Chief Sponsor: Kevin T. Van Tassell

House Sponsor: Johnny Anderson


9     General Description:
10          This bill modifies the Transportation Code by enacting provisions relating to nighttime
11     highway construction noise.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides definitions;
15          ▸     provides that certain state highway construction projects are exempt from any noise
16     ordinance, regulation, or standard of a local jurisdictional authority;
17          ▸     provides that certain state highway construction projects are exempt from noise
18     standards of any local jurisdictional authority if the department meets certain
19     requirements;
20          ▸     requires a local jurisdictional authority or local government to issue a nighttime
21     highway construction noise permit to the Department of Transportation in certain
22     circumstances; and
23          ▸     grants the Department of Transportation rulemaking authority to make rules
24     establishing a procedure for a local jurisdictional authority or local government to
25     appeal the decision of the department to conduct nighttime highway construction on
26     roads in certain circumstances.
27     Money Appropriated in this Bill:
28          None
29     Other Special Clauses:

30          None
31     Utah Code Sections Affected:
32     ENACTS:
33          72-6-112.5, Utah Code Annotated 1953

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 72-6-112.5 is enacted to read:
37          72-6-112.5. Definitions -- Nighttime highway construction noise -- Exemptions --
38     Permits.
39          (1) As used in this section:
40          (a) (i) "Front row receptor" means a noise-sensitive residential receptor that is:
41          (A) immediately adjacent to a transportation facility; or
42          (B) within 800 feet of a transportation facility that is within a commercial or
43     industrialized area.
44          (ii) "Front row receptor" includes a residence that is contiguous to a property
45     immediately adjacent to a transportation facility in a residential area.
46          (b) "Nighttime highway construction" means highway construction occurring between
47     the hours of 10:00 p.m. and 7:00 a.m.
48          (2) A state highway construction project conducted on a road where the normal posted
49     speed limit is 55 miles per hour or greater is exempt from any noise ordinance, regulation, or
50     standard of a local jurisdictional authority.
51          (3) A state highway construction project conducted on a road where the normal posted
52     speed limit is less than 55 miles per hour is exempt from any noise ordinance, regulation, or
53     standard of a local jurisdictional authority if the department:
54          (a) provides reasonable written notice at least 48 hours in advance of any required
55     nighttime highway construction to each residential dwelling located within front row receptors
56     of the activity;
57          (b) determines a net community, including traveler community, benefit exists to

58     conduct nighttime highway construction after considering the following:
59          (i) public health;
60          (ii) project completion time;
61          (iii) air quality;
62          (iv) traffic;
63          (v) economics;
64          (vi) safety; and
65          (vii) local jurisdiction concerns; and
66          (c) institutes best management noise reduction practices, as determined by the
67     department, for front row receptors, in consultation with local government or the local
68     jurisdictional authority for all nighttime highway construction, which may include:
69          (i) equipment maintenance;
70          (ii) noise shielding;
71          (iii) scheduling the most noise intrusive activities during the day; and
72          (iv) other noise mitigation methods.
73          (4) (a) Subject to Subsection (2) or (3), a state highway project shall secure required
74     noise permits from the local jurisdictional authority to conduct nighttime highway construction.
75          (b) To the extent practical, the department shall coordinate with the local jurisdictional
76     authority during the pre-construction phase of a project to address noise exemption conditions.
77          (5) A local jurisdictional authority shall issue a nighttime highway construction noise
78     permit without additional requirements to the department at the request of the department or
79     the department's designated project agent if the requirements of Subsections (2) and (3) are
80     met.
81          (6) (a) For the exemption provided in Subsection (3) and in accordance with Title 63G,
82     Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules establishing
83     procedures:
84          (i) for a local jurisdictional authority or local government to appeal the decision of the
85     department to conduct nighttime highway construction on roads where the normal posted speed

86     limit is less than 55 miles per hour; and
87          (ii) for the local jurisdictional authority to request that the department enforce the terms
88     of a noise permit.
89          (b) After review and upon receiving a written notice from a local jurisdictional
90     authority that the conditions for the noise exemption permit are not met, the department shall
91     take corrective action to ensure nighttime highway construction activities meet requirements of
92     the local permit.