(Archived from NYS Assembly Web Site on January 7, 2008.)
BILL NO A07438
SAME AS Same as S 4364
SPONSOR Rosenthal
COSPNSR Alessi, Englebright, Paulin, Lafayette, Lupardo, Cahill
MLTSPNSR Boyland, Brennan, DelMonte, Destito, Dinowitz, Gabryszak, Galef,
Glick, Gottfried, Koon, Lopez V, McEneny, Millman, O`Donnell, Ortiz,
Pheffer, Stirpe, Sweeney, Tonko, Towns, Young
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.BILL NO A07438 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
BILL: A07438 DATE: 06/20/2007 MOTION: YEA/NAY: 116/034 Abbate Y Calhoun NO Espaill Y Hoyt Y Maisel Y Powell Y Stirpe Y Alessi Y Camara Y Farrell Y Hyer-Sp Y Markey Y Pretlow Y Sweeney Y Alfano Y Canestr Y Fields Y Jacobs Y Mayerso Y Quinn NO Tedisco Y Arroyo Y Carrozz Y Finch NO Jaffee NO McDonal NO Rabbitt NO Thiele Y Auberti Y Christe Y Fitzpat NO Jeffrie Y McDonou Y Raia NO Titone Y Aubry Y Clark Y Gabrysz Y John Y McEneny Y Ramos Y Titus Y Bacalle NO Cole NO Galef Y Kavanag Y McKevit Y Reilich NO Tobacco NO Ball NO Colton Y Gantt Y Kellner Y Miller Y Reilly Y Tonko Y Barclay NO Conte Y Gianari Y Kirwan Y Millman Y Rive J Y Towns Y Barra Y Cook Y Giglio NO Kolb NO Molinar NO Rive N Y Townsen NO Benedet Y Crouch NO Glick Y Koon Y Morelle Y Rive PM Y Walker Y Benjami Y Cusick Y Gord D Y Lafayet Y Nolan Y Robinso Y Weinste Y Bing Y Cymbrow Y Gord TP Y Lancman Y Oaks NO Rosenth Y Weisenb Y Boyland Y DelMont Y Gottfri Y Latimer Y O`Donne Y Saladin Y Weprin Y Boyle Y Destito Y Greene Y Lavine Y O`Mara NO Sayward NO Wright Y Bradley Y Diaz LM Y Gunther NO Lentol Y Ortiz Y Scarbor Y Young Y Brennan Y Diaz R Y Hawley NO Lifton Y Parment Y Schimel Y Zebrows NO Brodsky Y Dinowit Y Hayes NO Lope PD NO Paulin Y Schimmi NO Mr Spkr Y Brook-K Y Duprey NO Heastie Y Lope VJ Y Peoples Y Schroed NO Burling NO Eddingt Y Hevesi Y Lupardo Y Peralta Y Scozzaf NO Butler NO Englebr Y Hikind Y Magee Y Perry Y Seminer Y Cahill Y Errigo NO Hooper Y Magnare Y Pheffer Y Spano Y
BILL NUMBER:A7438 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 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 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, unless the installations or substantial renovations occurred prior to the effective date of this article, complies also with the rules and regulations on light trespass 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: 2005-06: A7404 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 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
________________________________________________________________________
7438
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 -- Multi-
Sponsored by -- M. of A. BRENNAN, DelMONTE, DESTITO, DINOWITZ, GALEF,
GLICK, GOTTFRIED, KOON, LAFAYETTE, McENENY, MILLMAN, O`DONNELL, ORTIZ,
PHEFFER, STIRPE, SWEENEY, TONKO, TOWNS -- read once and referred to
the Committee on Environmental Conservation
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. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD00823-01-7
A. 7438 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 MISDIRECTED AND UNNECESSARY OUTDOOR LIGHTING CAN INVADE PRIVACY AND
