In this document: Actions :: Votes :: Memo :: Bill text
A06950 Summary:
SAME AS Same as Uni. S 3003-D
SPONSOR Grannis
COSPNSR DiNapoli, Englebright, Cohen A, Paulin, Stringer
MLTSPNSR Brennan, Clark, 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 01/15/2004 amend and recommit to rules 6950c 02/23/2004 rules report cal.347 02/23/2004 ordered to third reading rules cal.347 04/01/2004 amended on third reading 6950d 04/19/2004 passed assembly 04/19/2004 delivered to senate 04/19/2004 REFERRED TO ENVIRONMENTAL CONSERVATION
Abbate Y Carrozz Y Farrell Y Hooper Y McEneny Y Prentis Y Sweeney Y Acampor Y Casale Y Ferrara Y Hoyt Y McLaugh Y Pretlow Y Tedisco Y Alfano Y Christe Y Fields Y Jacobs Y Miller Y Raia NO Thiele Y Arroyo Y Clark Y Finch NO John Y Millman Y Ramos Y Titus Y Auberti Y Cohe A Y Fitzpat NO Karben Y Mills Y Reilich NO Tocci Y Aubry Y Cohe M Y Galef Y Kaufman Y Mirones Y Rive J ER Tokasz Y Bacalle Y Colton Y Gantt Y Kirwan Y Morelle Y Rive PM Y Tonko Y Barclay NO Conte Y Gianari Y Klein Y Nesbitt NO Robinso Y Towns Y Barra Y Cook Y Glick Y Kolb ER Nolan Y Saladin NO Townsen NO Barraga Y Crouch NO Gordon Y Koon Y Norman Y Sanders Y Warner Y Benjami Y Cusick Y Gottfri Y Lafayet Y Oaks NO Sayward NO Weinste Y Bing Y Cymbrow Y Grannis Y Lavelle Y O`Conne Y Scarbor Y Weisenb ER Boyland Y DelMont Y Green Y Lentol Y O`Donne Y Schimmi NO Weprin Y Bradley Y Destito Y Greene Y Lifton Y Ortiz Y Scozzaf NO Winner Y Brennan Y Diaz LM Y Grodenc Y Lopez Y Ortloff Y Seddio Y Wirth ER Brodsky Y Diaz R Y Gromack Y Magee Y Parment Y Seminer Y Wright Y Brown ER DiNapol Y Gunther Y Magnare Y Paulin Y Sidikma Y Young NO Burling NO Dinowit Y Hayes Y Manning Y Peoples Y Smith NO Mr Spkr Y Butler NO Eddingt Y Heastie Y Markey Y Peralta Y Spano Y Cahill Y Englebr Y Higgins Y Mayerso Y Perry Y Stephen Y Calhoun NO Errigo NO Hikind Y McDonal NO Pheffer Y Stranie Y Canestr Y Espaill Y Hooker NO McDonou Y Powell 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 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 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 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, traffic control,
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
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 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 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 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,
the Department of Agriculture and Markets and the Public Service
Commission, to promulgate rules and regulations on light trespass.
* It establishes an affirmative defense to an allegation of light
trespass that the installation or operation of a luminaire complies
with the local zoning and land use and with the rules and regulations
on light trespass promulgated by the commissioner.
* 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:
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 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--D A. 6950--D
R. R. 347
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 -- recommitted to the Committee on Environmental Conservation in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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 --
recommitted to the Committee on Rules in accordance with Assembly Rule
3, sec. 2 -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee --
passed by Assembly and delivered to the Senate, recalled from the
Senate, vote reconsidered, bill amended, ordered reprinted, retaining
its place on the special 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD05376-12-4
S. 3003--D 2 A. 6950--D
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. LIGHT TRESPASS.
11 20-0113. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
12 20-0115. INFORMATIONAL PAMPHLET.
13 20-0117. APPLICABILITY.
