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Many people have likely seen the new revisions to the Noise Pollution Prevention and Control Law. Previously, Bie Tao, Director of the Department of Laws and Standards of the Ministry of Ecology and Environment, stated in an interview that the law had been in effect for 24 years without corresponding administrative regulations and rules. Regarding this law, Bie Tao said, "It has failed to play its due role."
This is the old version of the "Environmental Noise Pollution Prevention and Control Law of the People's Republic of China".
In March 2020, revising the Noise Pollution Prevention and Control Law was included in the 2021 legislative work plan of the National People's Congress. In August of the same year, the Ministry of Ecology and Environment completed the draft amendment to the Noise Pollution Prevention and Control Law and related materials.
Next, let's take a look at the new regulations this noise law has made regarding noise. If you want to learn about neighborhood noise, please see Change Three below:
(The following interpretation is solely my personal opinion.)
Change 1
The word "environment" has been removed.
On August 17, the 30th session of the Standing Committee of the 13th National People's Congress reviewed the proposal to revise the Law on the Prevention and Control of Environmental Noise Pollution.
The proposed revision of the law removes the word "environment" from the original title, changing "Environmental Noise Pollution Prevention and Control Law of the People's Republic of China" to "Noise Pollution Prevention and Control Law of the People's Republic of China". This is both to maintain consistency with the wording of the laws on pollution prevention and control of water, air, and soil, which emphasize the management of key elements, and to further clarify that the scope of the law is limited to man-made noise.
Interpretation: Noise has many causes. Removing environmental noise primarily aims to mitigate the impact of uncontrollable factors, such as thunder, rain, and wind. All environmental noise that is difficult to generate or resolve through human intervention is excluded from regulation. Note: The scope of regulation here is limited to man-made noise; I believe it should also exclude the sound of a baby crying.
This draft law consists of 9 chapters and 84 articles, and mainly includes revisions to increase the scope of prevention and control, adjust the applicable scope, strengthen source control and noise classification management, and increase penalties .
Analysis: The most important point here is " increasing the severity of penalties ." The problem we face now is that ordinary people are suffering from noise pollution, but the police have laws but struggle to enforce them, leading many to believe that noise pollution is actually "lawless."
Change 2
Expanding the scope of use and strengthening the prevention and control of original diseases
To address the regulatory gaps in current laws regarding certain noise pollution behaviors, the draft law expands the scope of noise pollution prevention and control, broadening the application of the law.
1. Regarding the targets of prevention and control, the definition of industrial noise has been revised to include noise generated during production activities.
Explanation: The original definition of industrial noise refers to the sound that disturbs the surrounding living environment when using fixed equipment in industrial production activities. Here, "industrial production activities" is changed to "production activities." Industrial production mainly refers to activities carried out in factories, while production activities broadly refer to the activities of production workers using machinery and equipment to process and assemble raw materials to produce various products needed by the market. For example, the department responsible for managing industrial noise is the Environmental Protection Bureau (phone number 12369). If my neighbor converts their ground-floor residence into a garment workshop, previously I could only complain to the police, but after the conversion, I can directly complain to the Environmental Protection Bureau.
Related links:
What constitutes "noise pollution"? Which number should I call to report it?
2. The definition of transportation noise has been expanded to include urban rail transit noise.
Interpretation: The original definition of "transportation noise" refers to the sound generated by motor vehicles (including cars and motorcycles), railway locomotives, motorized ships, aircraft, and other transportation vehicles during operation, which disturbs the surrounding living environment. However, the "Urban Public Transportation" standard clarifies that urban rail transit includes: subway systems, light rail systems, monorail systems, trams, maglev systems, automated guided train systems, and urban rapid transit systems. Furthermore, with the development of transportation systems, other new transportation systems have emerged. The noise pollution issues here are mostly caused by subway and monorail systems, such as the monorail that passes through buildings in Chongqing. Such noise pollution will also be subject to legal regulation in the future. The department responsible for handling traffic noise complaints is: 88019194.
3. Regarding the expansion of the applicable geographical scope, the provision that industrial noise, construction noise, transportation noise, and social noise only apply to urban areas has been revised and extended to rural areas.
Analysis: Although there are fewer noise pollution cases in rural areas compared to cities, the need for quiet in rural areas should be taken seriously due to rapid rural development and increasing individual demands for quality of life. Currently, the most common noise pollution cases I've seen in rural areas include: small workshops operating inside neighbors' houses, factories located too close to rural residential areas, and rural areas near elevated railway tracks.
4. It is worth mentioning that the draft law strengthens the requirements for source control, one of the most effective methods for noise pollution prevention and control. It requires the improvement of the product noise limit system, mandating that noise limits be specified in the technical specifications or product quality standards of industrial equipment, construction machinery, and other products that may generate noise pollution, and requiring random monitoring and testing of the noise emitted by the products and during their use. At the same time, it adds planning and control requirements, including new clauses on planning and control requirements for industrial noise and transportation noise.
Interpretation: Noise limits already exist for relevant products, such as air conditioners, washing machines, and refrigerators. However, the noise generated by some construction machinery is mostly low-frequency, and addressing this at its source is the most effective approach. Traffic noise also has noise limits set for vehicles themselves. This clause aims to solve noise problems at their source. Relevant manufacturers can collaborate with acoustic companies to design acoustic noise reduction and vibration damping for products and machinery, such as noise and vibration reduction for air conditioner outdoor units and engines, the construction of soundproof rooms, and noise reduction designs inside elevator shafts. (Actually, these already exist; the issue is whether production strictly adheres to the standards.)
