A5352 (Assembly version)
Information about Assembly bill A5352, as saved from of the NYS Assembly Web site on 1/2/02.
SAME AS Same as S 3386-B
SPONSOR Grannis
COSPNSR Luster, Canestrari, Colman, Ortiz, Englebright
MLTSPNSR Cahill, Cohen A, Cohen M, Cook, Destito, Glick, Gottfried, John,
Kaufman, Lavelle, Matusow, Mayersohn, McEneny, Millman, Nolan, Perry,
Sanders, Sweeney, Weinstein
Add Art 20 SS20-0101 - 20-0111, En Con L; amd S44, Pub Serv L
Makes various provisions to control light pollution including prohibiting the
state from installing or replacing permanent outdoor luminaire under certain
conditions; provides for the identification and designation of dark areas
necessary to protect flora and fauna and defines light trespass.
02/22/2001referred to environmental conservation 04/27/2001amend (t) and recommit to environmental conservation 04/27/2001print number 5352a 05/22/2001reported referred to codes 05/29/2001reported referred to rules 06/11/2001rules report cal.377 06/11/2001ordered to third reading rules cal.377 06/13/2001amended on third reading 5352b 06/20/2001passed assembly 06/20/2001delivered to senate 06/20/2001REFERRED TO RULES 06/21/2001SUBSTITUTED FOR S3386B 06/21/20013RD READING CAL.1368 06/21/2001PASSED SENATE 06/21/2001RETURNED TO ASSEMBLY 12/31/2001delivered to governor
Abbate Y Clark ER Farrell Y Hoyt Y McEneny Y Ravitz Y Thiele Y Acampor Y Cohe A Y Faso Y Jacobs Y McLaugh Y Rhodd-C NO Tocci Y Alfano Y Cohe M Y Ferrara Y John Y Miller Y Rive J ER Tokasz Y Arroyo Y Colman Y Finch Y Kaufman Y Millman Y Rive PM Y Tonko Y Aubry NO Colton Y Flanaga NO Kirwan Y Mills Y Robach NO Towns Y Bacalle Y Conte Y Galef Y Klein Y Morelle Y Sanders Y Townsen Y Barra Y Cook Y Gantt Y Kolb NO Murray Y Scarbor Y Vann Y Barraga NO Crouch NO Gianari Y Koon Y Nesbitt NO Schimmi NO Vitalia Y Boyland Y Cymbrow Y Glick Y Labriol ER Nolan Y Scozzaf NO Warner Y Boyle Y D`Andre Y Gordon Y Lafayet Y Norman Y Seaman Y Weinste Y Bragman ER Davis Y Gottfri Y Lavelle Y Nortz NO Seddio Y Weisenb Y Brennan Y DelMont ER Grannis Y Lentol Y Oaks NO Seminer Y Weprin Y Brodsky Y Destito Y Green Y Levy NO O`Conne Y Sidikma Y Wertz NO Brown NO Diaz NO Greene NO Little NO Ortiz Y Smith NO Winner Y Burling NO DiNapol Y Gromack Y Lopez Y Ortloff Y Spano Y Wirth Y Butler NO Dinga NO Gunther Y Luster Y Parment Y Stephen Y Wright NO Cahill Y Dinowit Y Hayes NO Magee NO Paulin Y Stranie Y Young Y Calhoun Y Eddingt Y Heastie Y Magnare Y Perry Y Stringe Y Mr Spkr Y Canestr Y Englebr Y Herbst Y Manning Y Pheffer Y Sull EC Y Carrozz Y Errigo NO Higgins NO Markey Y Powell Y Sull F Y Casale Y Espaill Y Hikind Y Matusow Y Prentis Y Sweeney Y Christe Y Eve Y Hooper Y Mayerso Y Pretlow Y Tedisco Y
TITLE OF BILL : An act to amend the environmental conservation law
and the public service law, in relation to the management of outdoor
night lighting to conserve energy and to protect the nighttime
environment
PURPOSE OR GENERAL IDEA OF BILL : This bill provides for the
management of outdoor night lighting to conserve energy and to protect
the nighttime environment.
