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S09511 Summary:

BILL NOS09511
 
SAME ASNo Same As
 
SPONSORCOMRIE
 
COSPNSR
 
MLTSPNSR
 
Amd §§2855, 2985 & 2985-a, Pub Auth L
 
Provides that any person, firm, corporation, or other entity charged with a toll violation fee may pay such tolls in full and to have any toll violation fees related to such paid tolls waived for a period of six months; limits toll violations and fees; authorizes owners, elected officials or attorneys on behalf of such owners may dispute any tolls or violation fees incurred in connection with such toll bills.
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S09511 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9511
 
                    IN SENATE
 
                                     March 18, 2026
                                       ___________
 
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and Commissions
 
        AN  ACT  to  amend  the  public authorities law, in relation to limiting
          certain fees and fines for tolls charged by a public authority
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  2855  of the public authorities law, as added by
     2  section 1 of part KK of chapter 59 of the laws of 2006,  is  amended  to
     3  read as follows:
     4    §  2855. Electronic method of payment; periodic charges. Notwithstand-
     5  ing the provisions of any law to the contrary, if  any  authority  shall
     6  offer  any electronic method of payment for tolls, fares, fees, rentals,
     7  or other charges, including but not limited to a system called  E-ZPass,
     8  such  authority  shall  not  impose any periodic administrative or other
     9  charge for the privilege of using such electronic method of payment  for
    10  such charges. Nothing in this section shall be construed to prohibit any
    11  authority from making any charge for extra services requested by a hold-
    12  er  of such electronic method of payment, any charge for lost or damaged
    13  equipment, or for defaults, such as charges for dishonored  checks.  The
    14  authority  shall  not  enter  any  agreement with bondholders that would
    15  require the imposition  of  administrative  or  other  periodic  charges
    16  relating to electronic methods of payment prohibited by this section. No
    17  fee  or  administrative  charge for the timely or late payment of a toll
    18  bill for an obligation to pay a toll or  tolls  valued  at  two  hundred
    19  dollars  or  less shall exceed the authority's actual cost to impose the
    20  charge and process payment of such obligation.  Provided,  further,  any
    21  authority  offering  such electronic payment methods shall publish their
    22  updated fee waiver policy in a prominent location on their website.
    23    § 2. Subdivision 5 of section 2985 of the public authorities  law,  as
    24  added by chapter 379 of the laws of 1992, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14791-03-6

