A 9139: 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.