16 LESSEN THE ENJOYMENT OF OWNERS OF ADJACENT PROPERTIES AS IT CROSSES
17 PROPERTY LINES.
18 BECAUSE THE HUMAN EYE AUTOMATICALLY ADJUSTS TO THE BRIGHTEST LIGHT IN
19 VIEW, THE GLARE FROM UNSHIELDED OR EXCESSIVELY BRIGHT OUTDOOR LIGHTING
20 CAN ACTUALLY INTERFERE WITH THE CLEAR PERCEPTION OF OTHER OBJECTS IN
21 ONE`S FIELD OF VISION.
22 INAPPROPRIATE USE OF OUTDOOR LIGHTING CAN HAVE A NEGATIVE IMPACT ON
23 THE NATURAL ENVIRONMENT, INTERFERING WITH NORMAL PATTERNS OF ACTIVITY,
24 BEHAVIOR AND PHYSIOLOGY OF FLORA AND FAUNA. RECENT RESEARCH HAS INDI-
25 CATED THAT EXPOSURE TO LIGHT AT NIGHT CAN UPSET NORMAL HUMAN CIRCADIAN
26 RHYTHMS, THEREBY DISRUPTING HORMONE SECRETIONS AND WEAKENING THE BODY`S
27 IMMUNE SYSTEM.
28 IN ADDITION, SKY GLOW FROM UNSHIELDED AND UNNECESSARY OUTDOOR LIGHTING
29 THWARTS THE AGES-OLD HUMAN YEARNING TO GAZE AT, LEARN FROM AND ENJOY THE
30 WONDERS OF THE NIGHT SKY.
31 THE LEGISLATURE FURTHER FINDS THAT COST-EFFICIENT MEANS AND PRACTICES
32 EXIST THROUGH APPROPRIATE USE OF LUMINAIRES TO PROVIDE ADEQUATE NIGHT
33 LIGHTING WHEN NEEDED THAT IS SAFE AND EFFECTIVE BUT CAUSES MINIMAL LIGHT
34 TRESPASS, GLARE, AND SKY GLOW. THESE MEANS AND PRACTICES ARE POSSIBLE
35 WITH INCREASED PUBLIC AWARENESS THROUGH EDUCATION AND PRUDENT PUBLIC
36 ACTION AS PROVIDED IN THIS ARTICLE.
37 THEREFORE, IT IS THE PURPOSE OF THIS ARTICLE TO BEGIN LIMITING LIGHT
38 POLLUTION IN THE STATE IN A COST-EFFECTIVE AND SOCIALLY FEASIBLE MANNER
39 IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY AND THE ENVIRONMENT.
40 IN FURTHERANCE THEREOF, IT IS HEREBY DECLARED TO BE THE POLICY OF THE
41 STATE TO PROHIBIT THE PLACEMENT OF A LUMINAIRE BY ANY PUBLIC CORPORATION
42 IN A MANNER WHEREBY ILLUMINATION OR GLARE IS CAST UNNECESSARILY ACROSS
43 PROPERTY LINES WITH THE EFFECT OF REDUCING PRIVACY AND THE USE AND
44 ENJOYMENT OF ADJACENT PROPERTY, HINDERING SLEEP, CREATING SKY GLOW
45 AND/OR DETRACTING FROM THE APPEARANCE OF AN AREA IN VIOLATION OF THE
46 PROVISIONS OF THIS ARTICLE.
47 S 20-0103. SHORT TITLE.
48 THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTHY, SAFE AND
49 ENERGY EFFICIENT OUTDOOR LIGHTING ACT".
50 S 20-0105. DEFINITIONS.
51 AS USED IN THIS ARTICLE:
52 1. "LUMINAIRE" MEANS A COMPLETE LIGHTING UNIT, INCLUDING A LAMP OR
53 LAMPS TOGETHER WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSI-
54 TION AND PROTECT THE LAMPS, AND TO CONNECT THE LAMPS TO THE POWER
55 SUPPLY; A LIGHT FIXTURE.
A. 7438 3
1 2. "GLARE" MEANS LIGHT EMITTED BY A LUMINAIRE THAT CAUSES REDUCED
2 VISIBILITY OR MOMENTARY BLINDNESS BY SHINING DIRECTLY INTO THE EYES OF
3 THE VIEWER.
4 3. "LAMP" MEANS THE COMPONENT OF A LUMINAIRE THAT PRODUCES LIGHT; A
5 LIGHT BULB.
6 4. "LIGHT POLLUTION" MEANS ANY ADVERSE EFFECT OF OUTDOOR LIGHTING
7 INCLUDING, BUT NOT LIMITED TO, GLARE, SKY GLOW, AND LIGHT TRESPASS.
8 5. "LUMEN" MEANS THE UNIT OF MEASUREMENT USED TO QUANTIFY THE AMOUNT
9 OF LIGHT PRODUCED BY A LAMP OR EMITTED FROM A LUMINAIRE, AS DISTINCT
