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S09503 Summary:

BILL NOS09503
 
SAME ASNo Same As
 
SPONSORMARTINEZ
 
COSPNSR
 
MLTSPNSR
 
Amd §§2985, 2985-a & 2800, Pub Auth L
 
Enacts the "End the Toll Trap: Real Relief for Drivers Act" to address excess administrative costs incurred by public authorities for the collection of toll payments and to ensure repeat toll evaders pay such costs; creates the New York and New Jersey toll and fees reduction task force to examine and evaluate the efficacy of current payment processing procedures and systems, and to provide recommendations to increase efficacy and reduce tolls and administrative fees.
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S09503 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9503
 
                    IN SENATE
 
                                     March 18, 2026
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- 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  toll
          violations;  and  in  relation  to  establishing  the New York and New
          Jersey toll and fees reduction task force
 
          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 "End the Toll Trap: Real Relief for Drivers Act".
     3    § 2. Legislative intent. The legislature hereby finds cashless tolling
     4  is essential for transportation operations, but  the  fees  assessed  by
     5  public authorities for toll violations disproportionately burdens motor-
     6  ists  who  incur  violations  without  knowing  or through circumstances
     7  beyond their control; including but not limited to  E-ZPass  malfunction
     8  and  billing  errors. The legislature further finds administrative costs
     9  incurred by public authorities  for  the  collection  of  toll  payments
    10  should  be  shifted  solely  to repeat toll evaders. It is therefore the
    11  purpose of this act to require such fees to be based on  the  collecting
    12  authority's  actual  cost  of  both  processing and collecting fees from
    13  repeat offenders, provide increased transparency, and to coordinate with
    14  the state of New Jersey to  identify  efficiencies  to  reduce  fees  at
    15  bi-state crossings.
    16    §  3. Subdivision 12 of section 2985 of the public authorities law, as
    17  added by chapter 379 of the laws of 1992, is amended to read as follows:
    18    12. (a) "Electronic toll collection system" shall  mean  a  system  of
    19  collecting  tolls  or  charges  which  is capable of charging an account
    20  holder the appropriate toll or charge  by  transmission  of  information
    21  from  an  electronic  device  on a motor vehicle to the toll lane, which
    22  information is used to  charge  the  account  the  appropriate  toll  or
    23  charge.  In  adopting  procedures  for  the preparation and mailing of a
    24  notice of liability, the public authority having jurisdiction  over  the
    25  toll  facility  shall  adopt  guidelines  to  ensure adequate and timely
    26  notice to all electronic  toll  collection  system  account  holders  to
    27  inform  them  when  their  accounts  are  delinquent. An owner who is an
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15255-01-6

        S. 9503                             2
 
     1  account holder under the electronic toll collection system shall not  be
     2  found  liable  for a violation of this section unless such authority has
     3  first sent a notice of  delinquency  to  such  account  holder  and  the
     4  account holder was in fact delinquent at the time of the violation.
     5    (b) Notwithstanding any other provision of law, rule or regulation, no
     6  fee,  charge,  or assessment imposed by a public authority in connection
     7  with a notice of violation issued pursuant to this article,  other  than
     8  the  underlying toll due, shall be assessed unless the owner has commit-
     9  ted three or more toll violations within a ninety day period.
    10    § 4. Subdivision 5 of section 2985-a of the public authorities law, as
    11  added by section 2 of subpart B of part WW of chapter 56 of the laws  of
    12  2024, is amended to read as follows:
    13    5.  (a)  Any fee or administrative violation fee that is assessed on a
    14  notice of violation pursuant to subdivision four of this  section  shall
    15  be  dismissed if the notice of violation was not sent within ninety days
    16  of the second toll bill, provided that any toll or tolls incurred remain
    17  due and payable and provided further that such dismissal shall not apply
    18  in the event that exceptional circumstances, including but  not  limited
    19  to technological failures, have delayed the timely mailing of the notice
    20  of  violation and the public authority has posted notice of such circum-
    21  stances prominently on its website within a reasonable time of  becoming
    22  aware  of  such  circumstances,  which  shall be adequate record of such
    23  circumstances.
    24     (b) Notwithstanding any other provision of law, rule  or  regulation,
    25  no  fee,  charge,  or  assessment  imposed  by  a  public  authority  in
    26  connection with a notice of violation issued pursuant to  this  article,
    27  other  than  the underlying toll due, shall be assessed unless the owner
    28  has committed three or more toll violations within a ninety-day  period.
    29  Any  fee,  charge  or  assessment  authorized by this paragraph shall be
    30  established by the public authority, and shall be based upon the  actual
    31  cost  of  processing  and  collecting  all  toll violations in the prior
    32  calendar year divided by the number of motorists who committed three  or
    33  more  toll  violations  within a ninety day period in the prior calendar
    34  year.
    35    § 5. Section 2800 of the public authorities law is amended by adding a
    36  new subdivision 2-a to read as follows:
    37    2-a. Authorities which collect tolls. (a) Every public authority which
    38  collect tolls from motorists shall submit an annual report to the legis-
    39  lature. Such report shall include, but not be limited to:
    40    (i) the number of violations of the toll collection monitoring  system
    41  regulations that occurred in the past year;
    42    (ii) the frequency of toll violations per individual;
    43    (iii)  total  revenue collected in the past year from repeat violators
    44  pursuant to paragraph (b) of subdivision twelve of  section  twenty-nine
    45  hundred eighty-five of this article;
    46    (iv)  a  year-to-year  comparison of the number of toll violations and
    47  frequency of toll violations per individual for the past five years; and
    48    (v) an explanation of the administrative costs of  processing  a  toll
    49  and a toll violation.
    50    (b) The first report shall be due one year after the effective date of
    51  this subdivision.
    52    § 6. New York and New Jersey toll and fees reduction task force.
    53    1.  There is established a task force to be known as the "New York and
    54  New Jersey Toll and Fees Reduction Task Force" to examine  and  evaluate
    55  the  efficacy  of current payment processing procedures and systems, and