14 S 20-0101. LEGISLATIVE FINDINGS AND POLICY.
15 THE LEGISLATURE FINDS THAT CAREFUL MANAGEMENT OF OUTDOOR LIGHTING IS
16 NECESSARY TO PROTECT THE HEALTH, SAFETY, ENERGY SECURITY, ENVIRONMENT
17 AND GENERAL WELFARE OF THE PEOPLE OF THE STATE.
18 UNTIL THE END OF THE NINETEENTH CENTURY, WANING DAYLIGHT BROUGHT AN
19 END TO MANY OF MANKIND`S ACTIVITIES. THIS BEGAN TO CHANGE WITH THE
20 INTRODUCTION OF INCANDESCENT LAMPS, WHICH DRAMATICALLY INCREASED THE
21 RANGE OF PURSUITS POSSIBLE AFTER DARK. CIVIC, SOCIAL, CULTURAL, EDUCA-
22 TIONAL, AND COMMERCIAL ENDEAVORS NOW GO FORWARD WITH AN EASE AND FREEDOM
23 UNIMAGINABLE IN EARLIER TIMES. AS THE SCIENCE OF LIGHTING EVOLVED,
24 HOWEVER, TECHNICAL ADVANCEMENTS GRADUALLY OUTSTRIPPED THE BASIC REQUIRE-
25 MENT OF PROVIDING ADEQUATE ILLUMINATION FOR THE TASK AT HAND. AT LEAST
26 IN THE CASE OF OUTDOOR LIGHTING, THERE IS NOW GROWING RECOGNITION THAT
27 THE CONSEQUENCES ARE NOT ALTOGETHER BENIGN.
28 INCREASING SCIENTIFIC AND EXPERIENTIAL EVIDENCE DEMONSTRATES THAT
29 MISDIRECTED, UNSHIELDED, EXCESSIVE OR UNNECESSARY OUTDOOR NIGHT LIGHTING
30 HAS MAJOR DETRIMENTAL EFFECTS. ENERGY IS WASTED WHEN ILLUMINATION IS
31 USED EXCESSIVELY AND INEFFICIENTLY, CAUSING UNNECESSARY HEALTH-THREATEN-
32 ING EMISSIONS FROM BURNING OF FOSSIL FUELS. SUCH EMISSIONS ALSO POLLUTE
33 THE STATE`S WATERS AND CONTRIBUTE TO GLOBAL WARMING.
34 MISDIRECTED AND UNNECESSARY OUTDOOR LIGHTING CAN INVADE PRIVACY AND
35 LESSEN THE ENJOYMENT OF OWNERS OF ADJACENT PROPERTIES AS IT CROSSES
36 PROPERTY LINES.
37 BECAUSE THE HUMAN EYE AUTOMATICALLY ADJUSTS TO THE BRIGHTEST LIGHT IN
38 VIEW, THE GLARE FROM UNSHIELDED OR EXCESSIVELY BRIGHT OUTDOOR LIGHTING
39 CAN ACTUALLY INTERFERE WITH THE CLEAR PERCEPTION OF OTHER OBJECTS IN
40 ONE`S FIELD OF VISION.
41 INAPPROPRIATE USE OF OUTDOOR LIGHTING CAN HAVE A NEGATIVE IMPACT ON
42 THE NATURAL ENVIRONMENT, INTERFERING WITH NORMAL PATTERNS OF ACTIVITY,
43 BEHAVIOR AND PHYSIOLOGY OF FLORA AND FAUNA. RECENT RESEARCH HAS INDI-
44 CATED THAT EXPOSURE TO LIGHT AT NIGHT CAN UPSET NORMAL HUMAN CIRCADIAN
