In this document: Actions :: Votes :: Memo :: Bill text
SAME AS Same as Uni. S 3003-B
SPONSOR Grannis
COSPNSR DiNapoli, Englebright, Cohen A, Paulin, Stringer
MLTSPNSR Brennan, DelMonte, Destito, Dinowitz, Galef, Glick, Gottfried,
Grodenchik, Gromack, Koon, Lafayette, Lavelle, McEneny, Millman,
O`Donnell, Ortiz, Pheffer, Sanders, Sweeney, Tonko, Towns, Weinstein
Weisenberg
Add Art 20 SS20-0101 - 20-0117, En Con L; amd S44, Pub Serv L
Enacts the healthy, safe and energy efficient outdoor lighting act to reduce
harmful outdoor lighting; sets standards for outdoor lighting; provides for the
designation of dark-sky preserves; defines light trespass; provides for
distribution to customers by electric corporations or municipalities providing
electric service of an informational pamphlet relating to outdoor lighting.
03/13/2003 referred to environmental conservation 04/22/2003 amend and recommit to environmental conservation 04/22/2003 print number 6950a 05/06/2003 reported referred to codes 05/13/2003 reported referred to rules 06/03/2003 amend and recommit to rules 6950b 06/12/2003 rules report cal.543 06/12/2003 ordered to third reading rules cal.543 06/17/2003 passed assembly 06/17/2003 delivered to senate 06/17/2003 REFERRED TO RULES 01/07/2004 DIED IN SENATE 01/07/2004 RETURNED TO ASSEMBLY 01/07/2004 committed to rules
Abbate Y Carrozz Y Farrell Y Hoyt Y McDonou NO Powell Y Sweeney Y Acampor Y Casale NO Ferrara Y Jacobs Y McEneny Y Prentis Y Tedisco Y Alfano Y Christe Y Finch NO John Y McLaugh Y Pretlow Y Thiele Y Arroyo Y Clark Y Fitzpat NO Karben Y Miller Y Raia NO Titus Y Auberti Y Cohe A Y Galef Y Kaufman Y Millman Y Ramos Y Tocci Y Aubry NO Cohe M Y Gantt Y Kirwan Y Mills Y Reilich NO Tokasz Y Bacalle ER Colton Y Gianari Y Klein Y Mirones Y Rive J Y Tonko Y Barclay NO Conte Y Glick Y Kolb NO Morelle Y Rive PM Y Towns Y Barra Y Cook ER Gordon Y Koon Y Nesbitt NO Robinso Y Townsen NO Barraga NO Crouch NO Gottfri Y Labriol NO Nolan Y Sanders Y Warner Y Benjami Y Cusick Y Grannis Y Lafayet Y Norman Y Sayward NO Weinste Y Bing Y Cymbrow Y Green Y Lavelle Y Oaks NO Scarbor Y Weisenb Y Boyland Y DelMont Y Greene Y Lentol Y O`Conne Y Schimmi NO Weprin Y Bradley Y Destito Y Grodenc Y Levy NO O`Donne Y Scozzaf NO Winner NO Brennan Y Diaz LM Y Gromack Y Lifton Y Ortiz Y Seddio Y Wirth NO Brodsky Y Diaz R NO Gunther Y Lopez Y Ortloff Y Seminer ER Wright Y Brown NO DiNapol Y Hayes NO Magee Y Parment Y Sidikma Y Young NO Burling NO Dinowit Y Heastie Y Magnare Y Paulin Y Smith NO Mr Spkr Y Butler NO Eddingt Y Higgins Y Manning Y Peoples Y Spano Y Cahill Y Englebr Y Hikind Y Markey Y Peralta Y Stephen Y Calhoun NO Errigo NO Hooker NO Mayerso Y Perry Y Stranie Y Canestr Y Espaill Y Hooper Y McDonal NO Pheffer Y Stringe Y
TITLE OF BILL: An act to amend the environmental conservation law and
the public service law, in relation to enacting the healthy, safe and
energy efficient outdoor lighting act
PURPOSE OR GENERAL IDEA OF BILL: This bill provides for the management
of outdoor night lighting to protect the nighttime environment,
enhance safety and security, and conserve energy.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds a new Article 20 to the
environmental conservation law, the Healthy, Safe and Energy Efficient
Outdoor Lighting Act. Article 20 includes sections 20-0101 setting out
legislative findings, section 20-0103 stating a short title, section
20-0105 defining terms, section 20-0107 on permanent outdoor lighting,
section 20-0109 on dark-sky preserves, section 20-0111 on light
trespass, section 20-0113 requiring the Department of Environmental
Conservation (DEC), in consultation with the New York Energy Research
and Development Authority (NYSERDA) to develop and distribute a model
comprehensive outdoor lighting ordinance, and section 20-0115
requiring DEC, in consultation with NYSERDA to develop and distribute
a pamphlet promoting the bill`s goals of energy conservation and more
effective night lighting and describing how the provisions of this
bill will achieve them. Section 2 directs the Public Service
Commission to require that every electric corporation or municipality
providing electric service include the educational pamphlets in its
bills to customers.
