NY Pub Auth L § 1204-A (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 9 - New York City Transit Authority 1204-A - Rapid Transit Noise Code.

§ 1204-a. Rapid transit noise code. 1. As used in this section, unless another meaning is indicated by the context:   a. "Authority" means the New York City Transit Authority.   b.  "Subways"  means  all  rail  rapid transit systems operated by the authority including but not limited to rolling stock,  track  and  track beds,  passenger  stations, tunnels, elevated structures, yards, depots, and shops.   c. "New cars" means all those cars the purchase and/or construction of which is contracted for subsequent to the enactment of this section.   d. "Screech" means any noise generated by wheel-track interactions  on curves  or  by  brake application and which is a prominent discreet tone above 1000 Hertz as defined by the American National Standards Institute specifications (ANSIS1.13--1971).   e. "Sound pressure level" means twenty times the logarithm to the base ten of the ratio of the root mean squared  pressure  of  a  sound  to  a reference  pressure  of  twenty  micropascals.  The unit applied to this measure shall be the decibel (dB).   f. "A-weighted sound level or (dBA)" means the  sound  pressure  level measured  by  the use of an instrument with the metering characteristics and A-weighting frequency response prescribed for  sound  level  meters. The  sound level measurement system must meet or exceed the requirements of the American National  Standard  Institute  Specification  for  Sound Level  Meters  ANSI  S1.4--1971, approved April twenty-seventh, nineteen hundred seventy-one,  throughout  the  applicable  frequency  range  for either:  (a) A Type 1 sound level meter; or  (b) A Type 2 sound level meter; or  (c) A Type S sound level meter which has:  (1) an A-weighting frequency response; and  (2)  a  fast dynamic characteristic which complies with section 5.3 of ANSI S1.4--1971; and  (3) a relative response level tolerance consistent with that of either a Type 1 or Type 2 sound level meter, as specified  in  section  3.2  of ANSI S1.4--1971.   g. "Equivalent sound level" means the energy-average of the integrated A-weighted  sound  level  over  a  specified  observation  time T and is identified by the symbol Leg.   2. The authority shall undertake a rail rapid transit noise  abatement study,  incorporating  a  comprehensive  review  of the results of noise abatement  studies  and  projects  done  for  or  by  the   Urban   Mass Transportation   Administration  of  the  United  States  Department  of Transportation and other mass transit systems. Such study shall evaluate the range of strategies available for meeting the sound levels set forth in the following sound level table, propose strategies and indicate  the approximate  time  and necessary cost for meeting such sound levels, and indicate the expected dBA reduction  of  each  proposed  strategy.  Such study  shall  be submitted to the governor and the legislature, and made available to the public, within one year of enactment of this section.                              SOUND LEVEL TABLE a.  EQUIVALENT SOUND      LEVEL                         PERCENT COMPLIANCE                     within 4 years   within 8 years   within 12 years                        of the           of the           of the                    effective date   effective date   effective date                     of this section  of this section  of this section  I. CAR INTERIOR  A. new cars    80dBA    100%              100%             100% B. old cars    85dBA     20%               40%              70%  II. CURVE AND  BRAKE SCREECH  A. new cars No Screech  100%              100%              100% B. old cars No Screech   20%               60%              100%  III. STATION TRAINS ENTERING, LEAVING OR PASSING THROUGH 105dBA   85%               90%              100%                  90dBA   70%               80%               95%                  85dBA   50%               60%               80%                  80dBA    5%               15%               60%  IV. ELEVATED  STRUCTURES             Sound level                to be             established  10%               30%               60%    b.  In  all  cases  noise  levels  shall  be measured so as to reflect accurately the worst case of noise exposure at a specific location where a noise abatement strategy has  been  implemented,  to  which  a  subway passenger,  employee,  or any person who is within range of subway noise could reasonably be exposed under  normal  operating  conditions.  Noise measurements shall be made under the following conditions:   Car  interior: when the car is in motion at a speed of forty miles per hour during normal operation with measurements in the center of the  car and the microphone five feet above the floor.   Station: (express) when the train is in motion and passing in front of the on-platform measuring point.  (local)  when  the train is in motion and any part of it is within the station.   Car exterior (elevated tracks) when the train  is  in  motion  and  is passing  in  front  of the point from which noise measurements are being made.   c. All measurements shall be taken with fast dynamic characteristic of the sound level measurement system. Energy equivalent measurements shall normally  be  used;  provided,  however,  alternative  measures  may  be proposed  to incorporate new instrumentation or analyses that may become available.   3. Within six months of the completion of the study conducted pursuant to subdivision two of this section, the authority shall  report  to  the governor  and the legislature which strategies or portions of strategies proposed by such study it has chosen to implement, and the schedule  for such implementation.   To  the  extent,  if  any, that the authority's plan fails to meet the standards specified in the sound table, the authority shall so state and provide the reasons for its inability to meet such standards.   4. The authority shall submit to  the  governor  and  the  legislature annual  reports  detailing  the  authority's progress to date in abating  subway noise. The report  shall  include,  but  not  be  limited  to  an itemized  summary  of  all  monies  spent,  bids requested and received, contracts let, and actual work done on noise abatement  programs  during the  previous  period. Any and all subway noise measurements made during the previous period shall be included, with, whenever possible, analyses of such measurements.   Such annual report shall also  include  a  detailed  analysis  of  all future  noise  abatement  activities  planned  for  the  upcoming twelve months. These reports shall also  include  comprehensive  statements  of progress  made on all planned noise abatement activities included in the previous annual report.   Nothing herein shall preclude such report from being  incorporated  in the authority's annual capital report submitted pursuant to the "capital financing  and  services  system act of nineteen hundred eighty-one," so long as it is  maintained  as  a  separate,  distinct  and  identifiable component in such report.