NYC Council Committee on Environmental Protection and Waterfronts Hearing on Citizen Enforcement Programs – October 20, 2026

The Committee on Environmental Protection and Waterfronts met on Tuesday, October 20, 2026, at 12:00 PM in Hearing Room 1 at 250 Broadway for an oversight hearing on the Department of Environmental Protection's citizen enforcement programs and six related bills. Chair James F. Gennaro presided; Committee members Harvey D. Epstein, Kamillah Hanks, Lincoln Restler, and Justin E. Sanchez were present, and Councilmember Alexa Avilés attended for her bill. DEP did not send a witness to testify, although an administration representative was in the audience; DEP submitted written testimony, which Chair Gennaro read into the record. OATH and DOF did not provide testimony.

Public Comments & Testimony

• Government watchdog Reinvent Albany said it supports the citizen air complaint program but opposes Intro 561-A and Intro 11-A, arguing 561-A creates loopholes that would increase idling and that higher fines would worsen delinquency, noting delinquency rates above 60% for fines over $1,000.
• Environmental and public health advocates, including 350 NYC, NYLPI, NRDC, NYLCV, the New York Clean Air Collective, and medical professionals, largely opposed Intro 561-A as drafted, called it unsalvageable in current form, and supported language access. NRDC supported Intros 11-A, 48, 562, and 869-A while saying 561-A needs additional work; NYLCV supported Intros 48 and 11-A but not 561-A; NYLPI urged passage of Intros 11 and 48 and rejection of 561-A.
• Citizen complainants testified that the program has reduced idling by fleets such as Con Edison, Amazon, and Verizon, and asked the council to preserve it. Many opposed the 60-day dismissal provision, the diesel particulate filter regeneration exemption, reduced citizen awards, and self-prosecution burdens. Several supported Intro 48 to expand access to non-English speakers.
• Industry and business representatives, including the Building Trades Employers Association, Subcontractors Trade Association, Mechanical Contractors Association, New York State Energy Coalition, Trucking Association of New York, RDS Delivery, Edge Auto Rental, bus and motorcoach associations, Teamsters Local 817, and the National Waste and Recycling Association, generally supported Intros 561-A, 562, and/or 869-A with amendments, and asked the council to hold Intro 11-A until due process, timely notice, and fair hearings are fixed. They cited delayed notices arriving six to eighteen months later, hearings more than a year later, legitimate operational idling (pumps, liftgates, compaction, HVAC, DPF regeneration), and liability problems for leased vehicles.
• Some participants disputed industry claims, arguing fuel pumps and liftgates are already exempt, regeneration can be done while driving, and the program is effective and should be expanded rather than weakened.

Discussion Items

• Chair Gennaro noted the city's air quality improvements and said motor vehicles contribute approximately 11% of local fine particulate matter (PM2.5) and 28% of local nitrogen oxide emissions. He reported citizen idling complaints rose from 9,070 in 2019 to 163,090 in 2025.
• DEP's written testimony stated that in 2025 DEP reviewed more than 163,000 public submissions and issued about 102,000 idling summonses, currently receives about 700 idling reports per day, and has a backlog of about 230,000 videos. DEP received 21 new personnel lines in the FY27 November plan, including seven air pollution inspectors who recently started.
• DEP declined to comment on provisions related to pending litigation, expressed concerns about Intro 562's liability transfer, supported the intent of Intro 869-A, and said Intro 48's portal instructions and translations already exist in designated citywide languages, though Councilmember Avilés responded that the translations are not integrated into the portal.
• The bills heard were: Intro 11-A (increasing civil penalties for idling infractions, sponsored by Speaker Julie Menon); Intro 48 (translating the citizen air complaint portal into designated citywide languages, sponsored by Councilmember Avilés); Intro 561-A (regulating engine idling and citizen complaint enforcement, sponsored by Chair Gennaro); Intro 562 (transferring liability for certain idling violations to lessees); Intro 869-A (establishing a code of conduct for citizen noise complaints); and preconsidered T2026-2662 (including idling violations in the Department of Finance fleet program).
• Chair Gennaro stated that the 60-day deadline in Intro 561-A was not intended to automatically discard pending complaints or the backlog, and that the language would be clarified.

Key Outcomes

• Oversight T2026-2107 was heard and filed by the committee.
• Hearing was held on all six legislative items. The committee proposed and adopted amendments to Intros 11-A, 561-A, and 869-A.
• All introductions, including Intros 11-A, 48, 561-A, 562, 869-A, and T2026-2662, were laid over by the committee; no final votes were taken.
• The committee accepted written testimony for 72 hours after the hearing and committed to further stakeholder engagement before finalizing amendments.