Assembly Bill A10976

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10976
 
                           I N  A S S E M B L Y
 
                              April 14, 2026
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public authorities law,  in  relation  to  requiring
   public  notice  and  hearing  prior  to  the imposition of new fees or
   surcharges by the New York state thruway authority
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 354-a to read as follows:
   § 354-A. PUBLIC NOTICE AND HEARING REQUIRED FOR FEES  AND  SURCHARGES.
 1.   AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "FEE" OR "SURCHARGE" MEANS ANY ADMINISTRATIVE  FEE,  SERVICE  FEE,
 PERCENTAGE-BASED  FEE, ASSESSMENT, OR OTHER CHARGE IMPOSED IN CONNECTION
 WITH THE COLLECTION OF TOLLS, PARTICIPATION IN A TOLL  PROGRAM,  OR  THE
 ADMINISTRATION  OF  TOLL  ACCOUNTS,  INCLUDING  BUT  NOT LIMITED TO FEES
 IMPOSED ON THIRD-PARTY TOLL SERVICE  PROVIDERS  OR  CATEGORIES  OF  TOLL
 CUSTOMERS;
   (B) FOR THE AVOIDANCE OF DOUBT, THE TERM "TOLL," AS USED IN THIS TITLE
 AND  ANY  OTHER  PROVISION  OF  LAW, SHALL BE DEEMED TO INCLUDE ANY FEE,
 SURCHARGE, ASSESSMENT, OR OTHER CHARGE IMPOSED IN  CONNECTION  WITH  THE
 USE  OF  THE  THRUWAY,  PARTICIPATION IN A TOLL PROGRAM, OR THE ADMINIS-
 TRATION OF TOLL ACCOUNTS; AND
   (C) "MATERIAL  CHANGE"  MEANS  THE  ESTABLISHMENT  OF  A  NEW  FEE  OR
 SURCHARGE,  AN INCREASE TO AN EXISTING FEE OR SURCHARGE, OR THE CREATION
 OF A NEW CLASS OR CATEGORY OF  ACCOUNT  HOLDERS  SUBJECT  TO  A  FEE  OR
 SURCHARGE.
   2.  THE  AUTHORITY SHALL NOT ADOPT OR IMPLEMENT ANY FEE, SURCHARGE, OR
 MATERIAL CHANGE CONSTITUTING, DEEMED, OR  TREATED  AS  A  TOLL  OR  TOLL
 ADJUSTMENT  UNDER  LAW  UNLESS  SUCH  FEE OR SURCHARGE IS ESTABLISHED IN
 ACCORDANCE WITH  THE  SAME  PUBLIC  NOTICE,  PUBLICATION,  HEARING,  AND
 APPROVAL PROCEDURES REQUIRED FOR A TOLL RATE ADJUSTMENT PURSUANT TO THIS
 TITLE OR ANY OTHER APPLICABLE PROVISION OF LAW.
   3. SUCH PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14963-01-6
 A. 10976                            2
 
   (A)  PUBLIC  POSTING  OF  THE PROPOSED FEE OR SURCHARGE, INCLUDING THE
 AMOUNT, METHODOLOGY, AND EFFECTIVE DATE;
   (B) WRITTEN NOTICE TO AFFECTED ACCOUNT HOLDERS AND STAKEHOLDERS;
   (C) A PUBLIC COMMENT PERIOD OF NOT LESS THAN THIRTY DAYS; AND
   (D)  AT  LEAST ONE PUBLIC HEARING, WHICH MAY BE CONDUCTED IN PERSON OR
 VIRTUALLY, WITH A PUBLIC RECORD MAINTAINED BY THE AUTHORITY.
   4. PRIOR TO ADOPTION OF ANY FEE  OR  SURCHARGE,  THE  AUTHORITY  SHALL
 PREPARE  AND  MAKE PUBLICLY AVAILABLE A WRITTEN JUSTIFICATION DESCRIBING
 THE COSTS THE FEE OR SURCHARGE IS INTENDED TO RECOVER AND THE  RATIONALE
 FOR THE AMOUNT IMPOSED.
   5.  ANY  FEE  OR SURCHARGE IN EFFECT ON OR AFTER THE EFFECTIVE DATE OF
 THIS SECTION AND ADOPTED IN VIOLATION OF THIS SECTION SHALL BE VOID  AND
 UNENFORCEABLE  UNTIL  THE  REQUIREMENTS OF THIS SECTION HAVE BEEN SATIS-
 FIED.
   § 2. This act shall take effect  immediately.  Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of this act are authorized to  be  made  and
 completed on or before such effective date.