S T A T E O F N E W Y O R K
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9139
2025-2026 Regular Sessions
I N A S S E M B L Y
October 17, 2025
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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:
Section 1. Short title. This act shall be known and may be cited as
the "New York traffic reduction act".
§ 2. The vehicle and traffic law is amended by adding a new section
224-b to read as follows:
§ 224-B. ESTABLISHMENT OF THE NEW YORK CLEAN PASS PROGRAM. 1. THE
COMMISSIONER OF MOTOR VEHICLES, IN CONSULTATION WITH THE COMMISSIONER OF
TRANSPORTATION, SHALL ESTABLISH AND ADMINISTER A PROGRAM TO BE KNOWN AS
THE "NEW YORK CLEAN PASS PROGRAM", AUTHORIZING ELIGIBLE VEHICLES TO
OPERATE IN DESIGNATED HIGH-OCCUPANCY VEHICLE (HOV) LANES, NOTWITHSTAND-
ING VEHICLE OCCUPANCY.
2. VEHICLES ELIGIBLE FOR PARTICIPATION SHALL INCLUDE THOSE CLASSIFIED
AS LOW-EMISSION, ENERGY-EFFICIENT, PLUG-IN HYBRID ELECTRIC, OR BATTERY
ELECTRIC VEHICLES, CONSISTENT WITH CRITERIA ESTABLISHED PURSUANT TO 23
U.S.C § 166 AND REGULATIONS ADOPTED THEREAFTER. THE COMMISSIONER MAY BY
REGULATION UPDATE ELIGIBILITY CRITERIA TO REFLECT CHANGES IN FEDERAL
LAW, ADVANCES IN TECHNOLOGY, OR UPDATED EMISSIONS STANDARDS.
3. THE COMMISSIONER SHALL ISSUE PERMITS, DECALS, OR OTHER INDICIA FOR
ELIGIBLE VEHICLES, AND MAY PRESCRIBE AN APPLICATION PROCESS AND FEE TO
COVER ADMINISTRATIVE COSTS.
(A) THE COMMISSIONER SHALL RETAIN AUTONOMY TO ESTABLISH, MODIFY, AND
ENFORCE PROGRAM RULES CONSISTENT WITH THIS SECTION.
(B) FEES COLLECTED PURSUANT TO THIS PROGRAM SHALL BE DEPOSITED IN THE
DEDICATED HIGHWAY AND BRIDGE TRUST FUND.
4. (A) THE COMMISSIONER OF TRANSPORTATION, IN CONSULTATION WITH THE
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
OR SEGMENTS THEREOF WHERE THE CLEAN PASS PROGRAM SHALL APPLY, INCLUDING
BUT NOT LIMITED TO THE LONG ISLAND EXPRESSWAY HOV LANES.
(B) THE COMMISSIONER OF TRANSPORTATION SHALL PROVIDE FOR APPROPRIATE
SIGNAGE AND MARKINGS TO GIVE EFFECT TO SUCH DESIGNATIONS.
5. (A) THE STATE POLICE AND ANY OTHER AUTHORIZED LAW ENFORCEMENT OFFI-
CERS SHALL ENFORCE COMPLIANCE WITH THIS SECTION AND WITH REGULATIONS
ADOPTED THEREUNDER.
(B) UNAUTHORIZED USE OF CLEAN PASS LANES SHALL BE SUBJECT TO FINES AND
PENALTIES AS PRESCRIBED BY THE COMMISSIONER THROUGH REGULATION.
6. THE COMMISSIONER OF MOTOR VEHICLES, IN CONSULTATION WITH THE
COMMISSIONER OF TRANSPORTATION, SHALL SUBMIT A BIENNIAL REPORT TO THE
GOVERNOR AND THE LEGISLATURE EVALUATING PROGRAM PARTICIPATION, ENFORCE-
MENT, ENVIRONMENTAL IMPACTS, AND RECOMMENDATIONS FOR EXPANSION OR
MODIFICATION.
7. (A) FOR PURPOSES OF ADMINISTERING THE CLEAN PASS PROGRAM ON ANY
HIGH-OCCUPANCY VEHICLE FACILITY CONSTRUCTED, OPERATED, OR MAINTAINED
WITH FEDERAL-AID HIGHWAY FUNDS, THE DEPARTMENT OF TRANSPORTATION SHALL
ENSURE COMPLIANCE WITH THE 23 U.S.C § 166.
