District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0040 Compare Versions

Only one version of the bill is available at this time.

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5	5	COUNCIL OF THE DISTRICT OF COLUMBIA
6	6	OFFICE OF COUNCILMEMBER BROOKE PINTO
7	7	THE JOHN A. WILSON BUILDING
8	8	1350 PENNSLYVANIA AVENUE, N.W., SUITE 106
9	9	WASHINGTON, D.C. 20004
10	10
11	11	January 18, 2023
12	12	Nyasha Smith, Secretary
13	13	Council of the District of Columbia
14	14	1350 Pennsylvania Avenue N.W.
15	15	Washington, DC 20004
16	16	Dear Secretary Smith,
17	17	Today, along with Councilmember Brianne K. Nadeau, I am introducing the Vehicular Noise
18	18	Reduction Act of 2023. Please find enclosed a signed copy of the legislation.
19	19	The purpose of the Vehicular Noise Reduction Act is to reduce vehicular noise in the District by
20	20	(1) implementing a noise camera pilot program; (2) creating a vehicle repair subsidy program to
21	21	offset costs of vehicle repairs; and (3) commissioning a DDOT and DOEE study on strategies to
22	22	reduce vehicular and transit noise in the District.
23	23	Excessive vehicle noise, including noise caused by defective or altered muffler and exhaust
24	24	systems and roadway noise from tires on pavement, is disruptive in myriad ways to District
25	25	residents’ lives, including interrupting sleep;
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27	27	creating noise barriers to communication in business,
28	28	educational, and social settings;
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30	30	and creating continuous, high levels of noise, commonly referred
31	31	to as “noise pollution,” that can lead to various health and developmental issues.
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33	33	Noise pollution, both during the day and at night, has serious effects on District residents’ physical
34	34	and mental health. Noise pollution is correlated to increased anxiety, depression, heart disease,
35	35	cognitive impairments, and strokes. Continuous exposure to high noise levels can also bring about
36	36	the “flight or fight” response within the body, triggering stress hormones that contribute to elevated
37	37	blood pressure, accelerated heart rates, and disrupted digestive systems. Sleep interruption from
38	38	loud and continuous noises can inhibit child development, learning, mood regulation, and optimal
39	39	healing from injuries, even when a person is never actually awoken by the noise.
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41	41	Noise pollution from vehicles is also an equity issue in our city, as communities of color,
42	42	immigrants, and people with low incomes are more likely to live near roadways with elevated and
43	43	constant vehicular noise and are thus at greater risk of experiencing these negative health impacts.
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46	46	This legislation, through its three-pronged approach, will aid in reducing vehicle noise in the
47	47	District and provide an opportunity to understand further noise-reduction options that may be
48	48	available to lower vehicular noise and improve equity, quality of life, and health for District
49	49	residents, workers, and visitors. Should you have any questions about this legislation, please contact my Legislative Counsel,
50	50	Kristin Ewing, at kewing@dccouncil.gov.
51	51	Thank you,
52	52
53	53	Brooke Pinto _______________________________ _______________________________
54	54	Councilmember Brianne K. Nadeau Councilmember Brooke Pinto
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57	57	1
58	58	A BILL 2
59	59	__________ 3
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62	62	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
63	63	_________________ 7
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66	66	To establish a noise camera demonstration project using acoustic imaging technology to identify 10
67	67	violators of District motor vehicle noise law, to require reporting on the demonstration 11
68	68	project to the Council, to set certain calibration requirements for a photo noise violation 12
69	69	monitoring device, to require operator training for a photo noise violation monitoring 13
70	70	device, to prescribe the parameters for the use of a photo noise violation monitoring 14
71	71	device image, to state the evidentiary value of a photo noise violation monitoring device 15
72	72	image, to conduct a study of vehicular and traffic noise-reducing strategies, and to 16
73	73	establish a subsidy program for car repairs related to noise violations. 17
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75	75	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
76	76	act may be cited as the “Vehicular Noise Reduction Act of 2023”. 20
77	77	Sec. 2. Definitions. 21
78	78	For the purposes of this act, the term: 22
79	79	(1) “Decibel reader” means a measuring instrument used to assess noise or sound levels 23
80	80	by measuring sound pressure expressed in decibel (dB) units. 24
81	81	(2) “Motor vehicle noise limits” means the noise limits prescribed pursuant to 20 DCMR 25
82	82	§ 2811. 26
83	83	(3) “Operator of a photo noise violation monitoring device” means a natural or legal 27
84	84	person authorized to set up, test, or operate the noise violation monitoring device described 28
85	85	herein. 29
86	86	(4) “Photo noise violation monitoring device” means one or more mobile or fixed vehicle 30
