senate Bill S5275

Signed by Governor Amended

Restricts the luminous power of lighting fixtures installed or maintained by the state

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 15 / May / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 30 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Jun / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 17 / Jun / 2013
    • PRINT NUMBER 5275A
  • 20 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1499
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 18 / Mar / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 20 / May / 2014
    • 1ST REPORT CAL.847
  • 21 / May / 2014
    • 2ND REPORT CAL.
  • 28 / May / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 5275B
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A7489B
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.444
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 05 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Dec / 2014
    • SIGNED CHAP.512

Summary

Restricts the luminous power of lighting fixtures installed or maintained by the state.

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Bill Details

See Assembly Version of this Bill:
A7489
Versions:
S5275
S5275A
S5275B
Legislative Cycle:
2013-2014
Law Section:
Public Buildings Law
Laws Affected:
Add ยง143, Pub Bldg L

Votes

6
0
6
Aye
0
Nay
2
aye with reservations
0
absent
1
excused
0
abstained
show Investigations and Government Operations committee vote details

Sponsor Memo

BILL NUMBER:S5275

TITLE OF BILL: An act to amend the public buildings law, in relation
to restricting the luminous power of lighting fixtures installed or
maintained by the state

PURPOSE:

Limits the brightness of lights installed or maintained by New York
State.

SUMMARY OF PROVISIONS:

Section 1: Amends the public building laws defining direct lighting,
facade lighting, fully shielded fixture, fixture lumens, glare,
illuminance, light trespass, lumen, fixture, ornamental roadway
lighting parking-lot lighting, permanent outdoor fixture, roadway
lighting and sky glow.

Section 2: Prohibits state funds to be used to install new permanent
outdoor fixtures, or to pay for the cost of operating such fixtures
unless requirements are met such

(a) As the fixture is fully shielded for those mounted to poles,
buildings or other structures.

(b) Fully shielded fixtures for those building mounted that are not
specifically intended for roadway lighting, parking-lot lighting, or
facade lighting.

(c) Facade lighting the fixture is shielded to reduce glare, sky glow,
and light trespass to the greatest extent possible.

(d) Ornamental roadway lighting fixtures cannot allow more than 700
lumens from the fixture above a horizontal plane through the fixture's
lowest light emitting part.

(e) For new illuminated permanent outdoor fixtures applications, only
the illuminance levels required may be used.

(f) In cases involving roadway lighting unassociated with
intersections of 2 or more streets or highways, the Department of
Transportation has determined the purpose of lighting installation or
replacement cannot be achieved by installing reflectorized roadway
markers, line, warnings or informational signs or other passive means.

Section 3: waives the application of this law if:

(a) Federal law preempts State law

(b) the fixture is temporarily used by emergency personnel or repair
personnel for road repair

(c) navigational lighting systems necessary for aviation and nautical
safety


(d) athletic playing lighting

(e) safety or security needs exist that cannot be addressed by any
other method

(f) replacement of previously installed permanent outdoor fixtures
that are destroyed, damaged or inoperative, have experienced
electrical failure due to failed components or required standard
maintenance

(g) lighting is intended for tunnels and roadway underpasses

JUSTIFICATION:

This bill is intended to limit misdirected and excessive outdoor
illumination. Such 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. However, if it is not well designed it
can be costly, inefficient, counterproductive, and harmful to the
nighttime environment, interfering with normal patterns of activity,
behavior and physiology of flora and fauna. Recent research has
indicated that exposure to light at night can upset normal human
circadian rhythms, thereby disrupting hormone secretions and weakening
the body's immune system.

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.


LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect one year after it shall have become a law;
provided that effective immediately, in addition, amendment and/or
repeal of any rule or regulation or development of any standards
necessary for the implementation of this act on its effective date is
authorizes to be made and completed on or before such effective date.
This act shall not apply to projects for the installation or
replacement of permanent outdoor fixtures which have already received
final design approval prior to the effective date or this act.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5275

