Peaceful Learning Act of 2018
This bill directs the Department of Transportation (DOT) to enter into an agreement with the National Academy of Sciences to study railway noise in the United States.
DOT must: (1) establish a single system of measuring railway noise that has a highly reliable relationship between projected railway noise exposure and surveyed reactions of individuals to noise and is applied uniformly in measuring railway noise near urbanized areas, (2) establish a single system for determining the exposure of individuals to railway noise in urbanized areas, and (3) determine minimum standards for railway noise levels on the property of a school located in an urbanized area.
Each rail operator shall submit to DOT a noise exposure map showing any areas of nonconforming railway noise levels that adversely impact a school located in an urbanized area and are caused by operations of the rail operator. Rail operators who submit a noise exposure map may also submit a noise compatibility program. DOT may award grants to carry out noise compatibility projects.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5691 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5691
To direct the Secretary of Transportation to establish a program to
provide grants to carry out projects to reduce railway noise levels
that adversely impact schools located in urbanized areas, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2018
Mr. Crowley introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to establish a program to
provide grants to carry out projects to reduce railway noise levels
that adversely impact schools located in urbanized areas, 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 ``Peaceful Learning Act of 2018''.
SEC. 2. DEFINITIONS.
(a) In General.--Except as otherwise specifically provided, in this
Act the definitions in section 5302 of title 49, United States Code,
shall apply.
(b) Additional Definitions.--In this Act, the following additional
definitions apply:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given that term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Rail operator.--The term ``rail operator'' means an
owner or operator of a fixed rail public transportation
facility.
(3) Railway noise.--The term ``railway noise'' means noise
caused by a fixed rail public transportation facility.
(4) School.--The term ``school'' means an elementary school
or a secondary school (as those terms are defined in section
9101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)).
SEC. 3. RAILWAY NOISE STUDY.
(a) In General.--The Secretary of Transportation shall enter into
an agreement with the National Academy of Sciences to conduct a study
on railway noise in the United States.
(b) Contents of Study.--In conducting the study, the National
Academy of Sciences shall examine--
(1) the threshold of railway noise at which health begins
to be affected;
(2) the effectiveness of noise abatement programs for
railway noise on the property of a school;
(3) the impacts of railway noise on schools; and
(4) the noise assessment practices of the Department of
Transportation and whether such practices fairly and accurately
reflect the burden of noise on communities.
(c) Report.--Not later than 12 months after the date of the
agreement entered into under subsection (a), the National Academy of
Sciences shall transmit to the Secretary a report on the results of the
study. Upon receipt of the report, the Secretary shall transmit a copy
of the report to the appropriate committees of Congress.
SEC. 4. NOISE MEASUREMENT AND EXPOSURE SYSTEMS.
Not later than 12 months after the date of submission of the report
under section 3, in consultation with the Administrator of the
Environmental Protection Agency and Government, State, and interstate
agencies that the Secretary of Transportation considers appropriate,
the Secretary shall by regulation--
(1) establish a single system of measuring railway noise
that--
(A) has a highly reliable relationship between
projected railway noise exposure and surveyed reactions
of individuals to noise; and
(B) is applied uniformly in measuring railway noise
near urbanized areas;
(2) establish a single system for determining the exposure
of individuals to railway noise in urbanized areas, including
noise intensity, duration, frequency, and time of occurrence;
and
(3) based on the findings of the report required under
section 3, determine minimum standards for railway noise levels
on the property of a school located in an urbanized area.
SEC. 5. NOISE EXPOSURE MAPS.
(a) Submission and Preparation.--Not later than 12 months after the
date of issuance of regulations under section 4, each rail operator
shall submit to the Secretary of Transportation a noise exposure map
showing any areas of nonconforming railway noise levels (based on the
standards developed under section 4) that--
(1) adversely impact a school located in an urbanized area;
and
(2) are caused by operations of the rail operator.
(b) Revised Maps.--If a change in the rail operations of rail
operator described in subsection (a) establishes a substantial new
nonconforming noise level on the property of a school located in an
urbanized area, or significantly reduces nonconforming noise levels on
the property of such a school, that is not reflected in the noise
exposure map, the rail operator shall submit a revised noise exposure
map to the Secretary showing the new nonconforming noise levels or
noise level reduction.
SEC. 6. NOISE COMPATIBILITY PROGRAMS.
(a) Program Submission.--A rail operator that submitted a noise
exposure map under section 5 may submit a noise compatibility program
to the Secretary of Transportation after--
(1) consulting with public agencies and planning
authorities in the area covered by the map; and
(2) notice and an opportunity for a public hearing.
(b) Contents of Program.--A program submitted under subsection (a)
shall state the measures the rail operator has taken or proposes to
take to reduce existing nonconforming noise levels on the property of a
school and prevent creating additional nonconforming noise levels in
the area covered by the map. The measures may include constructing
barriers or acoustical shielding and soundproofing of schools subject
to a nonconforming noise level.
(c) Approvals.--The Secretary shall approve or disapprove a program
submitted under subsection (a) of this section not later than 180 days
after receiving it. The Secretary shall approve the program if the
program--
(1) is reasonably consistent with achieving the goal of
reducing nonconforming noise levels on the property of a school
and preventing the introduction of additional nonconforming
noise levels on the property of a school; and
(2) provides for necessary revisions because of a revised
map submitted under section 5.
(d) Grants.--The Secretary may incur obligations to make grants
from amounts available under section 8 to carry out a project under a
part of a noise compatibility program approved under subsection (c). A
grant may be made to a rail operator submitting the program to carry
out the program directly or in cooperation with--
(1) a local educational agency of a school that is subject
to nonconforming noise levels; or
(2) a unit of local government in the area surrounding the
school that has nonconforming noise levels.
(e) Federal Share.--The Federal share of a project for which a
grant is made under subsection (d) is 80 percent of the cost of the
project.
SEC. 7. NONADMISSIBILITY OF NOISE EXPOSURE MAP AND RELATED INFORMATION
AS EVIDENCE.
No part of a noise exposure map or related information described in
section 5 that is submitted to, or prepared by, the Secretary of
Transportation and no part of a list of land uses the Secretary
identifies as normally compatible with various exposures of individuals
to noise may be admitted into evidence or used for any other purpose in
a civil action asking for relief for noise resulting from the operation
of a fixed rail public transportation facility.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated from the Mass Transit
Account of the Highway Trust Fund under section 5338 of title 49,
United States Code, such funds as may be necessary to carry out this
Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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