        S. 9503                             3
 
     1  to provide recommendations to increase efficacy  and  reduce  tolls  and
     2  administrative fees.
     3    2.  (a)  The  task force shall be comprised of 12 members, six of whom
     4  shall be appointed by the state of New York and six  of  whom  shall  be
     5  appointed  by  the  state of New Jersey. Of the members appointed by the
     6  state of New York:
     7    (i) Two shall be appointed by the governor;
     8    (ii) One shall be appointed by the temporary president of the senate;
     9    (iii) One shall be appointed by the senate minority leader;
    10    (iv) One shall be appointed by the speaker of the assembly; and
    11    (v) One shall be appointed by the assembly minority leader.
    12    (b) Individuals appointed to the task force shall possess expertise in
    13  one or more of the following fields: transportation,  tolling  operation
    14  and enforcement, traffic engineering, procurement processes, information
    15  technology systems, public finance, and data analysis.
    16    (c) The task force shall be co-chaired by one member appointed by each
    17  state, elected by the members appointed by each respective state.
    18    (d)  The  task  force  shall  meet  no  more than six months after the
    19  appointment of all members pursuant to paragraph (a)  of  this  subdivi-
    20  sion,  at  which  meeting the co-chairs shall be elected, and shall meet
    21  once each month thereafter. Three members appointed by each state  shall
    22  be  sufficient to establish a quorum. A simple majority of those members
    23  voting on a question shall be sufficient for the conducting of business,
    24  except that the final  report  required  by  subdivision  five  of  this
    25  section  shall  be  approved for release by no fewer than seven votes in
    26  the affirmative.
    27    (e) Members of the task force shall receive no compensation for  their
    28  services  but  shall be reimbursed for their actual expenses incurred in
    29  the performance of their duties in the work of the  task  force  by  the
    30  state of their appointment.
    31    3. The task force shall:
    32    (a)  identify  inefficiencies  in  the tolling process and methods for
    33  reduction in costs;
    34    (b) consider and provide recommendations for an amnesty program to  be
    35  implemented in New York or New Jersey;
    36    (c) identify the impact of congestion pricing on motorists; and
    37    (d)  research  and  recommend  methods for shifting the cost burden of
    38  toll violations away from occasional or inadvertent violators  and  onto
    39  intentional, repeat violators.
    40    4.  (a)  The  task force may establish advisory committees as it deems
    41  appropriate on matters relating to the task force's  functions,  powers,
    42  and duties. Such committees shall be chaired by a task force member, but
    43  may  be  composed  of  task  force  members as well as other individuals
    44  selected by the task force to provide expertise of interest specific  to
    45  the charge of such committees.
    46    (b)  The  task  force  may  request that studies, surveys, or analyses
    47  relating to the task force's powers and duties be performed by any state
    48  department, commission, agency, or public authority, or by  any  depart-
    49  ment,  commission,  agency,  or public authority within the state of New
    50  Jersey, to the extent permitted by  New  Jersey  state  law.  All  state
    51  departments,  commissions, agencies, or public authorities shall provide
    52  information and advice in a timely manner and otherwise assist the  task
    53  force  with its work; provided, however, any information obtained pursu-
    54  ant to this paragraph shall be kept confidential and shall only be  used
    55  by  members of the task force in the course of their tasks and duties as
    56  a task force member.

        S. 9503                             4
 
     1    5. The task force shall, no later than two years after the date of its
     2  first meeting, provide a final report to the governor, the  legislature,
     3  and  the  governor  and  legislature  of the state of New Jersey, of its
     4  findings, conclusions, and recommendations, including but not limited to
     5  any  legislative  proposals deemed necessary by the task force to imple-
     6  ment the recommendations.
     7    § 7. This  act  shall  take  effect  immediately;  provided,  however,
     8  sections  four  and six of this act shall take effect upon the enactment
     9  into law by the state of New Jersey of legislation having  an  identical
    10  effect  with this act, but if the state of New Jersey shall have already
    11  enacted such  legislation,  this  act  shall  take  effect  immediately;
    12  provided  that the state of New Jersey shall notify the legislative bill
    13  drafting commission upon the occurrence of the enactment of  the  legis-
    14  lation provided for in section one of this act in order that the commis-
    15  sion  may  maintain  an  accurate  and timely effective data base of the
    16  official text of the laws of the state of New  York  in  furtherance  of
    17  effectuating  the  provisions  of  section 44 of the legislative law and
    18  section 70-b of the public officers law. Any rights or remedies  granted
    19  to an individual pursuant to this act prior to the expiration and repeal
    20  of this act shall not be affected by such expiration.
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