S3335-2013 Actions

• May 22, 2013: PRINT NUMBER 3335A
• May 22, 2013: AMEND AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
• Feb 1, 2013: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

S3335-2013 Memo

BILL NUMBER:S3335

TITLE OF BILL:  An act to amend the parks, recreation and historic pres-
ervation law, in relation to snowmobile noise emission levels

PURPOSE:  To establish an alternative standard and practical noise field
test for snowmobiles.

SUMMARY OF PROVISIONS:  Amends paragraph (e) of subdivision 1 of section
25.17 to provide that any snowmobile may not exceed 88 decibels, as
measured using the 2004 society of automotive engineers standard J2567.

JUSTIFICATION:  The vast majority of NY's 10,500 mile snowmobile trail
system is located on private land voluntarily offered by the owner for
use as a snowmobile trail. Many landowners who do not open their land
(even many of those who do) cite loud illegal exhausts as the reason to
not allow snowmobiling on their land. New York State law provides that
no new snowmobile may be offered for sale in the state unless it emits
less than 73 db when measured by the "A" scale at 50 ft. New sleds
encompassing four stroke or direct injection technology frequently emit
far less than the state standard. However the responsible work of the
manufacturers can easily be negated by a non-complying after-market
exhaust. Current law provides in part that "No snowmobile shall be modi-
fied by any person in any manner that shall amplify or otherwise
increase total noise emission to a level greater than that emitted by
the snowmobile as originally constructed, regardless of date of manufac-
ture." while a violation can be successfully imposed where the exhaust
has been removed, it cannot be successfully prosecuted when it involves
an after-market exhaust since the witnessing officer does not have
evidence that the sled is louder than original equipment. This is espe-
cially important since there are after-market exhausts which do meet the
requirements of the current law.

The J2567 test is a stationary test that has been developed in consulta-
tion with the manufacturers and is used in several other states includ-
ing Michigan, Wisconsin and Colorado. The J2567 test can be administered
by any police or peace officer authorized to enforce the provisions of
this chapter. The test takes approximately 10 minutes between set up and
conclusion. Testing takes under a minute.

It is important to note that this legislation does not impose any new
noise standard on any snowmobile but rather only provides an alternative
and analogous noise measuring technique.

LEGISLATIVE HISTORY:  2012 S. 6928 Cultural Affairs Committee/A. 9837 -
Tourism Committee.

FISCAL IMPLICATIONS:  None. Alternative measurement is at the option of
the law enforcement agency.

EFFECTIVE DATE: November 1, 2013

S3335-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3335

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 1, 2013
                                 ___________

  Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Cultural Affairs, Tourism,
    Parks and Recreation

  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:


    Section 1. Paragraph (e) of subdivision 1  of  section  25.17  of  the
  parks,  recreation  and historic preservation law, as amended by chapter
  650 of the laws of 1977, is amended to read as follows:

    (e) Mufflers. An adequate muffler system in good working condition. On
  and after June first, nineteen seventy-two, no  snowmobile  manufactured
  after June first, nineteen seventy-two shall be sold or offered for sale
  unless  it  is  equipped in such a way as to limit noise produced by the
  snowmobile to not more than eighty-two decibels as measured on  the  "A"
  scale  at fifty feet. On and after June first, nineteen seventy-five, no
  such snowmobile manufactured after  June  first,  nineteen  seventy-five
  shall be sold or offered for sale unless it is equipped in such a way as
  to limit noise produced by the snowmobile to not more than seventy-eight
  decibels  on  such  scale.  On and after June first, nineteen eighty, no
  such snowmobile manufactured after June first, nineteen eighty, shall be
  sold or offered for sale unless it is equipped in such a way as to limit
  noise produced by the snowmobile to not more than seventy-three decibels
  on such scale.  ON OR AFTER NOVEMBER FIRST,  TWO  THOUSAND  THIRTEEN,  A
  PERSON  SHALL NOT OPERATE A SNOWMOBILE UNLESS THE SNOWMOBILE IS EQUIPPED
  WITH A MUFFLER IN GOOD WORKING ORDER  AND  IN  CONSTANT  OPERATION  FROM
  WHICH  NOISE  EMISSION  DOES NOT EXCEED EITHER SEVENTY-EIGHT DECIBELS AT
  FIFTY FEET, AS MEASURED USING THE TWO THOUSAND THREE SOCIETY OF  AUTOMO-
  TIVE  ENGINEERS  STANDARD  J192 FOR A SNOWMOBILE MANUFACTURED AFTER JULY
  FIRST, NINETEEN HUNDRED SEVENTY-SEVEN AND SOLD OR OFFERED  FOR  SALE  IN
  THIS STATE, OR EIGHTY-EIGHT DECIBELS, AS MEASURED USING THE TWO THOUSAND

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06552-01-3

 S. 3335                             2

  FOUR  SOCIETY  OF  AUTOMOTIVE  ENGINEERS STANDARD J2567 FOR A STATIONARY
  SNOWMOBILE MANUFACTURED AFTER JULY FIRST, NINETEEN  HUNDRED  EIGHTY  AND
  SOLD  OR  OFFERED  FOR SALE IN THIS STATE. Should the federal government
  adopt snowmobile noise level standards different from those contained in
  this  paragraph  and require that the state conform thereto, the commis-
  sioner shall be authorized to adopt rules  and  regulations  superseding
  the  noise  level  requirements  of this paragraph to achieve compliance
  with federal standards.  No snowmobile shall be modified by  any  person
  in any manner that shall amplify or otherwise increase total noise emis-
  sion  to  a  level  greater  than  that  emitted  by  the  snowmobile as
  originally constructed, regardless of date of manufacture.
    S 2. This act shall take effect November 1, 2013.