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S09493 Summary:

BILL NOS09493
 
SAME ASSAME AS A09070
 
SPONSORLANZA
 
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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S09493 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9493
 
                    IN SENATE
 
                                     March 18, 2026
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed 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
    14  administrative  charge, all such charges that could otherwise be imposed
    15  post-challenge shall be frozen in the midst of such dispute.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13679-02-5

        S. 9493                             2
 
     1    § 3. This act enacts into law major components of  legislation  neces-
     2  sary  to implement the "toll payer advocacy and relief act". Each compo-
     3  nent is wholly contained within a Part identified as Parts A through  D.
     4  The  effective  date for each particular provision contained within such
     5  Part is set forth in the last section of such Part. Any provision in any
     6  section  contained  within  a  Part, including the effective date of the
     7  Part, which makes a reference to a section "of this act", when  used  in
     8  connection  with  that particular component, shall be deemed to mean and
     9  refer to the corresponding section of the Part in  which  it  is  found.
    10  Section  five  of this act sets forth the general effective date of this
    11  act.
 
    12                                   PART A
 
    13    Section 1. The commissioner of transportation,  in  consultation  with
    14  the  New  York  state  bridge  authority,  thruway authority, triborough
    15  bridge and tunnel authority, metropolitan transportation authority,  and
    16  port  authority  of  New  York and New Jersey, shall conduct a statewide
    17  study and review of the tolling authorities' regulations and policies in
    18  relation to cashless tolling and tolls by mail collection.   Such  study
    19  shall  include, but not be limited to, the financial burden of excessive
    20  fines, fees or administrative charges for the late payment  of  a  toll,
    21  communication  problems  between  the  authorities and vehicle owners in
    22  relation to tolls, the effectiveness of the office of toll  payer  advo-
    23  cate in relation to the duration and outcome of requests for assistance,
    24  and any unique concerns based on regional issues or out of state owners.
    25    § 2. The commissioner of the department of transportation shall, on or
    26  before  the  thirty-first of December next succeeding the effective date
    27  of this act, submit a report of such study, including detailed recommen-
    28  dations and findings, to the governor, the temporary  president  of  the
    29  senate,  the speaker of the assembly, the minority leader of the senate,
    30  the minority leader of the assembly, and the chairs of  the  senate  and
    31  assembly  transportation  and  corporations, authorities and commissions
    32  committees and the ranking minority member of each such committees.
    33    § 3. This act shall take effect immediately.
 
    34                                   PART B
 
    35    Section 1. Section 2855 of the public authorities  law,  as  added  by
    36  section  1  of  part KK of chapter 59 of the laws of 2006, is amended to
    37  read as follows:
    38    § 2855. Electronic method of payment; periodic charges.  Notwithstand-
    39  ing  the  provisions  of any law to the contrary, if any authority shall
    40  offer any electronic method of payment for tolls, fares, fees,  rentals,
    41  or  other charges, including but not limited to a system called E-ZPass,
    42  such authority shall not impose any  periodic  administrative  or  other
    43  charge  for the privilege of using such electronic method of payment for
    44  such charges. Nothing in this section shall be construed to prohibit any
    45  authority from making any charge for extra services requested by a hold-
    46  er of such electronic method of payment, any charge for lost or  damaged
    47  equipment,  or  for defaults, such as charges for dishonored checks. The
    48  authority shall not enter any  agreement  with  bondholders  that  would
    49  require  the  imposition  of  administrative  or  other periodic charges
    50  relating to electronic methods of payment prohibited  by  this  section.
    51  No  fine,  fee  or  administrative charge for the late payment of a toll
    52  shall exceed ten per centum of the  amount  of  such  toll  owed  or  be

