The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9904
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend  the  public authorities law, in relation to enabling
   public authorities to transmit  electronic  notifications  to  E-ZPass
   customers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2855 of the public authorities  law,  as  added  by
 section  1  of  part KK of chapter 59 of the laws of 2006, is amended to
 read as follows:
   § 2855. Electronic method of payment[; periodic charges]. 1.  Notwith-
 standing  the  provisions  of  any law to the contrary, if any authority
 shall offer any electronic method of payment  for  tolls,  fares,  fees,
 rentals,  or other charges, including but not limited to a system called
 E-ZPass, such authority shall not impose any periodic administrative  or
 other  charge  for  the  privilege  of  using  such electronic method of
 payment for such charges. Nothing in this section shall be construed  to
 prohibit  any  authority  from  making  any  charge  for  extra services
 requested by a holder of such electronic method of payment,  any  charge
 for  lost  or  damaged  equipment,  or for defaults, such as charges for
 dishonored checks. The authority shall  not  enter  any  agreement  with
 bondholders that would require the imposition of administrative or other
 periodic charges relating to electronic methods of payment prohibited by
 this section.
   2.  NOTWITHSTANDING  THE PROVISIONS OF ANY LAW TO THE CONTRARY, IF ANY
 AUTHORITY SHALL OFFER SUCH  ELECTRONIC  METHOD  OF  PAYMENT  FOR  TOLLS,
 FARES,  FEES,  RENTALS, OR OTHER CHARGES, INCLUDING BUT NOT LIMITED TO A
 SYSTEM CALLED E-ZPASS, SUCH AUTHORITY SHALL TRANSMIT ELECTRONIC  NOTIFI-
 CATION  PURSUANT  TO  THE  PROVISIONS OF THIS SECTION TO A CUSTOMER THAT
 PASSES THROUGH A TOLL PLAZA OPERATED BY THE AUTHORITY, PROVIDED THAT THE
 CUSTOMER HAS AN ACCOUNT FOR THE ELECTRONIC TOLL COLLECTION  SYSTEM  THAT
 IS  REGISTERED  WITH  THE  NEW  YORK  E-ZPASS CUSTOMER SERVICE CENTER OR
 SUCCESSOR ENTITY AND VOLUNTARILY OPTS IN  FOR  SUCH  NOTIFICATION.  SUCH
 NOTIFICATION   SHALL   ALERT  THE  CUSTOMER  THAT  THE  ELECTRONIC  TOLL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13480-01-1
 A. 9904                             2
 
 COLLECTION SYSTEM HAS REGISTERED  THE  CUSTOMER'S  ACCOUNT  AND  MAY  BE
 PROVIDED  BY  ELECTRONIC MAIL, A TEXT MESSAGE SENT DIRECTLY TO A CUSTOM-
 ER'S MOBILE DEVICE, OR THROUGH A MOBILE APPLICATION. NOTIFICATION  SHALL
 BE  MADE  WITHIN  TWENTY-FOUR  HOURS  OF  THE TRANSACTION POSTING TO THE
 CUSTOMER'S ACCOUNT, OR AS SOON AS PRACTICABLE IF  NO  VALID  ACCOUNT  IS
 RECOGNIZED  AT  THE  TIME  OF THE TRANSACTION. A CUSTOMER MAY OPT OUT OF
 RECEIVING THE NOTIFICATION THAT IS PROVIDED PURSUANT TO  THE  PROVISIONS
 OF THIS SECTION AT ANY TIME AND MAY BE REQUIRED TO CONFIRM PARTICIPATION
 IN THE NOTIFICATION PROGRAM.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.