JUSTIFICATION: This bill is intended to limit excessive outdoor
illumination. Excessive illumination wastes energy, intrudes on the
privacy of others, creates glare which reduces the effect of lighting,
deteriorates the natural nighttime environment, and reduces the
ability for astronomical observation.
Outdoor lighting is used to illuminate roadways, parking lots, yards,
sidewalks, public meeting areas, signs, work sites and buildings. When
well designed, it improves visibility, adds an element of safety and
creates a sense of security, while at the same time minimizing energy
use and operating costs. If, however, it is not well designed it can
be costly, inefficient, counterproductive, and harmful to the
nighttime environment.
Much of the outdoor lighting in use today wastes energy because it is
poorly designed. This waste results in both higher costs for providing
such lighting and increased pollution from the power plants that
produce the wasted electricity. It is conservatively estimated that $3
to $4.5 billion a year is wasted in the United States in the
unintended lighting of the sky rather than the streets, walkways, and
outdoor public spaces which the light was intended to illuminate.
In addition to wasting energy, poorly designed lighting often causes
blinding glare. Glare occurs when you see light directly from a
fixture or bulb. The glare from poorly designed or positioned lighting
hampers the vision of drivers and pedestrians, reducing its
effectiveness and creating a hazard rather than increasing safety. It
shines onto neighboring properties and into nearby residences,
reducing privacy, hindering sleep, and diminishing the beauty of the
natural surroundings in areas far removed from the source of such
lighting. A large portion of such lighting shines directly upward,
creating the sky glow above population centers, adversely affecting
the view of the night sky. In addition to lowering the cost of outdoor
lighting, limiting sky glow will allow future generations to enjoy the
beauty of the stars, and to study and learn from or simply marvel at
the wonders of the night sky.
The legislation addresses these problems in the following ways:
* It restricts the installation of new lighting by state agencies or
public corporations to fully-shielded luminaires. A fully-shielded
luminaire is constructed and installed in such a manner that all light
emitted by it is projected below a horizontal plane through the lowest
light emitting part of a light fixture.
* It exempts replacement of luminaires that are part of a continuous
roadway lighting design from the requirement that only fully shielded
luminaires be installed by state agencies and public corporation.
* It allows the chief executive officer of any state agency or public
corporation to exempt the state agency or public corporation from the
requirement that it install only fully shielded luminaires, based upon
a written determination by the chief executive officer that a
compelling safety interest requires that other types of lighting be
installed.
* It exempts historic or decorative lighting if the installation of
fully shielded luminaires detracts from the aesthetic character of the
existing lighting.
* It exempts tunnel, airport, underbridge, roadway signage,
navigational and natural and cultural monument lighting from the
requirement to install fully shielded luminaires.
* It requires the commissioner, in consultation with NYSERDA, to
develop luminaire efficiency and lamp luminous efficacy standards by
January 1, 2004 and requires that these standards take effect January
1, 2005.
* It requires that the department in consultation with NYSERDA report
to the legislature on technological advances that affect the
provisions of this article and recommend amendments to this article
which would increase its effectiveness in achieving the bill`s stated
purposes.
* It empowers the DEC commissioner to identify and propose
restrictions for "dark sky preserves" of the state.
* It establishes limits on "light trespass", defined as light that is
unreasonably placed or operated so as to shine beyond the boundaries
of one`s property.
* It exempts public corporations and electric corporations providing
roadway lighting under contract to a public corporation from light
trespass restrictions.
* It limits penalties for light trespass violations to a maximum of
$1000 fine, to be imposed only after the person found to have
committed a violation has had an opportunity to cure the violation.
* It requires the commissioner of DEC in consultation with NYSERDA and
the Public Service Commission, to promulgate rules and regulations on
light trespass.
* It requires the commissioner to prepare and distribute a model
outdoor lighting ordinance to cities, towns, and villages throughout
the state.
* It requires the commissioner, in consultation with NYSERDA, to
develop and widely disseminate a pamphlet describing the purposes and
provisions of this act.
PRIOR LEGISLATIVE HISTORY:
2002: A.9757-B Rules
2001: A.5352-B Passed Assembly and Senate
Vetoed by the Governor
2000: A.6357-A Passed Assembly
1999: A.6357-A EnCon Committee
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become law.
