2026 -- S 2728

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LC005122

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO HIGHWAYS -- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

     Introduced By: Senators Euer, Vargas, DiPalma, and DiMario

     Date Introduced: February 27, 2026

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 24-12-37 of the General Laws in Chapter 24-12 entitled "Rhode

Island Turnpike and Bridge Authority" is hereby amended to read as follows:

     24-12-37. Penalty for nonpayment of toll — Toll violators and toll evaders.

     (a) Legislative findings. The general assembly finds as follows:

     (1) That all users of any tolled projects should be required to timely pay for the use of such

projects;

     (2) That toll violators and toll evaders unfairly shift the financial burden of maintaining the

tolled projects to other project users; and

     (3) Rhode Island has a strong interest in ensuring that its transportation infrastructure is

adequately funded in a fair and equitable manner; and

     (4) That toll collection and enforcement systems should align with consumer protection

values and best practices, including proportional penalties, clear notice, and reasonable

opportunities for resolution.

     (b) In each instance when a person fails or refuses to pay or prepay the required toll on a

tolled project, and is issued a violation for the same, the toll violator shall pay the toll amount within

fourteen (14) days of issuance of the violation.

     (c) Any toll violator who fails to pay the toll amount due within the fourteen-day (14)

period in subsection (b) shall immediately incur a forty-dollar ($40.00) administrative fee in

addition to the unpaid toll amount.

     (d) Any toll violator who fails to pay the administrative fee and unpaid toll as required by

subsection (c) within forty-five (45) days of the issuance of the original violation, shall incur a

thirty five-dollar ($35.00) administrative fee in addition to the forty dollar ($40.00) administrative

fee and the unpaid toll amount. The toll amount and administrative fees shall be paid to the

authority.

     (e) Toll evaders shall be responsible for any tolls and administrative fees applicable to toll

violators. Further, at the request of the authority, any toll evader shall also promptly receive a traffic

violation summons that shall be subject to the jurisdiction of the Rhode Island traffic tribunal,

which may suspend the toll evader’s driver’s license for up to six (6) months for the violations and

assess a fine of up to five hundred dollars ($500), or both. All tolls, administrative fees, and fines

shall be payable to the authority.

     (f)(1) If any unpaid toll amounts, administrative fees, and fines are not paid within ninety

(90) days of the issuance of the original violation, and the toll violator has incurred at least ten (10)

instances in which such toll violator has failed to pay any required toll amounts, administrative

fees, and fines, then the authority may report the person as a toll violator, or, if appropriate, as a

toll evader, to the Rhode Island division of motor vehicles, who then shall not permit that person

to renew his or her driver’s license and vehicle registration until any unpaid toll amounts,

administrative fees, and fines are paid to the authority. Upon the authority’s receipt of such payment

or a written repayment agreement between the person and the authority, the authority shall promptly

issue a verbal, written, or electric confirmation showing the amounts paid and a certification that

the person does not owe any amounts to the authority or has otherwise made satisfactory repayment

arrangements with the authority. In any such case, the Rhode Island division of motor vehicles shall

forthwith release any hold placed for this purpose on the person’s license renewal and vehicle

registration renewal. If a person who made satisfactory repayment arrangements with the authority

subsequently fails to honor and comply with such arrangements with the authority according to

their terms, the authority may re-report the person to the Rhode Island division of motor vehicles

which shall then prohibit that person from renewing their driver’s license and vehicle registration

until the originally unpaid toll amounts, administrative fees, and fines are paid to the authority.

     (2) Prior to reporting any toll violator or toll evader to the Rhode Island division of motor

vehicles, and if the toll violator or toll evader is an E-ZPass account holder with the authority who

has an electronic mailing address on file with the authority, the authority or its agent shall send a

notice to the violator via electronic mail to the electronic mailing address on file, or if no electronic

mailing address is on file or electronic notice cannot be successfully delivered, by first-class mail

through the United States Postal Service to the most recent mailing address on file, when the

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following occurs:

     (1) The prepaid toll account balance has fallen below the minimum required amount; and

     (2) The prepaid toll account balance reflects a negative balance.

     (g) “Toll violator” means, for the purposes of this section, any person who uses any project

and fails to pay or prepay the required toll.

     (h) “Toll evader” means, for the purposes of this section, any person who uses a project,

fails or refuses to pay or prepay the required toll, and deliberately circumvents or proceeds around

or through a gate or other barrier on a project; and/or any toll violator who fails or refuses to pay

or prepay the required toll on a tolled project at least twenty (20) or more times, received at least

three (3) written notices from the authority (or its agent) regarding the non-payment of tolls, and is

not a party to, or in current compliance with, a written repayment plan with the authority.

     (i) The authority may promulgate appropriate rules and regulations to ensure the proper

administration of the provisions of this section. Any person aggrieved by the authority’s assessment

of any administrative fees may request review of such assessment through the process established

by the authority, which shall not be subject to the provisions of chapter 35 of title 42.

     (j) For the purposes of this section only, “person” means the registered owner, EZPass

account holder, driver, rentee, or lessee of a motor vehicle.

