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