87	87	sensors installed to work in conjunction with one or more noise measuring apparatuses such as a 31
88	88	decibel reader which automatically produces two or more photographs, two or more 32
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90	90	microphotographs, a videotape, or other recorded images of each motor vehicle at the time it is 33
91	91	used or operated in violation of the motor vehicle noise limits pursuant to 20 DCMR § 2811. 34
92	92	Sec. 3. Photo noise violation monitoring device program established. 35
93	93	The District Department of Transportation (“DDOT”), in consultation with the 36
94	94	Department of Energy and Environment (“DOEE”), shall establish a two-year demonstration 37
95	95	program of photo noise violation monitoring devices using acoustic imaging technology to 38
96	96	identify violators of District motor vehicle noise law pursuant to 20 DCMR § 2811. 39
97	97	Sec. 4. Violations authorization and fines. 40
98	98	(a) The Mayor is authorized to use a photo noise violation monitoring device to detect 41
99	99	noise violations. Proof of a violation may be evidenced by information obtained through the use 42
100	100	of a photo noise violation monitoring device. 43
101	101	(b) The Mayor shall impose a fine for a violation detected by a photo noise violation 44
102	102	monitoring device. 45
103	103	Sec. 5. Demonstration program implementation. 46
104	104	As part of the implementation of the demonstration program, DDOT shall: 47
105	105	(a) Conduct an acoustical engineering study to determine appropriate noise detection 48
106	106	equipment and placement location options; 49
107	107	(b) Consult with ward Councilmembers to determine best noise camera placement 50
108	108	locations within their ward; 51
109	109	(c) Test photo noise violation monitoring devices to determine the most appropriate 52
110	110	device for use in the District; 53
111	111	(d) Provide a report to the Council describing how the placement of each noise detection 54
112	112	device was determined; 55
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114	114	(e) Install signs giving notice to approaching motor vehicle operators where a photo 56
115	115	noise violation monitoring device is in use; 57
116	116	(f) Install at least 2 photo noise violation monitoring locations in each of the 8 District 58
117	117	Wards; and 59
118	118	(g) Collect appropriate data on the effectiveness of the photo noise violation monitoring 60
119	119	devices. 61
120	120	Sec. 6. Demonstration program reporting. 62
121	121	One year after the effective date of this act and 60 days after the conclusion of the 63
122	122	demonstration project, DDOT shall submit a report on the results of the demonstration program 64
123	123	to the Council. The report shall include: 65
124	124	(a) The locations where and dates when photo noise violation monitoring devices were 66
125	125	used; 67
126	126	(b) The total number of violations recorded by photo noise violation monitoring devices 68
127	127	on a daily, weekly and monthly basis; 69
128	128	(c) The total number of notices of violation issued for violations recorded by the installed 70
129	129	devices; 71
130	130	(d) The number of fines and total amount of fines paid after the first notice of violation 72
131	131	issued for violations recorded by the devices; 73
132	132	(e) The number of violations adjudicated and the results of such adjudications including 74
133	133	breakdowns of dispositions made for violations recorded by the devices; 75
134	134	(f) The total amount of revenue realized by the District in connection with the program; 76
135	135	(g) A cost-benefit analysis of the different types of technology tested pursuant to this act; 77
136	136	(h) The expenses incurred by the District in connection with the demonstration program; 78
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138	138	and 79
139	139	(i) A description of the quality of the adjudication process and its results. 80
140	140	Sec. 7. Calibration requirements for photo noise violation monitoring devices. 81
141	141	(a) No photo noise violation monitoring device shall be used unless it has undergone a 82
142	142	calibration check performed pursuant to this section. 83
143	143	(1) Each photo noise violation monitoring device shall undergo: 84
144	144	(A) An annual calibration check performed by an independent calibration 85
145	145	laboratory which shall issue a signed certificate of calibration; and 86
146	146	(B) A successfully passed self-test of its functions on the day it is used to 87
147	147	record a noise violation; 88
148	148	(2) The department shall keep each annual certificate of calibration on file until 89
149	149	the final resolution of all cases involving a notice of violation issued during the year which were 90
150	150	based on photographs, microphotographs, videotape, or other recorded images produced by the 91
151	151	photo noise violation monitoring device. 92
152	152	(3) It shall be a defense to any prosecution for a violation of motor vehicle noise 93
153	153	limits pursuant to this section that a photo noise violation monitoring device was malfunctioning 94
154	154	at the time of the alleged violation. 95
155	155	Sec. 8. Operator training for photo noise violation monitoring devices. 96
156	156	(a) Operators of a photo noise violation monitoring device shall have completed training 97
