II
107TH CONGRESS
2D SESSION
H. R. 3880
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 11, 2002
Received
AN ACT
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.
HR 3880 RDS
Be it enacted by the Senate and House of Representa-
tives 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 pro-
visions 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 pre-
ceding 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 Trans-
portation and Infrastructure of the House of Representa-
tives, 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 to-
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wards 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 compli-
ance and identify the necessary steps that remain to be
taken by September 30, 2005, in order for the transpor-
tation projects, programs, and plans for the counties re-
ferred 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; TEM-
PORARY 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 des-
ignated under section 134(b) of title 23 of the United
States Code.
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SEC. 3. ADDITIONAL REQUIREMENTS.
(a) PROHIBITION ON CAPACITY EXPANSION.—Dur-
ing the period of the temporary transportation conformity
waiver for transportation plans, programs, and projects
under section 1, no regionally significant capacity expand-
ing highway project shall be added to the Regional Trans-
portation 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 re-
ferred 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 applica-
ble; and
(2) any projected increases in transportation re-
lated emissions resulting from the project are offset
by corresponding reductions within the affected
county, with best efforts made to secure reductions
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from within the immediate area affected by the
project’s emissions.
Passed the House of Representatives September 10,
2002.
Attest:
JEFF TRANDAHL,
Clerk.