        S. 9493                             3
 
     1  accessed  within  one  hundred eighty days from the date of the incurred
     2  toll.  If the owner formally challenges any fine, fee or  administrative
     3  charge,  all such charges that could otherwise be imposed post-challenge
     4  shall be frozen in the midst of such dispute.
     5    §  2.  Subdivision 5 of section 2985 of the public authorities law, as
     6  added by chapter 379 of the laws of 1992, is amended to read as follows:
     7    5. An owner found liable for a  violation  of  toll  collection  regu-
     8  lations  pursuant  to this section shall [for a first violation thereof]
     9  be liable for a monetary penalty not to exceed  [fifty  dollars  or  two
    10  times]  ten  percent  of  the  toll  evaded [whichever is greater; for a
    11  second violation thereof both within eighteen months  be  liable  for  a
    12  monetary  penalty  not  to  exceed one hundred dollars or five times the
    13  toll evaded whichever is greater; for a third  or  subsequent  violation
    14  thereof  all within eighteen months be liable for a monetary penalty not
    15  to exceed one hundred fifty dollars or ten times the toll evaded  which-
    16  ever  is  greater].   No fine, fee or administrative charge for the late
    17  payment of a toll shall be accessed within one hundred eighty days  from
    18  the  date  of  the incurred toll.   If the owner formally challenges any
    19  fine, fee or administrative charge, all such charges that  could  other-
    20  wise  be  imposed  post-challenge  shall  be frozen in the midst of such
    21  dispute.
    22    § 3. Subdivisions 3, 4 and 5 of section 2985-a of the public  authori-
    23  ties law, as added by section 2 of subpart B of part WW of chapter 56 of
    24  the laws of 2024, are amended to read as follows:
    25    3.  In the case of an owner who incurs an obligation to pay a toll for
    26  the first time in six months under the tolls by mail program at a  cash-
    27  less  tolling  facility,  a  toll bill shall be sent within ten business
    28  days after the end of the initial billing cycle and of  each  subsequent
    29  billing  cycle.  In the case of all other owners incurring an obligation
    30  to pay a toll at a cashless tolling facility, a toll bill shall be  sent
    31  at  the  end  of the next billing cycle. Toll bills shall be sent to the
    32  owner by first class mail, and may additionally be  sent  by  electronic
    33  means  of communication upon the affirmative consent of the owner, by or
    34  on behalf of the public authority which operates such  cashless  tolling
    35  facility. The owner shall have [thirty] one hundred eighty days from the
    36  date  of  the  toll  bill  to pay the incurred toll. The toll bill shall
    37  include: (i) the total amount of the incurred tolls due, (ii)  the  date
    38  by  which payment of the incurred tolls is due, (iii) any administrative
    39  fees, (iv) the address for receipt of payment and methods of payment for
    40  the toll, (v) the procedure for contesting  any  toll  and  the  contact
    41  information  for  the  relevant  toll payer advocate office and customer
    42  service center, (vi) information related to the failure to timely pay or
    43  respond to the notice of liability, in addition to the possibility  that
    44  a  judgment can be entered for repeat unpaid liabilities that could lead
    45  to a vehicle being towed or immobilized,  (vii)  a  website  address  or
    46  hyperlink for the owner to access time-stamped photographs or footage of
    47  each  toll  incurred  by electronic means, (viii) information related to
    48  the availability of the toll payer advocate to discuss payment  options,
    49  and  (ix)  other information required by law or by the public authority.
    50  Each toll bill shall identify the date, time,  location,  license  plate
    51  number,  and  jurisdiction  of  the license plate for each toll that has
    52  been incurred. Each toll bill shall include  an  image  of  the  license
    53  plate of the vehicle being used or operated on the toll facility. If the
    54  owner  fails  to  pay the initial toll bill within thirty days, a second
    55  toll bill shall be sent in the next  billing  cycle,  which  shall  also
    56  indicate  the  [overdue]  toll or tolls and any administrative [or late]

