(Archived from NYS Assembly Web Site on November 19, 2008.)

A7438 Summary:

BILL NO    A07438A

SAME AS    Same as S 4364-A

SPONSOR    Rosenthal

COSPNSR    Alessi, Englebright, Paulin, Lafayette, Lupardo, Cahill, Brook-Krasny

MLTSPNSR   Boyland, Brennan, DelMonte, Destito, Dinowitz, Gabryszak, Galef,
           Glick, Gottfried, Koon, Lopez V, McEneny, Millman, O`Donnell, Ortiz,
           Pheffer, Stirpe, Sweeney, Towns, Young

Add Art 20 SS20-0101 - 20-0115, 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 pollution; provides for
distribution to customers by electric corporations or municipalities providing
electric service of an informational pamphlet relating to outdoor lighting.

A7438 Actions:

BILL NO    A07438A

04/13/2007 referred to environmental conservation
05/30/2007 reported referred to codes
06/12/2007 reported referred to rules
06/13/2007 reported
06/13/2007 rules report cal.249
06/13/2007 ordered to third reading rules cal.249
06/20/2007 passed assembly
06/20/2007 delivered to senate
06/20/2007 REFERRED TO RULES
01/09/2008 DIED IN SENATE
01/09/2008 RETURNED TO ASSEMBLY
01/09/2008 ordered to third reading cal.522
06/16/2008 amended on third reading 7438a
06/23/2008 passed assembly
06/23/2008 delivered to senate
06/23/2008 REFERRED TO RULES

A7438 Votes:

BILL: A07438A DATE: 06/23/2008  MOTION:                       YEA/NAY: 111/032

Abbate  Y  Calhoun NO Espaill Y  Hyer-Sp Y  Markey  Y  Pretlow Y  Sweeney Y
Alessi  Y  Camara  Y  Farrell Y  Jacobs  Y  Mayerso Y  Quinn   NO Tedisco Y
Alfano  Y  Canestr Y  Fields  Y  Jaffee  Y  McDonal ER Rabbitt Y  Thiele  Y
Amedore NO Carrozz Y  Finch   NO Jeffrie Y  McDonou Y  Raia    NO Titone  Y
Arroyo  ER Christe Y  Fitzpat NO John    Y  McEneny Y  Ramos   Y  Titus   Y
Aubry   Y  Clark   Y  Gabrysz Y  Kavanag Y  McKevit Y  Reilich NO Tobacco NO
Bacalle NO Cole    NO Galef   Y  Kellner Y  Miller  NO Reilly  Y  Towns   Y
Ball    Y  Colton  Y  Gantt   Y  Kirwan  ER Millman Y  Rive J  ER Townsen NO
Barclay NO Conte   Y  Gianari Y  Kolb    NO Molinar NO Rive N  Y  Walker  Y
Barra   Y  Cook    Y  Giglio  NO Koon    Y  Morelle Y  Rive PM Y  Weinste Y
Benedet Y  Crouch  NO Glick   Y  Lafayet Y  Nolan   ER Robinso Y  Weisenb Y
Benjami Y  Cusick  Y  Gordon  Y  Lancman Y  Oaks    NO Rosenth Y  Weprin  Y
Bing    Y  Cymbrow Y  Gottfri Y  Latimer Y  O`Donne Y  Saladin Y  Wright  Y
Boyland Y  DelMont Y  Greene  Y  Lavine  Y  O`Mara  NO Sayward NO Young   Y
Boyle   Y  Destito Y  Gunther Y  Lentol  Y  Ortiz   Y  Scarbor Y  Zebrows NO
Bradley Y  Diaz LM Y  Hawley  NO Lifton  Y  Parment Y  Schimel Y  Mr Spkr Y
Brennan Y  Diaz R  Y  Hayes   NO Lope PD NO Paulin  Y  Schimmi NO
Brodsky Y  Dinowit Y  Heastie Y  Lope VJ Y  Peoples Y  Schroed NO
Brook-K Y  Duprey  NO Hevesi  Y  Lupardo Y  Peralta Y  Scozzaf NO
Burling NO Eddingt Y  Hikind  Y  Magee   NO Perry   Y  Seminer Y
Butler  NO Englebr Y  Hooper  Y  Magnare Y  Pheffer Y  Spano   Y
Cahill  Y  Errigo  NO Hoyt    Y  Maisel  Y  Powell  Y  Stirpe  Y

A7438 Memo:

BILL NUMBER:A7438A

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 20-0113 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 200115 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 and
section 20-0117 on applicability. 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.