10 FROM "WATT", A MEASURE OF POWER CONSUMPTION.
11 6. "FULLY SHIELDED LUMINAIRE" MEANS A LUMINAIRE CONSTRUCTED AND
12 INSTALLED IN SUCH A MANNER THAT ALL LIGHT EMITTED BY IT, EITHER DIRECTLY
13 FROM THE LAMP OR A DIFFUSING ELEMENT, OR INDIRECTLY BY REFLECTION OR
14 REFRACTION FROM ANY PART OF THE LUMINAIRE, IS PROJECTED BELOW A HORIZON-
15 TAL PLANE THROUGH THE LUMINAIRE`S LOWEST LIGHT EMITTING PART.
16 7. "PERMANENT OUTDOOR LUMINAIRE" MEANS ANY LUMINAIRE OR SYSTEM OF
17 LUMINAIRES THAT IS OUTDOORS AND THAT IS USED FOR MORE THAN TEN DAYS IN A
18 THREE HUNDRED SIXTY-FIVE DAY PERIOD.
19 8. "ROADWAY LIGHTING" MEANS PERMANENT OUTDOOR LUMINAIRES THAT ARE
20 SPECIFICALLY INTENDED TO ILLUMINATE ROADWAYS FOR AUTOMOTIVE VEHICLES.
21 9. "SKY GLOW" MEANS THE ILLUMINATION OF THE NIGHTTIME SKY THAT RESULTS
22 FROM UPWARD SHINING LIGHT, WHICH IS REFLECTED OFF MOLECULES AND PARTI-
23 CLES OF DIRT AND MOISTURE IN THE ATMOSPHERE.
24 S 20-0107. PERMANENT OUTDOOR LUMINAIRE.
25 1. NO STATE AGENCY OR PUBLIC CORPORATION SHALL INSTALL OR CAUSE TO BE
26 INSTALLED ANY NEW OR REPLACEMENT PERMANENT OUTDOOR LUMINAIRE UNLESS THE
27 FOLLOWING CONDITIONS ARE MET:
28 (A) ANY LUMINAIRE WITH A LAMP OR LAMPS HAVING TOTAL INITIAL OUTPUT
29 GREATER THAN 1800 LUMENS SHALL BE FULLY SHIELDED, EXCEPT THAT A HISTOR-
30 IC-STYLE DECORATIVE LUMINAIRE MAY EMIT UP TO TWO PERCENT OF ITS TOTAL
31 LUMENS ABOVE THE HORIZONTAL PLANE;
32 (B) IF A LIGHTING RECOMMENDATION PUBLISHED BY THE ILLUMINATING ENGI-
33 NEERING SOCIETY OF NORTH AMERICA APPLIES, FULL CONSIDERATION IS GIVEN TO
34 THE MINIMUM MAINTAINED LIGHT LEVEL ADEQUATE TO MEET THE RECOMMENDATION;
35 (C) IF NO SUCH LIGHTING RECOMMENDATION APPLIES, NO MORE THAN THE MINI-
36 MUM MAINTAINED LIGHT LEVEL ADEQUATE FOR THE INTENDED PURPOSE IS USED;
37 (D) FOR ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS, A DETERMI-
38 NATION IS MADE THAT THE PURPOSE OF THE LIGHTING INSTALLATION OR REPLACE-
39 MENT CANNOT BE ACHIEVED BY INSTALLATION OF REFLECTORIZED ROADWAY MARK-
40 ERS, LINES, WARNINGS OR INFORMATIONAL SIGNS, OR OTHER PASSIVE MEANS;
41 (E) ADEQUATE CONSIDERATION HAS BEEN GIVEN TO CONSERVING ENERGY AND
42 MINIMIZING GLARE, SKY GLOW, AND LIGHT TRESPASS; AND
43 (F) THE NEW OR REPLACEMENT LUMINAIRE MEETS THE LUMINAIRE EFFICIENCY
44 AND LAMP LUMINOUS EFFICACY STANDARDS DEVELOPED PURSUANT TO SUBDIVISION
45 FIVE OF THIS SECTION.
46 2. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF
47 SUBDIVISION ONE OF THIS SECTION:
48 (A) SITUATIONS WHERE FEDERAL LAWS, RULES AND REGULATIONS TAKE PRECED-
49 ENCE; AND
50 (B) SITUATIONS WHERE FIRE, POLICE, RESCUE, OR REPAIR PERSONNEL INCLUD-
51 ING UTILITY PERSONNEL NEED LIGHT FOR TEMPORARY EMERGENCIES OR ROAD
52 REPAIR WORK.
53 3. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF
54 PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION:
55 (A) THE LUMINAIRE IS A REPLACEMENT FOR A LUMINAIRE THAT IS PART OF A
56 CONTINUOUS ROADWAY LIGHTING DESIGN;
A. 7438 4