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3003--B A. 6950--B
2003-2004 Regular Sessions
S E N A T E - A S S E M B L Y
March 13, 2003
___________
IN SENATE -- Introduced by Sens. MARCELLINO, DeFRANCISCO, FUSCHILLO,
HOFFMANN, JOHNSON, LAVALLE, MARCHI, MAZIARZ, MENDEZ, PADAVAN, RATH,
TRUNZO, VELELLA -- read twice and ordered printed, and when printed to
be committed to the Committee on Environmental Conservation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- reported favorably from said committee and
committed to the Committee on Rules -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
IN ASSEMBLY -- Introduced by M. of A. GRANNIS, DiNAPOLI, ENGLEBRIGHT,
A. COHEN, PAULIN, STRINGER -- Multi-Sponsored by -- M. of A. BRENNAN,
DelMONTE, DESTITO, DINOWITZ, GALEF, GLICK, GOTTFRIED, GRODENCHIK,
GROMACK, KOON, LAFAYETTE, LAVELLE, McENENY, MILLMAN, O`DONNELL, ORTIZ,
PHEFFER, SANDERS, SWEENEY, TONKO, TOWNS, WEINSTEIN, WEISENBERG -- read
once and referred to the Committee on Environmental Conservation --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported and referred to the Commit-
tee on Rules -- Rules Committee discharged, bill amended, ordered
reprinted as amended and recommitted to the Committee on Rules
AN ACT to amend the environmental conservation law and the public
service law, in relation to enacting the healthy, safe and energy
efficient outdoor lighting act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The environmental conservation law is amended by adding a
2 new article 20 to read as follows:
3 ARTICLE 20
4 HEALTHY, SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING ACT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD05376-10-3
S. 3003--B 2 A. 6950--B
1 SECTION 20-0101. LEGISLATIVE FINDINGS AND POLICY.
2 20-0103. SHORT TITLE.
3 20-0105. DEFINITIONS.
4 20-0107. PERMANENT OUTDOOR LUMINAIRE.
5 20-0109. DARK-SKY PRESERVES.
6 20-0111. LIGHT TRESPASS.
7 20-0113. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
8 20-0115. INFORMATIONAL PAMPHLET.
9 20-0117. APPLICABILITY.
