NY State Senate Bill 2009-S2714

Senate Bill S2714

2009-2010 Legislative Session

Enacts the healthy, safe and energy efficient outdoor lighting act to reduce harmful outdoor lighting

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2010	print number 2714a
Mar 19, 2010	amend and recommit to finance
Mar 09, 2010	reported and committed to finance
Jan 06, 2010	referred to environmental conservation
Feb 27, 2009	referred to environmental conservation

Votes

- Mar 9, 2010 - Environmental Conservation Committee Vote
  S2714
  
  12
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Mar 9, 2010
      
      aye (12)
      
      Foley
      
      Johnson
      
      Leibell
      
      Marcellino
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Schneiderman
      
      Serrano
      
      Stewart-Cousins
      
      Thompson
      
      nay (2)
      
      Little
      
      Young

Bill Amendments

Original

A (Active)

co-Sponsors

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2009-S2714 - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 20 §§20-0101 - 20-0115, En Con L; amd §44, Pub Serv L

2009-S2714 - Summary

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; provides for distribution to customers by electric corporations or municipalities providing electric service of an informational pamphlet relating to outdoor lighting.

2009-S2714 - Sponsor Memo

                                BILL NUMBER:S2714

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  effi-
cient outdoor lighting act

PURPOSE:
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.
- Section 20-0101 delineates legislative findings;
- Section 20-0103 contains the short title as  the  "healthy,  save  and
energy efficient outdoor lighting act."
- Section 20-0105 defines the terms as used in the Act
-  Section  20-0107  establishes  criteria relating to permanent outdoor
lighting,
- Section 20-0109 establishes criteria related to the  establishment  of
"dark-sky preserves"
-  Section 20-0113 Requires 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,
-  Section 20-0115 requires DEC, in consultation with NYSERDA to develop
and distribute a pamphlet promoting the bill's goals of energy conserva-
tion and more effective night lighting and describing how the provisions
of this bill will achieve them, and
- Section 20-0117 provides that this Act shall not supersede  any  local
law that is more stringent.

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. Light
pollution is misdirected or misused light, generally resulting  from  an
inappropriate  application  of  exterior lighting products.   Aside from
excessive and needless use of energy resources, light pollution has many
other negative effects including:

- Sky glow: light wastefully escaping into the night sky and  causing  a
glow over urban/suburban areas.

-  Glare:  light shining dangerously out into people's eyes as they walk
or drive.

- Light Trespass: unwanted light shining onto a neighbor's  property  or
into their home.

The  ecologic  effects  of  artificial  light have been well documented.
Light pollution has been shown to  affect  both  flora  and  fauna.  For
instance,  prolonged  exposure  to  artificial light prevents many trees
from adjusting to seasonal variations,  according  to  Winslow  Briggs's
chapter  on  plant responses in the 2006 book Ecological Consequences of
Artificial Night Lighting. This, in turn, has implications for the wild-
life that depend  on  trees  for  their  natural  habitat.  Research  on
insects,  turtles,  birds,  fish,  reptiles,  and other wildlife species
shows that light pollution can  alter  behaviors,  foraging  areas,  and
breeding  cycles,  and  not  just in urban centers but in rural areas as
well. Light pollution also harms nocturnal wildlife.

According to "The First World Atlas of the Artificial Night Sky  Bright-
ness," a report on global light pollution published in volume 328, issue
3  (2001) of the Monthly Notices of the Royal Astronomical Society, two-
thirds of the U.S. population and more than  one-half  of  the  European
population  have  already lost the ability to see the Milky Way with the
naked eye. Moreover, 63% of the world population and 99%  of  the  popu-
lation of the European Union and the United States (excluding Alaska and
Hawaii) live in areas where the night sky is brighter than the threshold
for  light-polluted  status set by the International Astronomical Union-
that is, the artificial sky  brightness  is  greater  than  10%  of  the
natural sky brightness above 45 degree of elevation.

