Authorizes the commissioner of motor vehicles to establish and administer a program authorizing eligible vehicles to operate in designated high-occupancy vehicle (HOV) lanes, notwithstanding vehicle occupancy.
STATE OF NEW YORK
________________________________________________________________________
9139
2025-2026 Regular Sessions
IN ASSEMBLY
October 17, 2025
___________
Introduced by M. of A. KASSAY, SCHIAVONI, O'PHARROW, STERN, LAVINE,
GRIFFIN -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to enacting the
"New York traffic reduction act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York traffic reduction act".
3 § 2. The vehicle and traffic law is amended by adding a new section
4 224-b to read as follows:
5 § 224-b. Establishment of the New York clean pass program. 1. The
6 commissioner of motor vehicles, in consultation with the commissioner of
7 transportation, shall establish and administer a program to be known as
8 the "New York clean pass program", authorizing eligible vehicles to
9 operate in designated high-occupancy vehicle (HOV) lanes, notwithstand-
10 ing vehicle occupancy.
11 2. Vehicles eligible for participation shall include those classified
12 as low-emission, energy-efficient, plug-in hybrid electric, or battery
13 electric vehicles, consistent with criteria established pursuant to 23
14 U.S.C § 166 and regulations adopted thereafter. The commissioner may by
15 regulation update eligibility criteria to reflect changes in federal
16 law, advances in technology, or updated emissions standards.
17 3. The commissioner shall issue permits, decals, or other indicia for
18 eligible vehicles, and may prescribe an application process and fee to
19 cover administrative costs.
20 (a) The commissioner shall retain autonomy to establish, modify, and
21 enforce program rules consistent with this section.
22 (b) Fees collected pursuant to this program shall be deposited in the
23 dedicated highway and bridge trust fund.
24 4. (a) The commissioner of transportation, in consultation with the
25 commissioner of motor vehicles, may designate state-maintained roadways
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13818-03-5
A. 9139 2
1 or segments thereof where the clean pass program shall apply, including
2 but not limited to the Long Island Expressway HOV lanes.
3 (b) The commissioner of transportation shall provide for appropriate
4 signage and markings to give effect to such designations.
5 5. (a) The state police and any other authorized law enforcement offi-
6 cers shall enforce compliance with this section and with regulations
7 adopted thereunder.
8 (b) Unauthorized use of clean pass lanes shall be subject to fines and
9 penalties as prescribed by the commissioner through regulation.
10 6. The commissioner of motor vehicles, in consultation with the
11 commissioner of transportation, shall submit a biennial report to the
12 governor and the legislature evaluating program participation, enforce-
13 ment, environmental impacts, and recommendations for expansion or
14 modification.
15 7. (a) For purposes of administering the clean pass program on any
16 high-occupancy vehicle facility constructed, operated, or maintained
17 with federal-aid highway funds, the department of transportation shall
18 ensure compliance with the 23 U.S.C § 166.
19 (b) Minimum average operating speed shall have the meaning set forth
20 in 23 U.S.C § 166 (d)(2)(A), and shall be forty-five miles per hour
21 where the posted speed limit is fifty miles per hour or greater, and not
22 more than ten miles per hour below the posted speed limit where the
23 posted speed limit is less than fifty miles per hour.
24 (c) An HOV facility shall be considered degraded if vehicles operating
25 on the facility fail to maintain the minimum average operating speed
26 ninety percent of the time over a consecutive one hundred eighty day
27 period during morning or evening weekday peak hours.
28 8. The department of transportation shall continuously monitor and
29 assess the operating performance of each designated HOV facility on
30 which clean pass access is authorized, including impacts to adjacent
31 general purpose lanes; shall enforce lane rules; and shall publish at
32 least annually a public report summarizing performance, compliance, and
33 any corrective measures taken to maintain or restore compliance with
34 subdivision seven of this section, consistent with 23 U.S.C § 166(d)(1).
35 9.(a) No later than one hundred eighty days after a facility is deter-
36 mined to be degraded pursuant to subdivision seven of this section, the
37 public authority with jurisdiction shall submit to the Federal Highway
38 Administration a plan detailing actions it will take to restore compli-
39 ance with the minimum average operating speed performance standard, as
40 required by 23 U.S.C § 166(d)(1)(D).
41 (b) The restoration plan may include but not be limited to, increasing
42 occupancy requirements; limiting or discontinuing clean pass access,
43 including suspending new decals, capping the number of active decals, or
44 imposing time-of-day restrictions; adjusting access rules by class of
45 eligible vehicle; implementing operational improvements; and, where
46 applicable on tolled or priced facilities, varying tolls to manage
47 demand.
48 (c) Pending Federal Highway Administration approval of the restoration
49 plan, the commissioner of transportation shall implement reasonable
50 interim measures to improve operating performance, which may include
51 temporary suspension of clean pass access of the affected facility or
52 segment.
53 10. Nothing in this section shall be construed to authorize operation
54 of the clean pass program on any facility in a manner inconsistent with
55 23 U.S.C § 166 or other applicable federal law or regulation. If
56 required by the Federal Highway Administration to maintain compliance or
A. 9139 3
1 eligibility for federal-aid highway funding, the commissioner of trans-
2 portation, in consultation with the commissioner, shall modify, limit,
3 or suspend clean pass access on the affected facility, and the commis-
4 sioner of motor vehicles shall take corresponding administrative actions
5 with respect to permits or decals.
6 § 3. Severability. If any clause, sentence, paragraph, subdivision,
7 section or part of this act shall be adjudged by any court of competent
8 jurisdiction to be invalid, such judgment shall not affect, impair, or
9 invalidate the remainder thereof, but shall be confined in its operation
10 to the clause, sentence, paragraph, subdivision, section or part thereof
11 directly involved in the controversy in which such judgment shall have
12 been rendered. It is hereby declared to be the intent of the legislature
13 that this act would have been enacted even if such invalid provisions
14 had not been included herein.
15 § 4. This act shall take effect on the thirtieth day after it shall
16 have become a law; provided, however, that this act shall be deemed
17 repealed if any federal agency determines in writing that this act would
18 render New York state ineligible for the receipt of federal funds or any
19 court of competent jurisdiction finally determines that this act would
20 render New York state out of compliance with federal law or regulation;
21 and provided further that the commissioner of transportation shall noti-
22 fy the legislative bill drafting commission upon the occurrence of the
23 provisions of this act in order that the commission may maintain an
24 accurate and timely effective data base of the official text of the laws
25 of the state of New York in furtherance of effectuating the provisions
26 of section 44 of the legislative law and section 70-b of the public
27 officers law. Effective immediately, the addition, amendment and/or
28 repeal of any rule or regulation necessary for the implementation of
29 this act on its effective date are authorized to be made and completed
30 on or before such effective date.
