Revision: March 13, 2013, midnight
HB 391-FN – AS INTRODUCED
2013 SESSION
06/03
HOUSE BILL 391-FN
AN ACT relative to highway noise and establishing a commission to study options for mitigation of damages associated with highway noise.
SPONSORS: Rep. Keith Murphy, Hills 7
This bill prohibits the department of transportation from commencing transportation projects unless noise levels from such projects at adjacent residences are determined to be below 65 decibels.
This bill also establishes a commission to consider options for mitigating damages associated with highway noise.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0239
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to highway noise and establishing a commission to study options for mitigation of damages associated with highway noise.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Minimization of Noise Levels. Amend RSA 228 by inserting after section 4-b the following new section:
228:4-c Minimization of Noise Levels. No state highway construction or extension project shall commence unless and until the department certifies that the noise levels resulting from such project impacting any primary residence shall, upon completion, be projected to be below 65 decibels as measured at the exterior wall of such residence at the point nearest the completed project.
2 New Section; Commission to Study Options for Mitigation of Damages Associated With Highway Noise. Amend RSA 228 by inserting after section 15 the following new section:
228:15-a Commission to Study Options for Mitigation of Damages Associated With Highway Noise.
I. There is established a commission to study options for mitigating damages associated with highway noise.
II. The members of the commission shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
(c) The commissioner of the department of transportation, or designee.
(d) A member of the public whose primary residence is exposed to road noise that exceeds 65 decibels, appointed by the speaker of the house of representatives.
III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
IV. The commission shall:
(a) Review all complaints the department has received about road noise since January 1, 2005, and the location of any noise samples exceeding 65 decibels that were taken since that date at properties adjacent to a state highway.
(b) Review data regarding the cost and effectiveness of methods of ameliorating road noise including methods used in New Hampshire, methods used in other states, and methods that are currently in development.
(c) Gather and review information on the effects noise levels above 65 decibels have on
people whose primary residences abut highways, including testimony from affected individuals.
(d) Investigate options for mitigating damages caused by highway noise including compensation, methods detailed by the department, and any other technology that may exist.
V. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.
VI. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2013.
3 Repeal. RSA 228:15-a relative to the commission to study options for mitigating damages associated with highway noise, is repealed.
4 Effective Date.
I. Section 1 of this act shall take effect 60 days after its passage.
II. Section 3 of this act shall take effect November 2, 2013.
III. The remainder of this act shall take effect upon its passage.
LBAO
13-0239
Revised 01/29/13
HB 391 FISCAL NOTE
AN ACT relative to highway noise and establishing a commission to study options for mitigation of damages associated with highway noise.
FISCAL IMPACT:
The Department of Transportation states this bill, as introduced, will increase state expenditures by an indeterminable amount in FY 2013 and each year thereafter. There will be no fiscal impact on state, county, and local revenues, or county and local expenditures.
METHODOLOGY:
The Department of Transportation states this bill prohibits the commencement of any state highway construction or extension project unless and until the Department certifies the noise levels resulting from the project shall be projected to be below 65 decibels upon completion, as measured from the exterior wall of each residence at the point nearest the completed construction. The proposed legislation also establishes a committee to study options for mitigation of damages associated with highway noise. The Department is unable to determine the extent to which the proposed legislation will increase state expenditures as the Department is unable to evaluate the number of residential properties adjacent to planned projects necessary to gain an understanding of the associated costs. The Department notes the costs would be dependent upon the results of any necessary highway traffic noise evaluations and the additional noise abatement measures that would be required in order to keep the noise levels from the project below 65 decibels upon completion.