District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0115 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
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11	11	February 4, 2025
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13	13	Nyasha Smith, Secretary
14	14	Council of the District of Columbia
15	15	1350 Pennsylvania Avenue N.W.
16	16	Washington, DC 20004
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18	18	Dear Secretary Smith,
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20	20	Today, I, along with Councilmember Brianne K. Nadeau, am introducing the Vehicular Noise
21	21	Reduction Act of 2025. Please find enclosed a signed copy of the legislation.
22	22
23	23	The purpose of the Vehicular Noise Reduction Act is to reduce vehicular noise in the District by
24	24	(1) implementing a noise camera pilot program; (2) creating a vehicle repair subsidy program to
25	25	offset costs of vehicle repairs; and (3) commissioning a DDOT and DOEE study on strategies to
26	26	reduce vehicular and transit noise in the District.
27	27	Excessive vehicle noise, including noise caused by defective or altered muffler and exhaust systems and roadway noise from tires on pavement, is disruptive in myriad ways to District residents’ lives, including interrupting sleep;
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29	29	creating noise barriers to communication in business,
30	30	educational, and social settings;
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32	32	and creating continuous, high levels of noise, commonly referred
33	33	to as “noise pollution,” that can lead to various health and developmental issues.
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35	35	Noise pollution, both during the day and at night, has serious effects on District residents’ physical
36	36	and mental health. Noise pollution is correlated to increased anxiety, depression, heart disease,
37	37	cognitive impairments, and strokes. Continuous exposure to high noise levels can also bring about
38	38	the “flight or fight” response within the body, triggering stress hormones that contribute to elevated
39	39	blood pressure, accelerated heart rates, and disrupted digestive systems. Sleep interruption from
40	40	loud and continuous noises can inhibit child development, learning, mood regulation, and optimal
41	41	healing from injuries, even when a person is never actually awoken by the noise.
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43	43	Noise pollution from vehicles is also an equity issue in our city, as communities of color,
44	44	immigrants, and people with low incomes are more likely to live near roadways with elevated and
45	45	constant vehicular noise and are thus at greater risk of experiencing these negative health impacts.
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48	48	This legislation, through its three-pronged approach, will aid in reducing vehicle noise in the
49	49	District and provide an opportunity to understand further noise-reduction options that may be
50	50	available to lower vehicular noise and improve equity, quality of life, and health for District
51	51	residents, workers, and visitors.
52	52	I previously introduced an identical version of this legislation in Council Period 25, B25- 0040.
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54	54	Should you have any questions about this legislation, please contact my Legislative Director , Linn
55	55	Groft, at lgroft@dccouncil.gov.
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57	57	Thank you,
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60	60	Brooke Pinto
61	61	Ward 2 Councilmember 1
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63	63	________________________ ________________________ 3
64	64	Councilmember Brianne Nadeau Councilmember Brooke Pinto 4
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71	71	A BILL 11
72	72	__________ 12
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75	75	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 15
76	76	_________________ 16
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79	79	To establish a noise camera demonstration project using acoustic imaging technology to identify 19
80	80	violators of District motor vehicle noise law, to require reporting on the demonstration 20
81	81	project to the Council, to set certain calibration requirements for a photo noise violation 21
82	82	monitoring device, to require operator training for a photo noise violation monitoring 22
83	83	device, to prescribe the parameters for the use of a photo noise violation monitoring 23
84	84	device image, to state the evidentiary value of a photo noise violation monitoring device 24
85	85	image, to conduct a study of vehicular and traffic noise-reducing strategies, and to 25
86	86	establish a subsidy program for car repairs related to noise violations. 26
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88	88	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28
89	89	act may be cited as the “Vehicular Noise Reduction Act of 2025” . 29
90	90	Sec. 2. Definitions. 30
91	91	For the purposes of this act, the term: 31
92	92	(1) “Decibel reader” means a measuring instrument used to assess noise or sound levels 32
93	93	by measuring sound pressure expressed in decibel (dB) units. 33
94	94	(2) “Motor vehicle noise limits” means the noise limits prescribed pursuant to 20 DCMR 34