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN ACT to amend the public buildings law, in relation to restricting the
  luminous  power  of  lighting  fixtures installed or maintained by the
  state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public buildings law is amended by adding a new section
143 to read as follows:
  S 143. LIGHTING RESTRICTIONS. 1. DEFINITIONS. AS USED IN THIS SECTION:
  A.  "DIRECT  LIGHT"  MEANS  LIGHT  EMITTED BY A FIXTURE FROM THE LIGHT
SOURCE, FROM A REFLECTOR, OR THROUGH A REFRACTOR.
  B. "FACADE LIGHTING" MEANS PERMANENT OUTDOOR FIXTURES THAT ARE SPECIF-
ICALLY INTENDED TO ILLUMINATE THE  EXTERIOR  SURFACES  OF  BUILDINGS  OR
STRUCTURES.
  C.  "FULLY  SHIELDED  FIXTURE"  MEANS  A FIXTURE THAT ALLOWS NO DIRECT
LIGHT FROM THE FIXTURE ABOVE A HORIZONTAL PLANE  THROUGH  THE  FIXTURE'S
LOWEST LIGHT-EMITTING PART, IN ITS MOUNTED POSITION.
  D. "FIXTURE LUMENS" MEANS TOTAL LUMENS EMITTED BY A FIXTURE.
  E.  "GLARE" MEANS LIGHT EMITTED BY A FIXTURE THAT CAUSES DISCOMFORT OR
REDUCED VISIBILITY.
  F. "ILLUMINANCE" MEANS THE LUMINOUS POWER INCIDENT PER UNIT AREA OF  A
SURFACE.
  G.  "LIGHT  TRESPASS" MEANS LIGHT THAT FALLS BEYOND THE PROPERTY IT IS
INTENDED TO ILLUMINATE.
  H. "LUMEN" MEANS A STANDARD UNIT OF MEASUREMENT  OF  THE  QUANTITY  OF
LIGHT EMITTED FROM A SOURCE OF LIGHT.
  I.  "FIXTURE" MEANS A COMPLETE LIGHTING UNIT, INCLUDING A LIGHT SOURCE
TOGETHER WITH THE PARTS DESIGNED TO DISTRIBUTE THE  LIGHT,  TO  POSITION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10614-01-3

