such  paid  tolls  waived;  provided such payment is made within one
    22  hundred eighty days from the effective date of this section.
    23    3. The authority shall conspicuously post on its  website  information
    24  on such amnesty program.
    25    §  2.  The  public  authorities law is amended by adding a new section
    26  538-a to read as follows:
    27    § 538-a. Cashless tolling  amnesty  program.  1.  Notwithstanding  any
    28  other  provisions  of  this  title or any other law, the authority shall
    29  provide an amnesty program for any person, firm, corporation,  or  other
    30  entity  charged  with  the payment of a cashless toll fee for the use of
    31  any highway, bridge or tunnel operated by the  authority  prior  to  the
    32  effective date of this section.
    33    2.  Such amnesty program shall allow any person, firm, corporation, or
    34  other entity charged with the payment of a cashless toll fee for the use
    35  of any highway, bridge or tunnel operated by the authority to  pay  such
    36  tolls  in full and to have any toll violation fees and penalties related
    37  to such paid tolls waived; provided such  payment  is  made  within  one
    38  hundred eighty days from the effective date of this section.
    39    3.  The  authority shall conspicuously post on its website information
    40  on such amnesty program.
    41    § 3. The public authorities law is amended by  adding  a  new  section
    42  553-l to read as follows:
    43    §  553-l.  Cashless  tolling  amnesty  program. 1. Notwithstanding any
    44  other provisions of this title or any other  law,  the  authority  shall
    45  provide  an  amnesty program for any person, firm, corporation, or other
    46  entity charged with the payment of a cashless toll fee for  the  use  of
    47  any  highway,  bridge  or  tunnel operated by the authority prior to the
    48  effective date of this section.
    49    2. Such amnesty program shall allow any person, firm, corporation,  or
    50  other entity charged with the payment of a cashless toll fee for the use
    51  of  any  highway, bridge or tunnel operated by the authority to pay such
    52  tolls in full and to have any toll violation fees and penalties  related
    53  to  such  paid  tolls  waived;  provided such payment is made within one
    54  hundred eighty days from the effective date of this section.

        A. 9070                             7
 
     1    3. The authority shall conspicuously post on its  website  information
     2  on such amnesty program.
     3    §  4.  Chapter 47 of the laws of 1931 relating to declaring the policy
     4  of the states of New York and New Jersey in regard to certain  vehicular
     5  bridges  and tunnels within the port of New York district, is amended by
     6  adding a new section 4B to read as follows:
     7    § 4B. Cashless tolling amnesty program. 1.  Notwithstanding any  other
     8  provisions  of  this  act  or  any  other  law, the port authority shall
     9  provide an amnesty program for any person, firm, corporation,  or  other
    10  entity  charged  with  the payment of a cashless toll fee for the use of
    11  any highway, bridge or tunnel operated by such authority  prior  to  the
    12  effective date of this section.
    13    2.  Such amnesty program shall allow any person, firm, corporation, or
    14  other entity charged with the payment of a cashless toll fee for the use
    15  of any highway, bridge or tunnel operated by the port authority  to  pay
    16  such  tolls  in  full  and to have any toll violation fees and penalties
    17  related to such paid tolls waived; provided such payment is made  within
    18  one hundred eighty days from the effective date of this section.
    19    3. The port authority shall conspicuously post on its website informa-
    20  tion on such amnesty program.
    21    §  5.  The  public  authorities law is amended by adding a new section
    22  1279-m to read as follows:
    23    § 1279-m. Cashless tolling amnesty  program.  1.  Notwithstanding  any
    24  other  provisions  of  this  title or any other law, the authority shall
    25  provide an amnesty program for any person, firm, corporation,  or  other
    26  entity  charged  with  the payment of a cashless toll fee for the use of
    27  any highway, bridge or tunnel operated by the  authority  prior  to  the
    28  effective date of this section.
    29    2.  Such amnesty program shall allow any person, firm, corporation, or
    30  other entity charged with the payment of a cashless toll fee for the use
    31  of any highway, bridge or tunnel operated by the authority to  pay  such
    32  tolls  in full and to have any toll violation fees and penalties related
    33  to such paid tolls waived; provided such  payment  is  made  within  one
    34  hundred eighty days from the effective date of this section.
    35    3.  The  authority shall conspicuously post on its website information
    36  on such amnesty program.
    37    § 6. This  act  shall  take  effect  immediately;  provided,  however,
    38  section  four  of this act shall take effect upon the enactment into law
    39  by the state of New Jersey of legislation  having  an  identical  effect
    40  with this act, but if the state of New Jersey shall have already enacted
    41  such  legislation, this act shall take effect immediately; provided that
    42  the state of New Jersey  shall  notify  the  legislative  bill  drafting
    43  commission  upon  the  occurrence  of  the  enactment of the legislation
    44  provided for in section one of this act in order that the commission may
    45  maintain an accurate and timely effective data base of the official text
    46  of the laws of the state of New York in furtherance of effectuating  the
    47  provisions  of section 44 of the legislative law and section 70-b of the
    48  public officers law. Any rights or remedies  granted  to  an  individual
    49  pursuant  to  this  act  prior  to the expiration and repeal of this act
    50  shall not be affected by such expiration.
    51    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    52  sion, section or part of this act shall be  adjudged  by  any  court  of
    53  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    54  impair, or invalidate the remainder thereof, but shall  be  confined  in
    55  its  operation  to the clause, sentence, paragraph, subdivision, section
    56  or part thereof directly involved in the controversy in which such judg-

        A. 9070                             8
 
     1  ment shall have been rendered. It is hereby declared to be the intent of
     2  the legislature that this act would  have  been  enacted  even  if  such
     3  invalid provisions had not been included herein.
     4    §  5.  This act shall take effect immediately; provided, however, that
     5  the applicable effective date of Parts A through D of this act shall  be
     6  as specifically set forth in the last section of such Parts.
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