HF 3496

1st Engrossment - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to the environment; modifying exemptions to noise standards; amending
Minnesota Statutes 2004, section 116.07, subdivision 2a.

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

Section 1.

Minnesota Statutes 2004, section 116.07, subdivision 2a, is amended to read:

Subd. 2a.

Exemptions from standards.

No standards adopted by any state agency
for limiting levels of noise in terms of sound pressure which may occur in the outdoor
atmosphere shall apply to (1) segments of trunk highways constructed with federal
interstate substitution money, provided that all reasonably available noise mitigation
measures are employed to abate noise, (2) an existing or newly constructed segment of a
highway, provided that all reasonably available noise mitigation measures, as approved by
the commissioners of the Department of Transportation and Pollution Control Agency,
are employed to abate noise, (3) except for the cities of Minneapolis and St. Paul, an
existing or newly constructed segment of a road, street, or highway under the jurisdiction
of a road authority of a town, statutory or home rule charter city, or county, except for
roadways for which full control of access has been acquired, (4) skeet, trap or shooting
sports clubs, or (5) motor vehicle race events conducted at a facility specifically designed
for that purpose that was in operation on or before July 1, deleted text begin 1983. deleted text end new text begin 1996. Noise generating
activities exempted from state standards under this subdivision are exempt from claims
based on noise brought under section 561.01 and chapters 116B and 116D. new text end Nothing herein
shall prohibit a local unit of government or a public corporation with the power to make
rules for the government of its real property from regulating the location and operation of
skeet, trap or shooting sports clubs, or motor vehicle race events conducted at a facility
specifically designed for that purpose that was in operation on or before July 1, deleted text begin 1983 deleted text end new text begin 1996 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end