SUMMARY OF SPECIFIC PROVISIONS : Section 1 sets out legislative
findings, Section 2 amends the environmental conservation law by
adding a new article 20 on light pollution. Article 20 includes
sections 20-0101 defining terms, section 20-0103 on permanent outdoor
lighting, section 20-0105 on dark areas, section 20-0107 on light
trespass, and section 20-0109 on model comprehensive outdoor lighting
ordinance and section 20-0111 requiring the Department of
Environmental conservation, in consultation with the New York Energy
Research and Development Authority to develop and distribute an
educational pamphlet on outdoor lighting. Section 3 directs the
Public Service Commission to require that every electric corporation
or municipality providing electric service include the educational
pamphlet 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 used to illuminate roadways, parking lots, yards,
sidewalks, public meeting areas, signs, work sites and buildings, when
well designed, 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
supply the extra electricity. It is estimated that at least $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 for which the light is intended.
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. Poorly designed outdoor lighting
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 poorly designed 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 by:
1. Restricting where feasible the installation of new lighting by
state agencies or public corporations to full-cutoff luminaire. A
full-cutoff luminaires allows no direct light from above a horizontal
plane through the lowest light emitting part of a light fixture.
2. Empowering the DEC commissioner to identify and propose
restrictions for "dark areas" of the state.
3. Establishing limits on "light trespass", defined as light that is
unreasonably placed or operated so as to shine beyond the boundaries
of one`s property.
4. Requiring the commissioner to prepare and distribute a model
outdoor lighting ordinance to cities, towns, and villages throughout
the state.
5. Requiring the commissioner, in consultation with NYSERDA, to
develop and widely disseminate a pamphlet describing the provisions of
this act.
PRIOR LEGISLATIVE HISTORY : 2000: A. 6357-A - Passed Assembly
1999: A. 6357-A Referred to 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
________________________________________________________________________
5352--B
2001-2002 Regular Sessions
I N A S S E M B L Y
February 22, 2001
___________
Introduced by M. of A. GRANNIS, LUSTER, CANESTRARI, COLMAN, ORTIZ,
ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. CAHILL, A. COHEN,
M. COHEN, COOK, DESTITO, GLICK, GOTTFRIED, JOHN, KAUFMAN, LAVELLE,
MATUSOW, MAYERSOHN, McENENY, MILLMAN, NOLAN, PERRY, SANDERS, SWEENEY,
WEINSTEIN -- read once and referred to the Committee on Environmental
Conservation -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the environmental conservation law and the public
service law, in relation to the management of outdoor night lighting
to conserve energy and to protect the nighttime environment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature hereby finds that
2 energy is wasted when methods of illumination are used excessively and
3 inefficiently. Even when methods of illumination are as efficient as
4 possible, the emissions resulting from burning fossil fuels to generate
5 the electric power needed to meet our residential, commercial and munic-
6 ipal lighting needs are a significant threat to public health. The
7 contaminants in these emissions are killing our lakes, tainting our air
8 and drinking water and contributing to the problem of global warming. In
9 addition, the state and the nation face a crisis in the supply and cost
10 of electricity because increases in demand are outpacing supply. The
11 legislature therefore finds that it is in the public interest to reduce
12 the wasteful use of electricity resulting from inefficient and excessive
13 lighting. In addition, inefficient luminaires may cast unwanted light
14 far outside of the intended target area, such light trespass may be an
15 invasion of privacy. Inappropriate use of outdoor lighting may deteri-
16 orate the natural nighttime environment, particularly in areas preserved
17 for flora and fauna. In addition, sky glow reduces the ability to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08071-13-1
A. 5352--B 2
1 observe the starry night sky. The legislature further finds that such
2 conditions are avoidable if public awareness is increased through educa-
3 tion and prudent public action is taken.
4 S 2. The environmental conservation law is amended by adding a new
5 article 20 to read as follows:
6 ARTICLE 20
7 LIGHT POLLUTION
8 SECTION 20-0101. DEFINITIONS.
9 20-0103. PERMANENT OUTDOOR LUMINAIRE.