This legislation addresses these problems in the following ways:

* It restricts the installation of new lighting by state agencies or
public corporations operating in the state 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 corporations.

* 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 tunnel, airport, underbridge, traffic control,
navigational and natural and cultural monument lighting from the
requirement to install fully shielded luminaires.

* It exempts historic-style decorative lighting if the installation of
fully shielded luminaires detracts from the aesthetic character of the
existing lighting.

* It allows historic-style decorative lighting to emit up to two
percent of its lumens above the horizontal plane.

* It requires the commissioner, in consultation with NYSERDA, to
develop luminaire efficiency and lamp luminous efficacy standards by
the effective date of the legislation and requires that these
standards take effect 180 days after the effective date of this
legislation.

* 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 nominate areas for
"dark sky preserves" of the state.


* It exempts state agencies, public corporations and electric
corporations providing roadway lighting under contract to a public
corporation from light trespass restrictions.

* It exempts lighting done for security purposes pursuant to
regulations of the Public Service Commission, ATM lighting done to
comply with the minimum standards of section 75-c of the banking law
and historic theater lighting.

* It exempts lighting that is furthering an activity found to be a
sound agricultural practice under the Right to Farm Law.

* It requires the commissioner of DEC in consultation with NYSERDA,
the Department of Agriculture and Markets 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:  2007: A.7438 Passed Assembly 2005-06:
A.7404 Passed Assembly 2004: A.6950-D Passed Assembly 2003: A.6950-C
Passed Assembly 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 En Con

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become law.

Bill Text:

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

                                        7438--A
                                                               Cal. No. 522

                              2007-2008 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 13, 2007
                                      ___________

       Introduced  by  M.  of A. ROSENTHAL, ALESSI, ENGLEBRIGHT, PAULIN, LAFAY-
         ETTE, LUPARDO, CAHILL, BROOK-KRASNY -- Multi-Sponsored by -- M. of  A.
         BOYLAND,  BRENNAN,  DelMONTE,  DESTITO,  DINOWITZ,  GABRYSZAK,  GALEF,
         GLICK, GOTTFRIED, KOON, V. LOPEZ, McENENY, MILLMAN, O`DONNELL,  ORTIZ,
         PHEFFER,  STIRPE,  SWEENEY,  TOWNS, YOUNG -- read once and referred to
         the Committee on Environmental Conservation -- reported  from  commit-
         tee,  advanced  to  a  third  reading,  amended and ordered reprinted,
         retaining its place on the order of third reading

       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
    5  SECTION 20-0101. LEGISLATIVE FINDINGS AND POLICY.
    6          20-0103. SHORT TITLE.
    7          20-0105. DEFINITIONS.
    8          20-0107. PERMANENT OUTDOOR LUMINAIRE.
    9          20-0109. DARK-SKY PRESERVES.
   10          20-0111. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
   11          20-0113. INFORMATIONAL PAMPHLET.
   12          20-0115. APPLICABILITY.
   13  S 20-0101. LEGISLATIVE FINDINGS AND POLICY.
   14    THE LEGISLATURE FINDS THAT CAREFUL MANAGEMENT OF OUTDOOR  LIGHTING  IS
   15  NECESSARY  TO  PROTECT  THE HEALTH, SAFETY, ENERGY SECURITY, ENVIRONMENT
   16  AND GENERAL WELFARE OF THE PEOPLE OF THE STATE.
   17    UNTIL THE END OF THE NINETEENTH CENTURY, WANING  DAYLIGHT  BROUGHT  AN
   18  END  TO  MANY  OF  MANKIND`S  ACTIVITIES.  THIS BEGAN TO CHANGE WITH THE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.
                                                                  LBD00823-02-8