(B) MINIMUM AVERAGE OPERATING SPEED SHALL HAVE THE MEANING SET FORTH
IN 23 U.S.C § 166 (D)(2)(A), AND SHALL BE FORTY-FIVE MILES PER HOUR
WHERE THE POSTED SPEED LIMIT IS FIFTY MILES PER HOUR OR GREATER, AND NOT
MORE THAN TEN MILES PER HOUR BELOW THE POSTED SPEED LIMIT WHERE THE
POSTED SPEED LIMIT IS LESS THAN FIFTY MILES PER HOUR.
(C) AN HOV FACILITY SHALL BE CONSIDERED DEGRADED IF VEHICLES OPERATING
ON THE FACILITY FAIL TO MAINTAIN THE MINIMUM AVERAGE OPERATING SPEED
NINETY PERCENT OF THE TIME OVER A CONSECUTIVE ONE HUNDRED EIGHTY DAY
PERIOD DURING MORNING OR EVENING WEEKDAY PEAK HOURS.
8. THE DEPARTMENT OF TRANSPORTATION SHALL CONTINUOUSLY MONITOR AND
ASSESS THE OPERATING PERFORMANCE OF EACH DESIGNATED HOV FACILITY ON
WHICH CLEAN PASS ACCESS IS AUTHORIZED, INCLUDING IMPACTS TO ADJACENT
GENERAL PURPOSE LANES; SHALL ENFORCE LANE RULES; AND SHALL PUBLISH AT
LEAST ANNUALLY A PUBLIC REPORT SUMMARIZING PERFORMANCE, COMPLIANCE, AND
ANY CORRECTIVE MEASURES TAKEN TO MAINTAIN OR RESTORE COMPLIANCE WITH
SUBDIVISION SEVEN OF THIS SECTION, CONSISTENT WITH 23 U.S.C § 166(D)(1).
9.(A) NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER A FACILITY IS DETER-
MINED TO BE DEGRADED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, THE
PUBLIC AUTHORITY WITH JURISDICTION SHALL SUBMIT TO THE FEDERAL HIGHWAY
ADMINISTRATION A PLAN DETAILING ACTIONS IT WILL TAKE TO RESTORE COMPLI-
ANCE WITH THE MINIMUM AVERAGE OPERATING SPEED PERFORMANCE STANDARD, AS
REQUIRED BY 23 U.S.C § 166(D)(1)(D).
(B) THE RESTORATION PLAN MAY INCLUDE BUT NOT BE LIMITED TO, INCREASING
OCCUPANCY REQUIREMENTS; LIMITING OR DISCONTINUING CLEAN PASS ACCESS,
INCLUDING SUSPENDING NEW DECALS, CAPPING THE NUMBER OF ACTIVE DECALS, OR
IMPOSING TIME-OF-DAY RESTRICTIONS; ADJUSTING ACCESS RULES BY CLASS OF
ELIGIBLE VEHICLE; IMPLEMENTING OPERATIONAL IMPROVEMENTS; AND, WHERE
APPLICABLE ON TOLLED OR PRICED FACILITIES, VARYING TOLLS TO MANAGE
DEMAND.
(C) PENDING FEDERAL HIGHWAY ADMINISTRATION APPROVAL OF THE RESTORATION
PLAN, THE COMMISSIONER OF TRANSPORTATION SHALL IMPLEMENT REASONABLE
INTERIM MEASURES TO IMPROVE OPERATING PERFORMANCE, WHICH MAY INCLUDE
TEMPORARY SUSPENSION OF CLEAN PASS ACCESS OF THE AFFECTED FACILITY OR
SEGMENT.
10. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE OPERATION
OF THE CLEAN PASS PROGRAM ON ANY FACILITY IN A MANNER INCONSISTENT WITH
23 U.S.C § 166 OR OTHER APPLICABLE FEDERAL LAW OR REGULATION. IF
REQUIRED BY THE FEDERAL HIGHWAY ADMINISTRATION TO MAINTAIN COMPLIANCE OR
A. 9139 3
ELIGIBILITY FOR FEDERAL-AID HIGHWAY FUNDING, THE COMMISSIONER OF TRANS-
PORTATION, IN CONSULTATION WITH THE COMMISSIONER, SHALL MODIFY, LIMIT,
OR SUSPEND CLEAN PASS ACCESS ON THE AFFECTED FACILITY, AND THE COMMIS-
SIONER OF MOTOR VEHICLES SHALL TAKE CORRESPONDING ADMINISTRATIVE ACTIONS
WITH RESPECT TO PERMITS OR DECALS.
§ 3. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that this act shall be deemed
repealed if any federal agency determines in writing that this act would
render New York state ineligible for the receipt of federal funds or any
court of competent jurisdiction finally determines that this act would
render New York state out of compliance with federal law or regulation;
and provided further that the commissioner of transportation shall noti-
fy the legislative bill drafting commission upon the occurrence of the
provisions of this act in order that the commission 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. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.