10 S 20-0101. LEGISLATIVE FINDINGS AND POLICY.
11 THE LEGISLATURE FINDS THAT CAREFUL MANAGEMENT OF OUTDOOR LIGHTING IS
12 NECESSARY TO PROTECT THE HEALTH, SAFETY, ENERGY SECURITY, ENVIRONMENT
13 AND GENERAL WELFARE OF THE PEOPLE OF THE STATE.
14 UNTIL THE END OF THE NINETEENTH CENTURY, WANING DAYLIGHT BROUGHT AN
15 END TO MANY OF MANKIND`S ACTIVITIES. THIS BEGAN TO CHANGE WITH THE
16 INTRODUCTION OF INCANDESCENT LAMPS, WHICH DRAMATICALLY INCREASED THE
17 RANGE OF PURSUITS POSSIBLE AFTER DARK. CIVIC, SOCIAL, CULTURAL, EDUCA-
18 TIONAL, AND COMMERCIAL ENDEAVORS NOW GO FORWARD WITH AN EASE AND FREEDOM
19 UNIMAGINABLE IN EARLIER TIMES. AS THE SCIENCE OF LIGHTING EVOLVED,
20 HOWEVER, TECHNICAL ADVANCEMENTS GRADUALLY OUTSTRIPPED THE BASIC REQUIRE-
21 MENT OF PROVIDING ADEQUATE ILLUMINATION FOR THE TASK AT HAND. AT LEAST
22 IN THE CASE OF OUTDOOR LIGHTING, THERE IS NOW GROWING RECOGNITION THAT
23 THE CONSEQUENCES ARE NOT ALTOGETHER BENIGN.
24 INCREASING SCIENTIFIC AND EXPERIENTIAL EVIDENCE DEMONSTRATES THAT
25 MISDIRECTED, UNSHIELDED, EXCESSIVE OR UNNECESSARY OUTDOOR NIGHT LIGHTING
26 HAS MAJOR DETRIMENTAL EFFECTS. ENERGY IS WASTED WHEN ILLUMINATION IS
27 USED EXCESSIVELY AND INEFFICIENTLY, CAUSING UNNECESSARY HEALTH-THREATEN-
28 ING EMISSIONS FROM BURNING OF FOSSIL FUELS. SUCH EMISSIONS ALSO POLLUTE
29 THE STATE`S WATERS AND CONTRIBUTE TO GLOBAL WARMING.
30 MISDIRECTED AND UNNECESSARY OUTDOOR LIGHTING CAN INVADE PRIVACY AND
31 LESSEN THE ENJOYMENT OF OWNERS OF ADJACENT PROPERTIES AS IT CROSSES
32 PROPERTY LINES.
33 BECAUSE THE HUMAN EYE AUTOMATICALLY ADJUSTS TO THE BRIGHTEST LIGHT IN
34 VIEW, THE GLARE FROM UNSHIELDED OR EXCESSIVELY BRIGHT OUTDOOR LIGHTING
35 CAN ACTUALLY INTERFERE WITH THE CLEAR PERCEPTION OF OTHER OBJECTS IN
36 ONE`S FIELD OF VISION.
37 INAPPROPRIATE USE OF OUTDOOR LIGHTING CAN HAVE A NEGATIVE IMPACT ON
38 THE NATURAL ENVIRONMENT, INTERFERING WITH NORMAL PATTERNS OF ACTIVITY,
39 BEHAVIOR AND PHYSIOLOGY OF FLORA AND FAUNA. RECENT RESEARCH HAS INDI-
40 CATED THAT EXPOSURE TO LIGHT AT NIGHT CAN UPSET NORMAL HUMAN CIRCADIAN
41 RHYTHMS, THEREBY DISRUPTING HORMONE SECRETIONS AND WEAKENING THE BODY`S
42 IMMUNE SYSTEM.
43 IN ADDITION, SKY GLOW FROM UNSHIELDED AND UNNECESSARY OUTDOOR LIGHTING
44 THWARTS THE AGES-OLD HUMAN YEARNING TO GAZE AT, LEARN FROM AND ENJOY THE
45 WONDERS OF THE NIGHT SKY.
46 THE LEGISLATURE FURTHER FINDS THAT COST-EFFICIENT MEANS AND PRACTICES
47 EXIST THROUGH APPROPRIATE USE OF LUMINAIRES TO PROVIDE ADEQUATE NIGHT
48 LIGHTING WHEN NEEDED THAT IS SAFE AND EFFECTIVE BUT CAUSES MINIMAL LIGHT
49 TRESPASS, GLARE, AND SKY GLOW. THESE MEANS AND PRACTICES ARE POSSIBLE
50 WITH INCREASED PUBLIC AWARENESS THROUGH EDUCATION AND PRUDENT PUBLIC
51 ACTION AS PROVIDED IN THIS ARTICLE.
52 THEREFORE, IT IS THE PURPOSE OF THIS ARTICLE TO BEGIN LIMITING LIGHT
53 POLLUTION IN THE STATE IN A COST-EFFECTIVE AND SOCIALLY FEASIBLE MANNER
54 IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY AND THE ENVIRONMENT.
55 IN FURTHERANCE THEREOF, IT IS HEREBY DECLARED TO BE THE POLICY OF THE
56 STATE TO PROHIBIT THE PLACEMENT OF A LUMINAIRE BY ANY PUBLIC CORPORATION
S. 3003--B 3 A. 6950--B
1 IN A MANNER WHEREBY ILLUMINATION OR GLARE IS CAST UNNECESSARILY ACROSS
2 PROPERTY LINES WITH THE EFFECT OF REDUCING PRIVACY AND THE USE AND
3 ENJOYMENT OF ADJACENT PROPERTY, HINDERING SLEEP, CREATING SKY GLOW
4 AND/OR DETRACTING FROM THE APPEARANCE OF AN AREA IN VIOLATION OF THE
5 PROVISIONS OF THIS ARTICLE.
6 S 20-0103. SHORT TITLE.
7 THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTHY, SAFE AND
8 ENERGY EFFICIENT OUTDOOR LIGHTING ACT".
9 S 20-0105. DEFINITIONS.
10 AS USED IN THIS ARTICLE:
11 1. "LUMINAIRE" MEANS A COMPLETE LIGHTING UNIT, INCLUDING A LAMP OR
12 LAMPS TOGETHER WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSI-
13 TION AND PROTECT THE LAMPS, AND TO CONNECT THE LAMPS TO THE POWER
14 SUPPLY.
15 2. "GLARE" MEANS LIGHT EMITTED BY A LUMINAIRE THAT CAUSES REDUCED
16 VISIBILITY OR MOMENTARY BLINDNESS BY SHINING DIRECTLY INTO THE EYES OF
17 THE VIEWER.
18 3. "LAMP" MEANS THE COMPONENT OF A LUMINAIRE THAT PRODUCES LIGHT.
