[House Report 104-807]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-807
_______________________________________________________________________


 
                TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS

                                _______
                                

 September 18, 1996.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                        [To accompany H.R. 2988]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, to whom was referred the bill 
(H.R. 2988) to amend the Clean Air Act to provide that traffic 
signal synchronization projects are exempt from certain 
requirements of Environmental Protection Agency Rules, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Rollcall Votes...................................................     3
Committee Oversight Findings.....................................     3
Committee on Government Reform and Oversight.....................     3
New Budget Authority and Tax Expenditures........................     4
Committee Cost Estimate..........................................     4
Congressional Budget Office Estimate.............................     4
Inflationary Impact Statement....................................     5
Advisory Committee Statement.....................................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                               Amendment

    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS.

    Section 176(c)(4) (42 U.S.C. 7506(c)(4)) of the Clean Air Act is 
amended by adding the following at the end thereof:
    ``(D) Compliance with the rules of the Administrator for 
determining the conformity of transportation plans, programs, and 
projects funded or approved under title 23 of the United States Code or 
the Federal Transit Act to State or Federal implementation plans shall 
not be required for traffic signal synchronization projects prior to 
the funding, approval or implementation of such projects. The 
supporting regional emissions analysis for any conformity determination 
made with respect to a transportation plan, program, or project shall 
consider the effect on emissions of any such project funded, approved, 
or implemented prior to the conformity determination.''.

                          Purpose and Summary

    The Clean Air Act requires that transportation plans, 
programs, and projects in nonattainment areas be reviewed to 
determine if they ``conform'' to the State's implementation 
plan for attaining or maintaining the national ambient air 
quality standards. This mandate often includes traffic 
synchronization projects, even though most, if not all, 
synchronization projects lower vehicle emissions. By requiring 
that these projects be reviewed before they can be implemented, 
some projects may be delayed by a year or more, resulting in an 
increase in vehicle emissions.
    H.R. 2988, as reported by the Committee, would allow 
synchronization projects to proceed before conformity 
determinations are made. However, nothing in H.R. 2988 would 
relieve a jurisdiction from its responsibility to subject the 
synchronization project to a regional emissions analysis at a 
later date, if such project normally would be subject to such 
an analysis. Consequently, the emissions impact of a 
synchronization project--whether the project increases or 
decreases emissions--will be considered in subsequent 
conformity determinations.

                  Background and Need for Legislation

    Under section 176 of the Clean Air Act, transportation 
plans, programs and projects must conform to a State's air 
quality implementation plan (SIP). Conformity to a SIP means 
that transportation activities will not produce new air quality 
violations, worsen existing violations, or delay timely 
attainment of the national ambient air quality standards. 
Therefore, before a State or appropriate authority may proceed 
with a transportation activity, it must be demonstrated that a 
project does not interfere with a State's efforts to achieve 
its clean air goals.
    In the original conformity rule published in 1993, and in 
the most recent proposed rule streamlining conformity 
procedures, the Environmental Protection Agency (EPA) takes the 
position that synchronization projects should not be exempted 
or excused from this conformity requirement. In some cases, 
requiring traffic synchronization to undergo conformity 
determinations before being adopted can delay the project's 
implementation for more than a year. Representatives of some 
nonattainment areas argue that such delays are unwarranted, and 
they argue that such traffic light synchronization results in 
lower vehicle emissions, and, therefore, should be exempt from 
conformity determinations.
    In its proposed revisions to the 1993 conformity rule, EPA 
asked for comments on the question of whether traffic 
synchronization projects should be exempt from conformity 
requirements, but indicated its preference not to exempt such 
projects. In arguing against such an exemption, EPA stated in 
the preamble to the proposed rule that ``some of the projects 
may be complex, regionally significant projects whose emissions 
impacts must be assessed in the context of all regionally 
significant projects.'' Furthermore, EPA stated that 
signalization projects cannot be considered de minimis (and 
thus exempt) ``because they may affect traffic flow on a 
regional level. The emissions impacts may be positive or 
negative depending on the pollutant of concern, the speeds on 
the affected roads, and effects on other roads in the 
network.''

                                Hearings

    The Committee on Commerce has not held hearings on the 
legislation.

                        Committee Consideration

    On September 18, 1996, the Committee on Commerce met in 
open markup session and ordered H.R. 2988 reported to the 
House, as amended, by a voice vote, a quorum being present.

