HB1533: relative to noise level limitations for permanent machinery.

HB 1533 - AS INTRODUCED

2016 SESSION

16-2546

08/05

HOUSE BILL 1533

AN ACT relative to noise level limitations for permanent machinery.

SPONSORS: Rep. McConnell, Ches. 12; Rep. Emerson, Ches. 11; Rep. J. Belanger, Hills. 27; Rep. Adams, Hills. 26; Rep. Coffey, Hills. 25; Rep. C. Roberts, Hills. 4; Rep. Shepardson, Ches. 10; Rep. Byron, Hills. 20; Rep. B. Tilton, Ches. 12; Sen. Sanborn, Dist 9

COMMITTEE: Municipal and County Government

ANALYSIS

This bill enables towns and cities to regulate noise level limitations for permanent machinery.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2546

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to noise level limitations for permanent machinery.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Noise Limitations; Permanent Stationary Machinery. Amend RSA 31 by inserting after section 41-e the following new section:

31:41-f Noise Limitations; Permanent Stationary Machinery. Towns shall have the power to make bylaws relating to noise level limitations for permanent stationary machinery located within the limits of the town. Such limitations shall specify a noise level not to exceed the ambient background by 10 dBA as measured from the closest property line to the machinery of the facility where the machinery is located. Such bylaws shall include a process for measuring the ambient background noise during the first weeks of January, April, July and September when the machinery is not operating. Each measurement shall be an instantaneous measurement not to exceed 3 seconds. Such bylaws shall also include a process for selecting a person to take the noise level measurements and a process for billing the owner of the permanent stationary machinery for the cost of taking such measurements. Whoever violates such limitation shall be declared a public nuisance and the town may apply for injunctive relief to cease the noise from the permanent stationary machinery.

2 New Subdivision; Noise Limitations for Permanent Stationary Machinery. Amend RSA 47 by inserting after section 28 the following new subdivision:

Noise Limitations for Permanent Stationary Machinery

47:29 Noise Limitations; Permanent Stationary Machinery. The city councils of any city shall have the power to make bylaws relating to noise level limitations for permanent stationary machinery located within the limits of the city. Such limitations shall specify a noise level not to exceed the ambient background by 10 dBA as measured from the closest property line to the machinery of the facility where the machinery is located. Such bylaws shall include a process for measuring the ambient background noise during the first weeks of January, April, July and September when the machinery is not operating. Each measurement shall be an instantaneous measurement not to exceed 3 seconds. Such bylaws shall also include a process for selecting a person to take the noise level measurements and a process for billing the owner of the permanent stationary machinery for the cost of taking such measurements. Whoever violates such limitation shall be declared a public nuisance and the city may apply for injunctive relief to cease the noise from the permanent stationary machinery.

3 Effective Date. This act shall take effect 60 days after its passage.