State & Local Noise Abatement Authority

Plain English: The amendment allows counties and residents to take legal action in court for noise issues that break local government rules, in addition to actions taken by the local government.

• Counties and state residents can now sue for alleged nuisances related to noise levels or hours of operation set by local governments.
• This new right does not limit other existing legal actions based on private nuisance.

• The exact process and requirements for these lawsuits are not detailed in the amendment text.

Plain English: The amendment adds a requirement for municipalities and counties to hold joint public meetings when noise from permitted activities exceeds 60 db(A) at the boundary between them.

• Adds new subsection (c) to section 11 of the bill, which requires a public meeting if noise levels exceed 60 decibels at the boundary line between a municipality and an unincorporated area.

• The amendment text does not specify what happens after the public meeting or how the memorandum of understanding is enforced.
• It's unclear from the provided text whether this new subsection (c) applies to all existing permits or only future ones.

Plain English: The amendment removes certain exemptions for nonprofit entities from noise level limits and adds conditions under which these nonprofits are not exempt.

• Removes lines that previously allowed some nonprofits to be exempt from statewide noise level limits.
• Adds a new condition stating that nonprofits are no longer exempt if they primarily serve as property owners, lessors, or intermediaries for events organized by commercial entertainment venues.
• Specifies that the exemption does not apply when the primary financial benefit of an event goes to a for-profit business entity.

• The exact impact and application of these changes are unclear without additional context about current exemptions and their usage.

Plain English: The amendment changes the rules for noise permits and licenses to ensure they are issued at the lowest level of local government and only apply within that jurisdiction.

• Permits or licenses related to noise levels must be granted by the smallest local government authority possible, not multiple jurisdictions simultaneously.
• A permit or license from a local government is valid only in that specific area where it was issued.

• The amendment text does not specify what happens if there are disputes between different levels of local government about which one should issue the permit.

Plain English: The amendment adds a new clause to the bill that ensures people can still sue for noise-related nuisances even if the noisy activity is permitted or licensed by the state.

• Adds a new section (c) after line 11 on page 3 of the printed bill, stating that permits or licenses do not stop individuals from taking legal action against alleged nuisances.

• The amendment text does not specify what happens if someone sues for a nuisance despite having a permit or license. This detail is left unclear and would need further clarification.

Plain English: The amendment adds new requirements for permits and licenses issued by local governments to control noise pollution, including a mitigation plan, environmental impact assessment, continuous monitoring, public complaint hotline, enforcement mechanisms, and specific event details.

• Adds a requirement for a permit or license to include a detailed mitigation plan with measures like speaker orientation, sound barriers, scheduling limits, and low-frequency controls.
• Requires an environmental and health impact assessment by a qualified third party to ensure that noise impacts are minimized.
• Includes provisions for continuous noise monitoring by a qualified third party during permitted events.
• Specifies the need for a public complaint hotline and escalating enforcement mechanisms such as warnings, fines, and permit revocation.

• The amendment text does not specify how local governments will implement these new requirements or provide funding for them.

Plain English: This amendment adds new rules for outdoor entertainment venues near residential areas, including prohibitions on profane or indecent language and strict penalties for violations.

• Local governments must prohibit the broadcast of profane or indecent language from outdoor entertainment venues within one mile of a residential zone.
• Permit holders are strictly liable for performers' use of profanity and must provide notice to all performers about this rule.
• For each violation, permit holders face penalties starting at $50,000, with higher percentages based on gross ticket sales for repeat offenses.
• Collected fines will be used to help homeowners soundproof their homes and fund independent noise monitoring.

• The exact details of how the penalty amounts are calculated may not be fully clear from this text alone.