1 (B) THE LUMINAIRE IS A HISTORIC-STYLE DECORATIVE LUMINAIRE WHICH IS
2 PART OF A CONTINUOUS ROADWAY LIGHTING DESIGN WHERE THE REPLACEMENT OF
3 THE LUMINAIRE PIECEMEAL WITH COMPLIANT LUMINAIRES WOULD UNACCEPTABLY
4 DEGRADE THE AESTHETIC CHARACTERISTICS OF THE EXISTING LIGHTING DESIGN;
5 (C) SITUATIONS WHERE THERE ARE SPECIAL REQUIREMENTS, SUCH AS SPORTS
6 FACILITIES, TUNNELS, TRAFFIC CONTROL DEVICES, NAVIGATION LIGHTING,
7 AIRPORTS, UNDERBRIDGE LIGHTING, NATURAL AND CULTURAL MONUMENTS, OR FLAG
8 LIGHTING; PROVIDED, HOWEVER, THAT ALL SUCH LIGHTING SHALL BE SELECTED
9 AND INSTALLED TO SHIELD THE LAMP OR LAMPS FROM DIRECT VIEW AND TO MINI-
10 MIZE UPWARD LIGHTING, GLARE AND LIGHT TRESPASS TO THE GREATEST EXTENT
11 POSSIBLE; AND
12 (D) SITUATIONS WHERE A WRITTEN DETERMINATION WITH FINDINGS HAS BEEN
13 MADE THAT A SPECIFIED EXEMPTION TO ANY REQUIREMENT OF SUBDIVISION ONE OF
14 THIS SECTION IS NECESSARY AND APPROPRIATE FOR A COMPELLING SAFETY INTER-
15 EST THAT CANNOT BE ADEQUATELY ADDRESSED BY ANY OTHER METHOD. WHERE THIS
16 EXEMPTION IS FOR A STATE AGENCY OR STATE PUBLIC CORPORATION, THE WRITTEN
17 DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
18 OR CORPORATION OR HIS OR HER DESIGNEE. WHERE THE EXEMPTION IS FOR A
19 COUNTY, CITY, TOWN, OR VILLAGE, OR A PUBLIC CORPORATION THEREIN, THE
20 WRITTEN DETERMINATION SHALL BE MADE BY THE APPROPRIATE COUNTY EXECUTIVE,
21 MAYOR, SUPERVISOR, OR CHIEF EXECUTIVE OFFICER OR HIS OR HER DESIGNEE.
22 4. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTA-
23 TION AND THE OFFICE OF GENERAL SERVICES AND GIVING CONSIDERATION TO THE
24 RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
25 NORTH AMERICA, SHALL ESTABLISH RULES TO IMPLEMENT THE PROVISIONS OF THIS
26 SECTION, INCLUDING A SYSTEM TO ENSURE THAT THE USE OF STATE FUNDS FOR
27 STREET LIGHTING COMPLIES WITH THE REQUIREMENTS SET FORTH HEREIN AND
28 SHALL PROVIDE FOR THE WIDE DISSEMINATION OF THIS INFORMATION.
29 5. THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
30 RESEARCH AND DEVELOPMENT AUTHORITY, SHALL DEVELOP LUMINAIRE EFFICIENCY
31 AND LAMP LUMINOUS EFFICACY STANDARDS FOR LIGHTING REGULATED UNDER THIS
32 SECTION. FOR PURPOSES OF THIS SECTION "LUMINAIRE EFFICIENCY" SHALL MEAN
33 THE PERCENTAGE OF LUMENS GENERATED BY A LAMP WHICH ACTUALLY LEAVE A
34 LUMINAIRE; AND "LAMP LUMINOUS EFFICACY" SHALL MEAN THE AMOUNT OF LIGHT
35 GENERATED BY A LAMP/BALLAST SYSTEM (IN LUMENS) DIVIDED BY THE POWER IT
36 USES (IN WATTS). SUCH STANDARDS SHALL BE PROMULGATED ON OR BEFORE THE
37 EFFECTIVE DATE OF THIS ARTICLE AND SHALL TAKE EFFECT ONE HUNDRED EIGHTY
38 DAYS AFTER SUCH EFFECTIVE DATE.
39 6. IN RECOGNITION OF THE ONGOING RESEARCH INTO AND DEVELOPMENT OF NEW
40 TECHNOLOGIES IN THE OUTDOOR LIGHTING FIELD, THE DEPARTMENT, IN CONSULTA-
41 TION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
42 SHALL REPORT TO THE LEGISLATURE REGARDING NEW FINDINGS FROM RESEARCH AND
43 NEW TECHNOLOGIES THAT MAY AFFECT THE PROVISIONS OF THIS ARTICLE. SUCH