157	157	in the procedures for setting up, testing, and operating the device. 98
158	158	(b) Each operator shall maintain a daily camera log report for each device that states: 99
159	159	(1) The date and time when, and the location where, the device was set up that 100
160	160	day; and 101
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162	162	(2) That the operator successfully performed, and the device passed, the self-tests 102
163	163	of the device before producing a recorded image that day. 103
164	164	(c) The District shall retain each daily camera log report until the later of the date on 104
165	165	which the photo noise violation monitoring device to which it applies has been permanently 105
166	166	removed from use or the final resolution of all cases involving notices of violation issued based 106
167	167	on photographs, microphotographs, video, or other recorded images produced by the device. 107
168	168	Sec. 9. Use of a photo noise violation monitoring device image. 108
169	169	(a) The demonstration program shall utilize necessary technologies to ensure to the 109
170	170	extent practicable, that photographs, microphotographs, videotape, or other recorded images 110
171	171	produced by a photo noise violation monitoring device shall not include images that identify the 111
172	172	driver, the passengers, or the contents of the motor vehicle. 112
173	173	(b) Notwithstanding subsection (a) of this section, no notice of violation issued pursuant 113
174	174	to this section shall be dismissed solely because a photograph, microphotograph, videotape, or 114
175	175	other recorded image allows for the identification of the driver, the passengers, or the contents of 115
176	176	motor vehicles where the department shows that it made reasonable efforts to comply with the 116
177	177	provisions of this paragraph in case. 117
178	178	(c) Any photograph, microphotograph, videotape or other recorded image from a photo 118
179	179	noise violation monitoring device shall be for the exclusive use of the District for the purpose of 119
180	180	the adjudication of liability of the motor vehicle owner receiving a notice of violation, and shall 120
181	181	be destroyed by the department upon the final resolution of the notice of violation to which the 121
182	182	photograph, microphotograph, videotape or other recorded image relates, or one year following 122
183	183	the date of issuance of the notice of violation, whichever is later. 123
184	184	(d) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, a 124
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186	186	photograph, microphotograph, videotape, or other recorded image from a photo noise violation 125
187	187	monitoring device shall not be available to the public, nor subject to civil or criminal process or 126
188	188	discovery, nor used by any court or administrative or adjudicatory body in any action or 127
189	189	proceeding therein except that which is necessary for the adjudication of a notice of violation, 128
190	190	and no public entity or employee, officer or agent thereof shall disclose the information, except 129
191	191	that a photograph, microphotograph, videotape, or other recorded image from a device: 130
192	192	(1) Shall be available for inspection and copying and use by the motor vehicle 131
193	193	owner and operator for so long as the photographs, microphotographs, videotape, or other 132
194	194	recorded images are required to be maintained or are maintained by the public entity, employee, 133
195	195	officer, or agent; 134
196	196	(2) Shall be furnished for use in a criminal action or proceeding when described 135
197	197	in a search warrant issued by a court authorized to issue a search warrant or a federal court 136
198	198	authorized to issue a search warrant under federal law, where the search warrant states that there 137
199	199	is reasonable cause to believe information constitutes evidence of, or tends to demonstrate that, a 138
200	200	misdemeanor or felony offense was committed in this state or another state, or that a particular 139
201	201	person participated in the commission of a misdemeanor or felony offense in this state or another 140
202	202	state, provided, that if the offense was against the laws of another state, the court shall only issue 141
203	203	a warrant if the conduct comprising the offense would, if occurring in this state, constitute a 142
204	204	misdemeanor or felony against the laws of this state; and 143
205	205	(3) Shall be furnished for use in a criminal action or proceeding in response to a 144
206	206	subpoena duces tecum signed by a judge of competent jurisdiction and issued pursuant the 145
207	207	criminal procedure law or a judge or magistrate of a federal court authorized to issue a subpoena 146
208	208	duces tecum under federal law, where the judge finds and the subpoena states that there is 147
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210	210	reasonable cause to believe the information is relevant and material to the prosecution, or the 148
211	211	defense, or the investigation by an authorized law enforcement official, of the alleged 149
212	212	commission of a misdemeanor or felony in the District or another state, provided, that if the 150
213	213	offense was against the laws of another state, the judge or magistrate shall only issue a subpoena 151
