Resolve, Directing the Department of Transportation To Amend Its Rules Regarding Noise Abatement Costs

Preamble. Whereas,  under the statewide noise policy adopted by the Department of Transportation, if a highway project results in noise levels that approach or exceed the noise abatement criteria for the corresponding land use category, the area or site subjected to the excessive noise levels may be eligible for a noise abatement program; and

Whereas,  the statewide noise policy limits to $20,000 the maximum cost of noise abatement per affected property; and

Whereas,  this amount has not been adjusted for inflation in many years; now, therefore, be it

Sec. 1. Amendment of statewide noise policy. Resolved: That the Department of Transportation shall amend the eligibility requirements contained in the statewide noise policy adopted pursuant to 23 Code of Federal Regulations, Part 772 (2005) in accordance with this section.

1. The overall cost of abatement of $20,000 per affected property must be adjusted by a factor that represents the annual inflation adjustment for each year between the adoption of the statewide noise policy and the effective date of this resolve and must thereafter be adjusted annually for inflation.

summary

Under the existing statewide noise policy adopted by the Department of Transportation, there is an abatement cost limit of $20,000 per affected property. This resolve requires that the cost limit be adjusted by a factor that represents the annual inflation adjustment for each year since the statewide noise policy was adopted and directs that the amount thereafter be adjusted annually for inflation.