19 4. "LIGHT POLLUTION" MEANS ANY ADVERSE EFFECT OF OUTDOOR LIGHTING
20 INCLUDING, BUT NOT LIMITED TO, GLARE, SKY GLOW, AND LIGHT TRESPASS.
21 5. "LUMEN" MEANS A SPECIFIC STANDARD UNIT OF MEASUREMENT OF LUMINOUS
22 FLUX, REPRESENTING THE QUANTITY OF LIGHT PRODUCED BY A LAMP OR EMITTED
23 FROM A LUMINAIRE.
24 6. "FULLY SHIELDED LUMINAIRE" MEANS A LUMINAIRE CONSTRUCTED AND
25 INSTALLED IN SUCH A MANNER THAT ALL LIGHT EMITTED BY IT, EITHER DIRECTLY
26 FROM THE LAMP OR A DIFFUSING ELEMENT, OR INDIRECTLY BY REFLECTION OR
27 REFRACTION FROM ANY PART OF THE LUMINAIRE, IS PROJECTED BELOW THE HORI-
28 ZONTAL.
29 7. "PERMANENT OUTDOOR LUMINAIRE" MEANS ANY LUMINAIRE OR SYSTEM OF
30 LUMINAIRES THAT IS OUTDOORS AND THAT IS USED FOR MORE THAN TEN DAYS IN A
31 THREE HUNDRED SIXTY-FIVE DAY PERIOD.
32 8. "ROADWAY LIGHTING" MEANS PERMANENT OUTDOOR LUMINAIRES THAT ARE
33 SPECIFICALLY INTENDED TO ILLUMINATE ROADWAYS FOR AUTOMOTIVE VEHICLES.
34 9. "SKY GLOW" MEANS THE ILLUMINATION OF THE NIGHTTIME SKY THAT RESULTS
35 FROM UPWARD SHINING LIGHT, WHICH IS REFLECTED OFF MOLECULES AND PARTI-
36 CLES OF DIRT AND MOISTURE IN THE ATMOSPHERE.
37 S 20-0107. PERMANENT OUTDOOR LUMINAIRE.
38 1. NO STATE AGENCY OR PUBLIC CORPORATION SHALL INSTALL OR CAUSE TO BE
39 INSTALLED ANY NEW OR REPLACEMENT PERMANENT OUTDOOR LUMINAIRE UNLESS THE
40 FOLLOWING CONDITIONS ARE MET:
41 (A) THE NEW OR REPLACEMENT LUMINAIRE IS A FULLY SHIELDED LUMINAIRE IF
42 THE RATED INITIAL TOTAL OUTPUT OF ITS LAMP OR LAMPS IS GREATER THAN 1800
43 LUMENS;
44 (B) IF A LIGHTING RECOMMENDATION PUBLISHED BY THE ILLUMINATING ENGI-
45 NEERING SOCIETY OF NORTH AMERICA APPLIES, NO MORE THAN THE MINIMUM MAIN-
46 TAINED LIGHT LEVEL ADEQUATE TO MEET THE RECOMMENDATION IS USED;
47 (C) IF NO SUCH LIGHTING RECOMMENDATION APPLIES, NO MORE THAN THE MINI-
48 MUM MAINTAINED LIGHT LEVEL ADEQUATE FOR THE INTENDED PURPOSE IS USED;
49 (D) FOR ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS, A DETERMI-
50 NATION IS MADE THAT THE PURPOSE OF THE LIGHTING INSTALLATION OR REPLACE-
51 MENT CANNOT BE ACHIEVED BY INSTALLATION OF REFLECTORIZED ROADWAY MARK-
52 ERS, LINES, WARNINGS OR INFORMATIONAL SIGNS, OR OTHER PASSIVE MEANS;
53 (E) ADEQUATE CONSIDERATION HAS BEEN GIVEN TO CONSERVING ENERGY AND
54 MINIMIZING GLARE, SKY GLOW, AND LIGHT TRESPASS; AND
S. 3003--B 4 A. 6950--B
1 (F) THE NEW OR REPLACEMENT LUMINAIRE MEETS THE LUMINAIRE EFFICIENCY
2 AND LAMP LUMINOUS EFFICACY STANDARDS DEVELOPED PURSUANT TO SUBDIVISION
3 FIVE OF THIS SECTION.
4 2. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF
5 SUBDIVISION ONE OF THIS SECTION:
6 (A) SITUATIONS WHERE FEDERAL LAWS, RULES AND REGULATIONS TAKE PRECED-
7 ENCE; AND
8 (B) SITUATIONS WHERE FIRE, POLICE, RESCUE, OR REPAIR PERSONNEL INCLUD-
9 ING UTILITY PERSONNEL NEED LIGHT FOR TEMPORARY EMERGENCIES OR ROAD
10 REPAIR WORK.
11 3. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF
12 PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION:
13 (A) THE LUMINAIRE IS A REPLACEMENT FOR A LUMINAIRE THAT IS PART OF A
14 CONTINUOUS ROADWAY LIGHTING DESIGN;
15 (B) THE LUMINAIRE IS A HISTORIC OR DECORATIVE LUMINAIRE WHICH IS PART