44 REPORTING MAY INCLUDE RECOMMENDED AMENDMENTS TO THIS ARTICLE TO INCREASE
45 ITS EFFECTIVENESS IN IMPLEMENTING THE PURPOSES OF ACHIEVING HEALTHY,
46 SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING.
47 S 20-0109. DARK-SKY PRESERVES.
48 1. THE COMMISSIONER IN CONSULTATION WITH AFFECTED STATE AGENCIES MAY
49 IDENTIFY AND DESIGNATE AS "DARK-SKY PRESERVES" AREAS OF THE STATE WHICH
50 ARE ESPECIALLY SUITABLE FOR ASTRONOMICAL OBSERVATIONS AND/OR WHICH
51 PROVIDE, DUE TO THEIR DARKNESS, NOCTURNAL BENEFITS TO FLORA AND FAUNA,
52 OR TO CITIZENS DESIRING VIEWS OF UNPOLLUTED OR RELATIVELY UNPOLLUTED
53 NIGHT SKIES.
54 2. WITHIN EIGHTEEN MONTHS OF THE DESIGNATION OF THE FIRST DARK-SKY
55 PRESERVE, THE COMMISSIONER SHALL PREPARE AND SUBMIT TO THE GOVERNOR AND
A. 7438 5
1 LEGISLATURE A PROPOSED PLAN TO PRESERVE THESE AREAS AS NECESSARY AND
2 APPROPRIATE TO PROTECT ASTRONOMICAL OBSERVATIONS AND/OR FLORA AND FAUNA.
3 S 20-0111. LIGHT TRESPASS.
4 1. FOR THE PURPOSES OF THIS ARTICLE, THE TERM "LIGHT TRESPASS" SHALL
5 MEAN THE PLACEMENT OR OPERATION OF A STATIONARY OUTDOOR LUMINAIRE BY
6 OTHER THAN A STATE AGENCY OR PUBLIC CORPORATION, OR AN ELECTRIC CORPO-
7 RATION PROVIDING ROADWAY LIGHTING UNDER CONTRACT TO A STATE AGENCY OR
8 PUBLIC CORPORATION, IN A MANNER WHEREBY ILLUMINATION OR GLARE IS CAST
9 UNNECESSARILY ON THE PROPERTY OF ANOTHER WITH THE EFFECT OF REDUCING
10 PRIVACY, LIMITING USE OR ENJOYMENT, HINDERING SLEEP AND/OR DETRACTING
11 FROM THE APPEARANCE OF THE ILLUMINATED PROPERTY WITHOUT THE PERMISSION
12 OF THE OWNER, LESSEE OR LAWFUL OCCUPANT THEREOF. IN DETERMINING WHETHER
13 LIGHT TRESPASS HAS OCCURRED, THE COURT SHALL CONSIDER RULES AND REGU-
14 LATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS SECTION.
15 2. NOT LESS THAN THIRTY DAYS BEFORE COMMENCING AN ACTION ALLEGING
16 LIGHT TRESPASS, WRITTEN NOTICE OF INTENTION TO COMMENCE SUCH ACTION MUST
17 BE GIVEN BY PERSONAL SERVICE OR CERTIFIED MAIL TO THE OWNER, LESSEE OR
18 LAWFUL OCCUPANT OF THE PROPERTY ON WHICH THE LUMINAIRE IS LOCATED TO
19 PROVIDE AN OPPORTUNITY TO CURE THE VIOLATION.
20 3. UPON A FINDING OF LIGHT TRESPASS, THE COURT MAY ORDER THE PERSON
21 FOUND TO HAVE COMMITTED LIGHT TRESPASS TO CURE THE VIOLATION AND IF THE
22 VIOLATION IS NOT CURED IN A TIMELY MANNER IMPOSE DAMAGES NOT TO EXCEED
23 ONE THOUSAND DOLLARS.
24 4. THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
25 RESEARCH AND DEVELOPMENT AUTHORITY, THE PUBLIC SERVICE COMMISSION AND
26 THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL, BY THE EFFECTIVE DATE
27 OF THIS ARTICLE, PROMULGATE RULES AND REGULATIONS GOVERNING THE PLACE-
28 MENT AND OPERATION OF LUMINAIRES AND ESTABLISHING GUIDELINES FOR DETER-
29 MINING LIGHT TRESPASS AS DEFINED IN SUBDIVISION ONE OF THIS SECTION,
30 GIVING CONSIDERATION TO:
31 (A) THE RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING
32 SOCIETY OF NORTH AMERICA;
33 (B) THE EXTENT TO WHICH THE LUMINAIRE IS FURTHERING A LAWFUL PURPOSE;