There  can  also  be grave health consequences as a result from too much
artificial light. A compelling amount of epidemiologic  evidence  points
to a consistent association between exposure to indoor artificial night-
time  light and health problems such as breast cancer, says George Brai-
nard, a professor of neurology  at  Jefferson  Medical  College,  Thomas
Jefferson University in Philadelphia. The 24-hour day/night cycle, known
as  the  circadian  clock,  affects  physiologic processes in almost all
organisms.  These  processes  include  brain  wave   patterns,   hormone
production, cell regulation, and other biologic activities

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
There would be modest administrative costs to NYSDEC and NYSERDA related
to  the  development and distribution of a pamphlet promoting the bill's
goals of energy conservation and more effective  night  lighting.  Addi-
tionally,  there  will be some small up-front costs to local governments
as they transition to more energy efficient lights. These costs,  howev-
er, would be more than offset by the long term energy savings.

EFFECTIVE DATE:
January 1st subsequent to enactment.

2009-S2714 - Bill Text download pdf

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

                                  2714

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed 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:

  Section  1.  The environmental conservation law is amended by adding a
new article 20 to read as follows:
                               ARTICLE 20
         HEALTHY, SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING ACT
SECTION 20-0101. LEGISLATIVE FINDINGS AND POLICY.
        20-0103. SHORT TITLE.
        20-0105. DEFINITIONS.
        20-0107. PERMANENT OUTDOOR LUMINAIRE.
        20-0109. DARK-SKY PRESERVES.
        20-0111. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
        20-0113. INFORMATIONAL PAMPHLET.
        20-0115. APPLICABILITY.
S 20-0101. LEGISLATIVE FINDINGS AND POLICY.
  THE LEGISLATURE FINDS THAT CAREFUL MANAGEMENT OF OUTDOOR  LIGHTING  IS
NECESSARY  TO  PROTECT  THE HEALTH, SAFETY, ENERGY SECURITY, ENVIRONMENT
AND GENERAL WELFARE OF THE PEOPLE OF THE STATE.
  UNTIL THE END OF THE NINETEENTH CENTURY, WANING  DAYLIGHT  BROUGHT  AN
END  TO  MANY  OF  MANKIND'S  ACTIVITIES.  THIS BEGAN TO CHANGE WITH THE
INTRODUCTION OF INCANDESCENT LAMPS,  WHICH  DRAMATICALLY  INCREASED  THE
RANGE  OF  PURSUITS POSSIBLE AFTER DARK. CIVIC, SOCIAL, CULTURAL, EDUCA-
TIONAL, AND COMMERCIAL ENDEAVORS NOW GO FORWARD WITH AN EASE AND FREEDOM
UNIMAGINABLE IN EARLIER TIMES.  AS  THE  SCIENCE  OF  LIGHTING  EVOLVED,
HOWEVER, TECHNICAL ADVANCEMENTS GRADUALLY OUTSTRIPPED THE BASIC REQUIRE-
MENT  OF  PROVIDING ADEQUATE ILLUMINATION FOR THE TASK AT HAND. AT LEAST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09817-01-9