16 OF A CONTINUOUS LIGHTING DESIGN WHERE THE REPLACEMENT OF THE LUMINAIRE
17 PIECEMEAL WITH COMPLIANT LUMINAIRES WOULD UNACCEPTABLY DEGRADE THE
18 AESTHETIC CHARACTERISTICS OF THE EXISTING LIGHTING DESIGN;
19 (C) SITUATIONS WHERE THERE ARE SPECIAL REQUIREMENTS, SUCH AS SPORTS
20 FACILITIES, TUNNELS, NAVIGATION LIGHTING, AIRPORTS, UNDERBRIDGE LIGHT-
21 ING, NATURAL AND CULTURAL MONUMENTS, OR FLAG LIGHTING; PROVIDED, HOWEV-
22 ER, THAT ALL SUCH LIGHTING SHALL BE SELECTED AND INSTALLED TO SHIELD THE
23 LAMP OR LAMPS FROM DIRECT VIEW AND TO MINIMIZE UPWARD LIGHTING, GLARE
24 AND LIGHT TRESPASS TO THE GREATEST EXTENT POSSIBLE; AND
25 (D) SITUATIONS WHERE A WRITTEN DETERMINATION WITH FINDINGS HAS BEEN
26 MADE THAT A SPECIFIED EXEMPTION TO ANY REQUIREMENT OF SUBDIVISION ONE OF
27 THIS SECTION IS NECESSARY AND APPROPRIATE FOR A COMPELLING SAFETY INTER-
28 EST THAT CANNOT BE ADEQUATELY ADDRESSED BY ANY OTHER METHOD. WHERE THIS
29 EXEMPTION IS FOR A STATE AGENCY OR STATE PUBLIC CORPORATION, THE WRITTEN
30 DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
31 OR CORPORATION. WHERE THE EXEMPTION IS FOR A COUNTY, CITY, TOWN, OR
32 VILLAGE, OR A PUBLIC CORPORATION THEREIN, THE WRITTEN DETERMINATION
33 SHALL BE MADE BY THE COUNTY EXECUTIVE, MAYOR, SUPERVISOR, OR CHIEF EXEC-
34 UTIVE OFFICER WHERE THE EXEMPTION WILL BE MADE.
35 4. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTA-
36 TION AND THE OFFICE OF GENERAL SERVICES AND GIVING CONSIDERATION TO THE
37 RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
38 NORTH AMERICA, SHALL ESTABLISH RULES TO IMPLEMENT THE PROVISIONS OF THIS
39 SECTION, INCLUDING A SYSTEM TO ENSURE THAT THE USE OF STATE FUNDS FOR
40 STREET LIGHTING COMPLIES WITH THE REQUIREMENTS SET FORTH HEREIN AND
41 SHALL PROVIDE FOR THE WIDE DISSEMINATION OF THIS INFORMATION.
42 5. THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
43 RESEARCH AND DEVELOPMENT AUTHORITY, SHALL DEVELOP LUMINAIRE EFFICIENCY
44 AND LAMP LUMINOUS EFFICACY STANDARDS FOR LIGHTING REGULATED UNDER THIS
45 SECTION. FOR PURPOSES OF THIS SECTION "LUMINAIRE EFFICIENCY" SHALL MEAN
46 THE PERCENTAGE OF LUMENS GENERATED BY A LAMP WHICH ACTUALLY LEAVE A
47 LUMINAIRE; AND LAMP LUMINOUS EFFICACY SHALL MEAN THE AMOUNT OF LIGHT
48 GENERATED BY A LAMP/BALLAST SYSTEM (IN LUMENS) DIVIDED BY THE POWER IT
49 USES (IN WATTS). SUCH STANDARDS SHALL BE PROMULGATED ON OR BEFORE JANU-
50 ARY FIRST, TWO THOUSAND FOUR AND SHALL TAKE EFFECT JANUARY FIRST, TWO
51 THOUSAND FIVE.
52 6. IN RECOGNITION OF THE ONGOING RESEARCH INTO AND DEVELOPMENT OF NEW
53 TECHNOLOGIES IN THE OUTDOOR LIGHTING FIELD, THE DEPARTMENT, IN CONSULTA-
54 TION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
55 SHALL REPORT TO THE LEGISLATURE REGARDING NEW FINDINGS FROM RESEARCH AND
56 NEW TECHNOLOGIES THAT MAY AFFECT THE PROVISIONS OF THIS ARTICLE. SUCH
S. 3003--B 5 A. 6950--B
1 REPORTING MAY INCLUDE RECOMMENDED AMENDMENTS TO THIS ARTICLE TO INCREASE
2 ITS EFFECTIVENESS IN IMPLEMENTING THE PURPOSES OF ACHIEVING HEALTHY,
3 SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING.
4 S 20-0109. DARK-SKY PRESERVES.
5 1. THE COMMISSIONER MAY IDENTIFY AND DESIGNATE AS "DARK-SKY PRESERVES"