     (k) This section shall apply retroactively to all persons who are toll evaders as of the

effective date of this act [October 1, 2016].

     (l) Nothing contained in this section shall be construed to reduce or otherwise eliminate

any tolls, fines, or penalties a person owes to the authority based upon violations occurring prior to

the effective date of this act [October 1, 2016].

     (m) It is unlawful for any person or business, other than an authorized representative of the

authority, or any other duly authorized and existing toll or transportation agency, to sell, lease, rent,

or offer for sale, lease or rent, any tokens, tickets, passes, transponders, or other evidences of

payment issued for passage on any project. Any person or business who or that is found in violation

of this subsection shall be punished, for each offense, by a fine of not more than five hundred

dollars ($500).

     (n) If any provision of this section or its application to any person is deemed invalid, any

such invalidity shall not affect the other provisions of this section that may lawfully be given effect

without the invalid provision.

     SECTION 2. Chapter 24-12 of the General Laws entitled "Rhode Island Turnpike and

Bridge Authority" is hereby amended by adding thereto the following section:

     24-12-37.3. Rules and regulations governing transponder failure -- Proactive

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customer outreach -- Notice infrastructure -- Toll and penalty mitigation.

     (a) The authority shall, pursuant to the provisions of chapter 35 of title 42 ("administrative

procedures"), promulgate rules and regulations establishing a comprehensive framework to address

the known and foreseeable failure of E-ZPass transponders including, but not limited to, battery

end-of-life failure, signal degradation, and other equipment malfunctions.

     (b) The rules and regulations required under this section shall expressly account for

circumstances in which the authority knew or reasonably should have known that a class, model,

or generation of transponders was subject to elevated or systemic failure rates, and shall not be

limited solely to instances in which the authority has identified a specific malfunctioning

transponder associated with an individual account.

     (c) The rules and regulations shall require the authority to implement a proactive customer

outreach and education program to notify account holders of the general risk of transponder battery

failure and equipment malfunction.

     (d) The outreach and education program established by rule or regulation shall include, at

a minimum:

     (1) Periodic electronic and written communications to account holders describing the

expected lifespan of transponder batteries, known failure risks, warning indicators, and steps

customers may take to verify proper operation;

     (2) Prominent and recurring notices on the authority’s website, customer account portals,

and any mobile applications;

     (3) Targeted outreach to customers using transponders identified by the authority as part

of a population experiencing elevated failure rates;

     (4) Clear procedures for testing, replacement, or repair of transponders, without charge,

when failure is attributable to normal battery depletion or equipment defect; and

     (5) Proactive efforts to collect and maintain current electronic mail addresses for all E-

ZPass account holders for purposes of account and equipment notifications, including prompts

during account creation, renewal, customer service interactions, and online account access.

     (e) The rules and regulations shall require the authority to establish and follow a written

process for providing notice by first-class mail through the United States Postal Service when:

     (1) An account holder has not provided an electronic mail address;

     (2) An electronic notice is returned as undeliverable; or

     (3) The authority otherwise lacks reasonable assurance that electronic notice has been

received.

     (f) The rules and regulations shall prohibit reliance on toll violations, accumulated unpaid

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tolls, or enforcement actions as the primary or initial mechanism for identifying transponder failure.

     (g) The rules and regulations shall establish a standardized, transparent, and uniform

process for the review, mitigation, and forgiveness of tolls, administrative fees, fines, and penalties

that result from transponder failure or malfunction, including battery depletion, where the account

holder did not receive reasonable or timely notice of the failure risk.

     (h) The mitigation and forgiveness process established by rule or regulation shall:

     (1) Be applied consistently and not on an ad hoc or discretionary basis;

     (2) Authorize the waiver, reduction, or refund of excessive toll charges, fees, and penalties

attributable to transponder failure;

     (3) Permit retroactive relief for violations incurred during periods in which the authority

knew or reasonably should have known of widespread or systemic transponder failures; and

     (4) Be clearly communicated to customers as part of the outreach program required under

subsection (c) of this section.

     (i) The authority shall publish the rules and regulations promulgated pursuant to this section

and shall submit an annual report to the general assembly detailing:

     (1) Transponder failure trends and impacts;

     (2) Outreach and notice efforts undertaken, including electronic and postal

communications;

     (3) The number and aggregate dollar amount of tolls, fees, and penalties waived, reduced,

or refunded; and

     (4) Measures taken to prevent future systemic equipment failures.

     (j) Nothing in this section shall be construed to eliminate liability for valid tolls; provided,

however, that the authority shall prioritize fairness, transparency, and consumer protection in

administering toll enforcement when violations arise from equipment failures beyond the

reasonable control of the account holder.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HIGHWAYS -- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

***

     This act would require notice to E-ZPass users by the Rhode Island Turnpike and Bridge

Authority (RITBA) before reporting toll violators or toll evaders to the division of motor vehicles

(DMV) and establish rules and regulations for transponder failures as well as to require outreach

and free replacements, and allow mitigation or forgiveness of tolls and penalties from equipment

failures.

     This act would take effect upon passage.

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