        S. 9511                             2
 
     1    5.  An  owner  found  liable  for a violation of toll collection regu-
     2  lations pursuant to this section involving an obligation to pay  a  toll
     3  or  tolls  valued  at  two hundred dollars or less shall be liable for a
     4  monetary penalty not to exceed twenty-five dollars for a first violation
     5  thereof;  for  a second violation thereof both within eighteen months be
     6  liable for a monetary penalty not to exceed the greater of fifty dollars
     7  or two times the toll evaded; for a third or subsequent violation there-
     8  of all within eighteen months be liable for a monetary  penalty  not  to
     9  exceed  the  greater  of  seventy-five  dollars  or  five times the toll
    10  evaded. An owner found liable  for  [a]  any  other  violation  of  toll
    11  collection  regulations  pursuant  to  this  section  shall  for a first
    12  violation thereof be liable for a monetary penalty not to  exceed  fifty
    13  dollars  or two times the toll evaded whichever is greater; for a second
    14  violation thereof both within eighteen months be liable for  a  monetary
    15  penalty  not to exceed one hundred dollars or five times the toll evaded
    16  whichever is greater; for a third or subsequent  violation  thereof  all
    17  within  eighteen  months  be liable for a monetary penalty not to exceed
    18  one hundred fifty dollars or ten times  the  toll  evaded  whichever  is
    19  greater.
    20    §  3.  Subdivision 8 of section 2985 of the public authorities law, as
    21  amended by section 6 of subpart A of part WW of chapter 56 of  the  laws
    22  of 2024, is amended to read as follows:
    23    8.  (a)  (i) Adjudication of the liability imposed upon owners by this
    24  section shall be by the entity having jurisdiction  over  violations  of
    25  the  rules and regulations of the public authority serving the notice of
    26  liability or where authorized by  an  administrative  tribunal  and  all
    27  violations  shall  be  heard  and  determined in the county in which the
    28  violation is alleged to have occurred, or in New York city and upon  the
    29  consent of both parties, in any county within New York city in which the
    30  public  authority  operates  or  maintains  a  facility, and in the same
    31  manner as charges of other regulatory violations of such public authori-
    32  ty or pursuant to the  rules  and  regulations  of  such  administrative
    33  tribunal as the case may be.
    34    (ii)  The owner of the vehicle or other individual upon whom liability
    35  is imposed may designate an agent in writing, including an  attorney  or
    36  elected official, to dispute or resolve a toll incurred pursuant to this
    37  section  or  section  twenty-nine  hundred eighty-five-a of this article
    38  with the relevant tolling authority's  customer  service  center  and/or
    39  toll  payer  advocate  office  identified in section twenty-nine hundred
    40  eighty-five-a of this article.
    41    (b) Upon exhaustion of remedies pursuant to this  section  or  section
    42  twenty-nine  hundred eighty-five-a of this title, as applicable, the New
    43  York state bridge authority, thruway authority,  triborough  bridge  and
    44  tunnel   authority,  metropolitan  transportation  authority,  and  port
    45  authority of New York and New  Jersey,  a  bi-state  agency  created  by
    46  compact set forth in chapter one hundred fifty-four of the laws of nine-
    47  teen  hundred  twenty-one,  shall  have the power to enter judgments for
    48  unpaid liabilities, provided that such unpaid  liabilities  include  the
    49  failure to pay tolls, fees, or other charges or the failure to have such
    50  tolls,  fees  or  other  charges dismissed or transferred in response to
    51  three or more notices of violation issued  within  a  five  year  period
    52  charging  the  registrant  of  a  motor vehicle with a violation of toll
    53  collection regulations, and to enforce  such  judgments,  without  court
    54  proceedings, in the same manner as the enforcement of money judgments in
    55  civil  actions in any court of competent jurisdiction or any other place
    56  provided for the entry of civil judgment within the state of  New  York,

        S. 9511                             3
 
     1  after  a period of notice pursuant to paragraph (c) of this subdivision.
     2  The applicable tolling authority shall not enforce such judgments  until
     3  thirty days have elapsed from issuing a notice pursuant to paragraph (c)
     4  of this subdivision. The applicable tolling authority shall not have the
     5  power  to  enter or enforce judgments for unpaid liabilities for failure
     6  to pay two hundred dollars or less in tolls incurred within a  five-year
     7  period.
     8    (c)  Prior  to  entering  judgments for unpaid liabilities pursuant to
     9  paragraph (b) of this  subdivision,  the  applicable  tolling  authority
    10  shall  notify  the person subject to such judgment, by first class mail,
    11  that such person is at risk of entry of a judgment against them if  they
    12  fail to pay such unpaid liabilities. The form and content of such notice
    13  shall  be  prescribed  by  the  applicable  tolling authority, and shall
    14  contain a warning to advise the person that failure to pay the  applica-
    15  ble  unpaid  liabilities within a period of not less than thirty days of
    16  such notice will result in the enforcement of a judgment  against  them,
    17  and  shall further contain information about the process to dispute such
    18  liabilities, consistent with this section or section twenty-nine hundred
    19  eighty-five-a of this title, as applicable.   Any person,  firm,  corpo-
    20  ration, or other entity charged with a toll violation may pay such tolls
    21  in  full  and  have  any  toll violation fees related to such paid tolls
    22  waived for a period of six months from the effective date of this  para-
    23  graph.
    24    (d) With respect to an obligation to pay a toll or tolls valued at one
    25  hundred  dollars  or less, any toll violation fee charged to any person,
    26  firm, corporation, or other entity for the use of a toll highway, bridge
    27  or tunnel facility operated by a public authority shall not exceed twice
    28  the amount of the toll charged for using such highway, bridge or  tunnel
    29  for  a  period  of ninety days from the effective date of this paragraph
    30  and shall not exceed three times the amount  of  the  toll  charged  for
    31  using such highway, bridge or tunnel for an additional ninety-day period
    32  following the initial ninety-day period.
    33    §  4.  Subdivisions  3,  4,  11 and 13 of section 2985-a of the public
    34  authorities law, as added by section 2 of subpart B of part WW of  chap-
    35  ter 56 of the laws of 2024, are amended to read as follows:
    36    3.  In the case of an owner who incurs an obligation to pay a toll for
    37  the first time in six months under the tolls by mail program at a  cash-
    38  less  tolling  facility,  a  toll bill shall be sent within ten business
    39  days after the end of the initial billing cycle and of  each  subsequent
    40  billing  cycle.  In the case of all other owners incurring an obligation
    41  to pay a toll at a cashless tolling facility, a toll bill shall be  sent
    42  at  the  end  of the next billing cycle. Toll bills shall be sent to the
    43  owner by first class mail, and may additionally be  sent  by  electronic
    44  means  of communication upon the affirmative consent of the owner, by or
    45  on behalf of the public authority which operates such  cashless  tolling
    46  facility.  The  owner  shall  have thirty days from the date of the toll
    47  bill to pay the incurred toll. The toll  bill  shall  include:  (i)  the
    48  total  amount  of the incurred tolls due, (ii) the date by which payment
    49  of the incurred tolls is due, (iii) any administrative  fees,  (iv)  the
    50  address  for receipt of payment and methods of payment for the toll, (v)
    51  the procedure for contesting any toll and the  contact  information  for
    52  the  relevant toll payer advocate office and customer service center and
    53  procedure for designating an agent to contest any toll  on  the  owner's
    54  behalf, (vi) information related to the failure to timely pay or respond
    55  to  the notice of liability, in addition to the possibility that a judg-
    56  ment can be entered for repeat unpaid liabilities that could lead  to  a