       A. 7438--A                          2

    1  INTRODUCTION OF INCANDESCENT LAMPS,  WHICH  DRAMATICALLY  INCREASED  THE
    2  RANGE  OF  PURSUITS POSSIBLE AFTER DARK. CIVIC, SOCIAL, CULTURAL, EDUCA-
    3  TIONAL, AND COMMERCIAL ENDEAVORS NOW GO FORWARD WITH AN EASE AND FREEDOM
    4  UNIMAGINABLE  IN  EARLIER  TIMES.  AS  THE  SCIENCE OF LIGHTING EVOLVED,
    5  HOWEVER, TECHNICAL ADVANCEMENTS GRADUALLY OUTSTRIPPED THE BASIC REQUIRE-
    6  MENT OF PROVIDING ADEQUATE ILLUMINATION FOR THE TASK AT HAND.  AT  LEAST
    7  IN  THE  CASE OF OUTDOOR LIGHTING, THERE IS NOW GROWING RECOGNITION THAT
    8  THE CONSEQUENCES ARE NOT ALTOGETHER BENIGN.
    9    INCREASING SCIENTIFIC  AND  EXPERIENTIAL  EVIDENCE  DEMONSTRATES  THAT
   10  MISDIRECTED, UNSHIELDED, EXCESSIVE OR UNNECESSARY OUTDOOR NIGHT LIGHTING
   11  HAS  MAJOR  DETRIMENTAL  EFFECTS.  ENERGY IS WASTED WHEN ILLUMINATION IS
   12  USED EXCESSIVELY AND INEFFICIENTLY, CAUSING UNNECESSARY HEALTH-THREATEN-
   13  ING EMISSIONS FROM BURNING OF FOSSIL FUELS. SUCH EMISSIONS ALSO  POLLUTE
   14  THE STATE`S WATERS AND CONTRIBUTE TO GLOBAL WARMING.
   15    BECAUSE  THE HUMAN EYE AUTOMATICALLY ADJUSTS TO THE BRIGHTEST LIGHT IN
   16  VIEW, THE GLARE FROM UNSHIELDED OR EXCESSIVELY BRIGHT  OUTDOOR  LIGHTING
   17  CAN  ACTUALLY  INTERFERE  WITH  THE CLEAR PERCEPTION OF OTHER OBJECTS IN
   18  ONE`S FIELD OF VISION.
   19    INAPPROPRIATE USE OF OUTDOOR LIGHTING CAN HAVE A  NEGATIVE  IMPACT  ON
   20  THE  NATURAL  ENVIRONMENT, INTERFERING WITH NORMAL PATTERNS OF ACTIVITY,
   21  BEHAVIOR AND PHYSIOLOGY OF FLORA AND FAUNA.  RECENT RESEARCH  HAS  INDI-
   22  CATED  THAT  EXPOSURE TO LIGHT AT NIGHT CAN UPSET NORMAL HUMAN CIRCADIAN
   23  RHYTHMS, THEREBY DISRUPTING HORMONE SECRETIONS AND WEAKENING THE  BODY`S
   24  IMMUNE SYSTEM.
   25    IN ADDITION, SKY GLOW FROM UNSHIELDED AND UNNECESSARY OUTDOOR LIGHTING
   26  THWARTS THE AGES-OLD HUMAN YEARNING TO GAZE AT, LEARN FROM AND ENJOY THE
   27  WONDERS OF THE NIGHT SKY.
   28    THE  LEGISLATURE FURTHER FINDS THAT COST-EFFICIENT MEANS AND PRACTICES
   29  EXIST THROUGH APPROPRIATE USE OF LUMINAIRES TO  PROVIDE  ADEQUATE  NIGHT
   30  LIGHTING WHEN NEEDED THAT IS SAFE AND EFFECTIVE BUT CAUSES MINIMAL LIGHT
   31  TRESPASS,  GLARE,  AND  SKY GLOW. THESE MEANS AND PRACTICES ARE POSSIBLE
   32  WITH INCREASED PUBLIC AWARENESS THROUGH  EDUCATION  AND  PRUDENT  PUBLIC
   33  ACTION AS PROVIDED IN THIS ARTICLE.
   34    THEREFORE,  IT  IS THE PURPOSE OF THIS ARTICLE TO BEGIN LIMITING LIGHT
   35  POLLUTION IN THE STATE IN A COST-EFFECTIVE AND SOCIALLY FEASIBLE  MANNER
   36  IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY AND THE ENVIRONMENT.
   37  S 20-0103. SHORT TITLE.
   38    THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTHY, SAFE AND
   39  ENERGY EFFICIENT OUTDOOR LIGHTING ACT".
   40  S 20-0105. DEFINITIONS.
   41    AS USED IN THIS ARTICLE:
   42    1.  "LUMINAIRE"  MEANS  A  COMPLETE LIGHTING UNIT, INCLUDING A LAMP OR
   43  LAMPS TOGETHER WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSI-
   44  TION AND PROTECT THE LAMPS, AND  TO  CONNECT  THE  LAMPS  TO  THE  POWER
   45  SUPPLY; A LIGHT FIXTURE.
   46    2.  "GLARE"  MEANS  LIGHT  EMITTED  BY A LUMINAIRE THAT CAUSES REDUCED
   47  VISIBILITY OR MOMENTARY BLINDNESS BY SHINING DIRECTLY INTO THE  EYES  OF
   48  THE VIEWER.
   49    3.  "LAMP"  MEANS  THE COMPONENT OF A LUMINAIRE THAT PRODUCES LIGHT; A
   50  LIGHT BULB.
   51    4. "LIGHT POLLUTION" MEANS ANY  ADVERSE  EFFECT  OF  OUTDOOR  LIGHTING
   52  INCLUDING, BUT NOT LIMITED TO, GLARE AND SKY GLOW.
   53    5.  "LUMEN"  MEANS THE UNIT OF MEASUREMENT USED TO QUANTIFY THE AMOUNT
   54  OF LIGHT PRODUCED BY A LAMP OR EMITTED FROM  A  LUMINAIRE,  AS  DISTINCT
   55  FROM "WATT", A MEASURE OF POWER CONSUMPTION.

