CONCORD, N.H. (AP) – Getting E-ZPass passed is turning out to be not so easy.

The Executive Council approved a plan Thursday to get going on the new electronic toll collection system, but lawmakers could put a different plan in place later this month.

Attorney General Kelly Ayotte says the council has the authority to act on E-ZPass.

“Right now, under the law the Legislature gave the governor and council the authority to make these decisions,” Ayotte said, but “the Legislature can take that authority back.”

The council would give early subscribers a deal on transponders – $5 until next May – and allow drivers to use discounted tokens until July 2007. E-ZPass would be phased in beginning next month.

The Senate Finance Committee plan would not give drivers a break on transponders and would end tokens Jan. 1. E-ZPass would start no later than Sept. 1. Drivers would pay the state’s cost for the transponders, between $24 and $30.

The Senate will vote on the budget committee’s plan Thursday.

State law gives the council authority to implement E-ZPass. But some senators – frustrated at the slow pace of implementing E-ZPass – proposed enacting a firm startup date. They also want to eliminate tokens sooner to save money for repairs and other turnpike projects.

Both plans give noncommercial vehicles a 30 percent discount, 10 percent for commercial vehicles. Tokens give drivers a 50 percent discount, but collecting tokens costs the state $750,000 a year.

If the Senate’s plan passes Thursday, the House would next weigh in on the plan. Representatives have already signaled their willingness to eliminate tokens Jan. 1.

The state Department of Transportation is going ahead with E-ZPass while lawmakers work out deadline details.

Regardless of which plan ultimately wins, the transponders will be available for purchase sometime around June 20 by phone, on the Internet and at turnpike rest areas in Nashua, Hooksett and Seabrook. The system should be working by mid-to-late July.

If the Senate’s plan becomes law, the new electronic system would have to be in place by Sept. 1.