10 20-0105. DARK AREAS.
11 20-0107. LIGHT TRESPASS.
12 20-0109. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
13 20-0111. INFORMATIONAL PAMPHLET.
14 S 20-0101. DEFINITIONS. AS USED IN THIS ARTICLE:
15 1. "DIRECT LIGHT" MEANS LIGHT EMITTING GENERALLY IN A DOWNWARD DIREC-
16 TION BY A LAMP, OFF A REFLECTOR, OR THROUGH A REFRACTOR OF A LUMINAIRE.
17 2. "FULL-CUTOFF LUMINAIRE" MEANS A LUMINAIRE THAT ALLOWS NO DIRECT
18 LIGHT FROM THE LUMINAIRE ABOVE A HORIZONTAL PLANE THROUGH THE
19 LUMINAIRE`S LOWEST LIGHT-EMITTING PART, IN ITS MOUNTED FORM.
20 3. "GLARE" MEANS DIRECT LIGHT EMITTED BY A LUMINAIRE THAT CAUSES
21 REDUCED VISIBILITY OF OBJECTS OR MOMENTARY BLINDNESS.
22 4. "LAMP" MEANS THE COMPONENT OF A LUMINAIRE THAT PRODUCES LIGHT.
23 5. "LIGHT POLLUTION" MEANS GENERAL SKY GLOW CAUSED BY THE SCATTERING
24 OF ARTIFICIAL LIGHT IN THE ATMOSPHERE.
25 6. "LUMEN" MEANS A SPECIFIC STANDARD UNIT OF MEASUREMENT OF LUMINOUS
26 FLUX.
27 7. "LUMINAIRE" MEANS A COMPLETE LIGHTING UNIT, INCLUDING A LAMP OR
28 LAMPS TOGETHER WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSI-
29 TION AND PROTECT THE LAMPS, AND TO CONNECT THE LAMPS TO THE POWER
30 SUPPLY.
31 8. "NON-CUTOFF LUMINAIRE" MEANS A LUMINAIRE IN WHICH EITHER THE LAMP
32 AND SURROUNDING GLASS LENS EXTEND BELOW THE HORIZONTAL PLANE OF OPAQUE
33 SHIELDING ELEMENTS OF THE LUMINAIRE, OR THE LAMP IS SITUATED ON TOP OF A
34 POST OR ON A PIVOTING SUPPORT ON THE SIDE OF A BUILDING, CAUSING LIGHT
35 TO BE CAST AS GLARE OUTWARD AND UPWARD, BEYOND ITS USEFUL RANGE.
36 9. "OUTDOOR LIGHT FIXTURES" MEANS OUTDOOR ARTIFICIAL ILLUMINATING
37 DEVICES, INSTALLED OR PORTABLE, USED FOR FLOOD-LIGHTING, ROADWAY AND
38 AREA LIGHTING, GENERAL ILLUMINATION, OR ADVERTISEMENT.
39 10. "PERMANENT OUTDOOR LUMINAIRE" MEANS ANY FIXED LUMINAIRE OR SYSTEM
40 OF LUMINAIRES THAT IS OUTDOORS AND THAT IS INTENDED TO BE USED FOR SEVEN
41 DAYS OR LONGER.
42 11. "ROADWAY LIGHTING" MEANS PERMANENT OUTDOOR LUMINAIRES THAT ARE
43 SPECIFICALLY INTENDED TO ILLUMINATE ROADWAYS FOR AUTOMOTIVE VEHICLES.
44 12. "SEMI-CUTOFF LUMINAIRE" MEANS A LUMINAIRE THAT ALLOWS NO MORE THAN
45 EIGHT PERCENT OF THE LIGHT FROM THE LAMP TO BE EMITTED ABOVE A HORIZON-
46 TAL PLANE PASSING THROUGH THE LUMINAIRE`S LOWEST LIGHT-EMITTING PART.
47 S 20-0103. PERMANENT OUTDOOR LUMINAIRE.
48 1. NO STATE AGENCY OR PUBLIC CORPORATION SHALL INSTALL OR CAUSE TO BE
49 INSTALLED ANY NEW OR REPLACEMENT PERMANENT OUTDOOR LUMINAIRE UNLESS THE
50 FOLLOWING CONDITIONS ARE MET:
51 (A) THE NEW OR REPLACEMENT LUMINAIRE IS A FULL-CUTOFF LUMINAIRE WHEN
52 THE RATED OUTPUT OF THE LUMINAIRE IS GREATER THAN 1800 LUMENS;
53 (B) IF A LIGHTING RECOMMENDATION OR REGULATION APPLIES, THE MINIMUM
54 ILLUMINANCE SPECIFIED BY THE RECOMMENDATION OR REGULATION IS USED;
A. 5352--B 3
1 (C) IF NO LIGHTING RECOMMENDATION OR REGULATION APPLIES, THE AVERAGE
2 MINIMUM ILLUMINANCE ADEQUATE FOR THE INTENDED PURPOSE IS USED, GIVING
3 FULL CONSIDERATION TO ENERGY CONSERVATION, GLARE, AND MINIMIZING LIGHT
4 TRESPASS;
5 (D) FOR ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS OF TWO OR
6 MORE STREETS OR HIGHWAYS, A DETERMINATION IS MADE THAT THE PURPOSE OF
7 THE LIGHTING INSTALLATION OR REPLACEMENT CANNOT BE ACHIEVED BY INSTALLA-
8 TION OF REFLECTORIZED ROADWAY MARKERS, LINES, WARNINGS OR INFORMATIONAL
9 SIGNS, OR OTHER PASSIVE MEANS; AND
10 (E) ADEQUATE CONSIDERATION HAS BEEN GIVEN TO CONSERVING ENERGY AND
11 MINIMIZING GLARE, LIGHT POLLUTION, AND LIGHT TRESPASS.
12 2. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENT OF
13 SUBDIVISION ONE OF THIS SECTION:
14 (A) SITUATIONS WHERE FEDERAL LAWS, RULES AND REGULATIONS TAKE PRECED-
15 ENCE;
16 (B) SITUATIONS WHERE FIRE, POLICE, RESCUE, OR REPAIR PERSONNEL NEED
17 LIGHT FOR TEMPORARY EMERGENCIES OR ROAD REPAIR WORK;
18 (C) SITUATIONS WHERE THERE ARE SPECIAL REQUIREMENTS, SUCH AS SPORTS
19 FACILITIES, OR HISTORIC DECORATIVE CONSIDERATIONS, MONUMENTS, OR FLAG
20 LIGHTING; PROVIDED, HOWEVER, THAT ALL SUCH LIGHTING SHALL BE SELECTED
21 AND INSTALLED TO SHIELD THE LAMP OR LAMPS FROM DIRECT VIEW TO THE GREAT-
22 EST EXTENT POSSIBLE, AND TO MINIMIZE UPWARD LIGHTING AND LIGHT TRESPASS;
23 (D) SITUATIONS IN AN URBAN AREA WHERE THERE IS SUBSTANTIAL NIGHT TIME
24 PEDESTRIAN TRAFFIC AND AN ENGINEER EXPERIENCED IN OUTDOOR LIGHTING HAS
25 DEEMED IT NECESSARY TO PERMIT THE INSTALLATION OF SEMI-CUTOFF LUMI-
26 NAIRES, IN QUANTITY SUCH THAT THE TOTAL NUMBER OF NEW OR REPLACEMENT
27 SEMI-CUTOFF LUMINAIRES WITHIN A SQUARE MILE OF THE LUMINAIRE DOES NOT
28 EXCEED THE TOTAL NUMBER OF EXISTING FULL-CUTOFF LUMINAIRES; OR
29 (E) SITUATIONS WHERE A DETERMINATION HAS BEEN MADE BY THE COMMISSION-
30 ER, ESTABLISHED THROUGH A PUBLIC HEARING PROCESS, THAT THERE IS A
31 COMPELLING SAFETY INTEREST THAT CANNOT BE ADDRESSED BY ANY OTHER METHOD.
32 3. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTA-
33 TION AND THE DEPARTMENT OF PUBLIC SERVICE AND GIVING CONSIDERATION TO
34 THE STANDARDS ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF NORTH
35 AMERICA, SHALL ESTABLISH RULES TO IMPLEMENT THE PROVISIONS OF THIS
