HOUSE BILL REPORT

SSB 5389

As Amended by the House

BYSenate Committee on Parks and Ecology (originally sponsored by Senators Kreidler and Bluechel)

Revising noise control requirements for local government.

House Committe on Environmental Affairs

Majority Report:  Do pass with amendments.  (14)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Ferguson, Jesernig, Lux, May, Pruitt, Schoon, D. Sommers, Sprenkle, Unsoeld and Walker.

House Staff:Susan Gulick (786-7116)

AS PASSED HOUSE MARCH 27, 1987

BACKGROUND:

Current law requires the Department of Ecology to establish maximum noise levels for identified environments.  Violations of these noise levels are subject to a civil penalty of up to $100.  Local governments may adopt noise levels that are consistent with the department's rules, and may issue more stringent noise levels only if special conditions exist.  All noise levels adopted by local governments must be approved by the department. The decision of the department may be appealed to the Pollution Control Hearings Board.

The Department of Ecology, due to budgetary constraints, no longer has staff assigned to work on noise control issues.  Currently, there is no formal mechanism for review and approval of proposed local noise control ordinances by the department.

SUMMARY:

BILL AS AMENDED:  Local noise levels that differ from the rules adopted by the Department of Ecology must be approved by the department.  If the department fails to approve or deny the local noise levels within 90 days the noise levels are automatically approved.  If the noise levels are disapproved, the local government may appeal the decision to the Pollution Control Hearings Board.

Local governments may enforce the state noise control rules.  Appeals of penalties imposed by local governments are appealed in accordance with the administrative procedures of the local government.  If there are no local administrative procedures, the appeal will go to the Pollution Controls Hearings Board.

AMENDED BILL COMPARED TO SUBSTITUTE:  The original bill did not provide any review or approval of local noise levels that differ from the state noise levels.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    Washington State Association of Counties; Department of Ecology.

House Committee - Testified Against:      Washington State Department of Transportation; Associated General Contractors; Utility Contractors Association of Washington.

House Committee - Testimony For:    The Department of Ecology currently takes 8-10 months to review and approve local noise levels.  There is no budget or staff in the department to work on noise issues.

House Committee - Testimony Against:      There needs to be some statewide oversight of local noise levels that exceed the state rules.  If separate jurisdictions have different noise levels it will be difficult to conduct a construction project near jurisdictional boundaries.