34 (C) THE SEVERITY OF THE EFFECT OF THE LUMINAIRE ON THE PROPERTY OF
35 OTHER PERSONS;
36 (D) THE AVAILABILITY OF LUMINAIRES THAT WOULD REDUCE THE SEVERITY OF
37 THE EFFECTS ON OTHER PERSONS WHILE RETAINING THE INTENDED BENEFITS FOR
38 THE OWNER OF THE LIGHTING;
39 (E) THE GENERAL CHARACTER AND THE USE OF THE PROPERTIES AND AREAS
40 INVOLVED; AND
41 (F) THE EXTENT TO WHICH THE LUMINAIRE IS FURTHERING AN ACTIVITY THAT
42 HAS BEEN FOUND TO BE A SOUND AGRICULTURAL PRACTICE PURSUANT TO SECTION
43 THREE HUNDRED EIGHT OF THE AGRICULTURE AND MARKETS LAW.
44 5. NOTHING IN THIS SECTION SHALL APPLY TO LIGHTING INSTALLED TO COMPLY
45 WITH REGULATIONS AND GUIDELINES FOR LIGHTING DEEMED NECESSARY FOR SECU-
46 RITY PURPOSES BY THE PUBLIC SERVICE COMMISSION OR ANY FEDERAL AGENCY, OR
47 THE MINIMUM LIGHTING REQUIREMENTS OF SECTION SEVENTY-FIVE-C OF THE BANK-
48 ING LAW. IN ADDITION, NOTHING IN THIS SECTION SHALL APPLY TO LIGHTING
49 FOR A THEATER THAT REGULARLY PRESENTS LIVE THEATRICAL PERFORMANCES
50 WHICH:
51 (A) COMPLIES WITH ALL APPLICABLE ZONING AND LAND USE REQUIREMENTS; AND
52 (B) IS CONSISTENT WITH THE HISTORIC QUALITY AND CHARACTER OF THEATER
53 LIGHTING.
54 6. IT SHALL BE AN AFFIRMATIVE DEFENSE TO AN ALLEGATION OF LIGHT TRES-
55 PASS THAT THE INSTALLATION OR OPERATION OF A LUMINAIRE COMPLIES WITH ALL
56 APPLICABLE ZONING AND LAND USE REQUIREMENTS IN EFFECT AT THE TIME OF
A. 7438 6
1 INSTALLATION AND, UNLESS THE INSTALLATION OR A SUBSTANTIAL RENOVATION
2 OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE, COMPLIES ALSO WITH
3 THE RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO
4 SUBDIVISION FOUR OF THIS SECTION. FOR THE PURPOSES OF THIS SUBDIVISION,
5 SUBSTANTIAL RENOVATION SHALL MEAN ALL SINGLE OR CUMULATIVE ADDITIONS OR
6 MODIFICATIONS OF TWENTY-FIVE PERCENT OR MORE IN TERMS OF (A) ADDITIONAL
7 DWELLING UNITS, (B) GROSS FLOOR AREA, (C) PARKING SPACE OR (D) LUMENS OF
8 OUTDOOR LIGHTING.
9 S 20-0113. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
10 THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
11 RESEARCH AND DEVELOPMENT AUTHORITY, THE SECRETARY OF STATE AND THE
12 COMMISSIONERS OF TRANSPORTATION AND THE OFFICE OF GENERAL SERVICES,
13 SHALL PREPARE OR CAUSE TO BE PREPARED AND DISTRIBUTED TO CITIES, TOWNS
14 AND VILLAGES A MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE FOR THE
15 PURPOSE OF SAVING ENERGY, REDUCING UNNECESSARY GLARE AND REDUCING UNNEC-
16 ESSARY SKY GLOW.
17 S 20-0115. INFORMATIONAL PAMPHLET.