S. 2714                             2

IN THE CASE OF OUTDOOR LIGHTING, THERE IS NOW GROWING  RECOGNITION  THAT
THE CONSEQUENCES ARE NOT ALTOGETHER BENIGN.
  INCREASING  SCIENTIFIC  AND  EXPERIENTIAL  EVIDENCE  DEMONSTRATES THAT
MISDIRECTED, UNSHIELDED, EXCESSIVE OR UNNECESSARY OUTDOOR NIGHT LIGHTING
HAS MAJOR DETRIMENTAL EFFECTS. ENERGY IS  WASTED  WHEN  ILLUMINATION  IS
USED EXCESSIVELY AND INEFFICIENTLY, CAUSING UNNECESSARY HEALTH-THREATEN-
ING  EMISSIONS FROM BURNING OF FOSSIL FUELS. SUCH EMISSIONS ALSO POLLUTE
THE STATE'S WATERS AND CONTRIBUTE TO GLOBAL WARMING.
  BECAUSE THE HUMAN EYE AUTOMATICALLY ADJUSTS TO THE BRIGHTEST LIGHT  IN
VIEW,  THE  GLARE FROM UNSHIELDED OR EXCESSIVELY BRIGHT OUTDOOR LIGHTING
CAN ACTUALLY INTERFERE WITH THE CLEAR PERCEPTION  OF  OTHER  OBJECTS  IN
ONE'S FIELD OF VISION.
  INAPPROPRIATE  USE  OF  OUTDOOR LIGHTING CAN HAVE A NEGATIVE IMPACT ON
THE NATURAL ENVIRONMENT, INTERFERING WITH NORMAL PATTERNS  OF  ACTIVITY,
BEHAVIOR  AND  PHYSIOLOGY OF FLORA AND FAUNA.  RECENT RESEARCH HAS INDI-
CATED THAT EXPOSURE TO LIGHT AT NIGHT CAN UPSET NORMAL  HUMAN  CIRCADIAN
RHYTHMS,  THEREBY DISRUPTING HORMONE SECRETIONS AND WEAKENING THE BODY'S
IMMUNE SYSTEM.
  IN ADDITION, SKY GLOW FROM UNSHIELDED AND UNNECESSARY OUTDOOR LIGHTING
THWARTS THE AGES-OLD HUMAN YEARNING TO GAZE AT, LEARN FROM AND ENJOY THE
WONDERS OF THE NIGHT SKY.
  THE LEGISLATURE FURTHER FINDS THAT COST-EFFICIENT MEANS AND  PRACTICES
EXIST  THROUGH  APPROPRIATE  USE OF LUMINAIRES TO PROVIDE ADEQUATE NIGHT
LIGHTING WHEN NEEDED THAT IS SAFE AND EFFECTIVE BUT CAUSES MINIMAL LIGHT
TRESPASS, GLARE, AND SKY GLOW. THESE MEANS AND  PRACTICES  ARE  POSSIBLE
WITH  INCREASED  PUBLIC  AWARENESS  THROUGH EDUCATION AND PRUDENT PUBLIC
ACTION AS PROVIDED IN THIS ARTICLE.
  THEREFORE, IT IS THE PURPOSE OF THIS ARTICLE TO BEGIN  LIMITING  LIGHT
POLLUTION  IN THE STATE IN A COST-EFFECTIVE AND SOCIALLY FEASIBLE MANNER
IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY AND THE ENVIRONMENT.
S 20-0103. SHORT TITLE.
  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTHY, SAFE AND
ENERGY EFFICIENT OUTDOOR LIGHTING ACT".
S 20-0105. DEFINITIONS.
  AS USED IN THIS ARTICLE:
  1. "LUMINAIRE" MEANS A COMPLETE LIGHTING UNIT,  INCLUDING  A  LAMP  OR
LAMPS TOGETHER WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSI-
TION  AND  PROTECT  THE  LAMPS,  AND  TO  CONNECT THE LAMPS TO THE POWER
SUPPLY; A LIGHT FIXTURE.
  2. "GLARE" MEANS LIGHT EMITTED BY  A  LUMINAIRE  THAT  CAUSES  REDUCED
VISIBILITY  OR  MOMENTARY BLINDNESS BY SHINING DIRECTLY INTO THE EYES OF
THE VIEWER.
  3. "LAMP" MEANS THE COMPONENT OF A LUMINAIRE THAT  PRODUCES  LIGHT;  A
LIGHT BULB.
  4.  "LIGHT  POLLUTION"  MEANS  ANY  ADVERSE EFFECT OF OUTDOOR LIGHTING
INCLUDING, BUT NOT LIMITED TO, GLARE AND SKY GLOW.
  5. "LUMEN" MEANS THE UNIT OF MEASUREMENT USED TO QUANTIFY  THE  AMOUNT
OF  LIGHT  PRODUCED  BY  A LAMP OR EMITTED FROM A LUMINAIRE, AS DISTINCT
FROM "WATT", A MEASURE OF POWER CONSUMPTION.
  6. "FULLY  SHIELDED  LUMINAIRE"  MEANS  A  LUMINAIRE  CONSTRUCTED  AND
INSTALLED IN SUCH A MANNER THAT ALL LIGHT EMITTED BY IT, EITHER DIRECTLY
FROM  THE  LAMP  OR  A DIFFUSING ELEMENT, OR INDIRECTLY BY REFLECTION OR
REFRACTION FROM ANY PART OF THE LUMINAIRE, IS PROJECTED BELOW A HORIZON-
TAL PLANE THROUGH THE LUMINAIRE'S LOWEST LIGHT EMITTING PART.