45 RHYTHMS, THEREBY DISRUPTING HORMONE SECRETIONS AND WEAKENING THE BODY`S
46 IMMUNE SYSTEM.
47 IN ADDITION, SKY GLOW FROM UNSHIELDED AND UNNECESSARY OUTDOOR LIGHTING
48 THWARTS THE AGES-OLD HUMAN YEARNING TO GAZE AT, LEARN FROM AND ENJOY THE
49 WONDERS OF THE NIGHT SKY.
50 THE LEGISLATURE FURTHER FINDS THAT COST-EFFICIENT MEANS AND PRACTICES
51 EXIST THROUGH APPROPRIATE USE OF LUMINAIRES TO PROVIDE ADEQUATE NIGHT
S. 3003--D 3 A. 6950--D
1 LIGHTING WHEN NEEDED THAT IS SAFE AND EFFECTIVE BUT CAUSES MINIMAL LIGHT
2 TRESPASS, GLARE, AND SKY GLOW. THESE MEANS AND PRACTICES ARE POSSIBLE
3 WITH INCREASED PUBLIC AWARENESS THROUGH EDUCATION AND PRUDENT PUBLIC
4 ACTION AS PROVIDED IN THIS ARTICLE.
5 THEREFORE, IT IS THE PURPOSE OF THIS ARTICLE TO BEGIN LIMITING LIGHT
6 POLLUTION IN THE STATE IN A COST-EFFECTIVE AND SOCIALLY FEASIBLE MANNER
7 IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY AND THE ENVIRONMENT.
8 IN FURTHERANCE THEREOF, IT IS HEREBY DECLARED TO BE THE POLICY OF THE
9 STATE TO PROHIBIT THE PLACEMENT OF A LUMINAIRE BY ANY PUBLIC CORPORATION
10 IN A MANNER WHEREBY ILLUMINATION OR GLARE IS CAST UNNECESSARILY ACROSS
11 PROPERTY LINES WITH THE EFFECT OF REDUCING PRIVACY AND THE USE AND
12 ENJOYMENT OF ADJACENT PROPERTY, HINDERING SLEEP, CREATING SKY GLOW
13 AND/OR DETRACTING FROM THE APPEARANCE OF AN AREA IN VIOLATION OF THE
14 PROVISIONS OF THIS ARTICLE.
15 S 20-0103. SHORT TITLE.
16 THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTHY, SAFE AND
17 ENERGY EFFICIENT OUTDOOR LIGHTING ACT".
18 S 20-0105. DEFINITIONS.
19 AS USED IN THIS ARTICLE:
20 1. "LUMINAIRE" MEANS A COMPLETE LIGHTING UNIT, INCLUDING A LAMP OR
21 LAMPS TOGETHER WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSI-
22 TION AND PROTECT THE LAMPS, AND TO CONNECT THE LAMPS TO THE POWER
23 SUPPLY.
24 2. "GLARE" MEANS LIGHT EMITTED BY A LUMINAIRE THAT CAUSES REDUCED
25 VISIBILITY OR MOMENTARY BLINDNESS BY SHINING DIRECTLY INTO THE EYES OF
26 THE VIEWER.
27 3. "LAMP" MEANS THE COMPONENT OF A LUMINAIRE THAT PRODUCES LIGHT.
