Bill Text: CT HB05458 | 2016 | General Assembly | Introduced

---

Bill Title: An Act Concerning Maximum Decibel Levels.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2016-02-26 - Public Hearing 03/02 [HB05458 Detail]

Download: Connecticut-2016-HB05458-Introduced.html

---

General Assembly		Raised Bill No. 5458
February Session, 2016		LCO No. 1897
		*01897_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)

AN ACT CONCERNING MAXIMUM DECIBEL LEVELS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 22a-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) The commissioner may develop, adopt, maintain and enforce a comprehensive state-wide program of noise regulation which may include, but need not be limited to the following: (1) Controls on environmental noise through the regulation and restriction of the use and operation of any stationary noise source; (2) ambient noise standards for stationary noise sources which in the commissioner's judgment are major sources of noise when measured from beyond the property line of such source and such standards shall be feasible and requisite to protect the public health, safety and welfare; such standards may include, but need not be limited to, adoption by reference of standards or regulations adopted by the administrator of the United States Environmental Protection Agency pursuant to the Noise Control Act of 1972 (P.L. 92-574) or any amendment thereto; (3) consultation with state and local governmental agencies when such agencies adopt and enforce codes, standards and regulations dealing with noise insulation and abatement for any occupancy or class of occupancy; (4) controls on airport and aircraft noise to the extent not preempted by federal law; nor shall the state preempt power of local governments, in their capacity as proprietors of airports or under police powers; and (5) controls on noise levels in movie theaters and entertainment venues.

(b) (1) Any regulation promulgated pursuant to this chapter shall be adopted pursuant to chapter 54 and shall be one which, in the judgment of the commissioner, is requisite to protect the public health, safety and welfare, taking into account the magnitude and conditions of use or operation of the stationary noise source involved, alone or in combination with other such sources, the degree of noise reduction achievable through the application of the best available and practical technology, taking into consideration technology which may be available at the time the regulation becomes effective.

(2) Regulations promulgated pursuant to the authority of this chapter may be applicable throughout the state or to such parts or regions thereof specifically designated in such regulations.

(3) The commissioner shall adopt regulations providing for the granting of individual variances from the provisions of this chapter, whenever it is found, upon presentation by the petitioner of adequate proof, that compliance with any provision of this chapter, any regulation promulgated under it or an order of the commissioner would impose an arbitrary or unreasonable hardship.

Sec. 2. (NEW) (Effective October 1, 2016) The owner or operator of any movie theater or entertainment venue where the decibel level is likely to exceed any maximum decibel level developed or adopted by the commissioner pursuant to section 22a-69 of the general statutes, as amended by this act, shall post a notice in a conspicuous place in such movie theater or venue (1) warning patrons of the potential for decibel levels in the theater or venue to cause harm to hearing, and (2) stating the names and telephone numbers of the Department of Energy and Environmental Protection and municipal officials to whom patrons may complain of excessive noise levels.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2016	22a-69
Sec. 2	October 1, 2016	New section

Statement of Purpose:

To allow the Commissioner of Energy and Environmental Protection to develop, adopt, maintain and enforce controls on noise levels in movie theaters and entertainment venues and to require owners or operators of movie theaters and entertainment venues to post certain notices when such noise levels are likely to be exceeded.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]