S. 2714                             3

  7. "PERMANENT OUTDOOR LUMINAIRE" MEANS  ANY  LUMINAIRE  OR  SYSTEM  OF
LUMINAIRES THAT IS OUTDOORS AND THAT IS USED FOR MORE THAN TEN DAYS IN A
THREE HUNDRED SIXTY-FIVE DAY PERIOD.
  8.  "ROADWAY  LIGHTING"  MEANS  PERMANENT  OUTDOOR LUMINAIRES THAT ARE
SPECIFICALLY INTENDED TO ILLUMINATE ROADWAYS FOR AUTOMOTIVE VEHICLES.
  9. "CONTINUOUS ROADWAY LIGHTING DESIGN" MEANS  A  LIGHTING  PLAN  THAT
ESTIMATES LIGHT ON A ROADWAY FROM CALCULATIONS UTILIZING FACTORS INCLUD-
ING,  BUT  NOT  LIMITED  TO, A PARTICULAR LUMINAIRE, MOUNTING HEIGHT, OR
POLE SPACING, IN ORDER TO MEET A SPECIFIED GOAL SUCH AS MINIMUM LIGHTING
LEVEL, UNIFORMITY, OR SMALL-TARGET VISIBILITY. LIGHTING PLACED  ONLY  AT
INTERSECTIONS  OR  OTHER  POTENTIALLY  HAZARDOUS  LOCATIONS SHALL NOT BE
CONSIDERED CONTINUOUS.
  10. "SKY GLOW" MEANS  THE  ILLUMINATION  OF  THE  NIGHTTIME  SKY  THAT
RESULTS  FROM UPWARD SHINING LIGHT, WHICH IS REFLECTED OFF MOLECULES AND
PARTICLES OF DIRT AND MOISTURE IN THE ATMOSPHERE.
S 20-0107. PERMANENT OUTDOOR LUMINAIRE.
  1. NO STATE AGENCY OR PUBLIC CORPORATION OPERATING IN THE STATE  SHALL
INSTALL  OR  CAUSE  TO  BE  INSTALLED  ANY  NEW OR REPLACEMENT PERMANENT
OUTDOOR LUMINAIRE UNLESS THE FOLLOWING CONDITIONS ARE MET:
  (A) ANY LUMINAIRE WITH A LAMP OR LAMPS  HAVING  TOTAL  INITIAL  OUTPUT
GREATER  THAN 1800 LUMENS SHALL BE FULLY SHIELDED, EXCEPT THAT A HISTOR-
IC-STYLE DECORATIVE LUMINAIRE MAY EMIT UP TO TWO PERCENT  OF  ITS  TOTAL
LUMENS ABOVE THE HORIZONTAL PLANE;
  (B)  IF  A LIGHTING RECOMMENDATION PUBLISHED BY THE ILLUMINATING ENGI-
NEERING SOCIETY OF NORTH AMERICA APPLIES, FULL CONSIDERATION IS GIVEN TO
THE MINIMUM MAINTAINED LIGHT LEVEL ADEQUATE TO MEET THE RECOMMENDATION;
  (C) IF NO SUCH LIGHTING RECOMMENDATION APPLIES, NO MORE THAN THE MINI-