                             Rollcall Votes

    Clause 2(l)(2)(B) of rule XI of the Rules of the House 
requires the Committee to list the recorded votes on the motion 
to report legislation and amendments thereto. There were no 
recorded votes taken in connection with ordering H.R. 2988 
reported or in adopting the amendment. The voice votes taken in 
Committee are as follows:

           committee on commerce, 104th congress, voice votes

    Bill: H.R. 2988, a bill to amend the Clean Air Act to 
provide that traffic signal synchronization projects are exempt 
from certain requirements of Environmental Protection Agency 
Rules.
    Amendment: Amendment in the Nature of a Substitute offered 
by Mr. Bilirakis.
    Disposition: Agreed to, by a voice vote.
    Motion: Motion by Mr. Bliley to order H.R. 2988, as 
amended, reported to the House.
    Disposition: Agreed to, by a voice vote.

                      Committee Oversight Findings

    Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of 
the House of Representatives, the Committee has not held 
oversight or legislative hearings on this legislation.

              Committee on Government Reform and Oversight

    Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of 
the House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight.

               New Budget Authority and Tax Expenditures

    In compliance with clause 2(l)(3)(B) of rule XI of the 
Rules of the House of Representatives, the Committee states 
that H.R. 2988 would result in no new or increased budget 
authority or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 403 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of 
the House of Representatives, the following is the cost 
estimate provided by the Congressional Budget Office pursuant 
to section 403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                              Congresssional Budget Office,
                                Washington, DC, September 18, 1996.
Hon. Thomas J. Bliley, Jr.,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2988, a bill to amend the Clean Air Act to 
provide that traffic signal synchronization projects are exempt 
from certain requirements of Environmental Protection Agency 
rules, as ordered reported by the House Committee on Commerce 
on September 18, 1996. CBO estimates that enacting the bill 
would have no significant effect on the federal budget. 
Enacting this bill would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply.
    The bill does not contain any intergovernmental or private 
sector mandates as defined by the Unfunded Mandates Reform Act 
of 1995 (Public Law 104-4), and might produce modest savings 
for local and regional governments by making it easier to 
implement some traffic synchronization projects.
    The bill would allow states and localities using federal 
funds to proceed with traffic signal synchronization projects 
without first determining whether such projects are in 
conformity with state or federal Clean Air Act implementation 
plans. States and localities would still have to make this 
determination, but they could do so after the project's 
approval, funding, or implementation. CBO estimates that this 
provision would not appreciably change the workload of the 
Environmental Protection Agency, and thus would result in no 
significant impact on the federal budget.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kim Cawley.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds that H.R. 2988 
would have no inflationary impact.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

             Section-by-Section Analysis of the Legislation

          Section 1.--Traffic Signal Synchronization Projects

    The Committee intends for H.R. 2988 to allow States to 
avoid unnecessary delays when implementing traffic signal 
synchronization projects while protecting the integrity of the 
Clean Air Act's conformity program. H.R. 2988 adds a new clause 
(D) to section 176(c)(4) of the Clean Air Act.
    This new clause allows traffic signal synchronization 
projects to be approved, funded, and implemented without the 
requirement that they first be determined to be in conformity 
with State or Federal implementation plans. Because many 
jurisdictions make conformity determinations infrequently, this 
will allow traffic signal synchronization projects to go 
forward without delay.
    If traffic signal synchronization projects are part of 
larger projects which must undergo conformity determinations, 
it is intended that only the synchronization project may go 
forward prior to demonstrating conformity. The Committee 
expects that the other aspects of the transportation project of 
which synchronization may be a part undergo the normal 
procedures for determining conformity.
    In order to maintain the integrity of the conformity 
process, the new clause requires that the emissions effect of 
these projects be considered in all subsequent regional 
emissions analyses. The supporting regional emissions analysis 
for any conformity determination made with respect to a 
transportation plan, program, or project shall consider the 
emissions effect of any such project funded, approved, or 
implemented prior to the conformity determination. 
Consequently, the emissions impact of a synchronization 
project--whether the project increases or decreases emissions--
will be considered in subsequent conformity determinations.
    With the adoption of H.R. 2988, the emissions effect of 
traffic signal synchronization projects will ultimately be 
considered in the same manner that they are under current law, 
yet they can be approved, funded, and implemented without 
unnecessary delay.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                    SECTION 176 OF THE CLEAN AIR ACT

               LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE

    Sec. 176.
    (c)(1) * * *
          * * * * * * *
    (4)(A) * * *
          * * * * * * *
    (D) Compliance with the rules of the Administrator for 
determining the conformity of transportation plans, programs, 
and projects funded or approved under title 23 of the United 
States Code or the Federal Transit Act to State or Federal 
implementation plans shall not be required for traffic signal 
synchronization projects prior to the funding, approval or 
implementation of such projects. The supporting regional 
emissions analysis for any conformity determination made with 
respect to a transportation plan, program, or project shall 
consider the effect on emissions of any such project funded, 
approved, or implemented prior to the conformity determination.
          * * * * * * *