Sec. 8801. Pilot program for sound insulation repair and replacement
718 words·~3 min read·
/bill/119/s/1071/eah/section-8801A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 47109 of title 49, United States Code, is amended by adding at the end the following: With respect to a project to carry out sound insulation that is granted a waiver under section 47110(j), the allowable project cost for such project shall be calculated without consideration of any costs that were previously paid by the Government. . Section 47110 of title 49, United States Code, is amended by adding at the end the following: Not later than 120 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall establish a pilot program at up to two large hub public-use airports for local airport operators that have established a local program to fund secondary noise insulation using nonaeronautical revenue that provides a one-time waiver of the requirement of subsection (b)(4) for a qualifying airport as applied to projects to carry out repair and replacement of sound insulation for a residential building for which the airport previously received Federal assistance or Federally authorized airport assistance under this subchapter if— the Secretary determines that the additional assistance is justified due to the residence containing any sound insulation treatment or other type of sound proofing material previously installed under this subchapter that is determined to be eligible pursuant to paragraph (2); the residence— falls within the Day Night Level
(DNL)of 65 to 75 decibel
(dB)noise contours, according to the most recent noise exposure map (as such term is defined in section 150.7 of title 14, Code of Federal Regulations) available as of the date of enactment of this subsection; fell within such noise contours at the time the initial sound insulation treatment was installed, but a qualified noise auditor has determined that— such sound insulation treatment caused physical damage to the residence; or the materials used for sound insulation treatment were of low quality and have deteriorated, broken, or otherwise no longer function as intended; and is shown through testing that current interior noise levels exceed DNL 45 dB, and the new insulation would have the ability to achieve a 5 dB noise reduction; and the qualifying airport— is a large hub airport (as defined in section 40102 of title 49, United States Code); is located in a dense residential area, with a minimum population of 200,000 residents within a 5-mile radius of the airport; has an established residential sound insulation program that has been operational for at least 30 years and began in the year 1985; is located in a metropolitan statistical area with a population of at least 4,000,000 people; and has at least 22,000,000 enplanements annually. To be eligible for waiver under this subsection for repair or replacement of sound insulation treatment projects, an applicant shall— ensure that the applicant and the property owner have made a good faith effort to exhaust any amounts available through warranties, insurance coverage, and legal remedies for the sound insulation treatment previously installed on the eligible residence; verify the sound insulation treatment for which Federal assistance was previously provided was installed prior to the year 2002; and demonstrate that a qualified noise auditor, based on an inspection of the residence, determined that— the sound insulation treatment for which Federal assistance was previously provided has resulted in structural deterioration that was not caused by failure of the property owner to repair or adequately maintain the residential building or through the negligence of the applicant or the property owner; and the condition of the sound insulation treatment described in subparagraph
(A)is not attributed to actions taken by an owner or occupant of the residence. Notwithstanding any other provision of law, the Secretary shall consider a cost allowable under this subchapter for an airport to conduct periodic surveys of properties in which repair and replacement of sound insulation treatment was carried out as described in paragraph
(1)and for which the airport previously received Federal assistance or Federally authorized airport assistance under this subchapter. The surveys shall be conducted only for those properties for which the airport has identified a property owner who is interested in having a survey be undertaken to assess the current effectiveness of the sound insulation treatment. Such surveys shall be carried out to identify any properties described in the preceding sentence that are eligible for funds under this subsection. .