Archived from the NYS Assembly site on Dec. 12, 2002.
S T A T E O F N E W Y O R K
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9757--B
I N A S S E M B L Y
January 24, 2002
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Introduced by M. of A. GRANNIS, LUSTER, CANESTRARI, COLMAN, ORTIZ,
ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. BRENNAN, CAHILL, CARROZ-
ZA, A. COHEN, M. COHEN, COOK, DESTITO, DINOWITZ, FARRELL, GALEF,
GLICK, GORDON, GOTTFRIED, GREEN, JOHN, KOON, LAFAYETTE, LAVELLE, MATU-
SOW, MAYERSOHN, McENENY, PAULIN, SANDERS, SWEENEY, WEINSTEIN -- read
once and referred to the Committee on Environmental Conservation --
reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Environmental
Conservation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, 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 enacting the healthy and safe 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 AND SAFE 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 AREAS.
10 20-0111. LIGHT TRESPASS.
11 20-0113. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
12 20-0115. INFORMATIONAL PAMPHLET.
13 S 20-0101. LEGISLATIVE FINDINGS AND POLICY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD14117-14-2
A. 9757--B 2
1 THE LEGISLATURE FINDS THAT CAREFUL MANAGEMENT OF OUTDOOR LIGHTING IS
2 NECESSARY TO PROTECT THE HEALTH, SAFETY, ENERGY SECURITY, ENVIRONMENT
3 AND GENERAL WELFARE OF THE PEOPLE OF THE STATE.
4 INCREASING SCIENTIFIC AND EXPERIENTIAL EVIDENCE DEMONSTRATES THAT
5 MISDIRECTED, UNSHIELDED, EXCESSIVE OR UNNECESSARY OUTDOOR NIGHT LIGHT
6 ("LIGHT POLLUTION") HAS MAJOR DETRIMENTAL EFFECTS. ENERGY IS WASTED WHEN
7 ILLUMINATION IS USED EXCESSIVELY AND INEFFICIENTLY, CAUSING UNNECESSARY
8 HEALTH-THREATENING EMISSIONS FROM BURNING OF FOSSIL FUELS. SUCH EMIS-
9 SIONS ALSO POLLUTE OUR WATERS AND CONTRIBUTE TO GLOBAL WARMING.
10 FURTHER, SCIENTIFIC STUDIES HAVE DISCOVERED THAT ONLY WITH REAL DARKNESS
11 CAN THE HUMAN BODY PRODUCE THE HORMONE CALLED MELATONIN, A POTENT ANTI-
12 OXIDANT THAT BOOSTS THE IMMUNE SYSTEM AND FIGHTS DISEASE IN A NUMBER OF
13 WAYS.
14 MISDIRECTED AND UNNECESSARY OUTDOOR LIGHTING CAN INVADE PRIVACY AS IT
15 CROSSES PROPERTY LINES. WHEN THIS HAPPENS IN RESIDENTIAL AREAS, CITIZENS
16 ARE DEPRIVED OF HAVING THE NATURAL BENEFITS OF REAL DARKNESS.
17 THE HUMAN EYE INSTINCTIVELY ADAPTS TO THE STRONGEST LIGHT IN ITS FIELD
18 OF VISION. UNSHIELDED AND EXCESSIVELY BRIGHT LIGHTING THEREFORE IMPAIRS
19 VISIBILITY AND CREATES A PUBLIC HAZARD, PARTICULARLY WHEN USED ALONG
