By Barrientos S.B. No. 1444 76R7375 JD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to noise abatement measures on certain highways in this 1-3 state. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. FINDINGS. The legislature finds that: 1-6 (1) excessive noise is a form of environmental 1-7 pollution; 1-8 (2) highway traffic is a major source of noise 1-9 pollution which affects more people than other forms of noise 1-10 pollution and is more continuous in nature than most other noise 1-11 pollution sources; 1-12 (3) highway traffic on existing urban roadways lowers 1-13 the quality of life and property values for persons residing near 1-14 those roadways; 1-15 (4) this state currently has no policy relating to 1-16 procedures for the abatement of highway traffic noise or the 1-17 construction or installation of measures to abate highway traffic 1-18 noise; 1-19 (5) decisions regarding the abatement of highway 1-20 traffic noise and the conditions under which noise abatement 1-21 projects should be approved are best made at the local level; and 1-22 (6) metropolitan planning organizations authorized by 1-23 federal law and designated by the governor are demonstrably capable 1-24 of addressing highway noise impacts and making decisions regarding 2-1 the abatement of highway noise. 2-2 SECTION 2. DEFINITIONS. In this Act: 2-3 (1) "Department" means the Texas Department of 2-4 Transportation. 2-5 (2) "Metropolitan planning organization" means the 2-6 forum designated by the governor for cooperative transportation 2-7 decision making for a metropolitan planning area. 2-8 (3) "Type II project" means a proposed highway project 2-9 exclusively for noise abatement on an existing highway. 2-10 SECTION 3. PURPOSE. The purpose of this Act is to establish 2-11 a statewide policy for the implementation of procedures for noise 2-12 abatement measures to help protect the public health and welfare of 2-13 the citizens of this state and for the planning and design of 2-14 highways approved under Title 23, United States Code. 2-15 SECTION 4. COOPERATION OF METROPOLITAN PLANNING 2-16 ORGANIZATIONS AND DEPARTMENT. A decision of a metropolitan 2-17 planning organization in relation to a Type II project under this 2-18 Act, or a proposed Type II project, shall be made in cooperation 2-19 with the department. 2-20 SECTION 5. APPLICABILITY AND OBJECTIVE. (a) A Type II 2-21 project may be considered by a metropolitan planning organization 2-22 under this Act only where: 2-23 (1) an identifiable highway noise impact occurs; 2-24 (2) noise abatement measures will reduce the highway 2-25 noise impact; and 2-26 (3) the overall noise abatement benefits are 2-27 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) State participation in a Type II project under this Act 3-11 is limited to providing matching funds for a Type II project on a 3-12 freeway or parkway that is maintained by the department. 3-13 SECTION 7. RULES. The department shall adopt rules to 3-14 implement this Act no later than January 1, 2000. 3-15 SECTION 8. EFFECTIVE DATE. This Act takes effect September 3-16 1, 1999. 3-17 SECTION 9. EMERGENCY. The importance of this legislation 3-18 and the crowded condition of the calendars in both houses create an 3-19 emergency and an imperative public necessity that the 3-20 constitutional rule requiring bills to be read on three several 3-21 days in each house be suspended, and this rule is hereby suspended.