       A. 7438--A                          3

    1    6.  "FULLY  SHIELDED  LUMINAIRE"  MEANS  A  LUMINAIRE  CONSTRUCTED AND
    2  INSTALLED IN SUCH A MANNER THAT ALL LIGHT EMITTED BY IT, EITHER DIRECTLY
    3  FROM THE LAMP OR A DIFFUSING ELEMENT, OR  INDIRECTLY  BY  REFLECTION  OR
    4  REFRACTION FROM ANY PART OF THE LUMINAIRE, IS PROJECTED BELOW A HORIZON-
    5  TAL PLANE THROUGH THE LUMINAIRE`S LOWEST LIGHT EMITTING PART.
    6    7.  "PERMANENT  OUTDOOR  LUMINAIRE"  MEANS  ANY LUMINAIRE OR SYSTEM OF
    7  LUMINAIRES THAT IS OUTDOORS AND THAT IS USED FOR MORE THAN TEN DAYS IN A
    8  THREE HUNDRED SIXTY-FIVE DAY PERIOD.
    9    8. "ROADWAY LIGHTING" MEANS  PERMANENT  OUTDOOR  LUMINAIRES  THAT  ARE
   10  SPECIFICALLY INTENDED TO ILLUMINATE ROADWAYS FOR AUTOMOTIVE VEHICLES.
   11    9.  "CONTINUOUS  ROADWAY  LIGHTING  DESIGN" MEANS A LIGHTING PLAN THAT
   12  ESTIMATES LIGHT ON A ROADWAY FROM CALCULATIONS UTILIZING FACTORS INCLUD-
   13  ING, BUT NOT LIMITED TO, A PARTICULAR  LUMINAIRE,  MOUNTING  HEIGHT,  OR
   14  POLE SPACING, IN ORDER TO MEET A SPECIFIED GOAL SUCH AS MINIMUM LIGHTING
   15  LEVEL,  UNIFORMITY,  OR SMALL-TARGET VISIBILITY. LIGHTING PLACED ONLY AT
   16  INTERSECTIONS OR OTHER POTENTIALLY  HAZARDOUS  LOCATIONS  SHALL  NOT  BE
   17  CONSIDERED CONTINUOUS.
   18    10.  "SKY  GLOW"  MEANS  THE  ILLUMINATION  OF  THE NIGHTTIME SKY THAT
   19  RESULTS FROM UPWARD SHINING LIGHT, WHICH IS REFLECTED OFF MOLECULES  AND
   20  PARTICLES OF DIRT AND MOISTURE IN THE ATMOSPHERE.
   21  S 20-0107. PERMANENT OUTDOOR LUMINAIRE.
   22    1.  NO STATE AGENCY OR PUBLIC CORPORATION OPERATING IN THE STATE SHALL
   23  INSTALL OR CAUSE TO  BE  INSTALLED  ANY  NEW  OR  REPLACEMENT  PERMANENT
   24  OUTDOOR LUMINAIRE UNLESS THE FOLLOWING CONDITIONS ARE MET:
   25    (A)  ANY  LUMINAIRE  WITH  A LAMP OR LAMPS HAVING TOTAL INITIAL OUTPUT
   26  GREATER THAN 1800 LUMENS SHALL BE FULLY SHIELDED, EXCEPT THAT A  HISTOR-