20 ROADS AND IN PARKING LOTS. POORLY DESIGNED OUTDOOR ILLUMINATION CREATES
21 BLINDING GLARE THAT REDUCES SAFETY AND SECURITY. NO CONCLUSIVE EVIDENCE
22 HAS BEEN FOUND THAT LIGHTING PREVENTS CRIME.
23 INAPPROPRIATE USE OF OUTDOOR LIGHTING HAS A NEGATIVE IMPACT ON THE
24 NATURAL ENVIRONMENT, INTERFERING WITH NORMAL PATTERNS OF ACTIVITY,
25 BEHAVIOR AND PHYSIOLOGY OF HUMANS, FLORA AND FAUNA.
26 IN ADDITION, SKY GLOW FROM UNSHIELDED AND UNNECESSARY OUTDOOR LIGHTING
27 THWARTS THE AGES-OLD HUMAN YEARNING TO GAZE AT AND LEARN FROM THE STARRY
28 NIGHT SKY.
29 THE LEGISLATURE FURTHER FINDS THAT EFFECTIVE AND COST-EFFICIENT TECH-
30 NICAL MEANS AND PRACTICES EXIST THROUGH APPROPRIATE USE OF LUMINAIRES TO
31 EFFECTIVELY AND SAFELY PROVIDE NIGHT LIGHTING WHEN NEEDED. THESE MEANS
32 AND PRACTICES ARE POSSIBLE WITH INCREASED PUBLIC AWARENESS THROUGH
33 EDUCATION AND PRUDENT PUBLIC 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 IN FURTHERANCE THEREOF, IT IS HEREBY DECLARED TO BE THE POLICY OF THE
38 STATE TO PROHIBIT THE PLACEMENT OF A LUMINAIRE BY ANY PUBLIC ENTITY IN A
39 MANNER WHEREBY ILLUMINATION OR GLARE IS CAST ACROSS PROPERTY LINES WITH
40 THE EFFECT OF UNNECESSARILY REDUCING PRIVACY, HINDERING SLEEP, CREATING
41 SKY GLOW AND/OR DETRACTING FROM THE APPEARANCE OF AN AREA IN VIOLATION
42 OF THE PROVISIONS OF THIS ARTICLE.
43 S 20-0103. SHORT TITLE.
44 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTHY AND SAFE
45 OUTDOOR LIGHTING ACT".
46 S 20-0105. DEFINITIONS.
47 AS USED IN THIS ARTICLE:
48 1. "DIRECT LIGHT" MEANS LIGHT EMITTING GENERALLY IN A DOWNWARD DIREC-
49 TION BY A LAMP, OFF A REFLECTOR, OR THROUGH A REFRACTOR OF A LUMINAIRE.
50 2. "FULL CUTOFF LUMINAIRE" MEANS A LUMINAIRE THAT ALLOWS NO LIGHT FROM
51 THE LUMINAIRE AT OR ABOVE AN ANGLE OF NINETY DEGREES ABOVE NADIR AND NO
52 MORE THAN TEN PERCENT OF LIGHT FROM A LUMINAIRE AT OR ABOVE A VERTICAL
53 ANGLE EIGHTY DEGREES ABOVE NADIR, IN ITS MOUNTED FORM.
54 3. "CUTOFF LUMINAIRE" MEANS A LUMINAIRE THAT ALLOWS NO MORE THAN TWO
55 AND ONE-HALF PERCENT OF LIGHT FROM THE LUMINAIRE AT OR ABOVE AN ANGLE OF
56 NINETY DEGREES ABOVE NADIR AND NO MORE THAN TEN PERCENT OF LIGHT FROM A
A. 9757--B 3
1 LUMINAIRE AT OR ABOVE A VERTICAL ANGLE EIGHTY DEGREES ABOVE NADIR, IN
2 ITS MOUNTED FORM.
3 4. "GLARE" MEANS DIRECT LIGHT EMITTED BY A LUMINAIRE THAT CAUSES
4 REDUCED VISIBILITY OF OBJECTS OR MOMENTARY BLINDNESS.
5 5. "LAMP" MEANS THE COMPONENT OF A LUMINAIRE THAT PRODUCES LIGHT.