        S. 9511                             4
 
     1  vehicle being towed or immobilized, (vii) a website address or hyperlink
     2  for the owner to access time-stamped photographs or footage of each toll
     3  incurred  by  electronic means, (viii) information related to the avail-
     4  ability  of the toll payer advocate to discuss payment options, and (ix)
     5  other information required by law or by the public authority. Each  toll
     6  bill  shall identify the date, time, location, license plate number, and
     7  jurisdiction of the license plate for each toll that has been  incurred.
     8  Each  toll bill shall include an image of the license plate of the vehi-
     9  cle being used or operated on the toll facility. If the owner  fails  to
    10  pay  the initial toll bill, a second toll bill shall be sent in the next
    11  billing cycle, which shall also indicate the overdue toll or  tolls  and
    12  any administrative or late fees due.
    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 toll
    16  bill,  a  notice of violation shall be sent notifying the owner that the
    17  toll is unpaid and administrative violation fees are being imposed.  The
    18  notice  of violation shall be sent to the owner by first class mail, and
    19  may additionally be sent by electronic means of communication  upon  the
    20  affirmative consent of the owner, by or on behalf of the public authori-
    21  ty  which  operates  such  cashless  tolling  facility.  The  notice  of
    22  violation shall include: (i) the total amount of unpaid tolls and admin-
    23  istrative violation fees due, (ii) the date  by  which  payment  of  the
    24  tolls  and  administrative  violation fees is due, (iii) the address for
    25  receipt of payment and methods of payment for the toll, (iv) the  proce-
    26  dure  for  contesting any toll and the contact information for the rele-
    27  vant toll payer advocate office and customer service center  and  proce-
    28  dure for designating an agent to contest any toll on the owner's behalf,
    29  (v)  information  related to the failure to timely pay or respond to the
    30  notice of liability, in addition to the possibility that a judgment  can
    31  be  entered  for  repeat unpaid liabilities that could lead to a vehicle
    32  being towed or immobilized, (vi) a website address or hyperlink for  the
    33  owner  to  access  time-stamped  photographs  or  footage  of  each toll
    34  incurred by electronic means, (vii) information related  to  the  avail-
    35  ability  of  the  toll  payer  advocate  to discuss payment options, and
    36  (viii) other information required by law or  by  the  public  authority.
    37  Each  notice  of  violation  shall  identify  the  date, time, location,
    38  license plate number, and jurisdiction of the  license  plate  for  each
    39  unpaid toll that has been incurred.
    40    11.  Any  public  authority  that operates a cashless tolling facility
    41  shall: (i) maintain a website and toll-free phone number for any  person
    42  to  receive updated information on any tolls or fees which are outstand-
    43  ing; and (ii) establish procedures for owners to dispute any  tolls  and
    44  violation  fees  incurred  in  connection  with  toll bills, including a
    45  requirement that written determinations in such disputes shall be issued
    46  within forty-five days of receipt of the owner's declaration of dispute.
    47  Such information shall be prominently displayed on such public  authori-
    48  ty's  toll bills, notices of violation and website.  The authority shall
    49  publish its fee waiver policy in a prominent location  on  its  website,
    50  including any updates to such policy.
    51    13.  Every  public authority that operates a cashless tolling facility
    52  shall establish an office  of  such  authority's  toll  payer  advocate,
    53  designed  to  further  assist  owners who remain unsatisfied after first
    54  attempting resolution in writing of their concern  with,  and  receiving
    55  written  determination  from,  such authority's customer service center.
    56  The office of the toll payer advocate shall also  endeavor  to  identify

