1-1 By: Barrientos S.B. No. 1444 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 27, 1999, reported favorably, as amended, by the following 1-5 vote: Yeas 8, Nays 0; April 27, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Cain 1-7 Amend S.B. No. 1444 by deleting proposed Subsection (b) of SECTION 1-8 6 and substituting the following: 1-9 (b) Matching funds for all Type II projects under this Act 1-10 must be provided by a local governmental member of a metropolitan 1-11 planning organization. No state funds may be expended for the 1-12 study of noise impacts or construction of a Type II project, 1-13 although the state may use existing personnel for coordination of 1-14 contracts, oversight of construction, and maintenance if the 1-15 project is on a freeway of parkway that is maintained by the 1-16 department and state right-of-way may be used. 1-17 COMMITTEE AMENDMENT NO. 2 By: Wentworth 1-18 Amend S.B. No. 1444 by deleting proposed Subsection (b) of SECTION 1-19 6 and substituting the following: 1-20 (b) Matching funds for all Type II projects under this Act 1-21 must be provided by a local governmental member of a metropolitan 1-22 planning organization. No state funds may be expended for the 1-23 study of noise impacts or construction of a Type II project, 1-24 although the state may use existing personnel for coordination of 1-25 contracts, oversight of construction, and maintenance if the 1-26 project is on a freeway or parkway that is maintained by the 1-27 department and state right-of-way may be used. 1-28 A BILL TO BE ENTITLED 1-29 AN ACT 1-30 relating to noise abatement measures on certain highways in this 1-31 state. 1-32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-33 SECTION 1. FINDINGS. The legislature finds that: 1-34 (1) excessive noise is a form of environmental 1-35 pollution; 1-36 (2) highway traffic is a major source of noise 1-37 pollution which affects more people than other forms of noise 1-38 pollution and is more continuous in nature than most other noise 1-39 pollution sources; 1-40 (3) highway traffic on existing urban roadways lowers 1-41 the quality of life and property values for persons residing near 1-42 those roadways; 1-43 (4) this state currently has no policy relating to 1-44 procedures for the abatement of highway traffic noise or the 1-45 construction or installation of measures to abate highway traffic 1-46 noise; 1-47 (5) decisions regarding the abatement of highway 1-48 traffic noise and the conditions under which noise abatement 1-49 projects should be approved are best made at the local level; and 1-50 (6) metropolitan planning organizations authorized by 1-51 federal law and designated by the governor are demonstrably capable 1-52 of addressing highway noise impacts and making decisions regarding 1-53 the abatement of highway noise. 1-54 SECTION 2. DEFINITIONS. In this Act: 1-55 (1) "Department" means the Texas Department of 1-56 Transportation. 1-57 (2) "Metropolitan planning organization" means the 1-58 forum designated by the governor for cooperative transportation 1-59 decision making for a metropolitan planning area. 1-60 (3) "Type II project" means a proposed highway project 1-61 exclusively for noise abatement on an existing highway. 2-1 SECTION 3. PURPOSE. The purpose of this Act is to establish 2-2 a statewide policy for the implementation of procedures for noise 2-3 abatement measures to help protect the public health and welfare of 2-4 the citizens of this state and for the planning and design of 2-5 highways approved under Title 23, United States Code. 2-6 SECTION 4. COOPERATION OF METROPOLITAN PLANNING 2-7 ORGANIZATIONS AND DEPARTMENT. A decision of a metropolitan 2-8 planning organization in relation to a Type II project under this 2-9 Act, or a proposed Type II project, shall be made in cooperation 2-10 with the department. 2-11 SECTION 5. APPLICABILITY AND OBJECTIVE. (a) A Type II 2-12 project may be considered by a metropolitan planning organization 2-13 under this Act only where: 2-14 (1) an identifiable highway noise impact occurs; 2-15 (2) noise abatement measures will reduce the highway 2-16 noise impact; and 2-17 (3) the overall noise abatement benefits are 2-18 determined to outweigh: 2-19 (A) the overall adverse social, economic, or 2-20 environmental effects; and 2-21 (B) the cost of the noise abatement measures. 2-22 (b) If a Type II project is considered, the metropolitan 2-23 planning organization should make every reasonable effort to 2-24 obtain substantial reductions of the identifiable highway noise. 2-25 SECTION 6. FUNDING FOR TYPE II PROJECTS. (a) A Type II 2-26 project may be constructed under this Act only with federal funds 2-27 that are available for the project under 23 C.F.R. Part 772. 2-28 (b) State participation in a Type II project under this Act 2-29 is limited to providing matching funds for a Type II project on a 2-30 freeway or parkway that is maintained by the department. 2-31 SECTION 7. RULES. The department shall adopt rules to 2-32 implement this Act no later than January 1, 2000. 2-33 SECTION 8. EFFECTIVE DATE. This Act takes effect September 2-34 1, 1999. 2-35 SECTION 9. EMERGENCY. The importance of this legislation 2-36 and the crowded condition of the calendars in both houses create an 2-37 emergency and an imperative public necessity that the 2-38 constitutional rule requiring bills to be read on three several 2-39 days in each house be suspended, and this rule is hereby suspended. 2-40 * * * * *