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SPONSOR: |
Vigil |
DATE TYPED: |
3/01/03 |
HB |
727 |
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SHORT TITLE: |
Noise & Exhaust Control on Certain
Equipment |
SB |
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ANALYST: |
Wilson |
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APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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|
FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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Responses
Received From
Public
Regulation Commission (PRC)
Energy,
Minerals & Natural Resources (EMNRD)
Environment
Department (ED)
SUMMARY
Synopsis
of Bill
House Bill 727 prohibits public utilities from locating equipment in a residential area if it creates a public nuisance. If the utility cannot move the equipment, it must provide noise and fume or exhaust abatement or enclose and ventilate the equipment in such a way that the public nuisance is eliminated.
HB 727 has an emergency clause.
Significant
Issues
The state Air Quality Control Act and
corresponding regulations require all air emission sources in the state
demonstrate complance with state and federal ambient air quality
standards. The federal standards
address public health concerns, and state standards address public health and
welfare concerns. The federal and state standards are well defined and very
specific; they are based on scientific data and are intended to protect human
health and the environment.
In order
for a public utility to emit air contaminants, the utility must submit an
application to the ED. The application
is reviewed to ensure compliance with all federal and state requirements. The utility is then authorized to emit air
contaminants within the limits imposed.
The definition of “public nuisance” in HB 727 is
very broad and very vague. Given the
breadth of the definition, virtually any public utility could be subject to the
provisions of HB 727. Thus, even though
a public utility has an air permit from ED and is operating in compliance with
all federal and state standards, the utility could nonetheless be subject to
moving equipment and ceasing operations as a result of the restrictions in HB
727. The utility would not then be able
to fulfill its requirement to serve the public.
HB 727 does not define “residential area.” Therefore, any person who lives within an
unspecified proximity of the facility could claim public nuisance and impose
severe limiting and undefined requirements upon existing or proposed utilities.