By: Barrientos, Nelson S.B. No. 1444 A BILL TO BE ENTITLED AN ACT 1-1 relating to noise abatement measures on certain highways in this 1-2 state. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. FINDINGS. The legislature finds that: 1-5 (1) excessive noise is a form of environmental 1-6 pollution; 1-7 (2) highway traffic is a major source of noise 1-8 pollution which affects more people than other forms of noise 1-9 pollution and is more continuous in nature than most other noise 1-10 pollution sources; 1-11 (3) highway traffic on existing urban roadways lowers 1-12 the quality of life and property values for persons residing near 1-13 those roadways; 1-14 (4) this state currently has no policy relating to 1-15 procedures for the abatement of highway traffic noise or the 1-16 construction or installation of measures to abate highway traffic 1-17 noise; 1-18 (5) decisions regarding the abatement of highway 1-19 traffic noise and the conditions under which noise abatement 1-20 projects should be approved are best made at the local level; and 1-21 (6) metropolitan planning organizations authorized by 1-22 federal law and designated by the governor are demonstrably capable 1-23 of addressing highway noise impacts and making decisions regarding 1-24 the abatement of highway noise. 2-1 SECTION 2. DEFINITIONS. In this Act: 2-2 (1) "Department" means the Texas Department of 2-3 Transportation. 2-4 (2) "Metropolitan planning organization" means the 2-5 forum designated by the governor for cooperative transportation 2-6 decision making for a metropolitan planning area. 2-7 (3) "Type II project" means a proposed highway project 2-8 exclusively for noise abatement on an existing highway. 2-9 SECTION 3. PURPOSE. The purpose of this Act is to establish 2-10 a statewide policy for the implementation of procedures for noise 2-11 abatement measures to help protect the public health and welfare of 2-12 the citizens of this state and for the planning and design of 2-13 highways approved under Title 23, United States Code. 2-14 SECTION 4. COOPERATION OF METROPOLITAN PLANNING 2-15 ORGANIZATIONS AND DEPARTMENT. A decision of a metropolitan 2-16 planning organization in relation to a Type II project under this 2-17 Act, or a proposed Type II project, shall be made in cooperation 2-18 with the department. 2-19 SECTION 5. APPLICABILITY AND OBJECTIVE. (a) A Type II 2-20 project may be considered by a metropolitan planning organization 2-21 under this Act only where: 2-22 (1) an identifiable highway noise impact occurs; 2-23 (2) noise abatement measures will reduce the highway 2-24 noise impact; and 2-25 (3) the overall noise abatement benefits are 2-26 determined to outweigh: 3-1 (A) the overall adverse social, economic, or 3-2 environmental effects; and 3-3 (B) the cost of the noise abatement measures. 3-4 (b) If a Type II project is considered, the metropolitan 3-5 planning organization should make every reasonable effort to 3-6 obtain substantial reductions of the identifiable highway noise. 3-7 SECTION 6. FUNDING FOR TYPE II PROJECTS. (a) A Type II 3-8 project may be constructed under this Act only with federal funds 3-9 that are available for the project under 23 C.F.R. Part 772. 3-10 (b) Matching funds for all Type II projects under this Act 3-11 must be provided by a local governmental member of a metropolitan 3-12 planning organization. No state funds may be expended for the 3-13 study of noise impacts or construction of a Type II project, 3-14 although the state may use existing personnel for coordination of 3-15 contracts, oversight of construction, and maintenance if the 3-16 project is on a freeway or parkway that is maintained by the 3-17 department and state right-of-way may be used. 3-18 SECTION 7. RULES. The department shall adopt rules to 3-19 implement this Act no later than January 1, 2000. 3-20 SECTION 8. EFFECTIVE DATE. This Act takes effect September 3-21 1, 1999. 3-22 SECTION 9. EMERGENCY. The importance of this legislation 3-23 and the crowded condition of the calendars in both houses create an 3-24 emergency and an imperative public necessity that the 3-25 constitutional rule requiring bills to be read on three several 3-26 days in each house be suspended, and this rule is hereby suspended.