STATE OF NEW YORK
________________________________________________________________________
9343
IN SENATE
March 3, 2026
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the public authorities law, in relation to requiring
public notice and hearing prior to the imposition of new fees or
surcharges by the New York state thruway authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public authorities law is amended by adding a new
2 section 354-a to read as follows:
3 § 354-a. Public notice and hearing required for fees and surcharges.
4 1. As used in this section, the following terms shall have the follow-
5 ing meanings:
6 (a) "Fee" or "surcharge" means any administrative fee, service fee,
7 percentage-based fee, assessment, or other charge imposed in connection
8 with the collection of tolls, participation in a toll program, or the
9 administration of toll accounts, including but not limited to fees
10 imposed on third-party toll service providers or categories of toll
11 customers;
12 (b) For the avoidance of doubt, the term "toll," as used in this title
13 and any other provision of law, shall be deemed to include any fee,
14 surcharge, assessment, or other charge imposed in connection with the
15 use of the thruway, participation in a toll program, or the adminis-
16 tration of toll accounts; and
17 (c) "Material change" means the establishment of a new fee or
18 surcharge, an increase to an existing fee or surcharge, or the creation
19 of a new class or category of account holders subject to a fee or
20 surcharge.
21 2. The authority shall not adopt or implement any fee, surcharge, or
22 material change constituting, deemed, or treated as a toll or toll
23 adjustment under law unless such fee or surcharge is established in
24 accordance with the same public notice, publication, hearing, and
25 approval procedures required for a toll rate adjustment pursuant to this
26 title or any other applicable provision of law.
27 3. Such procedures shall include, but not be limited to:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14963-01-6
S. 9343 2
1 (a) public posting of the proposed fee or surcharge, including the
2 amount, methodology, and effective date;
3 (b) written notice to affected account holders and stakeholders;
4 (c) a public comment period of not less than thirty days; and
5 (d) at least one public hearing, which may be conducted in person or
6 virtually, with a public record maintained by the authority.
7 4. Prior to adoption of any fee or surcharge, the authority shall
8 prepare and make publicly available a written justification describing
9 the costs the fee or surcharge is intended to recover and the rationale
10 for the amount imposed.
11 5. Any fee or surcharge in effect on or after the effective date of
12 this section and adopted in violation of this section shall be void and
13 unenforceable until the requirements of this section have been satis-
14 fied.
15 § 2. This act shall take effect immediately. Effective immediately,
16 the addition, amendment and/or repeal of any rule or regulation neces-
17 sary for the implementation of this act are authorized to be made and
18 completed on or before such effective date.