28 4. "LIGHT POLLUTION" MEANS ANY ADVERSE EFFECT OF OUTDOOR LIGHTING
29 INCLUDING, BUT NOT LIMITED TO, GLARE, SKY GLOW, AND LIGHT TRESPASS.
30 5. "LUMEN" MEANS A SPECIFIC STANDARD UNIT OF MEASUREMENT OF LUMINOUS
31 FLUX, REPRESENTING THE QUANTITY OF LIGHT PRODUCED BY A LAMP OR EMITTED
32 FROM A LUMINAIRE.
33 6. "FULLY SHIELDED LUMINAIRE" MEANS A LUMINAIRE CONSTRUCTED AND
34 INSTALLED IN SUCH A MANNER THAT ALL LIGHT EMITTED BY IT, EITHER DIRECTLY
35 FROM THE LAMP OR A DIFFUSING ELEMENT, OR INDIRECTLY BY REFLECTION OR
36 REFRACTION FROM ANY PART OF THE LUMINAIRE, IS PROJECTED BELOW THE HORI-
37 ZONTAL.
38 7. "PERMANENT OUTDOOR LUMINAIRE" MEANS ANY LUMINAIRE OR SYSTEM OF
39 LUMINAIRES THAT IS OUTDOORS AND THAT IS USED FOR MORE THAN TEN DAYS IN A
40 THREE HUNDRED SIXTY-FIVE DAY PERIOD.
41 8. "ROADWAY LIGHTING" MEANS PERMANENT OUTDOOR LUMINAIRES THAT ARE
42 SPECIFICALLY INTENDED TO ILLUMINATE ROADWAYS FOR AUTOMOTIVE VEHICLES.
43 9. "SKY GLOW" MEANS THE ILLUMINATION OF THE NIGHTTIME SKY THAT RESULTS
44 FROM UPWARD SHINING LIGHT, WHICH IS REFLECTED OFF MOLECULES AND PARTI-
45 CLES OF DIRT AND MOISTURE IN THE ATMOSPHERE.
46 S 20-0107. PERMANENT OUTDOOR LUMINAIRE.
47 1. NO STATE AGENCY OR PUBLIC CORPORATION SHALL INSTALL OR CAUSE TO BE
48 INSTALLED ANY NEW OR REPLACEMENT PERMANENT OUTDOOR LUMINAIRE UNLESS THE
49 FOLLOWING CONDITIONS ARE MET:
50 (A) THE NEW OR REPLACEMENT LUMINAIRE IS A FULLY SHIELDED LUMINAIRE IF
51 THE RATED INITIAL TOTAL OUTPUT OF ITS LAMP OR LAMPS IS GREATER THAN 1800
52 LUMENS;
53 (B) IF A LIGHTING RECOMMENDATION PUBLISHED BY THE ILLUMINATING ENGI-
54 NEERING SOCIETY OF NORTH AMERICA APPLIES, FULL CONSIDERATION IS GIVEN TO
55 THE MINIMUM MAINTAINED LIGHT LEVEL ADEQUATE TO MEET THE RECOMMENDATION
56 IS USED;
S. 3003--D 4 A. 6950--D
1 (C) IF NO SUCH LIGHTING RECOMMENDATION APPLIES, NO MORE THAN THE MINI-
2 MUM MAINTAINED LIGHT LEVEL ADEQUATE FOR THE INTENDED PURPOSE IS USED;
3 (D) FOR ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS, A DETERMI-
4 NATION IS MADE THAT THE PURPOSE OF THE LIGHTING INSTALLATION OR REPLACE-
5 MENT CANNOT BE ACHIEVED BY INSTALLATION OF REFLECTORIZED ROADWAY MARK-
6 ERS, LINES, WARNINGS OR INFORMATIONAL SIGNS, OR OTHER PASSIVE MEANS;
7 (E) ADEQUATE CONSIDERATION HAS BEEN GIVEN TO CONSERVING ENERGY AND
