1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to highways; providing for noise abatement 1.3 along freeways and expressways; requiring annual 1.4 reports to the legislature on noise abatement studies 1.5 and programs; amending Minnesota Statutes 1994, 1.6 sections 116.07, subdivision 2a; 160.02, by adding a 1.7 subdivision; and 161.125, subdivision 1. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1994, section 116.07, 1.10 subdivision 2a, is amended to read: 1.11 Subd. 2a. [EXEMPTIONS FROM STANDARDS.] No standards 1.12 adopted by any state agency for limiting levels of noise in 1.13 terms of sound pressure which may occur in the outdoor 1.14 atmosphere shall apply to (1)segments of trunk highways1.15constructed with federal interstate substitution money, provided1.16that all reasonably available noise mitigationan existing or 1.17 newly constructed segment of a freeway or expressway, as defined 1.18 in section 160.02, provided that all reasonable measures, as 1.19 approved by the commissioners of the department of 1.20 transportation and the pollution control agency, are employed to 1.21 abate noise, (2) an existing or newly constructed segment of a 1.22 highway that is not operated as a freeway or expressway, (3) 1.23 skeet, trap or shooting sports clubs, or(3) the holding of(4) 1.24 motor vehicle race events conducted at a facility specifically 1.25 designed for that purpose that was in operation on or before 1.26 July 1, 1983. Nothing herein shall prohibit a local unit of 2.1 government or a public corporation with the power to make rules 2.2 for the government of its real property from regulating the 2.3 location and operation of skeet, trap or shooting sports clubs, 2.4 orthe holding ofmotor vehicle race events conducted at a 2.5 facility specifically designed for that purpose that was in 2.6 operation on or before July 1, 1983. 2.7 Sec. 2. Minnesota Statutes 1994, section 160.02, is 2.8 amended by adding a subdivision to read: 2.9 Subd. 16. [FREEWAY OR EXPRESSWAY.] "Freeway" or 2.10 "expressway" means a divided, controlled-access highway with 2.11 four or more lanes. 2.12 Sec. 3. Minnesota Statutes 1994, section 161.125, 2.13 subdivision 1, is amended to read: 2.14 Subdivision 1. [IMPLEMENTATION.] The commissioner of 2.15 transportation shall, in accordance with the department's2.16program,implementsounda noise abatement study and noise 2.17 abatement measures within or along the perimeter ofany2.18interstate or trunk highway withinfreeways and expressways in 2.19 incorporated areaslocated within the metropolitan area or any2.20municipality whenever the noise level attributable to vehicular2.21traffic at the abutting residential property line is in excess2.22of the federal noise standards. The commissioner shall utilize2.23federal matching funds available for constructing and2.24maintaining sound abatement measures. No standard adopted by2.25any state agency for limiting levels of noise in terms of sound2.26pressure in the outdoor atmosphere shall apply to any interstate2.27highway, or to any trunk highway segment constructed or2.28reconstructed with federal interstate substitution funds,2.29provided that all reasonable mitigating measures are used to2.30abate noisecontingent on the availability of funding, in 2.31 accordance with section 116.07, subdivision 2a. The 2.32 commissioner shall report to the legislature by February 1 of 2.33 each year on noise abatement studies and measures undertaken 2.34 during the previous calendar year and planned for the next three 2.35 years under this subdivision.