        S. 9493                             4
 
     1  fees due.  If the owner fails to pay within sixty  days  of  the  second
     2  toll  bill,  a  third toll bill shall be sent in the next billing cycle,
     3  which shall also indicate the toll or tolls and any administrative  fees
     4  due  and  shall notify the owner that administrative violation fees will
     5  be imposed if the owner fails to pay the toll bill  within  one  hundred
     6  eighty days from the date of the incurred toll. No fine, fee or adminis-
     7  trative  charge  for  the  late  payment  of a toll shall exceed ten per
     8  centum of the amount of such toll owed or be accessed within one hundred
     9  eighty days from the date of the incurred toll.  If the  owner  formally
    10  challenges any fine, fee or administrative charge, all such charges that
    11  could  otherwise  be imposed post-challenge shall be frozen in the midst
    12  of such dispute.
    13    4. In the case of an owner who does not pay a toll incurred under  the
    14  tolls  by  mail program on a cashless facility at the place and time and
    15  in the manner established for collection of such toll  in  the  [second]
    16  third toll bill, a notice of violation shall be sent notifying the owner
    17  that  the  toll  is  unpaid  and administrative violation fees are being
    18  imposed. The notice of violation shall be sent to  the  owner  by  first
    19  class mail, and may additionally be sent by electronic means of communi-
    20  cation upon the affirmative consent of the owner, by or on behalf of the
    21  public  authority  which  operates  such  cashless tolling facility. The
    22  notice of violation shall include: (i) the total amount of unpaid  tolls
    23  and administrative violation fees due, (ii) the date by which payment of
    24  the  tolls  and  administrative violation fees is due, (iii) the address
    25  for receipt of payment and methods of payment for  the  toll,  (iv)  the
    26  procedure  for  contesting  any toll and the contact information for the
    27  relevant toll payer advocate office and  customer  service  center,  (v)
    28  information  related  to  the  failure  to  timely pay or respond to the
    29  notice of liability, in addition to the possibility that a judgment  can
    30  be  entered  for  repeat unpaid liabilities that could lead to a vehicle
    31  being towed or immobilized, (vi) a website address or hyperlink for  the
    32  owner  to  access  time-stamped  photographs  or  footage  of  each toll
    33  incurred by electronic means, (vii) information related  to  the  avail-
    34  ability  of  the  toll  payer  advocate  to discuss payment options, and
    35  (viii) other information required by law or  by  the  public  authority.
    36  Each  notice  of  violation  shall  identify  the  date, time, location,
    37  license plate number, and jurisdiction of the  license  plate  for  each
    38  unpaid toll that has been incurred.
    39    5.  Any  fee  or  administrative  violation  fee that is assessed on a
    40  notice of violation pursuant to subdivision four of this  section  shall
    41  be  dismissed if the notice of violation was not sent within ninety days
    42  of the [second toll bill] alleged violation, provided that any  toll  or
    43  tolls  incurred  remain  due  and payable and provided further that such
    44  dismissal shall not apply in the event that  exceptional  circumstances,
    45  including  but  not  limited to technological failures, have delayed the
    46  timely mailing of the notice of violation and the public  authority  has
    47  posted  notice of such circumstances prominently on its website within a
    48  reasonable time of becoming aware of such circumstances, which shall  be
    49  adequate record of such circumstances.
    50    §  4.  This  act  shall  take  effect  immediately; provided, however,
    51  section three of this act shall take effect upon the enactment into  law
    52  by  the  state  of  New Jersey of legislation having an identical effect
    53  with this act, but if the state of New Jersey shall have already enacted
    54  such legislation, this act shall take effect immediately; provided  that
    55  the  state  of  New  Jersey  shall  notify the legislative bill drafting
    56  commission upon the occurrence  of  the  enactment  of  the  legislation

        S. 9493                             5
 
     1  provided for in section one of this act in order that the commission may
     2  maintain an accurate and timely effective data base of the official text
     3  of  the 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 C
 
