'Clean Pass' program ending this fall for Long Island Expressway's HOV lanes

For Eddie Sanchez, of Brentwood, one of the benefits of owning a Tesla Model Y is being able to zip in the Long Island Expressway's HOV lane between branches of the financial advising firm where he works, even if he's by himself.

That’s why he was upset to learn that the Clean Pass program is set to end Sep. 30, as the federal government has not renewed permission for New York and 14 other states to grant the exemptions on federal highways for zero-emission vehicles.

"If it's something that's efficient and that's helping, what would be the reason to take it away?" said Sanchez, 37, as he charged up in a Hauppauge parking lot Tuesday.

Anticipating the end of the program, the state Department of Motor Vehicles last month stopped issuing new Clean Passes. Starting in October, high occupancy vehicle lanes will only be open to vehicles with at least two occupants during peak hours — no matter if they run on gasoline or electricity.

Since it was first introduced as a pilot program in 2006, the program has been extended several times, and its potential expiration in September was announced years ago. Some electric vehicle advocates even acknowledge the program was nearing the end of its useful life span, as traffic in the HOV lanes slows down with more qualifying vehicles using them.

But in letters recently mailed to Clean Pass holders, Gov. Kathy Hochul and the DMV laid blame on Congress and the Trump Administration, saying it was working with Democratic Sens. Chuck Schumer and Kirsten Gillibrand to extend the program.

"As of now, due to the actions of the Trump administration and inaction in Congress, the program will end as scheduled," the letters said.

A spokesman for the federal Department of Transportation pushed back, saying "It was a Democrat-controlled Congress that actively chose not to extend this exception’s deadline" in the Bipartisan Infrastructure Law passed in 2021. "USDOT is working with industry stakeholders to develop policy priorities that best speak to the needs of working-class Americans."

They did not say whether the department, led by Transportation Secretary Sean Duffy, would support any temporary extension — but noted that members of the public can submit comments on the change through Aug. 20 online.

The program was created as an incentive for hybrid and electric vehicle adoption, but it comes as the Trump administration’s "Big Beautiful Bill" ends tax credits that saved buyers up to $7,500 on new electric cars and ends fines for automakers that don’t meet federal fuel economy standards.

Meanwhile, New York — following the lead of California — has mandated that all new cars sold in dealerships must be electric by 2035, with some initial requirements coming into effect in 2026.

Despite expressing disappointment with the end of Clean Pass, Rosemary Mascali, a founder of Drive Electric Long Island, said the program couldn't exist forever.

"The HOV lane was built with funds to improve air quality and reduce congestion. And if the lane slows down to a point that it doesn’t encourage carpooling, then it defeats its purpose," she said.

A long-standing federal provision requires canceling the program if HOV speeds drop below a certain threshold.

The New York DOT said last month that despite an increase in traffic volume using the HOV lanes, "there is still some capacity remaining."

A state DOT spokesperson did not respond when asked precisely how close the HOV lanes are to dipping below the threshold — defined as a 45 mph minimum average speed 90% of the time over 180 consecutive days during peak hours.

Rachel Weinberger, transportation chair at the nonprofit Regional Plan Association, said the purpose of the program is to expedite the shift to electric vehicles.

But "you need to think about, is it more efficient to have one person per vehicle in a clean vehicle, or multiple people in a conventional vehicle? And ideally, obviously, you want multiple people in a clean vehicle," she said.

Over 79,000 EVs and plug-in hybrids on LI

The Clean Pass program allows single drivers to use the HOV lanes, even when otherwise restricted to carpoolers from 6 a.m. to 10 a.m. and 3 p.m. to 8 p.m. Outside those hours, solo drivers can use the lanes, which cover a 40-mile stretch of the LIE from Medford to Queens.

First launched as a pilot program for hybrid vehicles in 2006, New York limited it to electrics and plug-in hybrids in 2022, although earlier-enrolled hybrids were grandfathered in.

Today, there are about 79,000 electric vehicles and plug-in hybrids on the road on Long Island, or about 3% of all registered vehicles, according to the New York State Energy Research and Development Authority and the DMV.

Fourteen other states also have programs that allow electric vehicles in carpooling lanes, including California, Texas, Florida and New Jersey. The programs all require a statutory exemption from federal lawmakers, which has been scheduled to expire on Sep. 30 unless extended, according to a federal transportation spokesman.

Even if Clean Pass expires, electric vehicle drivers will still be able to get toll discounts on Port Authority bridges and tunnels and the New York State Thruway — which, unlike the LIE, are not under federal control — according to the DMV.

LI lawmakers, EV advocates respond

Rep. Nick Lalota (R-Amityville) said in a statement he supports a "temporary extension" for Clean Pass, but wants further study of congestion and environmental benefits, adding he is concerned about the program being "a perk for those who can afford pricier cars."

Rep. Laura Gillen (D-Hempstead) also said in a statement she would support "a temporary extension" as the program "phases down."

"The best way to encourage more New Yorkers to embrace EVs is to increase availability of charging stations and bring down prices to make them a more affordable option," she said.

The offices of Rep. Tom Suozzi (D-Glen Cove) and Rep. Andrew Garbarino (R-Patchogue) did not respond to requests for comment for this article.

Bruce Miller, a Port Jefferson electric vehicle owner and member of the U.S. Green Building Council, said he’s upset about the change — in fact, he wishes there were a second HOV lane on the LIE. 

But Sam Schwartz, a former New York City traffic commissioner, said ending the Clean Pass program is the right thing to do to encourage carpooling. He said the state should even consider limiting the LIE HOV lane to vehicles with three occupants, as on the Staten Island Expressway.

Mascali, of Drive Electric Long Island, said that even with the removal of Clean Pass, green energy tax incentives and pollution regulations, she’s optimistic about electric vehicle adoption on Long Island.

"It's more barriers — OK, fine, we'll deal with them. But the technology is just superior to the internal combustion engine," she said.

The Island’s compact geography and availability of charging stations make it an ideal place to drive electric, she added.

"Long Island is still the perfect market for EVs."