95	95	§ 2811. 35
96	96	(3) “Operator of a photo noise violation monitoring device” means a natural or legal 36
97	97	person authorized to set up, test, or operate the noise violation monitoring device described 37 2
98	98	herein. 38
99	99	(4) “Photo noise violation monitoring device” means one or more mobile or fixed vehicle 39
100	100	sensors installed to work in conjunction with one or more noise measuring apparatuses such as a 40
101	101	decibel reader which automatically produces two or more photographs, two or more 41
102	102	microphotographs, a videotape, or other recorded images of each motor vehicle at the time it is 42
103	103	used or operated in violation of the motor vehicle noise limits pursuant to 20 DCMR § 2811. 43
104	104	Sec. 3. Photo noise violation monitoring device program established. 44
105	105	The District Department of Transportation (“DDOT”), in consultation with the 45
106	106	Department of Energy and Environment (“DOEE”), shall establish a two- year demonstration 46
107	107	program of photo noise violation monitoring devices using acoustic imaging technology to 47
108	108	identify violators of District motor vehicle noise law pursuant to 20 DCMR § 2811. 48
109	109	Sec. 4. Violations authorization and fines. 49
110	110	(a) The Mayor is authorized to use a photo noise violation monitoring device to detect 50
111	111	noise violations. Proof of a violation may be evidenced by information obtained through the use 51
112	112	of a photo noise violation monitoring device. 52
113	113	(b) The Mayor shall impose a fine for a violation detected by a photo noise violation 53
114	114	monitoring device. 54
115	115	Sec. 5. Demonstration program implementation. 55
116	116	As part of the implementation of the demonstration program, DDOT shall: 56
117	117	(a) Conduct an acoustical engineering study to determine appropriate noise detection 57
118	118	equipment and placement location options; 58
119	119	(b) Consult with ward Councilmembers to determine best noise camera placement 59
120	120	locations within their ward; 60 3
121	121	(c) Test photo noise violation monitoring devices to determine the most appropriate 61
122	122	device for use in the District; 62
123	123	(d) Provide a report to the Council describing how the placement of each noise detection 63
124	124	device was determined; 64
125	125	(e) Install signs giving notice to approaching motor vehicle operators where a photo 65
126	126	noise violation monitoring device is in use; 66
127	127	(f) Install at least 2 photo noise violation monitoring locations in each of the 8 District 67
128	128	Wards; and 68
129	129	(g) Collect appropriate data on the effectiveness of the photo noise violation monitoring 69
130	130	devices. 70
131	131	Sec. 6. Demonstration program reporting. 71
132	132	One year after the effective date of this act and 60 days after the conclusion of the 72
133	133	demonstration project, DDOT shall submit a report on the results of the demonstration program 73
134	134	to the Council. The report shall include: 74
135	135	(a) The locations where and dates when photo noise violation monitoring devices were 75
136	136	used; 76
137	137	(b) The total number of violations recorded by photo noise violation monitoring devices 77
138	138	on a daily, weekly and monthly basis; 78
139	139	(c) The total number of notices of violation issued for violations recorded by the installed 79
140	140	devices; 80
141	141	(d) The number of fines and total amount of fines paid after the first notice of violation 81
142	142	issued for violations recorded by the devices; 82
143	143	(e) The number of violations adjudicated and the results of such adjudications including 83 4
144	144	breakdowns of dispositions made for violations recorded by the devices; 84
145	145	(f) The total amount of revenue realized by the District in connection with the program; 85
146	146	(g) A cost-benefit analysis of the different types of technology tested pursuant to this act; 86
147	147	(h) The expenses incurred by the District in connection with the demonstration program; 87
148	148	and 88
149	149	(i) A description of the quality of the adjudication process and its results. 89
150	150	Sec. 7. Calibration requirements for photo noise violation monitoring devices. 90
151	151	(a) No photo noise violation monitoring device shall be used unless it has undergone a 91
152	152	calibration check performed pursuant to this section. 92
153	153	(1) Each photo noise violation monitoring device shall undergo: 93
154	154	(A) An annual calibration check performed by an independent calibration 94
155	155	laboratory which shall issue a signed certificate of calibration; and 95
156	156	(B) A successfully passed self-test of its functions on the day it is used to 96
157	157	record a noise violation; 97
158	158	(2) The department shall keep each annual certificate of calibration on file until 98
159	159	the final resolution of all cases involving a notice of violation issued during the year which were 99
160	160	based on photographs, microphotographs, videotape, or other recorded images produced by the 100
161	161	photo noise violation monitoring device. 101
162	162	(3) It shall be a defense to any prosecution for a violation of motor vehicle noise 102
163	163	limits pursuant to this section that a photo noise violation monitoring device was malfunctioning 103
