Senate Bill S9503

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9503
 
                             I N  S E N A T E
 
                              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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "End the Toll Trap: Real Relief for Drivers Act".
   § 2. Legislative intent. The legislature hereby finds cashless tolling
 is essential for transportation operations, but  the  fees  assessed  by
 public authorities for toll violations disproportionately burdens motor-
 ists  who  incur  violations  without  knowing  or through circumstances
 beyond their control; including but not limited to  E-ZPass  malfunction
 and  billing  errors. The legislature further finds administrative costs
 incurred by public authorities  for  the  collection  of  toll  payments
 should  be  shifted  solely  to repeat toll evaders. It is therefore the
 purpose of this act to require such fees to be based on  the  collecting
 authority's  actual  cost  of  both  processing and collecting fees from
 repeat offenders, provide increased transparency, and to coordinate with
 the state of New Jersey to  identify  efficiencies  to  reduce  fees  at
 bi-state crossings.
   §  3. Subdivision 12 of section 2985 of the public authorities law, as
 added by chapter 379 of the laws of 1992, is amended to read as follows:
   12. (A) "Electronic toll collection system" shall  mean  a  system  of
 collecting  tolls  or  charges  which  is capable of charging an account
 holder the appropriate toll or charge  by  transmission  of  information
 from  an  electronic  device  on a motor vehicle to the toll lane, which
 information is used to  charge  the  account  the  appropriate  toll  or
 charge.  In  adopting  procedures  for  the preparation and mailing of a
 notice of liability, the public authority having jurisdiction  over  the
 toll  facility  shall  adopt  guidelines  to  ensure adequate and timely
 notice to all electronic  toll  collection  system  account  holders  to
 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
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 account holder under the electronic toll collection system shall not  be
 found  liable  for a violation of this section unless such authority has
 first sent a notice of  delinquency  to  such  account  holder  and  the
 account holder was in fact delinquent at the time of the violation.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION, NO
 FEE,  CHARGE,  OR ASSESSMENT IMPOSED BY A PUBLIC AUTHORITY IN CONNECTION
 WITH A NOTICE OF VIOLATION ISSUED PURSUANT TO THIS ARTICLE,  OTHER  THAN
 THE  UNDERLYING TOLL DUE, SHALL BE ASSESSED UNLESS THE OWNER HAS COMMIT-
 TED THREE OR MORE TOLL VIOLATIONS WITHIN A NINETY DAY PERIOD.
   § 4. Subdivision 5 of section 2985-a of the public authorities law, as
 added by section 2 of subpart B of part WW of chapter 56 of the laws  of
 2024, is amended to read as follows:
   5.  (A)  Any fee or administrative violation fee that is assessed on a
 notice of violation pursuant to subdivision four of this  section  shall
 be  dismissed if the notice of violation was not sent within ninety days
 of the second toll bill, provided that any toll or tolls incurred remain
 due and payable and provided further that such dismissal shall not apply
 in the event that exceptional circumstances, including but  not  limited
 to technological failures, have delayed the timely mailing of the notice
 of  violation and the public authority has posted notice of such circum-
 stances prominently on its website within a reasonable time of  becoming
 aware  of  such  circumstances,  which  shall be adequate record of such
 circumstances.
    (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE  OR  REGULATION,
 NO  FEE,  CHARGE,  OR  ASSESSMENT  IMPOSED  BY  A  PUBLIC  AUTHORITY  IN
 CONNECTION WITH A NOTICE OF VIOLATION ISSUED PURSUANT TO  THIS  ARTICLE,
 OTHER  THAN  THE UNDERLYING TOLL DUE, SHALL BE ASSESSED UNLESS THE OWNER
 HAS COMMITTED THREE OR MORE TOLL VIOLATIONS WITHIN A NINETY-DAY  PERIOD.
 ANY  FEE,  CHARGE  OR  ASSESSMENT  AUTHORIZED BY THIS PARAGRAPH SHALL BE
 ESTABLISHED BY THE PUBLIC AUTHORITY, AND SHALL BE BASED UPON THE  ACTUAL
 COST  OF  PROCESSING  AND  COLLECTING  ALL  TOLL VIOLATIONS IN THE PRIOR
 CALENDAR YEAR DIVIDED BY THE NUMBER OF MOTORISTS WHO COMMITTED THREE  OR
 MORE  TOLL  VIOLATIONS  WITHIN A NINETY DAY PERIOD IN THE PRIOR CALENDAR
 YEAR.
   § 5. Section 2800 of the public authorities law is amended by adding a
 new subdivision 2-a to read as follows:
   2-A. AUTHORITIES WHICH COLLECT TOLLS. (A) EVERY PUBLIC AUTHORITY WHICH
 COLLECT TOLLS FROM MOTORISTS SHALL SUBMIT AN ANNUAL REPORT TO THE LEGIS-
 LATURE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) THE NUMBER OF VIOLATIONS OF THE TOLL COLLECTION MONITORING  SYSTEM
 REGULATIONS THAT OCCURRED IN THE PAST YEAR;
   (II) THE FREQUENCY OF TOLL VIOLATIONS PER INDIVIDUAL;
   (III)  TOTAL  REVENUE COLLECTED IN THE PAST YEAR FROM REPEAT VIOLATORS
 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWELVE OF  SECTION  TWENTY-NINE
 HUNDRED EIGHTY-FIVE OF THIS ARTICLE;
   (IV)  A  YEAR-TO-YEAR  COMPARISON OF THE NUMBER OF TOLL VIOLATIONS AND
 FREQUENCY OF TOLL VIOLATIONS PER INDIVIDUAL FOR THE PAST FIVE YEARS; AND
   (V) AN EXPLANATION OF THE ADMINISTRATIVE COSTS OF  PROCESSING  A  TOLL
 AND A TOLL VIOLATION.
   (B) THE FIRST REPORT SHALL BE DUE ONE YEAR AFTER THE EFFECTIVE DATE OF
 THIS SUBDIVISION.
   § 6. New York and New Jersey toll and fees reduction task force.
   1.  There is established a task force to be known as 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
 S. 9503                             3
 
