BILL REQ. #:  H-2045.1 

Read first time 02/20/2007.   Referred to Committee on Transportation.

     AN ACT Relating to noise abatement in transportation projects; amending RCW 70.107.030; and adding a new chapter to Title 47 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that inadequately mitigated noise related to roadway construction projects adversely affects citizens' quality of life and property value. The legislature further finds that existing policies and practices fail to adequately mitigate such noise. The purpose of this chapter is to establish more stringent standards for noise mitigation as it relates to certain transportation projects, thereby providing additional protection for and increased enjoyment of our communities.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "A-weighted decibel" or "dBA" means the statistically weighted scale that most closely represents the range of human hearing.
     (2) "Abatement" means reduction in degree or intensity.
     (3) "Affected community" means every residence, motel, hotel, school, church, library, hospital, picnic area, recreation area, playground, and active sports area, that is located fully or partially within five hundred feet of any road construction project, and also means the neighborhood in which each such structure is located.
     (4) "Decibel" or "dB" means a unit for measuring sound.
     (5) "Department" means the department of transportation.
     (6) "Existing noise level" means the level of exterior natural and man-made noises considered to be usually present within a particular area's acoustic environment absent noises attributed to, or predicted to be attributed to, construction of any roadway construction project, measured in A-weighted decibels.
     (7) "Impacted community" means one or more structures in an affected community that has either an existing noise level or a predicted noise level of 60 dBA or greater.
     (8) "Predicted noise level" means the estimated exterior noise level, based on the worst traffic noise conditions likely to occur on a regular basis for existing and future conditions, measured in A-weighted decibels.
     (9) "Residence" means any single or multiunit dwelling.
     (10) "Roadway construction project" or "project" means all highway and other road projects that involve constructing a new roadway, making significant changes to the horizontal or vertical alignment of a roadway, increasing the number of through traffic lanes on an existing roadway, and retrofitting roadways for noise abatement.

NEW SECTION.  Sec. 3   For every roadway construction project, the department shall, consistent with the federal noise control act of 1972 (86 Stat. 1234; 42 U.S.C. Sec. 4901-4918) and federal noise abatement standards established in Title 23 U.S.C.:
     (1) Analyze and determine the exterior existing noise level of every affected community;
     (2) Analyze and determine the exterior predicted noise level of every affected community;
     (3) If the boundaries of a neighborhood are not clear, define the boundaries of a neighborhood after consultation with affected community members; and
     (4) If any affected community is an impacted community:
     (a) Identify all mitigation alternatives;
     (b) Obtain and consider input from members of the affected communities on mitigation alternatives;
     (c) Based on community input, identify the preferred mitigation alternative and proceed with mitigation efforts if the department determines that mitigation is both feasible and reasonable under sections 4 and 5 of this act; and
     (d) Document its findings, conclusions, and community input in a traffic noise report.

NEW SECTION.  Sec. 4   (1) Except for communities that are in transition from residential to commercial or industrial use, mitigation is deemed feasible if the department determines that, based on engineering constraints, the preferred mitigation alternative is able to be constructed and will provide at least ten impacted community structures with a 5 dBA or more reduction in noise based on ground floor activities.
     (2) For communities that are in transition from residential to commercial or industrial use, the department shall establish rules to define feasibility.

NEW SECTION.  Sec. 5   The department shall establish rules to define reasonableness, which must include reasonableness allowances on a per structure basis for design-year traffic sound decibel levels beginning at 60 dBA. Reasonableness allowances will provide for allowable:
     (1) Noise level increase as a result of the product, measured in A-weighted decibels;
     (2) Wall surface area per qualified structure, which must be at least one thousand square feet; and
     (3) Cost per qualified structure.

Sec. 6   RCW 70.107.030 and 1974 ex.s. c 183 s 3 are each amended to read as follows:
     The department is empowered as follows:
     (1) Except for noise mitigation requirements and maximum noise levels established in chapter 47.-- RCW (sections 1 through 5 of this act), the department, after consultation with state agencies expressing an interest therein, shall adopt, by rule, maximum noise levels permissible in identified environments in order to protect against adverse affects of noise on the health, safety and welfare of the people, the value of property, and the quality of environment: PROVIDED, That in so doing the department shall take also into account the economic and practical benefits to be derived from the use of various products in each such environment, whether the source of the noise or the use of such products in each environment is permanent or temporary in nature, and the state of technology relative to the control of noise generated by all such sources of the noise or the products.
     (2) At any time after the adoption of maximum noise levels under subsection (1) of this section the department shall, in consultation with state agencies and local governments expressing an interest therein, adopt rules, consistent with the Federal Noise Control Act of 1972 (86 Stat. 1234; 42 U.S.C. Sec. 4901-4918 and 49 U.S.C. Sec. 1431), for noise abatement and control in the state designed to achieve compliance with the noise level adopted in subsection (1) of this section, including reasonable implementation schedules where appropriate, to insure that the maximum noise levels are not exceeded and that application of the best practicable noise control technology and practice is provided. These rules may include, but shall not be limited to:
     (a) Performance standards setting allowable noise limits for the operation of products which produce noise;
     (b) Use standards regulating, as to time and place, the operation of individual products which produce noise above specified levels considering frequency spectrum and duration: PROVIDED, The rules shall provide for temporarily exceeding those standards for stated purposes; and
     (c) Public information requirements dealing with disclosure of levels and characteristics of noise produced by products.
     (3) The department may, as desirable in the performance of its duties under this chapter, conduct surveys, studies and public education programs, and enter into contracts.
     (4) The department is authorized to apply for and accept moneys from the federal government and other sources to assist in the implementation of this chapter.
     (5) The legislature recognizes that the operation of motor vehicles on public highways as defined in RCW 46.09.020 contributes significantly to environmental noise levels and directs the department, in exercising the rule-making authority under the provisions of this section, to give first priority to the adoption of motor vehicle noise performance standards.
     (6) Noise levels and rules adopted by the department pursuant to this chapter shall not be effective prior to March 31, 1975.

NEW SECTION.  Sec. 7   Sections 1 through 5 of this act constitute a new chapter in Title 47 RCW.