MUM MAINTAINED LIGHT LEVEL ADEQUATE FOR THE INTENDED PURPOSE IS USED;
  (D) FOR ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS,  A  DETERMI-
NATION IS MADE THAT THE PURPOSE OF THE LIGHTING INSTALLATION OR REPLACE-
MENT  CANNOT  BE ACHIEVED BY INSTALLATION OF REFLECTORIZED ROADWAY MARK-
ERS, LINES, WARNINGS OR INFORMATIONAL SIGNS, OR OTHER PASSIVE MEANS;
  (E) ADEQUATE CONSIDERATION HAS BEEN GIVEN  TO  CONSERVING  ENERGY  AND
MINIMIZING GLARE AND SKY GLOW; AND
  (F)  THE  NEW  OR REPLACEMENT LUMINAIRE MEETS THE LUMINAIRE EFFICIENCY
AND LAMP LUMINOUS EFFICACY STANDARDS DEVELOPED PURSUANT  TO  SUBDIVISION
FIVE OF THIS SECTION.
  2.  THE  FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF
SUBDIVISION ONE OF THIS SECTION:
  (A) SITUATIONS WHERE FEDERAL LAWS, RULES AND REGULATIONS TAKE  PRECED-
ENCE; AND
  (B) SITUATIONS WHERE FIRE, POLICE, RESCUE, OR REPAIR PERSONNEL INCLUD-
ING  UTILITY  PERSONNEL  NEED  LIGHT  FOR  TEMPORARY EMERGENCIES OR ROAD
REPAIR WORK.
  3. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE  REQUIREMENTS  OF
PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION:
  (A)  THE  LUMINAIRE IS A REPLACEMENT FOR A LUMINAIRE THAT IS PART OF A
CONTINUOUS ROADWAY LIGHTING DESIGN;
  (B) THE LUMINAIRE IS A HISTORIC-STYLE DECORATIVE  LUMINAIRE  WHICH  IS
PART  OF  A  CONTINUOUS ROADWAY LIGHTING DESIGN WHERE THE REPLACEMENT OF
THE LUMINAIRE PIECEMEAL WITH  COMPLIANT  LUMINAIRES  WOULD  UNACCEPTABLY
DEGRADE THE AESTHETIC CHARACTERISTICS OF THE EXISTING LIGHTING DESIGN;
  (C)  SITUATIONS  WHERE  THERE ARE SPECIAL REQUIREMENTS, SUCH AS SPORTS
FACILITIES,  TUNNELS,  TRAFFIC  CONTROL  DEVICES,  NAVIGATION  LIGHTING,
AIRPORTS,  UNDERBRIDGE LIGHTING, NATURAL AND CULTURAL MONUMENTS, OR FLAG
LIGHTING; PROVIDED, HOWEVER, THAT ALL SUCH LIGHTING  SHALL  BE  SELECTED