 to provide recommendations to increase efficacy  and  reduce  tolls  and
 administrative fees.
   2.  (a)  The  task force shall be comprised of 12 members, six of whom
 shall be appointed by the state of New York and six  of  whom  shall  be
 appointed  by  the  state of New Jersey. Of the members appointed by the
 state of New York:
   (i) Two shall be appointed by the governor;
   (ii) One shall be appointed by the temporary president of the senate;
   (iii) One shall be appointed by the senate minority leader;
   (iv) One shall be appointed by the speaker of the assembly; and
   (v) One shall be appointed by the assembly minority leader.
   (b) Individuals appointed to the task force shall possess expertise in
 one or more of the following fields: transportation,  tolling  operation
 and enforcement, traffic engineering, procurement processes, information
 technology systems, public finance, and data analysis.
   (c) The task force shall be co-chaired by one member appointed by each
 state, elected by the members appointed by each respective state.
   (d)  The  task  force  shall  meet  no  more than six months after the
 appointment of all members pursuant to paragraph (a)  of  this  subdivi-
 sion,  at  which  meeting the co-chairs shall be elected, and shall meet
 once each month thereafter. Three members appointed by each state  shall
 be  sufficient to establish a quorum. A simple majority of those members
 voting on a question shall be sufficient for the conducting of business,
 except that the final  report  required  by  subdivision  five  of  this
 section  shall  be  approved for release by no fewer than seven votes in
 the affirmative.
   (e) Members of the task force shall receive no compensation for  their
 services  but  shall be reimbursed for their actual expenses incurred in
 the performance of their duties in the work of the  task  force  by  the
 state of their appointment.
   3. The task force shall:
   (a)  identify  inefficiencies  in  the tolling process and methods for
 reduction in costs;
   (b) consider and provide recommendations for an amnesty program to  be
 implemented in New York or New Jersey;
   (c) identify the impact of congestion pricing on motorists; and
   (d)  research  and  recommend  methods for shifting the cost burden of
 toll violations away from occasional or inadvertent violators  and  onto
 intentional, repeat violators.
   4.  (a)  The  task force may establish advisory committees as it deems
 appropriate on matters relating to the task force's  functions,  powers,
 and duties. Such committees shall be chaired by a task force member, but
 may  be  composed  of  task  force  members as well as other individuals
 selected by the task force to provide expertise of interest specific  to
 the charge of such committees.
   (b)  The  task  force  may  request that studies, surveys, or analyses
 relating to the task force's powers and duties be performed by any state
 department, commission, agency, or public authority, or by  any  depart-
 ment,  commission,  agency,  or public authority within the state of New
 Jersey, to the extent permitted by  New  Jersey  state  law.  All  state
 departments,  commissions, agencies, or public authorities shall provide
 information and advice in a timely manner and otherwise assist the  task
 force  with its work; provided, however, any information obtained pursu-
 ant to this paragraph shall be kept confidential and shall only be  used
 by  members of the task force in the course of their tasks and duties as
 a task force member.
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   5. The task force shall, no later than two years after the date of its
 first meeting, provide a final report to the governor, the  legislature,
 and  the  governor  and  legislature  of the state of New Jersey, of its
 findings, conclusions, and recommendations, including but not limited to
 any  legislative  proposals deemed necessary by the task force to imple-
 ment the recommendations.
   § 7. This  act  shall  take  effect  immediately;  provided,  however,
 sections  four  and six of this act shall take effect upon the enactment
 into law by the state of New Jersey of legislation having  an  identical
 effect  with this act, but if the state of New Jersey shall have already
 enacted such  legislation,  this  act  shall  take  effect  immediately;
 provided  that the state of New Jersey shall notify the legislative bill
 drafting commission upon the occurrence of the enactment of  the  legis-
 lation provided for in section one of this act in order that the commis-
 sion  may  maintain  an  accurate  and timely effective data base of the
 official text of the laws of the state of New  York  in  furtherance  of
 effectuating  the  provisions  of  section 44 of the legislative law and
 section 70-b of the public officers law. Any rights or remedies  granted
 to an individual pursuant to this act prior to the expiration and repeal
 of this act shall not be affected by such expiration.