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A 10976

Relates to public notice and hearing prior to the imposition of new fees or surcharges by the New York state thruway authority

2025 Regular Session Introduced by Bill Magnarelli

Requires NY Thruway Authority to publicly notice, justify, and hold hearings before creating or raising any toll-related fees or surcharges.

REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
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Bill Summary · A 10976

Summary of Bill A. 10976 (2025-2026) — New York Throughway Authority Fee Transparency

Purpose and Intent

  • This bill adds a new public-notice-and-hearing requirement for the New York State Thruway Authority (NYSTA) before the imposition of any new fees or surcharges, including changes that would be treated as toll adjustments.
  • The goal is to increase transparency and public participation regarding any administrative or programmatic charges related to tolls, accounts, or toll-program participation.

Key Provisions and Changes

  1. New Section Created: Public Authorities Law § 354-a

    • Establishes a formal process for public notice, comment, and hearings specifically for fees and surcharges that are:
      • Administrative or service fees
      • Percentage-based or other charges connected to toll collection, toll programs, or toll-account administration
      • Fees imposed on third-party toll service providers or specific categories of toll customers
    • Clarifies that “toll” includes any such fees or charges, ensuring consistent treatment under the law.

  2. Trigger and Scope

    • The requirement applies to:
      • Establishment of new fees or surcharges
      • Increases to existing fees or surcharges
      • Creation of new account-holder classes or categories subject to a fee/surcharge
    • Applies to anything deemed a toll adjustment or otherwise charged in connection with toll use or administration.

  3. Public Notice and Participation Procedures (Section 3 of § 354-a)

    • Public posting of proposed fee/surcharge: includes amount, methodology, and effective date.
    • Written notice to affected account holders and stakeholders.
    • Public comment period: at least 30 days.
    • At least one public hearing (in person or virtual), with a maintained public record by the authority.

  4. Justification and Cost Rationale (Section 4)

    • Before adoption, the NYSTA must publish a written justification outlining:
      • The costs the fee/surcharge is intended to recover
      • The rationale for the amount imposed

  5. Effect and Enforcement (Section 5)

    • Fees or surcharges already in effect on or after the act’s effective date, adopted in violation of these requirements, would be void and unenforceable until the requirements are satisfied.

  6. Effective Date

    • Immediate effect upon enactment.
    • The act authorizes necessary rulemaking to implement the provisions on or before the effective date.

Who/What is Affected

  • Primary Entity: New York State Thruway Authority
  • Affected Groups: Toll-paying users and other stakeholders (e.g., account holders, third-party toll service providers, and categories of toll customers)
  • Any new or changed fees or surcharges related to tolls and toll program administration would fall under these requirements.

Procedural and Timeline Considerations

  • If enacted, the NYSTA must:
    • Post and publish proposed fees with details of methodology and timing.
    • Notify affected parties in writing.
    • Open a 30-day public comment period.
    • Hold at least one public hearing (live or virtual) with a public record maintained.
    • Publish a written cost/rationale justification prior to adoption.
  • Noncompliant existing fees would be void until they meet the new process.
  • Immediate effectiveness allows prompt rulemaking to enable implementation.

Overall Impact

  • Strengthens public oversight over any new or increased toll-related charges.
  • Ensures transparency in how fees are calculated and what they cover.
  • Enhances opportunity for public input before changes take effect.
  • Creates a mechanism to invalidate noncompliant fee policies until they conform to the new requirements.

Compiled from official sources — confirm details with the bill’s official record.

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