HARRY HUGHES, Governor

1831

Also in item (2) of this section, a reference to
"property" is added to the reference in former
Article 43, § 822(c) to "public health and
general welfare", to correct an apparently
unintentional omission in the former law and to
conform item (2) of this section to other similar
references in this title.

The only other changes are in style.

3-103. RESPONSIBILITIES OF DEPARTMENT.

(A)  DUTIES OF DEPARTMENT.

EXCEPT AS OTHERWISE PROVIDED BY LAW, AND IN ADDITION TO
THE DUTIES SET FORTH ELSEWHERE IN THIS TITLE, THE DEPARTMENT
SHALL:

(1)  DEVELOP A PLAN FOR ATTAINING AMD MAINTAINING
THE ENVIRONMENTAL NOISE STANDARDS THAT ARE ADOPTED;

(2)  COORDINATE ALL STATE AGENCY PROGRAMS ON
NOISE CONTROL; AND

(3)  KEEP A RECORD OF EACH SOUND LEVEL LIMIT THAT
IS ADOPTED BY ANY POLITICAL SUBDIVISION OR AGENCY OF THIS
STATE.

(B)  CONSULTATION WITH DEPARTMENT.

EACH STATE AGENCY SHALL CONSULT WITH THE DEPARTMENT
BEFORE ADOPTING ANY SOUND LEVEL LIMIT OR NOISE CONTROL RULE
OR REGULATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 826, the first sentence of § 824 — except
as that sentence related to adopting noise
standards and rules and regulations -- and the
third sentence of § 832.

In the introductory language of subsection (a) of
this section, the former language "except as
otherwise provided for in the Code" is rephrased
more broadly because there are provisions of law
outside this Code that limit the power of the
Department to regulate in the area of noise
control. See, e.g., 42 U.S.C. § 4905.

In subsection (a)(1) of this section, the defined
term "environmental noise standards" is
substituted for the term "ambient noise
standards". There does not appear to have been
any legislative intent to distinguish the noise