6 6. "LIGHT POLLUTION" MEANS GENERAL SKY GLOW CAUSED BY THE SCATTERING
7 OF ARTIFICIAL LIGHT IN THE ATMOSPHERE.
8 7. "LUMEN" MEANS A SPECIFIC STANDARD UNIT OF MEASUREMENT OF LUMINOUS
9 FLUX.
10 8. "LUMINAIRE" MEANS A COMPLETE LIGHTING UNIT, INCLUDING A LAMP OR
11 LAMPS TOGETHER WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSI-
12 TION AND PROTECT THE LAMPS, AND TO CONNECT THE LAMPS TO THE POWER
13 SUPPLY.
14 9. "OUTDOOR LIGHT FIXTURES" MEANS OUTDOOR ARTIFICIAL ILLUMINATING
15 DEVICES, INSTALLED OR PORTABLE, USED FOR FLOOD-LIGHTING, ROADWAY AND
16 AREA LIGHTING, GENERAL ILLUMINATION, OR ADVERTISEMENT.
17 10. "PERMANENT OUTDOOR LUMINAIRE" MEANS ANY FIXED LUMINAIRE OR SYSTEM
18 OF LUMINAIRES THAT IS OUTDOORS AND THAT IS INTENDED TO BE USED FOR SEVEN
19 DAYS OR LONGER.
20 11. "ROADWAY LIGHTING" MEANS PERMANENT OUTDOOR LUMINAIRES THAT ARE
21 SPECIFICALLY INTENDED TO ILLUMINATE ROADWAYS FOR AUTOMOTIVE VEHICLES.
22 S 20-0107. PERMANENT OUTDOOR LUMINAIRE.
23 1. NO STATE AGENCY OR PUBLIC CORPORATION SHALL INSTALL OR CAUSE TO BE
24 INSTALLED ANY NEW OR REPLACEMENT PERMANENT OUTDOOR LUMINAIRE UNLESS THE
25 FOLLOWING CONDITIONS ARE MET:
26 (A) THE NEW OR REPLACEMENT LUMINAIRE IS A FULL CUTOFF LUMINAIRE WHEN
27 THE RATED OUTPUT OF THE LUMINAIRE IS GREATER THAN 1800 LUMENS;
28 (B) IF A LIGHTING RECOMMENDATION OR REGULATION APPLIES, THE MINIMUM
29 ILLUMINANCE SPECIFIED BY THE RECOMMENDATION OR REGULATION IS USED;
30 (C) IF NO LIGHTING RECOMMENDATION OR REGULATION APPLIES, THE AVERAGE
31 MINIMUM ILLUMINANCE ADEQUATE FOR THE INTENDED PURPOSE IS USED, GIVING
32 FULL CONSIDERATION TO ENERGY CONSERVATION, GLARE, AND MINIMIZING LIGHT
33 TRESPASS;
34 (D) FOR ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS OF TWO OR
35 MORE STREETS OR HIGHWAYS, A DETERMINATION IS MADE THAT THE PURPOSE OF
36 THE LIGHTING INSTALLATION OR REPLACEMENT CANNOT BE ACHIEVED BY INSTALLA-
37 TION OF REFLECTORIZED ROADWAY MARKERS, LINES, WARNINGS OR INFORMATIONAL
38 SIGNS, OR OTHER PASSIVE MEANS; AND
39 (E) ADEQUATE CONSIDERATION HAS BEEN GIVEN TO CONSERVING ENERGY AND
40 MINIMIZING GLARE, LIGHT POLLUTION, AND LIGHT TRESPASS.
41 2. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENT OF
42 SUBDIVISION ONE OF THIS SECTION:
43 (A) SITUATIONS WHERE FEDERAL LAWS, RULES AND REGULATIONS TAKE PRECED-
44 ENCE;
45 (B) THE NEW LUMINAIRE IS A REPLACEMENT FOR A LUMINAIRE THAT IS PART OF
46 A CONTINUOUS ROADWAY LIGHTING DESIGN;
47 (C) THE NEW LUMINAIRE IS A HISTORIC OR DECORATIVE LUMINAIRE WHICH IS
48 PART OF A CONTINUOUS LIGHTING DESIGN, PROVIDED HOWEVER THAT THE REPLACE-
49 MENT LUMINAIRE IS A CUTOFF LUMINAIRE.
50 (D) SITUATIONS WHERE FIRE, POLICE, RESCUE, OR REPAIR PERSONNEL NEED
51 LIGHT FOR TEMPORARY EMERGENCIES OR ROAD REPAIR WORK;
52 (E) SITUATIONS WHERE THERE ARE SPECIAL REQUIREMENTS, SUCH AS SPORTS
53 FACILITIES, TUNNELS, NAVIGATION LIGHTING, AIRPORTS, UNDERBRIDGE LIGHT-
54 ING, NATURAL AND CULTURAL MONUMENTS, OR FLAG LIGHTING; PROVIDED, HOWEV-
55 ER, THAT ALL SUCH LIGHTING SHALL BE SELECTED AND INSTALLED TO SHIELD THE
A. 9757--B 4
1 LAMP OR LAMPS FROM DIRECT VIEW TO THE GREATEST EXTENT POSSIBLE, AND TO
2 MINIMIZE UPWARD LIGHTING AND LIGHT TRESPASS; AND
3 (F) SITUATIONS WHERE A WRITTEN DETERMINATION WITH FINDINGS HAS BEEN
4 MADE THAT A SPECIFIED EXEMPTION TO ANY REQUIREMENT OF SUBDIVISION ONE OF
5 THIS SECTION IS NECESSARY AND APPROPRIATE FOR A COMPELLING SAFETY INTER-
6 EST THAT CANNOT BE ADEQUATELY ADDRESSED BY ANY OTHER METHOD. WHERE THIS
7 EXEMPTION IS FOR A STATE AGENCY OR STATE PUBLIC CORPORATION, THE WRITTEN
8 DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
9 OR CORPORATION. WHERE THE EXEMPTION IS FOR A COUNTY, CITY, TOWN, OR
10 VILLAGE, OR A PUBLIC CORPORATION THEREIN, THE WRITTEN DETERMINATION
11 SHALL BE MADE BY THE COUNTY EXECUTIVE, MAYOR, SUPERVISOR, OR CHIEF EXEC-
12 UTIVE OFFICER WHETHER THE EXCEPTION WILL BE MADE.
13 3. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTA-
14 TION AND THE DEPARTMENT OF PUBLIC SERVICE AND GIVING CONSIDERATION TO
15 THE STANDARDS ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF NORTH
16 AMERICA, SHALL ESTABLISH RULES TO IMPLEMENT THE PROVISIONS OF THIS
17 SECTION, INCLUDING A SYSTEM TO ENSURE THAT THE USE OF STATE FUNDS FOR
18 STREET LIGHTING COMPLIES WITH THE REQUIREMENTS SET FORTH HEREIN AND
19 SHALL PROVIDE FOR THE WIDE DISSEMINATION OF THIS INFORMATION.
20 S 20-0109. DARK SKY AREAS.
21 1. THE COMMISSIONER MAY IDENTIFY AND DESIGNATE AS "DARK SKY AREAS"
