senate Bill S5275A

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

Versions:
S5275
S5275A
S5275B
Legislative Cycle:
2013-2014
Law Section:
Public Buildings Law
Laws Affected:
Add ยง143, Pub Bldg L

Sponsor Memo

BILL NUMBER:S5275A

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--A

                       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  --  reported favorably from said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 LAMP, 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.  "LAMP"  MEANS  A  LIGHT  BULB OR OTHER COMPONENT OF A FIXTURE THAT
CHANGES ELECTRICITY INTO VISIBLE LIGHT.
  H. "LIGHT TRESPASS" MEANS LIGHT THAT FALLS BEYOND THE PROPERTY  IT  IS
INTENDED TO ILLUMINATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10614-06-3

S. 5275--A                          2

  I.  "LUMEN"  MEANS  A  STANDARD UNIT OF MEASUREMENT OF THE QUANTITY OF
LIGHT EMITTED FROM A LAMP.
  J. "FIXTURE" MEANS A COMPLETE LIGHTING UNIT, INCLUDING A LAMP TOGETHER
WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSITION AND PROTECT
THE LAMP AND TO CONNECT THE LAMP TO THE POWER SUPPLY.
  K. "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.
  L.  "PARKING-LOT  LIGHTING"  MEANS  PERMANENT OUTDOOR FIXTURES SPECIF-
ICALLY INTENDED TO ILLUMINATE UNCOVERED VEHICLE PARKING AREAS.
  M. "PERMANENT OUTDOOR FIXTURE" MEANS A FIXTURE FOR USE IN AN  EXTERIOR
ENVIRONMENT INSTALLED WITH MOUNTING NOT INTENDED FOR RELOCATION.
  N.  "ROADWAY  LIGHTING"  MEANS PERMANENT OUTDOOR FIXTURES SPECIFICALLY
INTENDED TO ILLUMINATE PUBLIC ROADWAYS.
  O. "SKY GLOW" MEANS A CONDITION CAUSED BY LIGHT  DIRECTED  UPWARDS  OR
SIDEWAYS REDUCING ONE'S ABILITY TO VIEW THE NIGHT SKY.
  2.  NO STATE AGENCY OR PUBLIC CORPORATION OPERATING IN THE STATE SHALL
INSTALL OR CAUSE TO  BE  INSTALLED  ANY  NEW  OR  REPLACEMENT  PERMANENT
OUTDOOR FIXTURE UNLESS THE FOLLOWING CONDITIONS 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 PARAGRAPH A, B, C OR D OF THIS SUBDIVISION, ONLY THE ILLU-
MINANCE LEVELS REQUIRED FOR THE INTENDED PURPOSE MAY BE USED, AS  ESTAB-
LISHED  BY THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES IN CONSUL-
TATION  WITH  THE  NEW  YORK  STATE  ENERGY  RESEARCH  AND   DEVELOPMENT
AUTHORITY,  AND  GIVING  DUE CONSIDERATION TO THE RECOMMENDATIONS OF THE
ILLUMINATING ENGINEERING SOCIETY IN ITS MOST RECENTLY  PUBLISHED  RECOM-
MENDED PRACTICES OR LIGHTING HANDBOOK.  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; PROVIDED, HOWEVER, THAT ALL
SUCH LIGHTING SHALL BE SELECTED AND INSTALLED  TO  SHIELD  THE  LAMP  OR

S. 5275--A                          3

LAMPS  FROM DIRECT VIEW AND TO MINIMIZE UPWARD LIGHTING AND GLARE TO THE
GREATEST EXTENT POSSIBLE;
  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  A  PREVIOUSLY  INSTALLED  PERMANENT  OUTDOOR
FIXTURE THAT IS DESTROYED, DAMAGED OR INOPERATIVE, HAS EXPERIENCED ELEC-
TRICAL  FAILURE  DUE  TO FAILED COMPONENTS, OR REQUIRES STANDARD MAINTE-
NANCE;
  G. TO LIGHTING INTENDED FOR TUNNELS AND ROADWAY UNDERPASSES; OR
  H.  IF THE COMBINED COST OF ACQUIRING AND OPERATING A FIXTURE  COMPLY-
ING  WITH PARAGRAPHS A, B AND C OF THIS SUBDIVISION IS MORE THAN FIFTEEN
PERCENT GREATER THEN THE COST  OF  ACQUIRING  AND  OPERATING  COMPARABLE
NON-COMPLIANT  FIXTURES  OVER  THE  LIFE OF THE LIGHTING SYSTEM AND IF A
WRITTEN DETERMINATION WITH FINDINGS HAS  BEEN  MADE  THAT  NO  COMPLIANT
FIXTURE EXISTS THAT WOULD MEET THE COST LIMITATION. THE WRITTEN DETERMI-
NATION  SHALL  BE MADE BY THE CHIEF EXECUTIVE OF THE AGENCY PLANNING THE
LIGHTING OR HIS HIS OR HER DESIGNEE.
  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  act,
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.  Report. The office of general services shall, on or before June
1, 2017, submit a report to the governor  and  the  legislature  on  the
implementation of the provisions of this act, including any cost savings
to the state or costs to the state.
  S  4. 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 5. 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
received final design approval prior to the effective date of this act.

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