18 THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE ENERGY
19 RESEARCH AND DEVELOPMENT AUTHORITY AND GIVING CONSIDERATION TO THE
20 RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
21 NORTH AMERICA, SHALL DEVELOP AND DISTRIBUTE TO EVERY MUNICIPALITY AND
22 EVERY ELECTRIC CORPORATION OR MUNICIPALITY PROVIDING ELECTRIC SERVICE IN
23 THIS STATE A PAMPHLET CONTAINING INFORMATION REGARDING THE PROVISIONS OF
24 THIS ARTICLE WITH RESPECT TO OUTDOOR LIGHTING.
25 S 20-0117. APPLICABILITY.
26 THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND SUPPLEMENTAL AND
27 SHALL NOT APPLY WITHIN ANY COUNTY OR MUNICIPALITY THAT, BY ORDINANCE OR
28 RESOLUTION, HAS ADOPTED PROVISIONS RESTRICTING LIGHT POLLUTION THAT ARE
29 AS, OR MORE, STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
30 S 2. Section 44 of the public service law is amended by adding a new
31 subdivision 5 to read as follows:
32 5. THE COMMISSION SHALL REQUIRE EVERY ELECTRIC CORPORATION OR MUNICI-
33 PALITY PROVIDING ELECTRIC SERVICE TO SEND TO EACH CUSTOMER IN ITS BILLS
34 A COPY OF THE INFORMATIONAL PAMPHLET RELATING TO OUTDOOR LIGHTING DEVEL-
35 OPED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION
36 20-0115 OF THE ENVIRONMENTAL CONSERVATION LAW. THE COMMISSION SHALL
37 COORDINATE WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO ENSURE
38 THAT EVERY ELECTRIC CORPORATION AND MUNICIPALITY PROVIDING ELECTRIC
39 SERVICE SHALL RECEIVE AN ADEQUATE SUPPLY OF SUCH PAMPHLETS SUITABLE FOR
40 DISTRIBUTION TO ITS CUSTOMERS IN THEIR UTILITY BILLS.
41 S 3. This act shall take effect on the one hundred eightieth day after
42 it shall have become a law; provided, however, that effective immediate-
43 ly, the addition, amendment and/or repeal of any rule or regulation or
44 development of any standards necessary for the implementation of this
45 act on its effective date is authorized to be made and completed on or
46 before such effective date; and provided further that on and after the
47 date on which this act shall have become a law every state agency and
48 public corporation shall comply with the requirements of paragraphs (a)
49 through (e) of subdivision 1 of section 20-0107 of the environmental
50 conservation law as added by section one of this act, but provided
51 further that this act shall not apply to projects for the installation
52 or replacement of permanent outdoor luminaires which have already
53 received final design approval prior to the effective date of this act.