SNORE Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5107 To amend title 49, United States Code, to establish a program at San Francisco International Airport for purposes of soundproofing residential buildings in surrounding communities. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 14, 2019 Ms. SPEIER (for herself, Ms. ESHOO, Mr. PANETTA, and Mr. RASKIN) intro- duced the following bill; which was referred to the Committee on Trans- portation and Infrastructure A BILL To amend title 49, United States Code, to establish a pro- gram at San Francisco International Airport for pur- poses of soundproofing residential buildings in sur- rounding communities. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Serious Noise Reduc- 4 tion Efforts Act of 2019’’ or the ‘‘SNORE Act of 2019’’. 5 VerDate Sep 11 2014 19:59 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5107.IH H5107 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5107 IH SEC. 2. PROGRAM FOR NOISE MITIGATION NEAR SAN FRAN- 1 CISCO INTERNATIONAL AIRPORT. 2 (a) RESIDENTIAL NOISE MITIGATION NEAR SAN 3 FRANCISCO INTERNATIONAL AIRPORT.—Section 47504 of 4 title 49, United States Code, is amended— 5 (1) in subsection (a)(2)— 6 (A) in subparagraph (D) by striking ‘‘and’’ 7 at the end; 8 (B) in subparagraph (E) by striking the 9 period at the end and inserting ‘‘; and’’; and 10 (C) by adding at the end the following: 11 ‘‘(F) installing residential noise dampening 12 windows, residential noise insulation, and other 13 residential improvements to reduce or to miti- 14 gate the noise impacts of the operation of San 15 Francisco International Airport.’’; 16 (2) in subsection (c)(2)— 17 (A) in subparagraph (E) by striking ‘‘and’’ 18 at the end; 19 (B) in subparagraph (F) by striking the 20 period at the end and inserting ‘‘; and’’; and 21 (C) by adding at the end the following: 22 ‘‘(G) for a program of residential noise mitiga- 23 tion and soundproofing for residential buildings near 24 San Francisco International Airport.’’; and 25 (3) by adding at the end the following: 26 VerDate Sep 11 2014 19:59 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5107.IH H5107 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5107 IH ‘‘(f) RESIDENTIAL NOISE MITIGATION NEAR SAN 1 FRANCISCO INTERNATIONAL AIRPORT.— 2 ‘‘(1) PROGRAM REQUIREMENTS.—Notwith- 3 standing any other provision of law, the Secretary 4 shall approve, and may incur obligations for, a pro- 5 gram submitted under subsection (a) that requires 6 the expenditure of funds made available under sec- 7 tion 48103 for mitigation of aircraft noise less than 8 65 DNL if— 9 ‘‘(A) such program is submitted and oper- 10 ated by San Francisco International Airport; 11 and 12 ‘‘(B) in any 2 consecutive or nonconsecu- 13 tive months in a fiscal year, a total of 10 or 14 more measurements of 75 dBA or greater (on 15 a noise monitor operated or approved by San 16 Francisco International Airport) are taken 17 within a single city or county between the hours 18 of 10 p.m. and 7 a.m. due to San Francisco 19 International Airport operations, including air- 20 craft arriving or departing the airport. 21 ‘‘(2) PROGRAM CONTENTS.—The program de- 22 scribed in paragraph (1) shall propose to soundproof 23 at least 200 residential buildings per fiscal year. 24 Residential buildings proposed for aircraft noise 25 VerDate Sep 11 2014 19:59 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5107.IH H5107 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5107 IH mitigation shall be within any noise-affected location 1 and the noise mitigation may be performed on a res- 2 idence whether or not it is within the 65 DNL con- 3 tour. 4 ‘‘(3) FUNDING.— 5 ‘‘(A) ELIGIBLE FUNDS.—The San Fran- 6 cisco International Airport may use Federal 7 funds, revenue from passenger facility charges 8 authorized under section 40117, and other rev- 9 enue generated by the airport to carry out ac- 10 tivities under the program without regard to 11 any restrictions on the use of such funds under 12 sections 40177 and 47133. 13 ‘‘(B) REMITTANCE OF FUNDS.—As a con- 14 dition of approval of any Federal grants award- 15 ed to San Francisco International Airport after 16 fiscal year 2021, the Airport shall agree that in 17 any fiscal year in which a program is submitted 18 by San Francisco International Airport under 19 paragraph (1) that does not propose noise miti- 20 gation of 200 or more homes, the Airport shall 21 remit to each noise-affected location an amount 22 equal to 10 times the amount of funding pro- 23 vided to the noise-affected location under the 24 Community Development Block Grant Program 25 VerDate Sep 11 2014 19:59 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5107.IH H5107 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5107 IH under title I of the Housing and Community 1 Development Act of 1974 (42 U.S.C. 5301 et 2 seq.) for the previous fiscal year. 3 ‘‘(C) USE OF REMITTED FUNDS.—An air- 4 port disbursing funds to a city or county under 5 this program shall obtain written assurance 6 from the city or county that the funds shall be 7 expended for purposes of noise mitigation and 8 that the funds shall be spent not later than 2 9 fiscal years after the disbursement of funds to 10 the city or county. 11 ‘‘(4) DEFINITIONS.—In this subsection: 12 ‘‘(A) NOISE-AFFECTED LOCATION.—The 13 term ‘noise-affected location’ means any city or 14 county in which ten or more measurements de- 15 scribed in paragraph (1)(B) were taken during 16 the previous fiscal year. 17 ‘‘(B) NOISE MITIGATION.—The term ‘noise 18 mitigation’ means soundproofing and noise 19 dampening, including the installation of noise 20 dampening windows, residential noise insula- 21 tion, and other residential improvements that 22 reduce the impact of noise. 23 VerDate Sep 11 2014 19:59 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5107.IH H5107 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5107 IH ‘‘(C) RESIDENTIAL BUILDING.—The term 1 ‘residential building’ means a single family 2 housing unit or a multifamily housing unit.’’. 3 (b) REVENUE DIVERSION EXCEPTION.—Section 4 47107 of title 49, United States Code, is amended— 5 (1) by redesignating paragraphs (3) through 6 (5) as paragraphs (4) through (6), respectively; and 7 (2) by inserting after paragraph (2) the fol- 8 lowing: 9 ‘‘(3) REVENUE DIVERSION EXCEPTION.—The 10 use of revenue generated by San Francisco Inter- 11 national Airport shall not be considered a diversion 12 as set forth in this or any other section if such rev- 13 enue is used for purposes of conducting a program 14 of residential noise mitigation as described in section 15 47504(f).’’. 16 Æ VerDate Sep 11 2014 19:59 Nov 25, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H5107.IH H5107 pamtmann on DSKBC07HB2PROD with BILLS