[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3880 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3880

 To provide a temporary waiver from certain transportation conformity 
  requirements and metropolitan transportation planning requirements 
 under the Clean Air Act and under other laws for certain areas in New 
 York where the planning offices and resources have been destroyed by 
               acts of terrorism, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2002

   Mr. Fossella (for himself, Mr. Towns, Mr. Meeks of New York, Mr. 
Grucci, Mrs. Kelly, Mr. Owens, Mr. Rangel, Mr. Quinn, Mr. Gilman, Mrs. 
McCarthy of New York, Mr. King, Mr. Engel, and Mr. Ackerman) introduced 
 the following bill; which was referred to the Committee on Energy and 
   Commerce, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide a temporary waiver from certain transportation conformity 
  requirements and metropolitan transportation planning requirements 
 under the Clean Air Act and under other laws for certain areas in New 
 York where the planning offices and resources have been destroyed by 
               acts of terrorism, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CLEAN AIR TRANSPORTATION CONFORMITY; TEMPORARY WAIVER FOR 
              NEW YORK AREAS.

    (a) Temporary Waiver.--Notwithstanding any other provision of law, 
until September 30, 2005, the provisions of section 176(c) of the Clean 
Air Act, and the regulations promulgated thereunder, shall not apply to 
transportation projects, programs, and plans for the counties of New 
York, Queens, Kings, Bronx, Richmond, Nassau, Suffolk, Westchester, 
Rockland, Putnam or to the towns of Blooming Grove, Chester, Highlands, 
Monroe, Tuxedo, Warwick, and Woodbury in Orange County, New York. The 
preceding sentence shall not apply to the regulations under section 
176(c)(4)(B)(i) of such Act relating to Federal and State interagency 
consultation procedures.
    (b) Interim Progress Report.--Not later than January 1, 2004, the 
Governor of New York shall submit to the Committees on Energy and 
Commerce and Transportation and Infrastructure of the United States 
House of Representatives and to the Committee on Environment and Public 
Works of the United States Senate a report regarding the status of the 
State's progress towards achieving compliance with the provisions of 
law and regulation subject to the temporary waiver provided by 
subsection (a). Such report shall explain in detail the steps that the 
State has taken towards achieving such compliance and identify the 
necessary steps that remain to be taken by September 30, 2005, in order 
for the transportation projects, programs, and plans for the counties 
referred to in subsection (a) to be in compliance with the provisions 
of section 176(c) of the Clean Air Act, and the regulations promulgated 
thereunder, by September 30, 2005. The report shall also include a 
regional emissions analysis generally consistent with the requirements 
of 40 CFR 93.122, together with the relevant air quality data.

SEC. 2. METROPOLITAN PLANNING REQUIREMENTS; TEMPORARY WAIVER FOR NEW 
              YORK AREAS.

    Notwithstanding any other provision of law, until September 30, 
2005, the provisions of sections 134(h)(1)(D), 134(i)(3), 134(i)(5), 
and 134(l)(1) of title 23 of the United States Code and sections 
5304(a)(1), 5305(c), and 5305(e)(1) of title 49 of the United States 
Code and the regulations promulgated thereunder, shall not apply to the 
New York Metropolitan Transportation Council or to the Metropolitan 
Planning Organization designated under section 134(b) of title 23 of 
the United States Code.
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