Change Three
Strengthen classified management for prominent issues
In response to the prominent problems in the management of four categories of noise-industrial noise, construction noise, transportation noise, and social noise-the draft law strengthens classified management and improves noise management measures.
1. For industrial noise, add provisions for discharge permits and self-monitoring, requiring units that emit industrial noise to obtain discharge permits or fill out discharge registration forms in accordance with the law, and to conduct self-monitoring as required.
2. Regarding construction noise, new provisions have been added to prioritize the use of low-noise construction equipment and automatic monitoring.
3. Regarding traffic noise, strict standards and requirements shall be imposed on newly constructed traffic projects and the construction of noise-sensitive buildings on both sides of existing main traffic arteries, stipulating that construction units shall take measures to comply with relevant standards.
4. Regarding noise from social life, regulations stipulate that those who carry out entertainment, fitness, or other activities in public places shall comply with the regulations of the public place managers regarding activity areas and time periods; regulations also stipulate that real estate developers of newly built residential housing shall publicize the noise impact on the housing sold and the measures taken or to be taken, and clearly specify the location of shared facilities and equipment and the sound insulation of the building.
Key takeaway 4: Among various types of noise pollution, noise from daily life is the most serious. According to incomplete statistics from the Ministry of Ecology and Environment, in 2020, the ecological environment, public security, and housing and urban-rural development departments of prefecture-level cities and above across the country received approximately 2.018 million environmental noise complaints, of which complaints about noise from daily life accounted for more than 50%.
① Let's look at the first change: This revised Noise Pollution Prevention and Control Law stipulates that entertainment and fitness activities in public places must comply with regulations regarding areas, time periods, and noise control. If these activities disturb the surrounding environment and the participants fail to comply after being advised or mediated, they may be fined between 200 and 500 yuan. This fine provision already existed, and I think this revision reiterates it, simply reinforcing the message to those who fail to act or to law enforcement. In other words, if elderly people dancing in public squares continue despite being advised, the police can legally punish the organizers and participants.
②The second change is quite interesting: "The regulations stipulate that real estate developers of newly built residential housing should publicize the noise impact on the housing sold and the measures taken or planned to be taken. The location of shared facilities and equipment and the building's sound insulation should be clearly stated." I must say, the person who proposed this is truly a master . What does it mean? Let me tell you a story from my experience. My friend wanted to buy a house, and I asked the real estate agent about the thickness of the floor slabs, but they simply replied, "I don't know," "I don't know," and "The property management won't tell you." Regarding building sound insulation, one issue is that homebuyers lack soundproofing knowledge, leading to noise problems later on. If the developer proactively provides soundproofing awareness during the purchase process, the buyer will passively accept it, thus influencing their willingness to buy and whether they will proactively undertake soundproofing renovations.
What might happen if we were to mandate the public disclosure of noise levels in houses now?
First, for market considerations, developers will proactively implement sound insulation measures for buildings, such as active sound insulation and noise reduction measures for elevator shafts, pump rooms, and machine rooms.
Secondly, housing prices are falling. Developers genuinely cannot achieve soundproofing in their properties, and with houses difficult to sell, they have no choice but to lower prices.
Third, residents should take the initiative to soundproof. The most ingenious part of this suggestion is "publicly announce the measures taken or planned to be taken to address the noise impact." At that time, the developer can say, "My house is indeed not soundproof, but I told you the solution. You didn't do it yourself and now you're causing me trouble. Who can you blame?" This avoids their own responsibility. Although it's a bit of a "little trick," it is indeed a way to solve most neighborhood noise problems.
In fact, we should pay more attention to what the published sound insulation data for the building includes, what the potential impacts will be, and whether the solutions are detailed enough. We cannot downplay the key issues or use unscientific methods. For example, the thickness of the floor slab can cause noise between upstairs and downstairs neighbors, the floor slab between apartments can cause noise between neighbors, the water noise from drainage pipes can cause noise from the building, and the traffic noise from the elevated highway near the building...
We can do a more detailed analysis of this point when we have time later.
Change 4
Strengthen government responsibilities and increase penalties
Currently, some local governments do not pay enough attention to noise pollution control. The draft law improves the responsibilities of the government and its relevant departments, stipulating that people's governments at or above the county level should incorporate noise pollution prevention and control into their national economic and social development plans.
It is worth mentioning that the draft further increases the penalties, stipulating that for those who cause serious consequences from noise emissions and refuse to comply with orders to rectify the situation, the relevant supervisory and management departments can take compulsory measures such as sealing and seizing. Daily fines and other penalties have been introduced for violations of industrial noise and construction noise regulations.
Analysis: As I mentioned earlier, this is the most important point in the entire revision. Including noise pollution control in KPI assessments will, to some extent, compel government staff to exert greater effort in noise management. This also includes strengthening the training of law enforcement personnel in noise knowledge and noise detection methods.
Related link: Why can't the police handle "noise pollution" problems well?
To reiterate, the above interpretation is merely a personal opinion and may not be entirely accurate. If you have any further comments or questions, feel free to join the group for discussion!