6 AREAS OF THE STATE WHICH ARE ESPECIALLY SUITABLE FOR ASTRONOMICAL OBSER-
7 VATIONS AND/OR WHICH PROVIDE, DUE TO THEIR DARKNESS, NOCTURNAL BENEFITS
8 TO FLORA AND FAUNA, OR TO CITIZENS DESIRING VIEWS OF UNPOLLUTED OR RELA-
9 TIVELY UNPOLLUTED NIGHT SKIES.
10 2. WITHIN EIGHTEEN MONTHS OF THE DESIGNATION OF THE FIRST DARK-SKY
11 PRESERVE, THE COMMISSIONER SHALL PREPARE AND SUBMIT TO THE GOVERNOR AND
12 LEGISLATURE A PROPOSED PLAN TO PRESERVE THESE AREAS AS NECESSARY AND
13 APPROPRIATE TO PROTECT ASTRONOMICAL OBSERVATIONS AND/OR FLORA AND FAUNA.
14 S 20-0111. LIGHT TRESPASS.
15 1. FOR THE PURPOSES OF THIS ARTICLE, THE TERM "LIGHT TRESPASS" SHALL
16 MEAN THE PLACEMENT OR OPERATION OF A LUMINAIRE BY OTHER THAN A PUBLIC
17 CORPORATION, OR AN ELECTRIC CORPORATION PROVIDING ROADWAY LIGHTING UNDER
18 CONTRACT TO A PUBLIC CORPORATION, IN A MANNER WHEREBY ILLUMINATION OR
19 GLARE IS CAST UNNECESSARILY ON THE PROPERTY OF ANOTHER WITH THE EFFECT
20 OF REDUCING PRIVACY, LIMITING USE OR ENJOYMENT, HINDERING SLEEP AND/OR
21 DETRACTING FROM THE APPEARANCE OF THE ILLUMINATED PROPERTY WITHOUT THE
22 PERMISSION OF THE OWNER, LESSEE OR LAWFUL OCCUPANT THEREOF. IN DETERMIN-
23 ING WHETHER LIGHT TRESPASS HAS OCCURRED, THE COURT SHALL CONSIDER RULES
24 AND REGULATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS
25 SECTION.
26 2. NOT LESS THAN THIRTY DAYS BEFORE COMMENCING AN ACTION ALLEGING
27 LIGHT TRESPASS, WRITTEN NOTICE OF INTENTION TO COMMENCE SUCH ACTION MUST
28 BE GIVEN BY PERSONAL SERVICE OR CERTIFIED MAIL TO THE OWNER, LESSEE OR
29 LAWFUL OCCUPANT OF THE PROPERTY ON WHICH THE LUMINAIRE IS LOCATED TO
30 PROVIDE AN OPPORTUNITY TO CURE THE VIOLATION.
31 3. UPON A FINDING OF LIGHT TRESPASS, THE COURT MAY ORDER THE PERSON
32 FOUND TO HAVE COMMITTED LIGHT TRESPASS TO CURE THE VIOLATION AND IF THE
33 VIOLATION IS NOT CURED IN A TIMELY MANNER IMPOSE DAMAGES NOT TO EXCEED
34 ONE THOUSAND DOLLARS.
35 4. THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
36 RESEARCH AND DEVELOPMENT AUTHORITY AND THE PUBLIC SERVICE COMMISSION
37 SHALL, BY THE EFFECTIVE DATE OF THIS ARTICLE, PROMULGATE RULES AND REGU-
38 LATIONS GOVERNING THE PLACEMENT AND OPERATION OF LUMINAIRES AND ESTAB-
39 LISHING GUIDELINES FOR DETERMINING LIGHT TRESPASS AS DEFINED IN SUBDIVI-
40 SION ONE OF THIS SECTION, GIVING CONSIDERATION TO:
41 (A) THE RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING
42 SOCIETY OF NORTH AMERICA,
43 (B) THE EXTENT TO WHICH THE LUMINAIRE IS FURTHERING A LAWFUL PURPOSE,
44 (C) THE SEVERITY OF THE EFFECT OF THE LUMINAIRE ON THE PROPERTY OF
45 OTHER PERSONS,
46 (D) THE AVAILABILITY OF LUMINAIRES THAT WOULD REDUCE THE SEVERITY OF
47 THE EFFECTS ON OTHER PERSONS WHILE RETAINING THE INTENDED BENEFITS FOR
48 THE OWNER OF THE LIGHTING, AND
49 (E) THE GENERAL CHARACTER AND THE USE OF THE PROPERTIES AND AREAS
50 INVOLVED.
51 5. NOTHING IN THIS SECTION SHALL APPLY TO LIGHTING INSTALLED TO COMPLY
52 WITH REGULATIONS AND GUIDELINES FOR LIGHTING DEEMED NECESSARY FOR SECU-
53 RITY PURPOSES BY THE PUBLIC SERVICE COMMISSION OR ANY FEDERAL AGENCY, OR
54 THE MINIMUM LIGHTING REQUIREMENTS OF SECTION SEVENTY-FIVE-C OF THE BANK-