   27  IC-STYLE  DECORATIVE  LUMINAIRE  MAY EMIT UP TO TWO PERCENT OF ITS TOTAL
   28  LUMENS ABOVE THE HORIZONTAL PLANE;
   29    (B) IF A LIGHTING RECOMMENDATION PUBLISHED BY THE  ILLUMINATING  ENGI-
   30  NEERING SOCIETY OF NORTH AMERICA APPLIES, FULL CONSIDERATION IS GIVEN TO
   31  THE MINIMUM MAINTAINED LIGHT LEVEL ADEQUATE TO MEET THE RECOMMENDATION;
   32    (C) IF NO SUCH LIGHTING RECOMMENDATION APPLIES, NO MORE THAN THE MINI-
   33  MUM MAINTAINED LIGHT LEVEL ADEQUATE FOR THE INTENDED PURPOSE IS USED;
   34    (D)  FOR  ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS, A DETERMI-
   35  NATION IS MADE THAT THE PURPOSE OF THE LIGHTING INSTALLATION OR REPLACE-
   36  MENT CANNOT BE ACHIEVED BY INSTALLATION OF REFLECTORIZED  ROADWAY  MARK-
   37  ERS, LINES, WARNINGS OR INFORMATIONAL SIGNS, OR OTHER PASSIVE MEANS;
   38    (E)  ADEQUATE  CONSIDERATION  HAS  BEEN GIVEN TO CONSERVING ENERGY AND
   39  MINIMIZING GLARE AND SKY GLOW; AND
   40    (F) THE NEW OR REPLACEMENT LUMINAIRE MEETS  THE  LUMINAIRE  EFFICIENCY
   41  AND  LAMP  LUMINOUS EFFICACY STANDARDS DEVELOPED PURSUANT TO SUBDIVISION
   42  FIVE OF THIS SECTION.
   43    2. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE  REQUIREMENTS  OF
   44  SUBDIVISION ONE OF THIS SECTION:
   45    (A)  SITUATIONS WHERE FEDERAL LAWS, RULES AND REGULATIONS TAKE PRECED-
   46  ENCE; AND
   47    (B) SITUATIONS WHERE FIRE, POLICE, RESCUE, OR REPAIR PERSONNEL INCLUD-
   48  ING UTILITY PERSONNEL NEED  LIGHT  FOR  TEMPORARY  EMERGENCIES  OR  ROAD
   49  REPAIR WORK.
   50    3.  THE  FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF
   51  PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION:
   52    (A) THE LUMINAIRE IS A REPLACEMENT FOR A LUMINAIRE THAT IS PART  OF  A
   53  CONTINUOUS ROADWAY LIGHTING DESIGN;
   54    (B)  THE  LUMINAIRE  IS A HISTORIC-STYLE DECORATIVE LUMINAIRE WHICH IS
   55  PART OF A CONTINUOUS ROADWAY LIGHTING DESIGN WHERE  THE  REPLACEMENT  OF