S. 2714                             4

AND  INSTALLED TO SHIELD THE LAMP OR LAMPS FROM DIRECT VIEW AND TO MINI-
MIZE UPWARD LIGHTING AND GLARE TO THE GREATEST EXTENT POSSIBLE; AND
  (D)  SITUATIONS  WHERE  A WRITTEN DETERMINATION WITH FINDINGS HAS BEEN
MADE THAT A SPECIFIED EXEMPTION TO ANY REQUIREMENT OF SUBDIVISION ONE OF
THIS SECTION IS NECESSARY AND APPROPRIATE FOR A COMPELLING SAFETY INTER-
EST THAT CANNOT BE ADEQUATELY ADDRESSED BY ANY OTHER METHOD. WHERE  THIS
EXEMPTION IS FOR A STATE AGENCY OR STATE PUBLIC CORPORATION, THE WRITTEN
DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
OR  CORPORATION  OR  HIS OR HER DESIGNEE.   WHERE THE EXEMPTION IS FOR A
COUNTY, CITY, TOWN, OR VILLAGE, OR A  PUBLIC  CORPORATION  THEREIN,  THE
WRITTEN DETERMINATION SHALL BE MADE BY THE APPROPRIATE COUNTY EXECUTIVE,
MAYOR, SUPERVISOR, OR CHIEF EXECUTIVE OFFICER OR HIS OR HER DESIGNEE.
  4.  THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTA-
TION AND THE OFFICE OF GENERAL SERVICES AND GIVING CONSIDERATION TO  THE
RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
NORTH AMERICA, 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  HEREIN  AND
SHALL PROVIDE FOR THE WIDE DISSEMINATION OF THIS INFORMATION.
  5.  THE  COMMISSIONER,  IN CONSULTATION WITH THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, SHALL DEVELOP  LUMINAIRE  EFFICIENCY
AND  LAMP  LUMINOUS EFFICACY STANDARDS FOR LIGHTING REGULATED UNDER THIS
SECTION. FOR PURPOSES OF THIS SECTION "LUMINAIRE EFFICIENCY" SHALL  MEAN
THE  PERCENTAGE  OF  LUMENS  GENERATED  BY A LAMP WHICH ACTUALLY LEAVE A
LUMINAIRE; AND "LAMP LUMINOUS EFFICACY" SHALL MEAN THE AMOUNT  OF  LIGHT
GENERATED  BY  A LAMP/BALLAST SYSTEM (IN LUMENS) DIVIDED BY THE POWER IT
USES (IN WATTS).  SUCH STANDARDS SHALL BE PROMULGATED ON OR  BEFORE  THE
EFFECTIVE  DATE OF THIS ARTICLE AND SHALL TAKE EFFECT ONE HUNDRED EIGHTY
DAYS AFTER SUCH EFFECTIVE DATE.
  6. IN RECOGNITION OF THE ONGOING RESEARCH INTO AND DEVELOPMENT OF  NEW
TECHNOLOGIES IN THE OUTDOOR LIGHTING FIELD, THE DEPARTMENT, IN CONSULTA-
TION  WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
SHALL REPORT TO THE LEGISLATURE REGARDING NEW FINDINGS FROM RESEARCH AND
NEW TECHNOLOGIES THAT MAY AFFECT THE PROVISIONS OF  THIS  ARTICLE.  SUCH
REPORTING MAY INCLUDE RECOMMENDED AMENDMENTS TO THIS ARTICLE TO INCREASE
ITS  EFFECTIVENESS  IN  IMPLEMENTING  THE PURPOSES OF ACHIEVING HEALTHY,
SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING.
S 20-0109. DARK-SKY PRESERVES.
  1. THE COMMISSIONER IN CONSULTATION WITH AFFECTED STATE  AGENCIES  AND
LOCAL  AUTHORITIES  MAY  IDENTIFY  AND  NOMINATE AS "DARK-SKY PRESERVES"
AREAS OF THE STATE WHICH ARE ESPECIALLY SUITABLE FOR ASTRONOMICAL OBSER-
VATIONS AND/OR WHICH PROVIDE, DUE TO THEIR DARKNESS, NOCTURNAL  BENEFITS
TO FLORA AND FAUNA, OR TO CITIZENS DESIRING VIEWS OF UNPOLLUTED OR RELA-
TIVELY UNPOLLUTED NIGHT SKIES.
  2.  WITHIN  EIGHTEEN  MONTHS  OF  THE NOMINATION OF THE FIRST DARK-SKY
PRESERVE, THE COMMISSIONER SHALL PREPARE AND SUBMIT TO THE GOVERNOR  AND
LEGISLATURE  FOR  REVIEW  AND APPROVAL A PROPOSED PLAN TO PRESERVE THESE
AREAS AS NECESSARY AND APPROPRIATE TO PROTECT ASTRONOMICAL  OBSERVATIONS
AND/OR FLORA AND FAUNA.
S 20-0111. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY,  THE  SECRETARY  OF  STATE  AND  THE
COMMISSIONERS  OF  TRANSPORTATION  AND  THE  OFFICE OF GENERAL SERVICES,
SHALL PREPARE OR CAUSE TO BE PREPARED AND DISTRIBUTED TO  CITIES,  TOWNS
AND  VILLAGES  A  MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE FOR THE

