Negating Neighborhood Noise Act
Bill: H.R.6801 | Sponsor: Rep. Williams, Nikema (D-GA)
Policy area: Transportation and Public Works

Summary:
Negating Neighborhood Noise Act
This bill permits the use of funds from the Highway Trust Fund to construct certain Type II noise barriers along federal-aid highways.
The bill also makes the planning, design, preservation, or construction of such noise barriers eligible for surface transportation block grant program funding.
The Department of Transportation must ensure such noise barriers may be used as multipurpose noise barriers. Multipurpose noise barrier is defined as any noise barrier that provides a secondary beneficial use, including a barrier that hosts or accommodates renewable energy generation facilities, electrical transmission and distribution infrastructure, or broadband infrastructure and conduits.

To amend the National Highway System Designation Act of 1995 to permit 
the construction of certain noise barriers with funds from the Highway 
                  Trust Fund, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Negating Neighborhood Noise Act''.

SEC. 2. PERMITTING USE OF HIGHWAY TRUST FUND FOR CONSTRUCTION OF 
              CERTAIN NOISE BARRIERS.

    Section 339(b) of the National Highway System Designation Act of 
1995 (23 U.S.C. 109 note) is amended to read as follows:
            ``(1) General rule.--No funds made available out of the 
        Highway Trust Fund may be used to construct a Type II noise 
        barrier (as defined by section 772.5 of title 23, Code of 
        Federal Regulations) pursuant to subsections (h) and (i) of 
        section 109 of title 23, United States Code.
            ``(2) Exceptions.--Paragraph (1) shall not apply to 
        construction or preservation of a Type II noise barrier if such 
        a barrier--
                    ``(A) was not part of a project approved by the 
                Secretary before November 28, 1995;
                    ``(B) is proposed along lands that were developed 
                or were under substantial construction before approval 
                of the acquisition of the rights-of-ways for, or 
                construction of, the existing highway; or
                    ``(C) as determined and applied by the Secretary, 
                separates a highway or other noise corridor from a 
                group of structures of which the majority of such 
                structures closest to the highway or noise corridor--
                            ``(i) are residential in nature; and
                            ``(ii) are at least 10 years old as of the 
                        date of the proposal of the barrier project.''.

SEC. 3. ELIGIBILITY FOR SURFACE TRANSPORTATION BLOCK GRANT FUNDS.

    Section 133 of title 23, United States Code, is amended--
            (1) in subsection (b) by adding at the end the following:
            ``(25) Planning, design, preservation, or construction of a 
        Type II noise barrier (as described in section 772.5 of title 
        23, Code of Federal Regulations) and consistent with the 
        requirements of section 339(b) of the National Highway System 
        Designation Act of 1995 (23 U.S.C. 109 note).''; and
            (2) in subsection (c)(2) by striking ``and paragraph (23)'' 
        and inserting ``, paragraph (23), and paragraph (25)''.

SEC. 4. MULTIPURPOSE NOISE BARRIERS.

    (a) In General.--The Secretary of Transportation shall ensure that 
a noise barrier constructed or preserved under section 339(b) of the 
National Highway System Designation Act of 1995 (23 U.S.C. 109 note) or 
with funds made available under title 23, United States Code, may be a 
multipurpose noise barrier.
    (b) State Approval.--A State, on behalf of the Secretary, may 
approve accommodation of a secondary beneficial use on a noise barrier 
within a right-of-way on a Federal-aid highway.
    (c) Definitions.--
            (1) Multipurpose noise barrier.--The term ``multipurpose 
        noise barrier'' means any noise barrier that provides a 
        secondary beneficial use, including a barrier that hosts or 
        accommodates renewable energy generation facilities, electrical 
        transmission and distribution infrastructure, or broadband 
        infrastructure and conduit.
            (2) Secondary beneficial use.--The term ``secondary 
        beneficial use'' means an environmental, economic, or social 
        benefit in addition to highway noise mitigation.

SEC. 5. AESTHETICS.

    A project sponsor constructing or preserving a noise barrier under 
section 339(b) of the National Highway System Designation Act of 1995 
(23 U.S.C. 109 note) or with funds made available under title 23, 
United States Code, shall consider the aesthetics of the proposed noise 
barrier, consistent with the latest version of the Noise Barrier Design 
Handbook published by the Federal Highway Administration of the 
Department of Transportation.
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