       A. 7438--A                          4

    1  THE  LUMINAIRE  PIECEMEAL  WITH  COMPLIANT LUMINAIRES WOULD UNACCEPTABLY
    2  DEGRADE THE AESTHETIC CHARACTERISTICS OF THE EXISTING LIGHTING DESIGN;
    3    (C)  SITUATIONS  WHERE  THERE ARE SPECIAL REQUIREMENTS, SUCH AS SPORTS
    4  FACILITIES,  TUNNELS,  TRAFFIC  CONTROL  DEVICES,  NAVIGATION  LIGHTING,
    5  AIRPORTS,  UNDERBRIDGE LIGHTING, NATURAL AND CULTURAL MONUMENTS, OR FLAG
    6  LIGHTING; PROVIDED, HOWEVER, THAT ALL SUCH LIGHTING  SHALL  BE  SELECTED
    7  AND  INSTALLED TO SHIELD THE LAMP OR LAMPS FROM DIRECT VIEW AND TO MINI-
    8  MIZE UPWARD LIGHTING AND GLARE TO THE GREATEST EXTENT POSSIBLE; AND
    9    (D) SITUATIONS WHERE A WRITTEN DETERMINATION WITH  FINDINGS  HAS  BEEN
   10  MADE THAT A SPECIFIED EXEMPTION TO ANY REQUIREMENT OF SUBDIVISION ONE OF
   11  THIS SECTION IS NECESSARY AND APPROPRIATE FOR A COMPELLING SAFETY INTER-
   12  EST  THAT CANNOT BE ADEQUATELY ADDRESSED BY ANY OTHER METHOD. WHERE THIS
   13  EXEMPTION IS FOR A STATE AGENCY OR STATE PUBLIC CORPORATION, THE WRITTEN
   14  DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
   15  OR CORPORATION OR HIS OR HER DESIGNEE.   WHERE THE EXEMPTION  IS  FOR  A
   16  COUNTY,  CITY,  TOWN,  OR  VILLAGE, OR A PUBLIC CORPORATION THEREIN, THE
   17  WRITTEN DETERMINATION SHALL BE MADE BY THE APPROPRIATE COUNTY EXECUTIVE,
   18  MAYOR, SUPERVISOR, OR CHIEF EXECUTIVE OFFICER OR HIS OR HER DESIGNEE.
   19    4. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF  TRANSPORTA-
   20  TION  AND THE OFFICE OF GENERAL SERVICES AND GIVING CONSIDERATION TO THE
   21  RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
   22  NORTH AMERICA, SHALL ESTABLISH RULES TO IMPLEMENT THE PROVISIONS OF THIS
   23  SECTION, INCLUDING A SYSTEM TO ENSURE THAT THE USE OF  STATE  FUNDS  FOR
   24  STREET  LIGHTING  COMPLIES  WITH  THE  REQUIREMENTS SET FORTH HEREIN AND
   25  SHALL PROVIDE FOR THE WIDE DISSEMINATION OF THIS INFORMATION.
   26    5. THE COMMISSIONER, IN CONSULTATION WITH THE NEW  YORK  STATE  ENERGY
   27  RESEARCH  AND  DEVELOPMENT AUTHORITY, SHALL DEVELOP LUMINAIRE EFFICIENCY