22 AREAS OF THE STATE WHICH ARE ESPECIALLY SUITABLE FOR ASTRONOMICAL OBSER-
23 VATIONS AND/OR WHICH PROVIDE DUE TO THEIR DARKNESS NOCTURNAL BENEFITS TO
24 FLORA AND FAUNA.
25 2. WITHIN EIGHTEEN MONTHS OF THE DESIGNATION OF THE FIRST DARK SKY
26 AREA, THE COMMISSIONER SHALL PREPARE AND SUBMIT TO THE GOVERNOR AND
27 LEGISLATURE A PROPOSED PLAN TO PRESERVE DARK SKY AREAS AS NECESSARY AND
28 APPROPRIATE TO PROTECT ASTRONOMICAL OBSERVATIONS AND/OR FLORA AND FAUNA.
29 S 20-0111. LIGHT TRESPASS.
30 1. THE TERM "LIGHT TRESPASS" SHALL MEAN THE PLACEMENT OR OPERATION OF
31 A LUMINAIRE BY OTHER THAN A PUBLIC ENTITY IN A MANNER WHEREBY ILLUMI-
32 NATION OR GLARE IS CAST ON THE PROPERTY OF ANOTHER WITH THE EFFECT OF
33 UNREASONABLY REDUCING PRIVACY, HINDERING SLEEP AND/OR DISTRACTING FROM
34 THE APPEARANCE OF THE ILLUMINATED PROPERTY WITHOUT THE PERMISSION OF THE
35 OWNER, LESSEE OR LAWFUL OCCUPANT THEREOF. IN DETERMINING WHETHER LIGHT
36 TRESPASS IS OCCURRING, THE COURT SHALL CONSIDER THE EXTENT TO WHICH THE
37 LUMINAIRE IS FURTHERING A LAWFUL PURPOSE, THE SEVERITY OF THE EFFECT OF
38 THE LUMINAIRE ON THE PROPERTY OF OTHER PERSONS AND THE GENERAL CHARACTER
39 AND USE OF THE PROPERTIES INVOLVED.
40 2. NOT LESS THAN THIRTY DAYS BEFORE COMMENCING AN ACTION FOR LIGHT
41 TRESPASS, WRITTEN NOTICE OF INTENTION TO COMMENCE SUCH ACTION MUST BE
42 GIVEN BY CERTIFIED MAIL TO THE OWNER, LESSEE OR LAWFUL OCCUPANT OF THE
43 PROPERTY ON WHICH THE LUMINAIRE IS LOCATED TO PROVIDE AN OPPORTUNITY TO
44 CURE THE VIOLATION.
45 3. UPON A FINDING OF LIGHT TRESPASS, THE COURT MAY ORDER THE PERSON
46 FOUND TO HAVE COMMITTED LIGHT TRESPASS TO CURE THE VIOLATION AND IF THE
47 VIOLATION IS NOT CURED IN A TIMELY MANNER IMPOSE DAMAGES NOT TO EXCEED
48 ONE THOUSAND DOLLARS.
49 4. THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
50 RESEARCH AND DEVELOPMENT AUTHORITY AND GIVING CONSIDERATION TO THE STAN-
51 DARDS ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA,
52 SHALL PROMULGATE RULES AND REGULATIONS GOVERNING THE PLACEMENT AND OPER-
53 ATION OF LUMINAIRES AND DEFINING LIGHT TRESPASS BY THE EFFECTIVE DATE OF
54 THIS ARTICLE.
55 S 20-0113. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
A. 9757--B 5
1 1. THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, IN
2 CONSULTATION WITH THE SECRETARY OF STATE AND THE COMMISSIONERS OF TRANS-
3 PORTATION AND THE OFFICE OF GENERAL SERVICES, SHALL PREPARE OR CAUSE TO
4 BE PREPARED AND DISTRIBUTED TO CITIES, TOWNS AND VILLAGES A MODEL
5 COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE FOR THE PURPOSE OF SAVING ENER-
6 GY, REDUCING UNNECESSARY GLARE AND REDUCING UNNECESSARY SKY GLOW.
7 2. THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND SUPPLEMENTAL AND
8 SHALL NOT APPLY WITHIN ANY COUNTY OR MUNICIPALITY THAT, BY ORDINANCE OR
9 RESOLUTION, HAS ADOPTED PROVISIONS RESTRICTING LIGHT POLLUTION THAT ARE
10 MORE STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
11 S 20-0115. INFORMATIONAL PAMPHLET.
12 THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
13 RESEARCH AND DEVELOPMENT AUTHORITY AND GIVING CONSIDERATION TO THE STAN-
14 DARDS ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA,
15 SHALL DEVELOP AND DISTRIBUTE TO EVERY MUNICIPALITY AND EVERY ELECTRIC
16 CORPORATION OR MUNICIPALITY PROVIDING ELECTRIC SERVICE IN THIS STATE A
17 PAMPHLET CONTAINING INFORMATION REGARDING THE PROVISIONS OF THIS ARTICLE
18 WITH RESPECT TO OUTDOOR LIGHTING.
19 S 2. Section 44 of the public service law is amended by adding a new
20 subdivision 5 to read as follows:
21 5. THE COMMISSION SHALL REQUIRE EVERY ELECTRIC CORPORATION OR MUNICI-
22 PALITY PROVIDING ELECTRIC SERVICE TO SEND TO EACH CUSTOMER IN ITS BILLS
23 THE INFORMATIONAL PAMPHLET RELATING TO OUTDOOR LIGHTING DEVELOPED BY THE
24 DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION 20-0115 OF
25 THE ENVIRONMENTAL CONSERVATION LAW. THE COMMISSION SHALL COORDINATE WITH
26 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO ENSURE THAT EVERY ELEC-
27 TRIC CORPORATION AND MUNICIPALITY PROVIDING SERVICE SHALL RECEIVE AN
28 ADEQUATE SUPPLY OF SUCH PAMPHLETS SUITABLE FOR DISTRIBUTION TO ITS
29 CUSTOMERS IN THEIR UTILITY BILLS.
30 S 3. This act shall take effect on the one hundred eightieth day after
31 it shall have become a law; provided, however that effective immediate-
32 ly, the addition, amendment and/or repeal of any rule or regulation
33 necessary for the implementation of this act on its effective date are
34 authorized to be made and completed on or before such effective date.
.SO DOC A 9757B *END* BTXT 2001