S T A T E O F N E W Y O R K ________________________________________________________________________ 9837 I N A S S E M B L Y April 18, 2012 ___________ Introduced by M. of A. BRINDISI -- read once and referred to the Commit- tee on Tourism, Parks, Arts and Sports Development AN ACT to amend the parks, recreation and historic preservation law, in relation to snowmobile noise emission levels THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (e) of subdivision 1 of section 25.17 of the 2 parks, recreation and historic preservation law, as amended by chapter 3 650 of the laws of 1977, is amended to read as follows: 4 (e) Mufflers. An adequate muffler system in good working condition. On 5 and after June first, nineteen seventy-two, no snowmobile manufactured 6 after June first, nineteen seventy-two shall be sold or offered for sale 7 unless it is equipped in such a way as to limit noise produced by the 8 snowmobile to not more than eighty-two decibels as measured on the "A" 9 scale at fifty feet. On and after June first, nineteen seventy-five, no 10 such snowmobile manufactured after June first, nineteen seventy-five 11 shall be sold or offered for sale unless it is equipped in such a way as 12 to limit noise produced by the snowmobile to not more than seventy-eight 13 decibels on such scale. On and after June first, nineteen eighty, no 14 such snowmobile manufactured after June first, nineteen eighty, shall be 15 sold or offered for sale unless it is equipped in such a way as to limit 16 noise produced by the snowmobile to not more than seventy-three decibels 17 on such scale. ON OR AFTER NOVEMBER FIRST, TWO THOUSAND TWELVE, A 18 PERSON SHALL NOT OPERATE A SNOWMOBILE UNLESS THE SNOWMOBILE IS EQUIPPED 19 WITH A MUFFLER IN GOOD WORKING ORDER AND IN CONSTANT OPERATION FROM 20 WHICH NOISE EMISSION DOES NOT EXCEED EITHER SEVENTY-EIGHT DECIBELS AT 21 FIFTY FEET, AS MEASURED USING THE TWO THOUSAND THREE SOCIETY OF AUTOMO- 22 TIVE ENGINEERS STANDARD J192 FOR A SNOWMOBILE MANUFACTURED AFTER JULY 23 FIRST, NINETEEN HUNDRED SEVENTY-SEVEN AND SOLD OR OFFERED FOR SALE IN 24 THIS STATE, OR EIGHTY-EIGHT DECIBELS, AS MEASURED USING THE TWO THOUSAND 25 FOUR SOCIETY OF AUTOMOTIVE ENGINEERS STANDARD J2567 FOR A STATIONARY 26 SNOWMOBILE MANUFACTURED AFTER JULY FIRST, NINETEEN HUNDRED EIGHTY AND 27 SOLD OR OFFERED FOR SALE IN THIS STATE. Should the federal government 28 adopt snowmobile noise level standards different from those contained in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15265-02-2 A. 9837 2 1 this paragraph and require that the state conform thereto, the commis- 2 sioner shall be authorized to adopt rules and regulations superseding 3 the noise level requirements of this paragraph to achieve compliance 4 with federal standards. No snowmobile shall be modified by any person 5 in any manner that shall amplify or otherwise increase total noise emis- 6 sion to a level greater than that emitted by the snowmobile as 7 originally constructed, regardless of date of manufacture. 8 S 2. This act shall take effect November 1, 2012.