8 MINIMIZING GLARE, SKY GLOW, AND LIGHT TRESPASS; AND
9 (F) THE NEW OR REPLACEMENT LUMINAIRE MEETS THE LUMINAIRE EFFICIENCY
10 AND LAMP LUMINOUS EFFICACY STANDARDS DEVELOPED PURSUANT TO SUBDIVISION
11 FIVE OF THIS SECTION.
12 2. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF
13 SUBDIVISION ONE OF THIS SECTION:
14 (A) SITUATIONS WHERE FEDERAL LAWS, RULES AND REGULATIONS TAKE PRECED-
15 ENCE; AND
16 (B) SITUATIONS WHERE FIRE, POLICE, RESCUE, OR REPAIR PERSONNEL INCLUD-
17 ING UTILITY PERSONNEL NEED LIGHT FOR TEMPORARY EMERGENCIES OR ROAD
18 REPAIR WORK.
19 3. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF
20 PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION:
21 (A) THE LUMINAIRE IS A REPLACEMENT FOR A LUMINAIRE THAT IS PART OF A
22 CONTINUOUS ROADWAY LIGHTING DESIGN;
23 (B) THE LUMINAIRE IS A HISTORIC OR DECORATIVE LUMINAIRE WHICH IS PART
24 OF A CONTINUOUS LIGHTING DESIGN WHERE THE REPLACEMENT OF THE LUMINAIRE
25 PIECEMEAL WITH COMPLIANT LUMINAIRES WOULD UNACCEPTABLY DEGRADE THE
26 AESTHETIC CHARACTERISTICS OF THE EXISTING LIGHTING DESIGN;
27 (C) SITUATIONS WHERE THERE ARE SPECIAL REQUIREMENTS, SUCH AS SPORTS
28 FACILITIES, TUNNELS, TRAFFIC CONTROL DEVICES, NAVIGATION LIGHTING,
29 AIRPORTS, UNDERBRIDGE LIGHTING, NATURAL AND CULTURAL MONUMENTS, OR FLAG
30 LIGHTING; PROVIDED, HOWEVER, THAT ALL SUCH LIGHTING SHALL BE SELECTED
31 AND INSTALLED TO SHIELD THE LAMP OR LAMPS FROM DIRECT VIEW AND TO MINI-
32 MIZE UPWARD LIGHTING, GLARE AND LIGHT TRESPASS TO THE GREATEST EXTENT
33 POSSIBLE; AND
34 (D) SITUATIONS WHERE A WRITTEN DETERMINATION WITH FINDINGS HAS BEEN
35 MADE THAT A SPECIFIED EXEMPTION TO ANY REQUIREMENT OF SUBDIVISION ONE OF
36 THIS SECTION IS NECESSARY AND APPROPRIATE FOR A COMPELLING SAFETY INTER-
37 EST THAT CANNOT BE ADEQUATELY ADDRESSED BY ANY OTHER METHOD. WHERE THIS
38 EXEMPTION IS FOR A STATE AGENCY OR STATE PUBLIC CORPORATION, THE WRITTEN
39 DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
40 OR CORPORATION OR HIS OR HER DESIGNEE. WHERE THE EXEMPTION IS FOR A
41 COUNTY, CITY, TOWN, OR VILLAGE, OR A PUBLIC CORPORATION THEREIN, THE
42 WRITTEN DETERMINATION SHALL BE MADE BY THE COUNTY EXECUTIVE, MAYOR,
43 SUPERVISOR, OR CHIEF EXECUTIVE OFFICER OR HIS OR HER DESIGNEE WHERE THE