   28  AND LAMP LUMINOUS EFFICACY STANDARDS FOR LIGHTING REGULATED  UNDER  THIS
   29  SECTION.  FOR PURPOSES OF THIS SECTION "LUMINAIRE EFFICIENCY" SHALL MEAN
   30  THE PERCENTAGE OF LUMENS GENERATED BY A  LAMP  WHICH  ACTUALLY  LEAVE  A
   31  LUMINAIRE;  AND  "LAMP LUMINOUS EFFICACY" SHALL MEAN THE AMOUNT OF LIGHT
   32  GENERATED BY A LAMP/BALLAST SYSTEM (IN LUMENS) DIVIDED BY THE  POWER  IT
   33  USES  (IN WATTS).   SUCH STANDARDS SHALL BE PROMULGATED ON OR BEFORE THE
   34  EFFECTIVE DATE OF THIS ARTICLE AND SHALL TAKE EFFECT ONE HUNDRED  EIGHTY
   35  DAYS AFTER SUCH EFFECTIVE DATE.
   36    6.  IN RECOGNITION OF THE ONGOING RESEARCH INTO AND DEVELOPMENT OF NEW
   37  TECHNOLOGIES IN THE OUTDOOR LIGHTING FIELD, THE DEPARTMENT, IN CONSULTA-
   38  TION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY,
   39  SHALL REPORT TO THE LEGISLATURE REGARDING NEW FINDINGS FROM RESEARCH AND
   40  NEW  TECHNOLOGIES  THAT  MAY AFFECT THE PROVISIONS OF THIS ARTICLE. SUCH
   41  REPORTING MAY INCLUDE RECOMMENDED AMENDMENTS TO THIS ARTICLE TO INCREASE
   42  ITS EFFECTIVENESS IN IMPLEMENTING THE  PURPOSES  OF  ACHIEVING  HEALTHY,
   43  SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING.
   44  S 20-0109. DARK-SKY PRESERVES.
   45    1.  THE  COMMISSIONER IN CONSULTATION WITH AFFECTED STATE AGENCIES AND
   46  LOCAL AUTHORITIES MAY IDENTIFY  AND  NOMINATE  AS  "DARK-SKY  PRESERVES"
   47  AREAS OF THE STATE WHICH ARE ESPECIALLY SUITABLE FOR ASTRONOMICAL OBSER-
   48  VATIONS  AND/OR WHICH PROVIDE, DUE TO THEIR DARKNESS, NOCTURNAL BENEFITS
   49  TO FLORA AND FAUNA, OR TO CITIZENS DESIRING VIEWS OF UNPOLLUTED OR RELA-
   50  TIVELY UNPOLLUTED NIGHT SKIES.
   51    2. WITHIN EIGHTEEN MONTHS OF THE  NOMINATION  OF  THE  FIRST  DARK-SKY
   52  PRESERVE,  THE COMMISSIONER SHALL PREPARE AND SUBMIT TO THE GOVERNOR AND
   53  LEGISLATURE FOR REVIEW AND APPROVAL A PROPOSED PLAN  TO  PRESERVE  THESE
   54  AREAS  AS NECESSARY AND APPROPRIATE TO PROTECT ASTRONOMICAL OBSERVATIONS
   55  AND/OR FLORA AND FAUNA.
   56  S 20-0111. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.