36 SECTION, INCLUDING A SYSTEM TO ENSURE THAT THE USE OF STATE FUNDS FOR
37 STREET LIGHTING COMPLIES WITH THE REQUIREMENTS SET FORTH HEREIN AND
38 SHALL PROVIDE FOR THE WIDE DISSEMINATION OF THIS INFORMATION.
39 S 20-0105. DARK AREAS.
40 1. THE COMMISSIONER MAY IDENTIFY AND DESIGNATE AS "DARK AREAS" AREAS
41 OF THE STATE WHICH ARE ESPECIALLY SUITABLE FOR ASTRONOMICAL OBSERVATIONS
42 AND/OR WHICH PROVIDE OF THEIR DARKNESS NOCTURNAL BENEFITS TO FLORA AND
43 FAUNA.
44 2. IF THE COMMISSIONER DESIGNATES "DARK AREAS", WITHIN EIGHTEEN MONTHS
45 OF SUCH DESIGNATION THE COMMISSIONER SHALL PREPARE AND SUBMIT TO THE
46 GOVERNOR AND LEGISLATURE A PROPOSED PLAN TO PRESERVE DARK AREAS AS
47 NECESSARY AND APPROPRIATE TO PROTECT ASTRONOMICAL OBSERVATIONS AND/OR
48 FLORA AND FAUNA.
49 S 20-0107. LIGHT TRESPASS.
50 1. NO PERSON SHALL COMMIT LIGHT TRESPASS. LIGHT TRESPASS SHALL BE
51 DEFINED AS THE PLACEMENT OR OPERATION OF A LUMINAIRE IN A MANNER WHEREBY
52 ILLUMINATION OR GLARE IS CAST ON THE PROPERTY OF ANOTHER WITH THE EFFECT
53 OF REDUCING PRIVACY, HINDERING SLEEP AND/OR DETRACTING FROM THE APPEAR-
54 ANCE OF THE AREA IN VIOLATION OF RULES OR REGULATIONS ADOPTED BY THE
55 COMMISSIONER PURSUANT TO THIS SECTION, WITHOUT THE PERMISSION OF THE
56 OWNER, LESSEE OR LAWFUL OCCUPANT THEREOF.
A. 5352--B 4
1 2. UPON A FINDING OF LIGHT TRESPASS, PRIOR TO THE IMPOSITION OF ANY
2 CIVIL PENALTY, A PERSON FOUND TO HAVE COMMITTED LIGHT TRESPASS SHALL
3 HAVE THE OPPORTUNITY TO CURE THE VIOLATION.
4 3. IN ADDITION TO THE ENFORCEMENT PROVISIONS SET FORTH IN ARTICLE
5 SEVENTY-ONE OF THIS CHAPTER, THE PROVISIONS OF THIS SECTION AND ANY
6 RULES OR REGULATIONS ADOPTED PURSUANT THERETO MAY BE ENFORCED BY ANY
7 LOCAL CODE ENFORCEMENT OFFICER.
8 4. THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
9 RESEARCH AND DEVELOPMENT AUTHORITY AND GIVING CONSIDERATION TO THE STAN-
10 DARDS ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA,
11 SHALL PROMULGATE RULES AND REGULATIONS GOVERNING THE PLACEMENT AND OPER-
12 ATION OF LUMINAIRES AND DEFINING LIGHT TRESPASS BY THE EFFECTIVE DATE OF
13 THIS ARTICLE. IN PROMULGATING SUCH RULES AND REGULATIONS THE COMMISSION-
14 ER SHALL CONSIDER THE FOLLOWING FACTORS:
15 (A) THE EXTENT TO WHICH A LUMINAIRE MAY FURTHER A LAWFUL PURPOSE;
16 (B) THE SEVERITY OF THE EFFECT, UNDER VARIOUS CIRCUMSTANCES, OF A
17 LUMINAIRE UPON THE PROPERTY OF OTHER PERSONS;
18 (C) THE GENERAL CHARACTER AND USE OF PROPERTIES; AND
19 (D) ACCEPTABLE MITIGATION MEASURES.
