New York State Idling Regulation (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. For more information on the general benefits of reducing unnecessary idling, visit the "You're the Key to Being Idle Free" webpage.
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, from idling for more than five minutes at a time. 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
- Maintaining a specific temperature for passenger comfort, to the minimum extent necessary and as required by any Federal, State, or local agency having jurisdiction
- A fire, police, public utility, or other vehicle actively 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 periodic or roadside diesel emissions inspection as pursuant to 6 NYCRR 217-5
- Operating for agricultural purposes on a farm
Visit DEC's "You're the Key to Being Idle Free" webpage for additional information and resources for idling in New York State. Questions on the New York State idling regulation may be submitted to [email protected].
Note that county and municipal governments within New York State, such as New York City, may have laws or ordinances stricter than this regulation.
Limited Enforcement Discretion Related to the Advanced Clean Trucks Program
DEC is exercising its authority to utilize enforcement discretion on medium- and heavy-duty vehicle manufacturer compliance with the Advanced Clean Trucks (ACT) regulation through an enforcement discretion letter (PDF) issued May 23, 2025. This enforcement discretion letter does not apply to the ACT One-Time Fleet Reporting requirement pursuant to 6 NYCRR 218-4.2.
The enforcement discretion aims to provide clarity to consumers while working to keep New York on track to achieve its clean transportation goals and the many health and environmental benefits communities will see from the increased deployment of zero-emission vehicles (ZEV) and reducing pollution. Specifically, DEC will not enforce penalty provisions for manufacturers that are unable to fulfill the ACT-mandated zero-emission vehicle (ZEV) sales requirements for model years (MY) 2025 and 2026.
Pursuant to this action, manufacturers must agree to supply internal combustion engine vehicles to New York State vehicle dealers and distributors, including secondary vehicle manufacturers, that are seeking those vehicles, without restriction.
This enforcement discretion action will allow New York State customers to purchase internal combustion trucks (gross vehicle weight rating over 8,500 lbs) for MY 2025 and 2026 while not affecting manufacturers’ compliance with the ACT regulation. Despite potential Manufacturer Certificate/Statement of Origin language purported to restrict new vehicle registrations in New York State, customers may register the following in New York:
- Medium-duty vehicles (gross vehicle weight rating of 8,501 lb. to 14,000 lb.) that have received California-only or 50-state emissions certification,
- Heavy-duty gasoline vehicles (gross vehicle weight rating greater than 14,000 lb.) that have received California-only or 50-state emissions certification,
- Heavy-duty diesel vehicles (gross vehicle weight rating greater than 14,000 lb.) that have received California-only, 50-state, or federal certification.
Manufacturers will continue to accrue credits for ZEV sales into New York State during MY 2025 and 2026 for use in complying with MY 2027 and later ZEV sales requirements. Manufacturers would have up to three model years to comply with ZEV sales requirements before potential penalties are assessed once implementation is resumed.
Since this enforcement discretion will allow New York State medium- and heavy-duty vehicle dealerships and distributors to purchase medium- and heavy-duty vehicles from manufacturers without restriction, this action supersedes previous limited enforcement discretion actions issued for state agency and municipal purchases of vehicles intended for snowplowing and street cleaning use, as detailed in the Limited Enforcement Discretion Related to the Advanced Clean Trucks and Heavy-Duty Low NOx Omnibus Programs letter, dated October 9, 2024, and REVISED Limited Enforcement Discretion Related to the Advanced Clean Trucks and Heavy-Duty Low NOx Omnibus Programs, dated December 12, 2024. Further, with the May 23, 2025 enforcement discretion, it is no longer necessary to request approval for the purchase of snowplows and street cleaning vehicles.
Advanced Clean Trucks (ACT) Regulation (6 NYCRR 218-4)
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). ACT applies to medium- and heavy-duty vehicles (M/HDVs), defined as on-road vehicles with a gross vehicle weight rating (GVWR) greater than 8,500 pounds. The regulation consists of two sections: the first (6 NYCRR 218-4.1) is specific to M/HDV manufacturers only, while the second (6 NYCRR 218-4.2) is essentially a one-time fleet census specific to public or large private fleet owners or brokers which operated or dispatched M/HDVs under their common ownership or control in New York State.
Manufacturer ZEV Sales Targets (6 NYCRR 218-4.1)
The first section of the ACT regulation (6 NYCRR 218-4.1) requires applicable medium- and heavy-duty vehicle (M/HDV) manufacturers to sell a percentage of their total M/HDV 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 ZEV sales requirements. The ACT regulation does not require M/HDV fleets, owners, brokers, 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:
Vehicle 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 revised 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 Truck Partnership. Notably, as part of the Clean Truck 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 ZEV Sales requirements, including New York State.
DEC intends to take action to adopt the CARB amendments, so as to incorporate the additional compliance flexibility provisions into New York State's ACT ZEV Sales regulation.