164	164	at the time of the alleged violation. 104
165	165	Sec. 8. Operator training for photo noise violation monitoring devices. 105
166	166	(a) Operators of a photo noise violation monitoring device shall have completed training 106 5
167	167	in the procedures for setting up, testing, and operating the device. 107
168	168	(b) Each operator shall maintain a daily camera log report for each device that states: 108
169	169	(1) The date and time when, and the location where, the device was set up that 109
170	170	day; and 110
171	171	(2) That the operator successfully performed, and the device passed, the self-tests 111
172	172	of the device before producing a recorded image that day. 112
173	173	(c) The District shall retain each daily camera log report until the later of the date on 113
174	174	which the photo noise violation monitoring device to which it applies has been permanently 114
175	175	removed from use or the final resolution of all cases involving notices of violation issued based 115
176	176	on photographs, microphotographs, video, or other recorded images produced by the device. 116
177	177	Sec. 9. Use of a photo noise violation monitoring device image. 117
178	178	(a) The demonstration program shall utilize necessary technologies to ensure to the 118
179	179	extent practicable, that photographs, microphotographs, videotape, or other recorded images 119
180	180	produced by a photo noise violation monitoring device shall not include images that identify the 120
181	181	driver, the passengers, or the contents of the motor vehicle. 121
182	182	(b) Notwithstanding subsection (a) of this section, no notice of violation issued pursuant 122
183	183	to this section shall be dismissed solely because a photograph, microphotograph, videotape, or 123
184	184	other recorded image allows for the identification of the driver, the passengers, or the contents of 124
185	185	motor vehicles where the department shows that it made reasonable efforts to comply with the 125
186	186	provisions of this paragraph in case. 126
187	187	(c) Any photograph, microphotograph, videotape or other recorded image from a photo 127
188	188	noise violation monitoring device shall be for the exclusive use of the District for the purpose of 128
189	189	the adjudication of liability of the motor vehicle owner receiving a notice of violation, and shall 129 6
190	190	be destroyed by the department upon the final resolution of the notice of violation to which the 130
191	191	photograph, microphotograph, videotape or other recorded image relates, or one year following 131
192	192	the date of issuance of the notice of violation, whichever is later. 132
193	193	(d) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, a 133
194	194	photograph, microphotograph, videotape, or other recorded image from a photo noise violation 134
195	195	monitoring device shall not be available to the public, nor subject to civil or criminal process or 135
196	196	discovery, nor used by any court or administrative or adjudicatory body in any action or 136
197	197	proceeding therein except that which is necessary for the adjudication of a notice of violation, 137
198	198	and no public entity or employee, officer or agent thereof shall disclose the information, except 138
199	199	that a photograph, microphotograph, videotape, or other recorded image from a device: 139
200	200	(1) Shall be available for inspection and copying and use by the motor vehicle 140
201	201	owner and operator for so long as the photographs, microphotographs, videotape, or other 141
202	202	recorded images are required to be maintained or are maintained by the public entity, employee, 142
203	203	officer, or agent; 143
204	204	(2) Shall be furnished for use in a criminal action or proceeding when described 144
205	205	in a search warrant issued by a court authorized to issue a search warrant or a federal court 145
206	206	authorized to issue a search warrant under federal law, where the search warrant states that there 146
207	207	is reasonable cause to believe information constitutes evidence of, or tends to demonstrate that, a 147
208	208	misdemeanor or felony offense was committed in this state or another state, or that a particular 148
209	209	person participated in the commission of a misdemeanor or felony offense in this state or another 149
210	210	state, provided, that if the offense was against the laws of another state, the court shall only issue 150
211	211	a warrant if the conduct comprising the offense would, if occurring in this state, constitute a 151
212	212	misdemeanor or felony against the laws of this state; and 152 7
213	213	(3) Shall be furnished for use in a criminal action or proceeding in response to a 153
214	214	subpoena duces tecum signed by a judge of competent jurisdiction and issued pursuant the 154
215	215	criminal procedure law or a judge or magistrate of a federal court authorized to issue a subpoena 155
216	216	duces tecum under federal law, where the judge finds and the subpoena states that there is 156
217	217	reasonable cause to believe the information is relevant and material to the prosecution, or the 157
218	218	defense, or the investigation by an authorized law enforcement official, of the alleged 158
219	219	commission of a misdemeanor or felony in the District or another state, provided, that if the 159