       A. 7438--A                          5

    1    THE COMMISSIONER, IN CONSULTATION  WITH  THE  NEW  YORK  STATE  ENERGY
    2  RESEARCH  AND  DEVELOPMENT  AUTHORITY,  THE  SECRETARY  OF STATE AND THE
    3  COMMISSIONERS OF TRANSPORTATION AND  THE  OFFICE  OF  GENERAL  SERVICES,
    4  SHALL  PREPARE  OR CAUSE TO BE PREPARED AND DISTRIBUTED TO CITIES, TOWNS
    5  AND  VILLAGES  A  MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE FOR THE
    6  PURPOSE OF SAVING ENERGY, REDUCING UNNECESSARY GLARE AND REDUCING UNNEC-
    7  ESSARY SKY GLOW.
    8  S 20-0113. INFORMATIONAL PAMPHLET.
    9    THE COMMISSIONER, IN CONSULTATION  WITH  THE  NEW  YORK  STATE  ENERGY
   10  RESEARCH  AND  DEVELOPMENT  AUTHORITY  AND  GIVING  CONSIDERATION TO THE
   11  RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
   12  NORTH AMERICA, SHALL DEVELOP AND DISTRIBUTE TO  EVERY  MUNICIPALITY  AND
   13  EVERY ELECTRIC CORPORATION OR MUNICIPALITY PROVIDING ELECTRIC SERVICE IN
   14  THIS STATE A PAMPHLET CONTAINING INFORMATION REGARDING THE PROVISIONS OF
   15  THIS ARTICLE WITH RESPECT TO OUTDOOR LIGHTING.
   16  S 20-0115. APPLICABILITY.
   17    1.  THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND SUPPLEMENTAL AND
   18  SHALL NOT APPLY WITHIN ANY COUNTY OR MUNICIPALITY THAT, BY ORDINANCE  OR
   19  RESOLUTION,  HAS ADOPTED PROVISIONS RESTRICTING LIGHT POLLUTION THAT ARE
   20  AS, OR MORE, STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
   21    2. NO PROVISION OF THIS ARTICLE SHALL BE CONSTRUED AS  TO  PERMIT  THE
   22  PRACTICE  OF  ARCHITECTURE AS SUCH PRACTICE IS DEFINED IN SECTION SEVEN-
   23  TY-THREE HUNDRED ONE OF THE EDUCATION LAW, OR THE PRACTICE OF  ENGINEER-
   24  ING  AS  SUCH  PRACTICE IS DEFINED IN SECTION SEVENTY-TWO HUNDRED ONE OF
   25  THE EDUCATION LAW.
   26    S 2. Section 44 of the public service law is amended by adding  a  new
   27  subdivision 5 to read as follows:
   28    5.  THE COMMISSION SHALL REQUIRE EVERY ELECTRIC CORPORATION OR MUNICI-
   29  PALITY PROVIDING ELECTRIC SERVICE TO SEND TO EACH CUSTOMER IN ITS  BILLS
   30  A COPY OF THE INFORMATIONAL PAMPHLET RELATING TO OUTDOOR LIGHTING DEVEL-
   31  OPED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION
   32  20-0113  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW. THE COMMISSION SHALL
   33  COORDINATE WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  TO  ENSURE
   34  THAT  EVERY  ELECTRIC  CORPORATION  AND  MUNICIPALITY PROVIDING ELECTRIC
   35  SERVICE SHALL RECEIVE AN ADEQUATE SUPPLY OF SUCH PAMPHLETS SUITABLE  FOR
   36  DISTRIBUTION TO ITS CUSTOMERS IN THEIR UTILITY BILLS.
   37    S 3. This act shall take effect on the one hundred eightieth day after
   38  it shall have become a law; provided, however, that effective immediate-
   39  ly,  the  addition, amendment and/or repeal of any rule or regulation or
   40  development of any standards necessary for the  implementation  of  this
   41  act  on  its effective date is authorized to be made and completed on or
   42  before such effective date; and provided further that on and  after  the
   43  date  on  which  this act shall have become a law every state agency and
   44  public corporation shall comply with the requirements of paragraphs  (a)
   45  through  (e)  of  subdivision  1 of section 20-0107 of the environmental
   46  conservation law as added by section  one  of  this  act,  but  provided
   47  further  that  this act shall not apply to projects for the installation
   48  or replacement  of  permanent  outdoor  luminaires  which  have  already
   49  received final design approval prior to the effective date of this act.