     9    Section 1. Subdivision 13 of section 2985-a of the public  authorities
    10  law,  as added by section 2 of subpart B of part WW of chapter 56 of the
    11  laws of 2024, is amended to read as follows:
    12    13. Every public authority that operates a cashless  tolling  facility
    13  shall  establish  an  office  of  such  authority's toll payer advocate,
    14  designed to further assist owners who  remain  unsatisfied  after  first
    15  attempting  resolution  in  writing of their concern with, and receiving
    16  written determination from, such authority's  customer  service  center.
    17  The  office  of  the toll payer advocate shall also endeavor to identify
    18  any systemic issues and recommend reasonable improvements regarding  the
    19  use of and process involved with the payment of tolls under the tolls by
    20  mail  program  at  cashless  tolling facilities to the public authority.
    21  The office of toll payer advocate shall respond  to  every  request  for
    22  assistance  by  an  owner within forty-eight hours of such request.  The
    23  office of toll payer advocate shall settle any request for assistance by
    24  an owner within sixty days of such request.  If the owner formally chal-
    25  lenges any fine, fee or administrative charge,  all  such  charges  that
    26  could  otherwise  be imposed post-challenge shall be frozen in the midst
    27  of such dispute.  The state department of transportation must maintain a
    28  central website with the contact information for each authority's  rele-
    29  vant  toll  payer  advocate office and customer service center including
    30  phone numbers, email addresses and a website address  or  hyperlink  for
    31  each authority's toll payer advocate help request form.
    32    §  2. Section 138 of the transportation law is amended by adding a new
    33  subdivision 11 to read as follows:
    34    11. In consultation and cooperation with the New  York  state  thruway
    35  authority,  the New York state bridge authority, the metropolitan trans-
    36  portation authority, and the port authority of New York and New  Jersey,
    37  maintain a central website with the contact information for each author-
    38  ity's  relevant  toll  payer advocate office and customer service center
    39  including phone numbers, email addresses and a website address or hyper-
    40  link for each authority's toll payer advocate help request form.    Such
    41  website  must  also include information, a website address or hyper link
    42  for each public authority's online registration  system  for  owners  to
    43  choose to receive an electronic means of communication alert that a toll
    44  has  been incurred under the tolls by mail program at a cashless tolling
    45  facility.
    46    § 3. This  act  shall  take  effect  immediately;  provided,  however,
    47  section one of this act shall take effect upon the enactment into law by
    48  the  state  of New Jersey of legislation having an identical effect with
    49  this act, but if the state of New Jersey shall have already enacted such
    50  legislation, this act shall take effect immediately; provided  that  the
    51  state  of  New Jersey shall notify the legislative bill drafting commis-
    52  sion upon the occurrence of the enactment of  the  legislation  provided
    53  for in section one of this act in order that the commission may maintain
    54  an  accurate  and timely effective data base of the official text of the

        S. 9493                             6
 
     1  laws of the state  of  New  York  in  furtherance  of  effectuating  the
     2  provisions  of section 44 of the legislative law and section 70-b of the
     3  public officers law. Any rights or remedies  granted  to  an  individual
     4  pursuant  to  this  act  prior  to the expiration and repeal of this act
     5  shall not be affected by such expiration.
 
     6                                   PART D
 
     7    Section 1. The public authorities law  is  amended  by  adding  a  new
     8  section 386-c to read as follows:
     9    §  386-c.  Cashless  tolling  amnesty  program. 1. Notwithstanding any
    10  other provisions of this title or any other  law,  the  authority  shall
    11  provide  an  amnesty program for any person, firm, corporation, or other
    12  entity charged with the payment of a cashless toll fee for  the  use  of
    13  any  highway,  bridge  or  tunnel operated by the authority prior to the
    14  effective date of this section.
    15    2. Such amnesty program shall allow any person, firm, corporation,  or
    16  other entity charged with the payment of a cashless toll fee for the use
    17  of  any  highway, bridge or tunnel operated by the authority to pay such
    18  tolls in full and to have any toll violation fees and penalties  related
    19  to  such  paid  tolls  waived;  provided such payment is made within one
    20  hundred eighty days from the effective date of this section.
    21    3. The authority shall conspicuously post on its  website  information
    22  on such amnesty program.
    23    §  2.  The  public  authorities law is amended by adding a new section
    24  538-a to read as follows:
    25    § 538-a. Cashless tolling  amnesty  program.  1.  Notwithstanding  any
    26  other  provisions  of  this  title or any other law, the authority shall
    27  provide an amnesty program for any person, firm, corporation,  or  other
    28  entity  charged  with  the payment of a cashless toll fee for the use of
    29  any highway, bridge or tunnel operated by the  authority  prior  to  the
    30  effective date of this section.
    31    2.  Such amnesty program shall allow any person, firm, corporation, or
    32  other entity charged with the payment of a cashless toll fee for the use
    33  of any highway, bridge or tunnel operated by the authority to  pay  such
    34  tolls  in full and to have any toll violation fees and penalties related
    35  to such paid tolls waived; provided such  payment  is  made  within  one
    36  hundred eighty days from the effective date of this section.
    37    3.  The  authority shall conspicuously post on its website information
    38  on such amnesty program.
    39    § 3. The public authorities law is amended by  adding  a  new  section
    40  553-l to read as follows:
    41    §  553-l.  Cashless  tolling  amnesty  program. 1. Notwithstanding any
    42  other provisions of this title or any other  law,  the  authority  shall
    43  provide  an  amnesty program for any person, firm, corporation, or other
    44  entity charged with the payment of a cashless toll fee for  the  use  of
    45  any  highway,  bridge  or  tunnel operated by the authority prior to the
    46  effective date of this section.
    47    2. Such amnesty program shall allow any person, firm, corporation,  or
    48  other entity charged with the payment of a cashless toll fee for the use
    49  of  any  highway, bridge or tunnel operated by the authority to pay such
    50  tolls in full and to have any toll violation fees and penalties  related
    51  to  such  paid  tolls  waived;  provided such payment is made within one
    52  hundred eighty days from the effective date of this section.
    53    3. The authority shall conspicuously post on its  website  information
    54  on such amnesty program.

