Section § 46050

Explanation

This law requires the establishment of a noise control program to protect health and well-being. It involves studying how noise affects human health, plants, and animals and monitoring noise levels. The program also aims to share information on the harmful effects of noise and control methods. Further, it works with local governments to develop noise guidelines for different environments and assists them in creating noise control strategies. The program is also tasked with setting exposure standards for noise, crafting rules for using noise-making devices, and advising the Legislature on noise control in state equipment purchases.

The office shall, in order to protect health and well-being establish and maintain a program on noise control, including but not limited to:
(a)CA Health and Safety Code § 46050(a)  Determining the psychological and physical health effects of noise.
(b)CA Health and Safety Code § 46050(b)  Determining the physiological effects of noise upon plant and animal life.
(c)CA Health and Safety Code § 46050(c)  Monitoring noise.
(d)CA Health and Safety Code § 46050(d)  Collecting and disseminating authoritative information on adverse effects of noise and of means for its control.
(e)CA Health and Safety Code § 46050(e)  Developing, in cooperation with local governments, model ordinances for urban, suburban, and rural environments.
(f)CA Health and Safety Code § 46050(f)  Providing assistance to local governmental entities engaged in developing and implementing noise abatement procedures.
(g)CA Health and Safety Code § 46050(g)  Developing criteria and guidelines for use in setting standards for human exposure to noise.
(h)CA Health and Safety Code § 46050(h)  Developing standards for the use of noise-producing objects in California.
(i)CA Health and Safety Code § 46050(i)  Developing criteria for submission to the Legislature so that state agencies may require noise control in equipment purchased for state use.

Section § 46050.1

Explanation

This law mandates that the office, along with other state departments, create guidelines for crafting noise elements, which are parts of local government plans dealing with noise management. These guidelines should help standardize and improve how noise issues are addressed in these plans.

Although some cities and counties had already prepared their noise elements, or received extensions on their deadlines before the September 20, 1975 cutoff, they don't need to redo these elements unless they're updating them. If they do update, they must follow these guidelines.

For the 1993-94 fiscal year, the requirement to create these guidelines was temporarily paused.

Notwithstanding Section 65040.2 of the Government Code, the office shall adopt, in coordination with the Office of Planning and Research and each state department and agency as it deems appropriate, guidelines for the preparation and content of noise elements as required by Section 65302 of the Government Code.
In adding Section 39850.1 to the Health and Safety Code, which was the predecessor to this section, and amending Section 65302 of the Government Code by Chapter 1124 of the Statutes of 1975, it was the intent of the Legislature to ensure, insofar as possible, that new and periodically revised noise elements in local governments’ general plans be more standardized, comprehensive, and utilitarian than they had been previously.
However, the Legislature also recognized that some cities and counties had already adopted noise elements pursuant to the existing Section 65302 of the Government Code and that others had received extensions on the due date of their noise element until September 20, 1975. Those cities and counties were not required to resubmit new noise elements consistent with Section 65302 of the Government Code, or to recognize guidelines adopted pursuant to this section, but are required, upon initial and periodic revision of the noise element, to comply with Section 65302 of the Government Code and to recognize those guidelines.
The requirement that the office adopt guidelines for the preparation and content of noise elements shall be inoperative during the 1993–94 fiscal year.