New York State Idling Law (6 NYCRR 217-3)
Less idling time is good for the environment because it reduces air pollution and noise, improves fuel economy, and saves money for motor vehicle operators and consumers.
6 NYCRR Subpart 217-3 prohibits on-road heavy-duty vehicles, including non-diesel and diesel trucks and buses with a gross vehicle weight rating (GVWR) of more than 8,500 pounds (3,855.54 kg), from idling for more than five minutes at a time. The idling regulation is enforced by DEC Conservation Officers. Fines range from $500 to $18,000 in the case of a first violation.
Exceptions include, but are not limited to, when an idling on-road medium/heavy-duty vehicle is:
- Stuck in traffic or otherwise required to remain motionless
- Performing maintenance tasks or powering an auxiliary function or apparatus, such as a refrigeration unit or lift, requiring power from the primary motive engine
- A fire, police, public utility, or other vehicle providing emergency services in emergency situations
- A diesel-fueled truck remaining motionless for more than two hours while ambient air temperatures are below 25°F (-3.9°C)
- Undergoing a roadside diesel emissions inspection
Visit DEC's "You're the Key to Being Idle Free" webpage for additional information and resources for idling in New York State.
Limited Enforcement Discretion Related to the Advanced Clean Trucks and Heavy-Duty Low NOx Omnibus Programs
DEC has issued a limited enforcement discretion letter for heavy-duty vehicles used for snow plowing purposes (both dedicated plows and intermittent plows, such as refuse trucks and dump trucks that are converted for plowing purposes as needed) and for street cleaning (e.g., street sweepers and catch basin trucks). This enforcement discretion action will allow New York State and Local Agencies to purchase internal combustion models for model years 2025 and 2026 to fulfill emergency needs while not affecting manufacturers’ compliance with the Advanced Clean Trucks or Heavy-Duty Low NOx Omnibus regulations.
Advanced Clean Trucks (ACT) Regulation
New York State adopted California's Advanced Clean Trucks Regulation (6 NYCRR Subpart 218-4) in December 2021. More details of New York's adoption of the ACT regulation can be found in the adoption rulemaking package (PDF).
Manufacturer ZEV Targets (6 NYCRR 218-4.1)
The ACT regulation requires applicable medium- and heavy-duty vehicle (M/HDV) manufacturers to sell a percentage of their total sales in New York State as zero-emission vehicles (ZEVs) starting in model year (MY) 2025 with increasing ZEV sales through MY 2035. Transit buses, motor coaches, and emergency vehicles are exempt from the ACT regulation. The ACT regulation does not require M/HDV fleets, owners, operators, or dealerships to purchase ZEVs, nor does it directly require dealerships to sell certain percentages of ZEVs or near zero-emission vehicles (NZEVs). The ACT regulation does not regulate out-of-state M/HDV sales.
The ACT ZEV sales percentages for M/HDV manufacturers for New York State are as follows:
Model Year | Class 2b-3 | Class 4-8 | Class 7-8 Tractors |
2025 | 7% | 11% | 7% |
2026 | 10% | 13% | 10% |
2027 | 15% | 20% | 15% |
2028 | 20% | 30% | 20% |
2029 | 25% | 40% | 25% |
2030 | 30% | 50% | 30% |
2031 | 35% | 55% | 35% |
2032 | 40% | 60% | 40% |
2033 | 45% | 65% | 40% |
2034 | 50% | 70% | 40% |
2035 and subsequent | 55% | 75% | 40% |
ACT provides M/HDV manufacturers with flexibilities to comply with the ZEV sales percentages. These include:
- Use of NZEV sales, such as plug-in hybrid electric vehicles (PHEVs) counting towards compliance, with certain limitations
- Use of "early action" banked credits from ZEV and NZEV sales made prior to MY 2025. M/HDV manufacturers were able to begin generating credits with the 2022 MY
- Purchase of excess ZEV and NZEV credits from other M/HDV manufacturers
- The ability to use credits across the different weight class groups. However, only Class 7-8 Tractor credits can be used for compliance with the Class 7-8 Tractors sales percentages (apart from the low-volume tractor flexibility)
- The ability to make up a deficit in the next model year
Pending Amendments
The California Air Resources Board (CARB) has proposed to revise the ACT regulation to provide additional compliance flexibilities as agreed upon with M/HD truck and engine manufacturers and their trade association through the Clean Trucks Partnership. Notably, as part of the Clean Trucks Partnership, the manufacturers have also agreed to sell as many zero-emission trucks as reasonably possible in every state that has adopted CARB’s ACT, including New York State.
DEC intends to take action to adopt the CARB amendments, so as to incorporate the additional compliance flexibilities into DEC’s ACT regulation for New York. DEC intends to commence its rulemaking process when CARB approves these amendments, expected in late 2024. CARB expects the ACT amendments to be formally adopted by the California Office of Administrative Law in early 2025.
Two primary flexibility revisions to ACT are being proposed by CARB and would ultimately be in effect in New York once DEC completes its rulemaking process:
- The first revision would revise when ZEV credits are granted to the manufacturer. The current requirement of “when sold to the ultimate purchaser” is proposed to be revised to “delivered for sale.” The latter offers manufacturers additional documentation options and greater certainty in certifying a ZEV sale.
- The second revision proposes additional time – up to three model years – for manufacturers to make up any ZEV sales deficit in any given model year. A manufacturer cannot carry a deficit balance greater than 30 percent of the deficits generated from the most recent model year beyond the end of the first year of the makeup period.
The current regulation allows for just one model year to resolve any deficit. Under ACT, manufacturers are required to report their sales within 90 days of the end of a model year. New York’s implementation of ACT begins with model year 2025, which ends December 31, 2025. As such, the manufacturer’s first ACT sales report is due by March 31, 2026. If there is a deficit, under the current ACT regulation prior to the amendments, the manufacturer must make up the deficit in model year 2026.