Two primary flexibility revisions to ACT were adopted by CARB and would ultimately be in effect in New York State once DEC completes its rulemaking process:
- The first revision would change 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 vehicle 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 vehicle model year. New York State's implementation of ACT begins with model year 2025, which ends December 31, 2025. As such, the manufacturer’s first ACT ZEV 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 State would not make a compliance determination related to ACT ZEV Sales requirements for any deficit in model year 2025 until March 31, 2029, provided the manufacturer's deficit balance is no greater than 30 percent of the deficits generated in the 2025 model year by the end of model year 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 ZEV sales 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 approaching parity with internal combustion powered vehicles. New York State also offers incentives 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 (NYSBIP)
- New York State M/HD Make-Ready Pilot Program
- United States Environmental Protection Agency Clean School Bus Program
- NYSDEC Municipal ZEV EV Rebate and ZEV EV Infrastructure Grant Programs
ACT One-Time Fleet Reporting Requirement (6 NYCRR 218-4.2)
The following represent current versions of the Advanced Clean Trucks (ACT) One Time Fleet Reporting Excel template and PDF guidance documentation as of June 10, 2024. Fleet owners that meet the eligibility requirements detailed below must use these documents for official fleet reporting. All applicable entities must submit their completed ACT fleet reporting form(s) to DEC by emailing it to [email protected].
Final Reporting Form (Excel) (revised June 10, 2024)
Final Guidance Document (PDF) (revised June 10, 2024)
The second section of the ACT regulation (6 NYCRR 218-4.2) is a one-time reporting requirement for all public entities and large private entities that operate or dispatch on-road vehicles with a manufacturer's gross vehicle weight rating (GVWR) greater than 8,500 pounds (3,855.54 kg) in New York State. The Department continues to accept reports from eligible entities. Note that certain grant programs, such as the Municipal ZEV EV Rebate Grant Program, may require submission of a one-time fleet report as a condition of eligibility. The program is also separate from the one-time Clean Fleets reporting for NYSERDA's Clean Energy Communities (CEC) and the Climate Smart Communities (CSC) program offered through the Department's Office of Climate Change.
The goal of this reporting rule is to collect information to inform future strategies related to utility infrastructure upgrades throughout the state to further accelerate the ongoing transition for large fleets and government entities towards zero-emission M/HDVs.
Entities, generally defined as the highest parent or governing body/entity, required to complete and submit report(s) are those that either:
- had combined 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 State in 2019; OR
- were a fleet owner in the 2019 calendar year that had 50 or more vehicles under common ownership or control and a facility (i.e., a location with physical address) within New York State; OR
- were a broker or organization that dispatched 50 or more vehicles into or throughout New York State 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 State in 2019; OR
- were a federal government agency that had one or more vehicles that were operated in New York State in 2019.
Reporting exemptions are provided for entities that primarily operate school buses and for certain vehicles, such as transit buses operated by most public transit agencies, military tactical vehicles, vehicles awaiting sale, active emergency and law-enforcement vehicles (i.e. fire trucks, ambulances, police vehicles, and similar vehicle used to actively provide such services) and light-duty vehicles dispatched but not owned by transportation network companies.
Entities with operations extending from outside of the State of New York (i.e., from other states of Canadian provinces) are required to include information for vehicles domiciled in New York State as well as, at a minimum, those that are kept at locations outside of New York State, but whose regular operations within New York State constitute 50% or more of their regular usage during the selected reporting period.
A vehicle leased by a third-party under terms of a year or longer is considered part of the lessee entity's fleet for the purposes of fleet reporting (i.e. the lessee is considered the "Fleet Owner"), whereas vehicles leased or rented out under terms under one year are considered part of the lessor entity's fleet, regardless of which entity ultimately registers the vehicles.
Note that the actual GVWR (maximum laden weight of a vehicle set by the manufacturer) of a vehicle can be approximated using Vehicle Identification Number (VIN) decoders (such as through the National Highway Traffic Safety Administration) or determined exactly by checking the door jamb or glove compartment sticker of most vehicles provided by the manufacturer. The GVWR may not necessarily match the weight listed on the vehicle's registration or title documentation from the DMV, which may instead list the number of seats or the curb (i.e. unladen) weight of a vehicle.
Data collected through the ACT One-Time Fleet Reporting requirement has been made accessible through Open Data NY and is updated periodically to account for reports with the reporting entities to ensure data integrity. A mapped version of this dataset can also be viewed at Open Data NY.
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. Those seeking more information on the Manufacturer ZEV Sales Targets (6 NYCRR 218-4.1) can find these above.
Limited Enforcement Discretion Related to the Heavy-Duty Low NOx Omnibus Program
DEC is exercising its authority to utilize enforcement discretion on heavy-duty vehicle manufacturer compliance with the Heavy-Duty Low NOx Omnibus (HD Omnibus) regulation through an enforcement discretion letter (PDF) issued February 11, 2026.
The enforcement discretion aims to provide certainty to manufacturers of heavy-duty engines and vehicles which use such engines. Specifically, DEC will not enforce penalty provisions for manufacturers that are unable to fulfill HD Omnibus-mandated sales requirements for engine model year (EMY) 2026.
This enforcement discretion action will allow New York State customers to purchase federally certified heavy-duty internal combustion vehicles (gross vehicle weight rating over 10,000 lbs) for EMY 2026 while not affecting manufacturers’ compliance with the HD Omnibus regulation.
DEC is also pausing the enforcement of averaging, banking, and trading reporting requirements of HD Omnibus for EMY 2026.
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 Truck 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 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 and buses
- 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 in Disadvantaged Communities (DACs). 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.