220	220	offense was against the laws of another state, the judge or magistrate shall only issue a subpoena 160
221	221	if the conduct comprising the offense would, if occurring in the District, constitute a 161
222	222	misdemeanor or felony in the District; and 162
223	223	(4) May be used in a criminal action or proceeding if lawfully obtained pursuant 163
224	224	to this section and otherwise admissible. 164
225	225	Sec. 10. Photo noise violation monitoring device image as evidence. 165
226	226	(a) A certificate, sworn to or affirmed by a technician employed by the city, or a 166
227	227	facsimile thereof, based upon inspection of photographs, microphotographs, videotapes, or other 167
228	228	recorded images produced by a photo noise violation monitoring device, shall be prima facie 168
229	229	evidence of the facts contained therein. 169
230	230	(b) Any photographs, microphotographs, videotapes, or other recorded images 170
231	231	evidencing a violation shall include at least two date and time stamped images of the rear of the 171
232	232	motor vehicle that include the same stationary object near the motor vehicle and shall be 172
233	233	available for inspection reasonably in advance of and at any proceeding to adjudicate the liability 173
234	234	for the violation. 174
235	235	Sec. 11. Vehicle and transportation noise-reducing strategies study and report. 175 8
236	236	In Fiscal Year 2026, DDOT, in consultation with DOEE, shall conduct a study on vehicle 176
237	237	and other transportation- related noise and identify and evaluate short-term and long- term 177
238	238	strategies for reducing vehicle and other transportation- related noise, including noise-reducing 178
239	239	roadway material. DDOT shall provide a report to the Council within one year of enactment of 179
240	240	this Act to include recommendations on the feasibility, efficacy, and environmental impact of the 180
241	241	identified noise-reducing strategies as well as a cost-benefit analysis of identified strategies. 181
242	242	Sec. 12. Vehicle repair subsidy program established. 182
243	243	The Department of Motor Vehicles (“DMV”) shall create a non-means tested program to 183
244	244	subsidize, in full or in part, the cost of repairing a vehicle to bring it within the motor vehicle 184
245	245	noise limits pursuant to 20 DCMR § 2811. This program shall apply to: 185
246	246	(a) Vehicles that are: 186
247	247	(1) Registered in the District; 187
248	248	(2) Registered in another jurisdiction to a person employed in the District; or 188
249	249	(3) Registered in another jurisdiction but operated in the District for commercial 189
250	250	or business purposes. 190
251	251	(b) Vehicles that are in violation of the motor vehicle noise limits pursuant to 20 DCMR 191
252	252	§ 2811, regardless of whether that vehicle has been assessed a fine pursuant to 192
253	253	Section 4 of this Act. 193
254	254	(c) Only the repairs necessary to reduce noise and bring the vehicle into compliance with 194
255	255	the motor vehicle noise limits pursuant to 20 DCMR § 2811, including necessary 195
256	256	repairs caused by: 196
257	257	(1) Normal wear and tear; 197
258	258	(2) Purposeful alteration, 198 9
259	259	(3) Outdated machinery or mechanics; or 199
260	260	(4) Accidental damage. 200
261	261	(d) Each eligible vehicle no more than once. 201
262	262	Sec. 13. Waiver of fine. 202
263	263	A photo noise violation fine shall be waived if the vehicle is brought into compliance 203
264	264	with District motor vehicle noise law pursuant to 20 DCMR § 2811. 204
265	265	Sec. 14. Rulemaking. 205
266	266	Within 180 days of the effective date of this act, the Mayor shall promulgate rules to 206
267	267	implement this act. The proposed rules shall be submitted to the Council for a 45-day period of 207
268	268	review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council 208
269	269	does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 209
270	270	45-day review period, the proposed rules shall be deemed disapproved. 210
271	271	Sec. 15. Applicability. 211
272	272	(a) This act shall take effect subject to the inclusion of its fiscal effect in an approved 212
273	273	budget and financial plan. 213
274	274	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 214
275	275	in an approved budget and financial plan, and provide notice to the Budget Director of the 215
276	276	Council of the certification. 216
277	277	(c) (1) The Budget Director shall cause the notice of the certification to be published in 217
278	278	the District of Columbia Register. 218
279	279	(2) The date of publication of the notice of the certification shall not affect the 219
280	280	applicability of this act. 220
281	281	Sec. 16. Fiscal impact statement. 221 10
282	282	The Council adopts the fiscal impact statement in the committee report as the fiscal 222
283	283	impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, 223
284	284	approved December 24, 1973 (87 Stat. 813; D.C. Official Code §l-206.02(c)(3)). 224
285	285	Sec. 17. Effective date. 225
286	286	This act shall take effect following approval by the Mayor (or in the event of veto by the 226
287	287	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 227
288	288	provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December 228
289	289	24, 1973 (87 Stat. 813; D.C. Official Code§ l-206.02(c)(l)), and publication in the District of 229
290	290	Columbia Register. 230