With the proposed amendment to extend to a three model year make-up period, New York would not make a compliance determination under ACT for any deficit in model year 2025 until March 31, 2029, as long as the manufacturer's deficit balance is no greater than 30 perfect of the deficits generated in the 2025 model year by the end of 2026. In other words, the effect of the revision would be that DEC cannot take action to enforce any violations of ACT’s model year 2025 requirements (aside from the 30 percent deficit balance constraint) before March 31, 2029. This extended timeframe would provide medium-and heavy-duty vehicle manufacturers additional time to achieve compliance, either by selling additional ZEVs or purchasing credits from other manufacturers.
Funding Options
The Department encourages New York State based fleets to consider M/HD ZEV adoption. M/HD ZEVs are practical for many use cases and the total cost of ZEV ownership is reaching parity with internal combustion powered vehicles. New York State also offers incentives using Volkswagen Settlement funds for ZEV purchases through the following programs:
Additional sources of funding for fleets, owners, and operators of M/HDVs to purchase ZEVs or to install charging infrastructure are available through the following sources:
- New York School Bus Incentive Program
- New York State M/HD Make-Ready Pilot Program
- United States Environmental Protection Agency Clean School Bus Program
- Federal Commercial Clean Vehicle Tax Credit
- NYSDEC Municipal ZEV EV Rebate Grant Program
ACT One-Time Fleet Reporting Requirement (6 NYCRR 218-4.2)
The second section of the ACT regulation (6 NYCRR 218-4.2) is a one-time reporting requirement for large entities that operate or dispatch on-road vehicles with a manufacturer's gross vehicle weight rating (GVWR) greater than 8,500 pounds in New York State. The one-time fleet reports were due to DEC from applicable fleets by the extended deadline of December 1, 2023.
Entities required to complete and submit the report are those that:
- had gross annual revenues greater than 50 million USD in the U.S. for the 2019 tax year, including revenues from all subsidiaries, divisions, or branches, and had one or more vehicles under common ownership or control that were operated in New York in 2019; OR
- were a fleet owner in the 2019 calendar year that had 50 or more vehicles under common ownership or control; OR
- were a broker or organization that dispatched 50 or more vehicles into or throughout New York in the 2019 calendar year; OR
- were a New York government agency, including all State and local municipalities, public authorities, or municipal instrumentalities such as special districts with independent commissions or those formed by interstate compact that had one or more vehicles that were operated in New York in 2019; OR
- were a federal government agency that had one or more vehicles that were operated in New York in 2019.
Reporting exemptions are provided for entities that primarily operate school buses and for certain vehicles, such as transit buses operated by public transit agencies, military tactical vehicles, vehicles awaiting sale, emergency vehicles, and light-duty vehicles dispatched but not owned by transportation network companies.
Below are current versions of the reporting template and guidance documentation as of June 10, 2024. Fleet owners are required to use these documents for official fleet reporting. All applicable entities must submit their completed reporting template to DEC by emailing it to [email protected].
Final Reporting Form (Excel) (revised June 10, 2024)
Final Guidance Document (PDF) (revised June 10, 2024)
Data collected through the ACT one-time fleet reporting requirement, to date, has been made accessible through Open Data NY (last updated: July 16, 2024). This dataset will be updated periodically to account for reports that are newly submitted or corrected.
A summarized version of the ACT one-time fleet reporting dataset, which contains a subset of the Open Data NY dataset for New York State fleet locations, is available below.
ACT Dataset Summary (Excel) (revised June 5, 2024).
Note that certain State and regional public authorities are also required to complete separate annual Part 248 reports for diesel vehicles. Information on this reporting can be found here.
Heavy-Duty Low NOx Omnibus (HD Omnibus) Regulation
New York State adopted California’s Heavy-Duty Low NOx Omnibus regulation by emergency rulemaking on December 28, 2022 and finalized the rulemaking on August 23, 2023. More details of New York's adoption of the HD Omnibus regulation can be found in the adoption rulemaking package (PDF).
The HD Omnibus regulation primarily establishes exhaust emission standards for nitrogen oxides (NOx) and particulate matter (PM) and associated test procedures for heavy-duty engines and vehicles. The HD Omnibus regulation applies to manufacturers of heavy-duty engines and vehicles which use such engines. The HD Omnibus regulation begins in New York State with engine model year (EMY) 2026.
As a result of the Clean Trucks Partnership agreement between the California Air Resources Board (CARB), 10 truck manufacturers, and their trade association the Truck and Engine Manufacturers Association (EMA), DEC intends to adopt CARB’s HD Omnibus regulation amendments, when completed, to expand the legacy engines provision and to largely align the HD Omnibus standards with the U.S. Environmental Protection Agency’s standards for EMY 2027 and beyond.
New York State Clean Diesel Grant Program (NYSCDGP)
The goal of the NYS Clean Diesel Grant Program (NYSCDGP) is to improve local air quality by reducing harmful diesel exhaust emissions. These harmful diesel exhaust emissions come from:
- older trucks
- locomotives
- marine vessels
- other diesel-powered equipment
NYSCDGP has received funding through the federal Diesel Emission Reduction Act (DERA) since 2008. DERA funds provide opportunities and incentives to public and private entities with eligible projects. Authority for DERA grant funding comes from the Energy Policy Act of 2005. NYSCDGP projects have reduced emissions across the State, including Disadvantaged Communities (DACs) and Potential Environmental Justice Area (PEJA) neighborhoods. DEC continues to work on DERA-funded projects to assist in meeting the State's air quality goals. A detailed summary of these projects is available as a downloadable PDF.
