HBA-NIK S.B. 1444 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1444 By: Barrientos State Affairs 5/18/1999 Engrossed BACKGROUND AND PURPOSE Currently, studies are required to determine noise levels in neighborhoods adjacent to proposed transportation construction projects. If harmful noise levels will result from the project, noise barriers called Type I noise barriers must be erected. Type II retrofit noise barriers are allowed, but not required, to be erected, but because Texas does not have a policy on Type II noise barriers, no federal funds can be used to erect them. S.B. 1444 establishes a statewide policy on the construction of Type II noise barriers. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Transportation in SECTION 7 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. FINDINGS. Sets forth the legislative findings. SECTION 2. DEFINITIONS. Defines "department," "metropolitan planning organization," and "Type II project." SECTION 3. PURPOSE. Sets forth the purpose of this Act. SECTION 4. COOPERATION OF METROPOLITAN PLANNING ORGANIZATIONS AND DEPARTMENT. Requires a decision of a metropolitan planning organization in relation to a Type II project under this Act, or a proposed Type II project, to be made in cooperation with the Texas Department of Transportation (department). SECTION 5. APPLICABILITY AND OBJECTIVE. Authorizes a Type II project to be considered by a metropolitan planning organization under this Act only under specified circumstances. Provides that if a Type II project is considered, the metropolitan planning organization should make every reasonable effort to obtain substantial reductions of the identifiable highway noise. SECTION 6. FUNDING FOR TYPE II PROJECTS. Authorizes a Type II project to be constructed under this Act only with federal funds that are available for the project under 23 C.F.R. Part 772 (Procedures for Abatement of Highway Traffic Noise and Construction Noise). Provides that matching funds for all Type II projects under this Act must be provided by a local governmental member of a metropolitan planning organization. Prohibits any state funds from being expended for the study of noise impacts or construction of a Type II project, although the state is authorized to use existing personnel for coordination of contracts, oversight of construction, and maintenance if the project is on a freeway or parkway that is maintained by the department and state right-of-way may be used. SECTION 7. RULES. Requires the department to adopt rules to implement this Act no later than January 1, 2000. SECTION 8. EFFECTIVE DATE. Provides that this Act takes effect September 1, 1999. SECTION 9. EMERGENCY. Emergency clause.