        S. 9511                             5

     1  any  systemic issues and recommend reasonable improvements regarding the
     2  use of and process involved with the payment of tolls under the tolls by
     3  mail program at cashless tolling facilities  to  the  public  authority.
     4  The  owner  of  the  vehicle  or other individual upon whom liability is
     5  imposed may designate an agent, in writing,  including  an  attorney  or
     6  elected official, to dispute or resolve a toll incurred pursuant to this
     7  section  or section twenty-nine hundred eighty-five of this article with
     8  the relevant tolling authority's customer service center and toll  payer
     9  advocate office.
    10    §  5.  No  later  than  270 days after the effective date of this act,
    11  every public  authority that operates a cashless tolling facility pursu-
    12  ant to article 9 of the  public  authorities  law  or  central  business
    13  district  tolling  program  pursuant  to article 44-C of the vehicle and
    14  traffic law shall report to the governor,  temporary  president  of  the
    15  senate,  speaker  of  the  assembly,  and chairs of the corporations and
    16  public authorities committees in the senate and assembly on the  follow-
    17  ing:  (1) the total number of toll bills issued involving license plates
    18  which were disputed by the owner as not having used such  tolling  asset
    19  or  been  present  at  the time the toll was incurred or having lawfully
    20  surrendered the license plates to which the toll bill  was  issued;  (2)
    21  the  total  number of toll bills issued to owners where a tolling system
    22  incorrectly billed an owner for tolls incurred by a distinctive  license
    23  plate  or  government  use motor vehicle; (3) a summary of how such toll
    24  bill disputes were resolved;  (4)  an  explanation  of  steps  taken  to
    25  prevent  similar  future  issues;  and (5) any remedial steps or compen-
    26  sation provided to owners.
    27    § 6. This act shall take effect immediately.   Effective  immediately,
    28  the  addition,  amendment and/or repeal of any rule or regulation neces-
    29  sary for the implementation of  this  act  on  its  effective  date  are
    30  authorized  to  be made on or before such date. With respect to the Port
    31  Authority of New York and New Jersey, this act shall  take  effect  upon
    32  the  enactment into law by the state of New Jersey of legislation having
    33  an identical effect with this act upon the Port Authority  of  New  York
    34  and  New  Jersey;  but  if  the  state  of New Jersey shall have already
    35  enacted such  legislation,  this  act  shall  take  effect  immediately;
    36  provided, that the chair of the port authority shall notify the legisla-
    37  tive  bill  drafting  commission upon the occurrence of the enactment of
    38  the legislation provided for in section two of this act  in  order  that
    39  the  commission  may maintain an accurate and timely effective data base
    40  of the official text of the laws of the state of New York in furtherance
    41  of effectuating the provisions of section 44 of the legislative law  and
    42  section  70-b  of  the  public  officers  law.   Provided, however, that
    43  section four of this act shall take effect on the same date and  in  the
    44  same manner as subpart B of part WW of chapter 56 of the laws of 2024.
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