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



                                                 Union Calendar No. 397
107th CONGRESS
  2d Session
                                H. R. 3880

                      [Report No. 107-649, Part I]

 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

                           September 9, 2002

Additional sponsors: Mr. Boehlert, Mr. Israel, Mr. McNulty, Mr. McHugh, 
               Mr. Reynolds, Mr. Sweeney, and Mr. Crowley

                           September 9, 2002

  Reported from the Committee on Energy and Commerce with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 9, 2002

Referral to the Committee on Transportation and Infrastructure extended 
          for a period ending not later than September 9, 2002

                           September 9, 2002

Committee on Transportation and Infrastructure discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. CLEAN AIR TRANSPORTATION CONFORMITY; TEMPORARY 
              WAIVER FOR NEW YORK AREAS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2. METROPOLITAN PLANNING REQUIREMENTS; TEMPORARY WAIVER 
              FOR NEW YORK AREAS.</DELETED>

<DELETED>    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.</DELETED>

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 (as defined in 40 C.F.R. 
Part 93, Subpart A) for the counties of New York, Queens, Kings, Bronx, 
Richmond, Nassau, Suffolk, Westchester, Rockland, Putnam, or 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 House of 
Representatives, the Committee on Environment and Public Works of the 
Senate, the Administrator of the Environmental Protection Agency, and 
the Secretary of Transportation 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.

SEC. 3. ADDITIONAL REQUIREMENTS.

    (a) Prohibition on Capacity Expansion.--During the period of the 
temporary transportation conformity waiver for transportation plans, 
programs, and projects under section 1, no regionally significant 
capacity expanding highway project shall be added to the Regional 
Transportation Plan for the counties referred to in section 1 and no 
such project may be advanced from the out years of the Plan into the 
TIP, except as provided in subsection (b).
    (b) Exception.--Any regionally significant capacity expanding 
highway project south of Canal Street and West of Broadway in Manhattan 
may be added to the Plan referred to in subsection (a) if--
            (1) the project is part of a redevelopment plan for lower 
        Manhattan subject to NEPA and the New York State Environmental 
        Quality Act, as applicable; and
            (2) any projected increases in transportation related 
        emissions resulting from the project are offset by 
        corresponding reductions within the affected county, with best 
        efforts made to secure reductions from within the immediate 
        area affected by the project's emissions.




                                                 Union Calendar No. 397

107th CONGRESS

  2d Session

                               H. R. 3880

                      [Report No. 107-649, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 9, 2002

  Reported from the Committee on Energy and Commerce with an amendment

                           September 9, 2002

Referral to the Committee on Transportation and Infrastructure extended 
          for a period ending not later than September 9, 2002

                           September 9, 2002

Committee on Transportation and Infrastructure discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed