senate Bill S3335B

Signed By Governor
2013-2014 Legislative Session

Requires that snowmobile noise emissions do not exceed specified levels

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Archive: Last Bill Status Via A2734 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 13, 2013 signed chap.473
Nov 01, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.1601
substituted for s3335b
Jun 21, 2013 substituted by a2734b
ordered to third reading cal.1601
committee discharged and committed to rules
May 28, 2013 print number 3335b
amend and recommit to cultural affairs, tourism, parks and recreation
May 22, 2013 print number 3335a
amend and recommit to cultural affairs, tourism, parks and recreation
Feb 01, 2013 referred to cultural affairs, tourism, parks and recreation

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S3335 - Bill Details

See Assembly Version of this Bill:
A2734B
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §25.17, Pks & Rec L
Versions Introduced in 2011-2012 Legislative Session:
S6928, A9837

S3335 - Bill Texts

view summary

Requires that snowmobile noise emissions do not exceed specified levels.

view sponsor 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

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

                                  3335

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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.

S3335A - Bill Details

See Assembly Version of this Bill:
A2734B
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §25.17, Pks & Rec L
Versions Introduced in 2011-2012 Legislative Session:
S6928, A9837

S3335A - Bill Texts

view summary

Requires that snowmobile noise emissions do not exceed specified levels.

view sponsor memo
BILL NUMBER:S3335A

TITLE OF BILL: An act to amend the parks, recreation and historic
preservation 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 at four meters from an inline position from the
exhaust and 4000 rpms.

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
traveling at a constant 15 mph. 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 modified 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 manufacture." 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
especially important since there are after-market exhausts which do
meet the requirements of the current law.

One generally accepted test is the J2567 developed by the Society of
Automotive Engineers. This test is a stationary test that has been
developed in consultation with the manufacturers and is used in
several other states including 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: This act shall take effect November 1, 2013.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3335--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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 -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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 AT FULL THROTTLE, AS MEASURED USING A GENERALLY ACCEPTED TEST
FOR  A SNOWMOBILE MANUFACTURED AFTER JULY FIRST, NINETEEN HUNDRED SEVEN-
TY-SEVEN AND SOLD OR OFFERED FOR SALE IN  THIS  STATE,  OR  EIGHTY-EIGHT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06552-03-3

S. 3335--A                          2

DECIBELS,  AS  MEASURED  AT FOUR METERS FROM AN INLINE POSITION FROM THE
EXHAUST AND FOUR HUNDRED RPM USING A GENERALLY ACCEPTED TEST FOR USING 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 commissioner 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 emission 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.

S3335B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2734B
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §25.17, Pks & Rec L
Versions Introduced in 2011-2012 Legislative Session:
S6928, A9837

S3335B (ACTIVE) - Bill Texts

view summary

Requires that snowmobile noise emissions do not exceed specified levels.

view sponsor memo
BILL NUMBER:S3335B

TITLE OF BILL: An act to amend the parks, recreation and historic
preservation 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 at four meters
from an inline position from the exhaust and 4000 rpms.

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 traveling at a
constant 15 mph. 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 modified 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 manufacture." 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 especially important since
there are after-market exhausts which do meet the requirements of the
current law.

One generally accepted test is the J2567 developed by the Society of
Automotive Engineers. This test is a stationary test that has been
developed in consultation with the manufacturers and is used in
several other states including 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:

This act shall take effect November 1, 2013.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3335--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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 -- committee discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 AT FULL THROTTLE, AS MEASURED USING A GENERALLY ACCEPTED TEST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06552-05-3

S. 3335--B                          2

FOR A SNOWMOBILE MANUFACTURED AFTER JULY FIRST, NINETEEN HUNDRED  SEVEN-
TY-SEVEN  AND  SOLD  OR  OFFERED FOR SALE IN THIS STATE, OR EIGHTY-EIGHT
DECIBELS, AS MEASURED AT FOUR METERS FROM AN INLINE  POSITION  FROM  THE
EXHAUST  AND FOUR THOUSAND RPM USING A GENERALLY ACCEPTED TEST FOR USING
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 commissioner 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 emission 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.

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