44 EXEMPTION WILL BE MADE.
45 4. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTA-
46 TION AND THE OFFICE OF GENERAL SERVICES AND GIVING CONSIDERATION TO THE
47 RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
48 NORTH AMERICA, SHALL ESTABLISH RULES TO IMPLEMENT THE PROVISIONS OF THIS
49 SECTION, INCLUDING A SYSTEM TO ENSURE THAT THE USE OF STATE FUNDS FOR
50 STREET LIGHTING COMPLIES WITH THE REQUIREMENTS SET FORTH HEREIN AND
51 SHALL PROVIDE FOR THE WIDE DISSEMINATION OF THIS INFORMATION.
52 5. THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
53 RESEARCH AND DEVELOPMENT AUTHORITY, SHALL DEVELOP LUMINAIRE EFFICIENCY
54 AND LAMP LUMINOUS EFFICACY STANDARDS FOR LIGHTING REGULATED UNDER THIS
55 SECTION. FOR PURPOSES OF THIS SECTION "LUMINAIRE EFFICIENCY" SHALL MEAN
56 THE PERCENTAGE OF LUMENS GENERATED BY A LAMP WHICH ACTUALLY LEAVE A
S. 3003--D 5 A. 6950--D
1 LUMINAIRE; AND LAMP LUMINOUS EFFICACY SHALL MEAN THE AMOUNT OF LIGHT
2 GENERATED BY A LAMP/BALLAST SYSTEM (IN LUMENS) DIVIDED BY THE POWER IT
3 USES (IN WATTS). SUCH STANDARDS SHALL BE PROMULGATED ON OR BEFORE THE
4 EFFECTIVE DATE OF THIS ARTICLE AND SHALL TAKE EFFECT ONE HUNDRED EIGHTY
5 DAYS AFTER SUCH EFFECTIVE DATE.
6 6. IN RECOGNITION OF THE ONGOING RESEARCH INTO AND DEVELOPMENT OF NEW
7 TECHNOLOGIES IN THE OUTDOOR LIGHTING FIELD, THE DEPARTMENT, IN CONSULTA-
8 TION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
9 SHALL REPORT TO THE LEGISLATURE REGARDING NEW FINDINGS FROM RESEARCH AND
10 NEW TECHNOLOGIES THAT MAY AFFECT THE PROVISIONS OF THIS ARTICLE. SUCH
11 REPORTING MAY INCLUDE RECOMMENDED AMENDMENTS TO THIS ARTICLE TO INCREASE
12 ITS EFFECTIVENESS IN IMPLEMENTING THE PURPOSES OF ACHIEVING HEALTHY,
13 SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING.
14 S 20-0109. DARK-SKY PRESERVES.
15 1. THE COMMISSIONER IN CONSULTATION WITH AFFECTED STATE AGENCIES MAY
16 IDENTIFY AND DESIGNATE AS "DARK-SKY PRESERVES" AREAS OF THE STATE WHICH
17 ARE ESPECIALLY SUITABLE FOR ASTRONOMICAL OBSERVATIONS AND/OR WHICH
18 PROVIDE, DUE TO THEIR DARKNESS, NOCTURNAL BENEFITS TO FLORA AND FAUNA,
19 OR TO CITIZENS DESIRING VIEWS OF UNPOLLUTED OR RELATIVELY UNPOLLUTED
20 NIGHT SKIES.
21 2. WITHIN EIGHTEEN MONTHS OF THE DESIGNATION OF THE FIRST DARK-SKY