        S. 9493                             7
 
     1    §  4.  Chapter 47 of the laws of 1931 relating to declaring the policy
     2  of the states of New York and New Jersey in regard to certain  vehicular
     3  bridges  and tunnels within the port of New York district, is amended by
     4  adding a new section 4B to read as follows:
     5    §  4B. Cashless tolling amnesty program. 1.  Notwithstanding any other
     6  provisions of this act or  any  other  law,  the  port  authority  shall
     7  provide  an  amnesty program for any person, firm, corporation, or other
     8  entity charged with the payment of a cashless toll fee for  the  use  of
     9  any  highway,  bridge  or tunnel operated by such authority prior to the
    10  effective date of this section.
    11    2. Such amnesty program shall allow any person, firm, corporation,  or
    12  other entity charged with the payment of a cashless toll fee for the use
    13  of  any  highway, bridge or tunnel operated by the port authority to pay
    14  such tolls in full and to have any toll  violation  fees  and  penalties
    15  related  to such paid tolls waived; provided such payment is made within
    16  one hundred eighty days from the effective date of this section.
    17    3. The port authority shall conspicuously post on its website informa-
    18  tion on such amnesty program.
    19    § 5. The public authorities law is amended by  adding  a  new  section
    20  1279-m to read as follows:
    21    §  1279-m.  Cashless  tolling  amnesty program. 1. Notwithstanding any
    22  other provisions of this title or any other  law,  the  authority  shall
    23  provide  an  amnesty program for any person, firm, corporation, or other
    24  entity charged with the payment of a cashless toll fee for  the  use  of
    25  any  highway,  bridge  or  tunnel operated by the authority prior to the
    26  effective date of this section.
    27    2. Such amnesty program shall allow any person, firm, corporation,  or
    28  other entity charged with the payment of a cashless toll fee for the use
    29  of  any  highway, bridge or tunnel operated by the authority to pay such
    30  tolls in full and to have any toll violation fees and penalties  related
    31  to  such  paid  tolls  waived;  provided such payment is made within one
    32  hundred eighty days from the effective date of this section.
    33    3. The authority shall conspicuously post on its  website  information
    34  on such amnesty program.
    35    §  6.  This  act  shall  take  effect  immediately; provided, however,
    36  section four of this act shall take effect upon the enactment  into  law
    37  by  the  state  of  New Jersey of legislation having an identical effect
    38  with this act, but if the state of New Jersey shall have already enacted
    39  such legislation, this act shall take effect immediately; provided  that
    40  the  state  of  New  Jersey  shall  notify the legislative bill drafting
    41  commission upon the occurrence  of  the  enactment  of  the  legislation
    42  provided for in section one of this act in order that the commission may
    43  maintain an accurate and timely effective data base of the official text
    44  of  the laws of the state of New York in furtherance of effectuating the
    45  provisions of section 44 of the legislative law and section 70-b of  the
    46  public  officers  law.  Any  rights or remedies granted to an individual
    47  pursuant to this act prior to the expiration  and  repeal  of  this  act
    48  shall not be affected by such expiration.
    49    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    50  sion,  section  or  part  of  this act shall be adjudged by any court of
    51  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    52  impair,  or  invalidate  the remainder thereof, but shall be confined in
    53  its operation to the clause, sentence, paragraph,  subdivision,  section
    54  or part thereof directly involved in the controversy in which such judg-
    55  ment shall have been rendered. It is hereby declared to be the intent of

        S. 9493                             8
 
     1  the  legislature  that  this  act  would  have been enacted even if such
     2  invalid provisions had not been included herein.
     3    §  5.  This act shall take effect immediately; provided, however, that
     4  the applicable effective date of Parts A through D of this act shall  be
     5  as specifically set forth in the last section of such Parts.
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