55 ING LAW. IN ADDITION, NOTHING IN THIS SECTION SHALL APPLY TO LIGHTING
56 FOR A THEATER THAT REGULARLY PRESENTS LIVE THEATRICAL PERFORMANCES
S. 3003--B 6 A. 6950--B
1 WHICH: (A) COMPLIES WITH ALL APPLICABLE ZONING AND LAND USE REQUIRE-
2 MENTS; AND (B) IS CONSISTENT WITH THE HISTORIC QUALITY AND CHARACTER OF
3 THEATER LIGHTING.
4 6. IT SHALL BE AN AFFIRMATIVE DEFENSE TO AN ALLEGATION OF LIGHT TRES-
5 PASS THAT THE INSTALLATION OR OPERATION OF A LUMINAIRE COMPLIES WITH ALL
6 APPLICABLE ZONING AND LAND USE REQUIREMENTS AND WITH THE RULES AND REGU-
7 LATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO SUBDIVISION FOUR OF
8 THIS SECTION.
9 S 20-0113. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
10 THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
11 RESEARCH AND DEVELOPMENT AUTHORITY, THE SECRETARY OF STATE AND THE
12 COMMISSIONERS OF TRANSPORTATION AND THE OFFICE OF GENERAL SERVICES,
13 SHALL PREPARE OR CAUSE TO BE PREPARED AND DISTRIBUTED TO CITIES, TOWNS
14 AND VILLAGES A MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE FOR THE
15 PURPOSE OF SAVING ENERGY, REDUCING UNNECESSARY GLARE AND REDUCING UNNEC-
16 ESSARY SKY GLOW.
17 S 20-0115. INFORMATIONAL PAMPHLET.
18 THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
19 RESEARCH AND DEVELOPMENT AUTHORITY AND GIVING CONSIDERATION TO THE
20 RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
21 NORTH AMERICA, SHALL DEVELOP AND DISTRIBUTE TO EVERY MUNICIPALITY AND
22 EVERY ELECTRIC CORPORATION OR MUNICIPALITY PROVIDING ELECTRIC SERVICE IN
23 THIS STATE A PAMPHLET CONTAINING INFORMATION REGARDING THE PROVISIONS OF
24 THIS ARTICLE WITH RESPECT TO OUTDOOR LIGHTING.
25 S 20-0117. APPLICABILITY.
26 THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND SUPPLEMENTAL AND
27 SHALL NOT APPLY WITHIN ANY COUNTY OR MUNICIPALITY THAT, BY ORDINANCE OR
28 RESOLUTION, HAS ADOPTED PROVISIONS RESTRICTING LIGHT POLLUTION THAT ARE
29 AS, OR MORE, STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
30 S 2. Section 44 of the public service law is amended by adding a new
31 subdivision 5 to read as follows:
32 5. THE COMMISSION SHALL REQUIRE EVERY ELECTRIC CORPORATION OR MUNICI-
33 PALITY PROVIDING ELECTRIC SERVICE TO SEND TO EACH CUSTOMER IN ITS BILLS
34 A COPY OF THE INFORMATIONAL PAMPHLET RELATING TO OUTDOOR LIGHTING DEVEL-
35 OPED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION
36 20-0115 OF THE ENVIRONMENTAL CONSERVATION LAW. THE COMMISSION SHALL
37 COORDINATE WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO ENSURE
38 THAT EVERY ELECTRIC CORPORATION AND MUNICIPALITY PROVIDING ELECTRIC
39 SERVICE SHALL RECEIVE AN ADEQUATE SUPPLY OF SUCH PAMPHLETS SUITABLE FOR
40 DISTRIBUTION TO ITS CUSTOMERS IN THEIR UTILITY BILLS.
41 S 3. This act shall take effect on the one hundred eightieth day after
42 it shall have become a law; provided, however, that effective immediate-
43 ly, the addition, amendment and/or repeal of any rule or regulation
44 necessary for the implementation of this act on its effective date is
45 authorized to be made and completed on or before such effective date.
.SO DOC C 3003B/6950B *END* BTXT 2003