20 S 20-0109. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
21 1. THE COMMISSIONER, IN CONSULTATION WITH THE SECRETARY OF STATE AND
22 THE CHAIR OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
23 TY, SHALL PREPARE OR CAUSE TO BE PREPARED AND DISTRIBUTED TO CITIES,
24 TOWNS AND VILLAGES A MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE FOR
25 THE PURPOSE OF SAVING ENERGY, REDUCING UNNECESSARY GLARE AND REDUCING
26 UNNECESSARY SKY GLOW.
27 2. THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND SUPPLEMENTAL AND
28 SHALL NOT APPLY WITHIN ANY COUNTY OR MUNICIPALITY THAT, BY ORDINANCE OR
29 RESOLUTION, HAS ADOPTED PROVISIONS RESTRICTING LIGHT POLLUTION THAT ARE
30 MORE STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
31 S 20-0111. INFORMATIONAL PAMPHLET.
32 THE COMMISSIONER IN CONSULTATION WITH THE NEW YORK STATE ENERGY
33 RESEARCH AND DEVELOPMENT AUTHORITY AND GIVING CONSIDERATION TO THE STAN-
34 DARDS ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA,
35 SHALL DEVELOP AND DISTRIBUTE TO EVERY MUNICIPALITY AND EVERY ELECTRIC
36 CORPORATION OR MUNICIPALITY PROVIDING UTILITY SERVICE IN THIS STATE A
37 PAMPHLET CONTAINING INFORMATION REGARDING THE PROVISIONS OF THIS ARTICLE
38 WITH RESPECT TO OUTDOOR LIGHTING, INCLUDING BUT NOT LIMITED TO THE RULES
39 AND REGULATIONS ADOPTED BY THE COMMISSIONER AND PENALTIES IMPOSED FOR
40 VIOLATIONS OF THIS ARTICLE.
41 S 3. Section 44 of the public service law is amended by adding a new
42 subdivision 5 to read as follows:
43 5. THE COMMISSION SHALL REQUIRE EVERY ELECTRIC CORPORATION OR MUNICI-
44 PALITY PROVIDING SERVICE TO SEND TO EACH CUSTOMER IN ITS BILLS THE
45 INFORMATIONAL PAMPHLET RELATING TO OUTDOOR LIGHTING DEVELOPED BY THE
46 DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION 20-0111 OF
47 THE ENVIRONMENTAL CONSERVATION LAW. THE PUBLIC SERVICE COMMISSION SHALL
48 COORDINATE WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO ENSURE
49 THAT EVERY ELECTRIC CORPORATION AND MUNICIPALITY PROVIDING SERVICE SHALL
50 RECEIVE AN ADEQUATE SUPPLY OF SUCH PAMPHLETS SUITABLE FOR DISTRIBUTION
51 TO ITS CUSTOMERS IN THEIR UTILITY BILLS.
52 S 4. This act shall take effect on the one hundred eightieth day after
53 it shall have become a law; provided, however that effective immediate-
54 ly, the addition, amendment and/or repeal of any rule or regulation
55 necessary for the implementation of this act on its effective date are
56 authorized and directed to be made and completed on or before such
A. 5352--B 5
1 effective date and provided, further, that the informational pamphlet
2 required to be distributed pursuant to section 20-0111 of the environ-
3 mental conservation law, as added by section two of this act is directed
4 to be developed and distributed on or before such effective date.
.SO DOC A 5352B *END* BTXT 2001