22 PRESERVE, THE COMMISSIONER SHALL PREPARE AND SUBMIT TO THE GOVERNOR AND
23 LEGISLATURE A PROPOSED PLAN TO PRESERVE THESE AREAS AS NECESSARY AND
24 APPROPRIATE TO PROTECT ASTRONOMICAL OBSERVATIONS AND/OR FLORA AND FAUNA.
25 S 20-0111. LIGHT TRESPASS.
26 1. FOR THE PURPOSES OF THIS ARTICLE, THE TERM "LIGHT TRESPASS" SHALL
27 MEAN THE PLACEMENT OR OPERATION OF A LUMINAIRE BY OTHER THAN A STATE
28 AGENCY OR PUBLIC CORPORATION, OR AN ELECTRIC CORPORATION PROVIDING ROAD-
29 WAY LIGHTING UNDER CONTRACT TO A STATE AGENCY OR PUBLIC CORPORATION, IN
30 A MANNER WHEREBY ILLUMINATION OR GLARE IS CAST UNNECESSARILY ON THE
31 PROPERTY OF ANOTHER WITH THE EFFECT OF REDUCING PRIVACY, LIMITING USE OR
32 ENJOYMENT, HINDERING SLEEP AND/OR DETRACTING FROM THE APPEARANCE OF THE
33 ILLUMINATED PROPERTY WITHOUT THE PERMISSION OF THE OWNER, LESSEE OR
34 LAWFUL OCCUPANT THEREOF. IN DETERMINING WHETHER LIGHT TRESPASS HAS
35 OCCURRED, THE COURT SHALL CONSIDER RULES AND REGULATIONS PROMULGATED BY
36 THE COMMISSIONER PURSUANT TO THIS SECTION.
37 2. NOT LESS THAN THIRTY DAYS BEFORE COMMENCING AN ACTION ALLEGING
38 LIGHT TRESPASS, WRITTEN NOTICE OF INTENTION TO COMMENCE SUCH ACTION MUST
39 BE GIVEN BY PERSONAL SERVICE OR CERTIFIED MAIL TO THE OWNER, LESSEE OR
40 LAWFUL OCCUPANT OF THE PROPERTY ON WHICH THE LUMINAIRE IS LOCATED TO
41 PROVIDE AN OPPORTUNITY TO CURE THE VIOLATION.
42 3. UPON A FINDING OF LIGHT TRESPASS, THE COURT MAY ORDER THE PERSON
43 FOUND TO HAVE COMMITTED LIGHT TRESPASS TO CURE THE VIOLATION AND IF THE
44 VIOLATION IS NOT CURED IN A TIMELY MANNER IMPOSE DAMAGES NOT TO EXCEED
45 ONE THOUSAND DOLLARS.
46 4. THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
47 RESEARCH AND DEVELOPMENT AUTHORITY, THE PUBLIC SERVICE COMMISSION AND
48 THE COMMISSION OF AGRICULTURE AND MARKETS SHALL, BY THE EFFECTIVE DATE
49 OF THIS ARTICLE, PROMULGATE RULES AND REGULATIONS GOVERNING THE PLACE-
50 MENT AND OPERATION OF LUMINAIRES AND ESTABLISHING GUIDELINES FOR DETER-
51 MINING LIGHT TRESPASS AS DEFINED IN SUBDIVISION ONE OF THIS SECTION,
52 GIVING CONSIDERATION TO:
53 (A) THE RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING
54 SOCIETY OF NORTH AMERICA;
55 (B) THE EXTENT TO WHICH THE LUMINAIRE IS FURTHERING A LAWFUL PURPOSE;