S. 5275                             2

AND  PROTECT  THE  LIGHT  SOURCE  AND TO CONNECT THE LIGHT SOURCE TO THE
POWER SUPPLY.
  J. "ORNAMENTAL ROADWAY LIGHTING" MEANS A ROADWAY LIGHTING FIXTURE THAT
SERVES A DECORATIVE FUNCTION IN ADDITION TO A ROADWAY LIGHTING FUNCTION,
HAVING AN HISTORICAL PERIOD APPEARANCE OR DECORATIVE APPEARANCE.
  K.  "PARKING-LOT  LIGHTING"  MEANS  PERMANENT OUTDOOR FIXTURES SPECIF-
ICALLY INTENDED TO ILLUMINATE UNCOVERED VEHICLE PARKING AREAS.
  L. "PERMANENT OUTDOOR FIXTURE" MEANS A FIXTURE FOR USE IN AN  EXTERIOR
ENVIRONMENT INSTALLED WITH MOUNTING NOT INTENDED FOR RELOCATION.
  M.  "ROADWAY  LIGHTING"  MEANS PERMANENT OUTDOOR FIXTURES SPECIFICALLY
INTENDED TO ILLUMINATE PUBLIC ROADWAYS.
  N. "SKY GLOW" MEANS A CONDITION CAUSED BY LIGHT  DIRECTED  UPWARDS  OR
SIDEWAYS REDUCING ONE'S ABILITY TO VIEW THE NIGHT SKY.
  2.  NO  STATE  FUNDS  SHALL BE USED TO INSTALL A NEW PERMANENT OUTDOOR
FIXTURE, OR PAY FOR THE COST  OF  OPERATING  SUCH  FIXTURE,  UNLESS  THE
FOLLOWING REQUIREMENTS ARE MET:
  A.  IN  THE  CASE OF ROADWAY LIGHTING OR PARKING-LOT LIGHTING; WHETHER
MOUNTED TO POLES, BUILDINGS OR OTHER STRUCTURES, THE  FIXTURE  IS  FULLY
SHIELDED.
  B.  IN THE CASE OF BUILDING-MOUNTED FIXTURES NOT SPECIFICALLY INTENDED
FOR ROADWAY LIGHTING, PARKING-LOT  LIGHTING,  OR  FACADE  LIGHTING,  THE
FIXTURE  IS  FULLY  SHIELDED  WHEN ITS INITIAL FIXTURE LUMENS IS GREATER
THAN THREE THOUSAND LUMENS.
  C. IN THE CASE OF FACADE LIGHTING, THE FIXTURE IS SHIELDED  TO  REDUCE
GLARE, SKY GLOW, AND LIGHT TRESPASS TO THE GREATEST EXTENT POSSIBLE.
  D.  IN  THE  CASE OF ORNAMENTAL ROADWAY LIGHTING FIXTURES, THE FIXTURE
ALLOWS NO MORE THAN SEVEN HUNDRED LUMENS FROM THE FIXTURE ABOVE A  HORI-
ZONTAL PLANE THROUGH THE FIXTURE'S LOWEST LIGHT EMITTING PART.
  E. FOR ILLUMINATION BY NEW PERMANENT OUTDOOR FIXTURES FOR APPLICATIONS
DESCRIBED IN PARAGRAPHS A, B, C OR D OF THIS SUBDIVISION, ONLY THE ILLU-
MINANCE LEVELS REQUIRED FOR THE INTENDED PURPOSE AS DEFINED IN THE TENTH
EDITION OF THE LIGHTING HANDBOOK PUBLISHED BY THE ILLUMINATING ENGINEER-
ING  SOCIETY (IES), AS UPDATED, MAY BE USED.  WHERE LOCAL CITY OR COUNTY
LAWS, ORDINANCES OR REGULATIONS SPECIFY A  DIFFERENT  REQUIREMENT,  ONLY
THE  ILLUMINANCE LEVELS REQUIRED FOR THE INTENDED PURPOSE BY THESE LAWS,
ORDINANCES OR REGULATIONS ARE TO BE USED.
  F. IN THE CASE OF ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS  OF
TWO  OR  MORE  STREETS OR HIGHWAYS, THE DEPARTMENT OF TRANSPORTATION HAS
DETERMINED THAT THE PURPOSE OF THE LIGHTING INSTALLATION OR  REPLACEMENT
CANNOT  BE  ACHIEVED  BY  INSTALLATION OF REFLECTORIZED ROADWAY MARKERS,
LINES, WARNINGS OR INFORMATIONAL SIGNS, OR OTHER PASSIVE MEANS.
  3. THIS SECTION SHALL NOT APPLY:
  A. IF A FEDERAL LAW, RULE OR REGULATION PREEMPTS STATE LAW;
  B. IF THE OUTDOOR LIGHTING FIXTURE IS USED  TEMPORARILY  BY  EMERGENCY
PERSONNEL  REQUIRING ADDITIONAL ILLUMINATION FOR EMERGENCY PROCEDURES OR
TEMPORARILY USED BY REPAIR PERSONNEL FOR ROAD REPAIR;
  C. TO NAVIGATIONAL LIGHTING SYSTEMS AND OTHER LIGHTING  NECESSARY  FOR
AVIATION AND NAUTICAL SAFETY;
  D. TO LIGHTING FOR ATHLETIC PLAYING AREAS;
  E.  IF  A COMPELLING AND BONA FIDE SAFETY OR SECURITY NEED EXISTS THAT
CANNOT BE ADDRESSED BY ANY OTHER METHOD;
  F. TO  THE  REPLACEMENT  OF  PREVIOUSLY  INSTALLED  PERMANENT  OUTDOOR
FIXTURES  THAT  ARE  DESTROYED, DAMAGED OR INOPERATIVE, HAVE EXPERIENCED
ELECTRICAL FAILURE DUE TO FAILED COMPONENTS, OR REQUIRE STANDARD MAINTE-
NANCE; OR
  G. TO LIGHTING INTENDED FOR TUNNELS AND ROADWAY UNDERPASSES.

S. 5275                             3

  S 2. The office of general services, in consultation with the  depart-
ment  of  transportation,  and  giving  consideration to the recommended
practices adopted by the Illuminating Engineering Society of North Amer-
ica, shall establish rules to implement the provisions of this  section,
including  a  system  to  ensure  that the use of state funds for street
lighting complies with the requirements set forth in this act and  shall
provide for the wide dissemination of this information.
  S  3. Applicability. No provision of this act shall be construed as to
permit the practice of architecture  as  such  practice  is  defined  in
section  7301  of  the  education law, or the practice of engineering as
such practice is defined in section 7201 of the education law.
  S 4. This act shall take effect one year after it shall have become  a
law; provided that effective immediately, the addition, amendment and/or
repeal  of any rule or regulation or development of any standards neces-
sary for the implementation of this act on its effective date is author-
ized to be made and completed on or  before  such  effective  date;  and
provided  further,  that  this  act  shall not apply to projects for the
installation or replacement of permanent  outdoor  fixtures  which  have
already  received  final  design approval prior to the effective date of
this act.

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