214	214	if the conduct comprising the offense would, if occurring in the District, constitute a 152
215	215	misdemeanor or felony in the District; and 153
216	216	(4) May be used in a criminal action or proceeding if lawfully obtained pursuant 154
217	217	to this section and otherwise admissible. 155
218	218	Sec. 10. Photo noise violation monitoring device image as evidence. 156
219	219	(a) A certificate, sworn to or affirmed by a technician employed by the city, or a 157
220	220	facsimile thereof, based upon inspection of photographs, microphotographs, videotapes, or other 158
221	221	recorded images produced by a photo noise violation monitoring device, shall be prima facie 159
222	222	evidence of the facts contained therein. 160
223	223	(b) Any photographs, microphotographs, videotapes, or other recorded images 161
224	224	evidencing a violation shall include at least two date and time stamped images of the rear of the 162
225	225	motor vehicle that include the same stationary object near the motor vehicle and shall be 163
226	226	available for inspection reasonably in advance of and at any proceeding to adjudicate the liability 164
227	227	for the violation. 165
228	228	Sec. 11. Vehicle and transportation noise-reducing strategies study and report. 166
229	229	In Fiscal Year 2023, DDOT, in consultation with DOEE, shall conduct a study on vehicle 167
230	230	and other transportation-related noise and identify and evaluate short-term and long-term 168
231	231	strategies for reducing vehicle and other transportation-related noise, including noise-reducing 169
232	232	roadway material. DDOT shall provide a report to the Council within one year of enactment of 170
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234	234	this Act to include recommendations on the feasibility, efficacy, and environmental impact of the 171
235	235	identified noise-reducing strategies as well as a cost-benefit analysis of identified strategies. 172
236	236	Sec. 12. Vehicle repair subsidy program established. 173
237	237	The Department of Motor Vehicles (“DMV”) shall create a non-means tested program to 174
238	238	subsidize, in full or in part, the cost of repairing a vehicle to bring it within the motor vehicle 175
239	239	noise limits pursuant to 20 DCMR § 2811. This program shall apply to: 176
240	240	(a) Vehicles that are: 177
241	241	(1) Registered in the District; 178
242	242	(2) Registered in another jurisdiction to a person employed in the District; or 179
243	243	(3) Registered in another jurisdiction but operated in the District for commercial 180
244	244	or business purposes. 181
245	245	(b) Vehicles that are in violation of the motor vehicle noise limits pursuant to 20 DCMR 182
246	246	§ 2811, regardless of whether that vehicle has been assessed a fine pursuant to 183
247	247	Section 4 of this Act. 184
248	248	(c) Only the repairs necessary to reduce noise and bring the vehicle into compliance with 185
249	249	the motor vehicle noise limits pursuant to 20 DCMR § 2811, including necessary 186
250	250	repairs caused by: 187
251	251	(1) Normal wear and tear; 188
252	252	(2) Purposeful alteration, 189
253	253	(3) Outdated machinery or mechanics; or 190
254	254	(4) Accidental damage. 191
255	255	(d) Each eligible vehicle no more than once. 192
256	256	Sec. 13. Waiver of fine. 193
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258	258	A photo noise violation fine shall be waived if the vehicle is brought into compliance 194
259	259	with District motor vehicle noise law pursuant to 20 DCMR § 2811. 195
260	260	Sec. 14. Rulemaking. 196
261	261	Within 180 days of the effective date of this act, the Mayor shall promulgate rules to 197
262	262	implement this act. The proposed rules shall be submitted to the Council for a 45-day period of 198
263	263	review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council 199
264	264	does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 200
265	265	45-day review period, the proposed rules shall be deemed disapproved. 201
266	266	Sec. 15. Applicability. 202
267	267	(a) This act shall take effect subject to the inclusion of its fiscal effect in an approved 203
268	268	budget and financial plan. 204
269	269	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 205
270	270	in an approved budget and financial plan, and provide notice to the Budget Director of the 206
271	271	Council of the certification. 207
272	272	(c) (1) The Budget Director shall cause the notice of the certification to be published in 208
273	273	the District of Columbia Register. 209
274	274	(2) The date of publication of the notice of the certification shall not affect the 210
275	275	applicability of this act. 211
276	276	Sec. 16. Fiscal impact statement. 212
277	277	The Council adopts the fiscal impact statement in the committee report as the fiscal 213
278	278	impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, 214
279	279	approved December 24, 1973 (87 Stat. 813; D.C. Official Code §l-206.02(c)(3)). 215
280	280	Sec. 17. Effective date. 216
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282	282	This act shall take effect following approval by the Mayor (or in the event of veto by the 217
283	283	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 218
284	284	provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 219
285	285	24, 1973 (87 Stat. 813; D.C. Official Code§ l-206.02(c)(l)), and publication in the District of 220
286	286	Columbia Register. 221