S 9511 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S09511 Summary: BILL NO S09511 &nbsp SAME AS No Same As &nbsp SPONSOR COMRIE &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §§2855, 2985 & 2985-a, Pub Auth L &nbsp 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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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

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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,

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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

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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

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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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