Representative Kay J. Christofferson proposes the following substitute bill:


1     
NIGHTTIME HIGHWAY CONSTRUCTION NOISE AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kay J. Christofferson

5     
Senate Sponsor: David G. Buxton

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Transportation Code by amending provisions relating to
10     nighttime highway construction.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies definitions related to nighttime highway construction;
14          ▸     requires a local jurisdiction to permit certain activities related to nighttime highway
15     construction;
16          ▸     allows a local jurisdiction to request mitigation for unreasonable noise disturbances
17     caused by nighttime highway construction; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          72-6-112.5, as enacted by Laws of Utah 2016, Chapter 178

26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 72-6-112.5 is amended to read:
29          72-6-112.5. Definitions -- Nighttime highway construction noise -- Exemptions --
30     Permits.
31          (1) As used in this section:
32          (a) (i) "Front row receptor" means a noise-sensitive residential receptor that is:
33          (A) immediately adjacent to a transportation facility; or
34          (B) within 800 feet of a transportation facility that is within a commercial or
35     industrialized area.
36          (ii) "Front row receptor" includes a residence that is contiguous to a property
37     immediately adjacent to a transportation facility in a residential area.
38          (b) "Nighttime highway construction" means highway construction occurring between
39     the hours of 10:00 p.m. and 7:00 a.m.
40          (c) (i) "Permitted activities" means activities occurring between the hours of 7:00 p.m.
41     and 7:00 a.m. that are related to and necessary for nighttime highway construction, whether
42     occurring at the construction site or at a gravel pit or other site for production of raw materials,
43     and includes:
44          (A) loading and unloading of trucks;
45          (B) asphalt mixing and hauling; and
46          (C) concrete mixing and hauling.
47          (ii) "Permitted activities" does not include:
48          (A) blasting;
49          (B) crushing; or
50          (C) operating a vehicle with a backup alarm engaged.
51          (2) A state highway construction project conducted on a road where the normal posted
52     speed limit is 55 miles per hour or greater is exempt from any noise ordinance, regulation, or
53     standard of a local jurisdictional authority.
54          (3) A state highway construction project conducted on a road where the normal posted
55     speed limit is less than 55 miles per hour is exempt from any noise ordinance, regulation, or
56     standard of a local jurisdictional authority if the department:

57          (a) provides reasonable written notice at least 48 hours in advance of any required
58     nighttime highway construction to each residential dwelling located within front row receptors
59     of the activity;
60          (b) determines a net community, including traveler community, benefit exists to
61     conduct nighttime highway construction after considering the following:
62          (i) public health;
63          (ii) project completion time;
64          (iii) air quality;
65          (iv) traffic;
66          (v) economics;
67          (vi) safety; and
68          (vii) local jurisdiction concerns; and
69          (c) institutes best management noise reduction practices, as determined by the
70     department, for front row receptors, in consultation with local government or the local
71     jurisdictional authority for all nighttime highway construction, which may include:
72          (i) equipment maintenance;
73          (ii) noise shielding;
74          (iii) scheduling the most noise intrusive activities during the day; and
75          (iv) other noise mitigation methods.
76          (4) (a) Subject to Subsection (2) or (3), a state highway project shall secure required
77     noise permits from the local jurisdictional authority to conduct nighttime highway construction.
78          (b) To the extent practical, the department shall coordinate with the local jurisdictional
79     authority during the pre-construction phase of a project to address noise exemption conditions.
80          (5) A local jurisdictional authority shall issue a nighttime highway construction permit
81     limited to permitted activities if the applicant provides evidence that the permitted activities are
82     directly related to and necessary for a nighttime highway construction project for which the
83     department has obtained a nighttime highway construction permit from a local jurisdictional
84     authority pursuant to Subsection (2) or (3).
85          [(5)] (6) (a) A local jurisdictional authority shall issue a nighttime highway
86     construction noise permit without additional requirements to the department at the request of
87     the department or the department's designated project agent if the requirements of Subsections

88     (2) and (3) are met.
89          (b) In conjunction with the corrective action described in Subsection (7)(b), a local
90     jurisdictional authority may request adjustments to a noise permit to mitigate unreasonable
91     noise disturbances caused by nighttime highway construction or permitted activities.
92          [(6)] (7) (a) For the exemption provided in Subsection (3) and in accordance with Title
93     63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules
94     establishing procedures:
95          (i) for a local jurisdictional authority or local government to appeal the decision of the
96     department to conduct nighttime highway construction on roads where the normal posted speed
97     limit is less than 55 miles per hour; and
98          (ii) for the local jurisdictional authority to request that the department enforce the terms
99     of a noise permit.
100          (b) After review and upon receiving a written notice from a local jurisdictional
101     authority that the conditions for the noise exemption permit are not met, the department shall
102     take corrective action to ensure nighttime highway construction activities meet requirements of
103     the local permit.