S. 3003--D 6 A. 6950--D
1 (C) THE SEVERITY OF THE EFFECT OF THE LUMINAIRE ON THE PROPERTY OF
2 OTHER PERSONS;
3 (D) THE AVAILABILITY OF LUMINAIRES THAT WOULD REDUCE THE SEVERITY OF
4 THE EFFECTS ON OTHER PERSONS WHILE RETAINING THE INTENDED BENEFITS FOR
5 THE OWNER OF THE LIGHTING;
6 (E) THE GENERAL CHARACTER AND THE USE OF THE PROPERTIES AND AREAS
7 INVOLVED; AND
8 (F) THE EXTENT TO WHICH THE LUMINAIRE IS FURTHERING AN ACTIVITY THAT
9 HAS BEEN FOUND TO BE A SOUND AGRICULTURAL PRACTICE PURSUANT TO SECTION
10 THREE HUNDRED EIGHT OF THE AGRICULTURE AND MARKETS LAW.
11 5. NOTHING IN THIS SECTION SHALL APPLY TO LIGHTING INSTALLED TO COMPLY
12 WITH REGULATIONS AND GUIDELINES FOR LIGHTING DEEMED NECESSARY FOR SECU-
13 RITY PURPOSES BY THE PUBLIC SERVICE COMMISSION OR ANY FEDERAL AGENCY, OR
14 THE MINIMUM LIGHTING REQUIREMENTS OF SECTION SEVENTY-FIVE-C OF THE BANK-
15 ING LAW. IN ADDITION, NOTHING IN THIS SECTION SHALL APPLY TO LIGHTING
16 FOR A THEATER THAT REGULARLY PRESENTS LIVE THEATRICAL PERFORMANCES
17 WHICH:
18 (A) COMPLIES WITH ALL APPLICABLE ZONING AND LAND USE REQUIREMENTS; AND
19 (B) IS CONSISTENT WITH THE HISTORIC QUALITY AND CHARACTER OF THEATER
20 LIGHTING.
21 6. IT SHALL BE AN AFFIRMATIVE DEFENSE TO AN ALLEGATION OF LIGHT TRES-
22 PASS THAT THE INSTALLATION OR OPERATION OF A LUMINAIRE COMPLIES WITH ALL
23 APPLICABLE ZONING AND LAND USE REQUIREMENTS AND WITH THE RULES AND REGU-
24 LATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO SUBDIVISION FOUR OF
25 THIS SECTION.
26 S 20-0113. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
27 THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
28 RESEARCH AND DEVELOPMENT AUTHORITY, THE SECRETARY OF STATE AND THE
29 COMMISSIONERS OF TRANSPORTATION AND THE OFFICE OF GENERAL SERVICES,
30 SHALL PREPARE OR CAUSE TO BE PREPARED AND DISTRIBUTED TO CITIES, TOWNS
31 AND VILLAGES A MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE FOR THE
32 PURPOSE OF SAVING ENERGY, REDUCING UNNECESSARY GLARE AND REDUCING UNNEC-
33 ESSARY SKY GLOW.
34 S 20-0115. INFORMATIONAL PAMPHLET.
35 THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
36 RESEARCH AND DEVELOPMENT AUTHORITY AND GIVING CONSIDERATION TO THE
37 RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
38 NORTH AMERICA, SHALL DEVELOP AND DISTRIBUTE TO EVERY MUNICIPALITY AND
39 EVERY ELECTRIC CORPORATION OR MUNICIPALITY PROVIDING ELECTRIC SERVICE IN
40 THIS STATE A PAMPHLET CONTAINING INFORMATION REGARDING THE PROVISIONS OF
41 THIS ARTICLE WITH RESPECT TO OUTDOOR LIGHTING.
42 S 20-0117. APPLICABILITY.
43 THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND SUPPLEMENTAL AND
44 SHALL NOT APPLY WITHIN ANY COUNTY OR MUNICIPALITY THAT, BY ORDINANCE OR
45 RESOLUTION, HAS ADOPTED PROVISIONS RESTRICTING LIGHT POLLUTION THAT ARE
46 AS, OR MORE, STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
47 S 2. Section 44 of the public service law is amended by adding a new
48 subdivision 5 to read as follows:
49 5. THE COMMISSION SHALL REQUIRE EVERY ELECTRIC CORPORATION OR MUNICI-
50 PALITY PROVIDING ELECTRIC SERVICE TO SEND TO EACH CUSTOMER IN ITS BILLS
51 A COPY OF THE INFORMATIONAL PAMPHLET RELATING TO OUTDOOR LIGHTING DEVEL-
52 OPED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION
53 20-0115 OF THE ENVIRONMENTAL CONSERVATION LAW. THE COMMISSION SHALL
54 COORDINATE WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO ENSURE
55 THAT EVERY ELECTRIC CORPORATION AND MUNICIPALITY PROVIDING ELECTRIC
S. 3003--D 7 A. 6950--D
1 SERVICE SHALL RECEIVE AN ADEQUATE SUPPLY OF SUCH PAMPHLETS SUITABLE FOR
2 DISTRIBUTION TO ITS CUSTOMERS IN THEIR UTILITY BILLS.
3 S 3. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law; provided, however, that effective immediate-
5 ly, the addition, amendment and/or repeal of any rule or regulation or
6 development of any standards necessary for the implementation of this
7 act on its effective date is authorized to be made and completed on or
8 before such effective date; and provided further that on and after the
9 date on which this act shall have become a law every state agency and
10 public corporation shall comply with the requirements of paragraphs (a)
11 through (e) of subdivision 1 of section 20-0107 of the environmental
12 conservation law as added by section one of this act, but provided
13 further that this act shall not apply to projects for the installation
14 or replacement of permanent outdoor luminaires which have already
15 received final design approval prior to the effective date of this act.
.SO DOC C 3003D/6950D *END* BTXT 2003