S. 2714                             5

PURPOSE OF SAVING ENERGY, REDUCING UNNECESSARY GLARE AND REDUCING UNNEC-
ESSARY SKY GLOW.
S 20-0113. INFORMATIONAL PAMPHLET.
  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT  AUTHORITY  AND  GIVING  CONSIDERATION  TO  THE
RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
NORTH  AMERICA,  SHALL  DEVELOP AND DISTRIBUTE TO EVERY MUNICIPALITY AND
EVERY ELECTRIC CORPORATION OR MUNICIPALITY PROVIDING ELECTRIC SERVICE IN
THIS STATE A PAMPHLET CONTAINING INFORMATION REGARDING THE PROVISIONS OF
THIS ARTICLE WITH RESPECT TO OUTDOOR LIGHTING.
S 20-0115. APPLICABILITY.
  1. THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND SUPPLEMENTAL  AND
SHALL  NOT APPLY WITHIN ANY COUNTY OR MUNICIPALITY THAT, BY ORDINANCE OR
RESOLUTION, HAS ADOPTED PROVISIONS RESTRICTING LIGHT POLLUTION THAT  ARE
AS, OR MORE, STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
  2.  NO  PROVISION  OF THIS ARTICLE SHALL BE CONSTRUED AS TO PERMIT THE
PRACTICE OF ARCHITECTURE AS SUCH PRACTICE IS DEFINED IN  SECTION  SEVEN-
TY-THREE  HUNDRED ONE OF THE EDUCATION LAW, OR THE PRACTICE OF ENGINEER-
ING AS SUCH PRACTICE IS DEFINED IN SECTION SEVENTY-TWO  HUNDRED  ONE  OF
THE EDUCATION LAW.
  S  2.  Section 44 of the public service law is amended by adding a new
subdivision 5 to read as follows:
  5. THE COMMISSION SHALL REQUIRE EVERY ELECTRIC CORPORATION OR  MUNICI-
PALITY  PROVIDING ELECTRIC SERVICE TO SEND TO EACH CUSTOMER IN ITS BILLS
A COPY OF THE INFORMATIONAL PAMPHLET RELATING TO OUTDOOR LIGHTING DEVEL-
OPED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION
20-0113 OF THE ENVIRONMENTAL  CONSERVATION  LAW.  THE  COMMISSION  SHALL
COORDINATE  WITH  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO ENSURE
THAT EVERY ELECTRIC  CORPORATION  AND  MUNICIPALITY  PROVIDING  ELECTRIC
SERVICE  SHALL RECEIVE AN ADEQUATE SUPPLY OF SUCH PAMPHLETS SUITABLE FOR
DISTRIBUTION TO ITS CUSTOMERS IN THEIR UTILITY BILLS.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date upon which it shall have become a law; provided, however,
that effective immediately, the 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 authorized to be
made and completed on  or  before  such  effective  date;  and  provided
further that on and after the date on which this act shall have become a
law  every  state  agency  and  public corporation shall comply with the
requirements of paragraphs (a) through (e) of subdivision 1  of  section
20-0107 of the environmental conservation law as added by section one of
this act, but provided further that this act shall not apply to projects
for  the  installation  or  replacement  of permanent outdoor luminaires
which have already received final design approval prior to the effective
date of this act.

co-Sponsors

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2009-S2714A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 20 §§20-0101 - 20-0115, En Con L; amd §44, Pub Serv L

2009-S2714A (ACTIVE) - Summary

2009-S2714A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2714A              REVISED 06/04/10

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  effi-
cient 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 20-111  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, section 20-0113 on requiring
the 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 20-0115 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.

Section 3 sets out the effective date.

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 observa-
tion.

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 neigh-
boring properties and into nearby residences, reducing- privacy, hinder-
ing 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  popu-
lation  centers, adversely affecting the view of the night sky. In addi-
tion 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 operating in the state to fully-shielded luminaries.
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  effec-
tive  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 nominate areas for
"dark sky preserves" of the state.

* 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:
2009: A.7438A Passed Assembly  2007:  A.7438  Passed  Assembly  2005-06:
A.7404  Passed  Assembly  2004:  A.6950-D  Passed Assembly 2003: A.6950C
Passed Assembly 2002: A.9757-3 Rules 2001:  A.5352-B Passed Assembly and
Senate Vetoed by the Governor 2000:    A.6357-A  Passed  Assembly  1999:
A.6357-A En Con

FISCAL IMPLICATIONS:
There would be modest administrative costs to NYSDEC and NYSERDA related
to  the  development and distribution of a pamphlet promoting the bill's
goals of energy conservation and more effective  night  lighting.  Addi-
tionally,  there  will be some small up-front costs to local governments
as they transition to more energy efficient lights. These costs,  howev-
er, would be more than offset by the long term energy savings.

EFFECTIVE DATE:
This  act  shall take effect on the first of January next succeeding the
date upon which it shall have become law.

2009-S2714A (ACTIVE) - Bill Text download pdf

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

                                 2714--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 27, 2009
                               ___________

Introduced  by  Sens. THOMPSON, ADAMS, BRESLIN, DILAN, HUNTLEY, KRUEGER,
  MONTGOMERY,  ONORATO,  OPPENHEIMER,  PARKER,  PERKINS,   SCHNEIDERMAN,
  SERRANO  --  read  twice  and  ordered printed, and when printed to be
  committed to the Committee on Environmental Conservation --  recommit-
  ted  to the Committee on Environmental Conservation in accordance with
  Senate Rule 6, sec. 8 -- 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  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:

  Section 1.  The environmental conservation law is amended by adding  a
new article 20 to read as follows:
                               ARTICLE 20
         HEALTHY, SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING ACT
SECTION 20-0101. LEGISLATIVE FINDINGS AND POLICY.
        20-0103. SHORT TITLE.
        20-0105. DEFINITIONS.
        20-0107. PERMANENT OUTDOOR LUMINAIRE.
        20-0109. DARK-SKY PRESERVES.
        20-0111. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
        20-0113. INFORMATIONAL PAMPHLET.
        20-0115. APPLICABILITY.
S 20-0101. LEGISLATIVE FINDINGS AND POLICY.
  THE  LEGISLATURE  FINDS THAT CAREFUL MANAGEMENT OF OUTDOOR LIGHTING IS
NECESSARY TO PROTECT THE HEALTH, SAFETY,  ENERGY  SECURITY,  ENVIRONMENT
AND GENERAL WELFARE OF THE PEOPLE OF THE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09817-05-0

S. 2714--A                          2

  UNTIL  THE  END  OF THE NINETEENTH CENTURY, WANING DAYLIGHT BROUGHT AN
END TO MANY OF MANKIND'S ACTIVITIES.  THIS  BEGAN  TO  CHANGE  WITH  THE
INTRODUCTION  OF  INCANDESCENT  LAMPS,  WHICH DRAMATICALLY INCREASED THE
RANGE OF PURSUITS POSSIBLE AFTER DARK. CIVIC, SOCIAL,  CULTURAL,  EDUCA-
TIONAL, AND COMMERCIAL ENDEAVORS NOW GO FORWARD WITH AN EASE AND FREEDOM
UNIMAGINABLE  IN  EARLIER  TIMES.  AS  THE  SCIENCE OF LIGHTING EVOLVED,
HOWEVER, TECHNICAL ADVANCEMENTS GRADUALLY OUTSTRIPPED THE BASIC REQUIRE-
MENT OF PROVIDING ADEQUATE ILLUMINATION FOR THE TASK AT HAND.  AT  LEAST
IN  THE  CASE OF OUTDOOR LIGHTING, THERE IS NOW GROWING RECOGNITION THAT
THE CONSEQUENCES ARE NOT ALTOGETHER BENIGN.
  INCREASING SCIENTIFIC  AND  EXPERIENTIAL  EVIDENCE  DEMONSTRATES  THAT
MISDIRECTED, UNSHIELDED, EXCESSIVE OR UNNECESSARY OUTDOOR NIGHT LIGHTING
HAS  MAJOR  DETRIMENTAL  EFFECTS.  ENERGY IS WASTED WHEN ILLUMINATION IS
USED EXCESSIVELY AND INEFFICIENTLY, CAUSING UNNECESSARY HEALTH-THREATEN-
ING EMISSIONS FROM BURNING OF FOSSIL FUELS. SUCH EMISSIONS ALSO  POLLUTE
THE STATE'S WATERS AND CONTRIBUTE TO GLOBAL WARMING.
  BECAUSE  THE HUMAN EYE AUTOMATICALLY ADJUSTS TO THE BRIGHTEST LIGHT IN
VIEW, THE GLARE FROM UNSHIELDED OR EXCESSIVELY BRIGHT  OUTDOOR  LIGHTING
CAN  ACTUALLY  INTERFERE  WITH  THE CLEAR PERCEPTION OF OTHER OBJECTS IN
ONE'S FIELD OF VISION.
  INAPPROPRIATE USE OF OUTDOOR LIGHTING CAN HAVE A  NEGATIVE  IMPACT  ON
THE  NATURAL  ENVIRONMENT, INTERFERING WITH NORMAL PATTERNS OF ACTIVITY,
BEHAVIOR AND PHYSIOLOGY OF FLORA AND FAUNA.  RECENT RESEARCH  HAS  INDI-
CATED  THAT  EXPOSURE TO LIGHT AT NIGHT CAN UPSET NORMAL HUMAN CIRCADIAN
RHYTHMS, THEREBY DISRUPTING HORMONE SECRETIONS AND WEAKENING THE  BODY'S
IMMUNE SYSTEM.
  IN ADDITION, SKY GLOW FROM UNSHIELDED AND UNNECESSARY OUTDOOR LIGHTING
THWARTS THE AGES-OLD HUMAN YEARNING TO GAZE AT, LEARN FROM AND ENJOY THE
WONDERS OF THE NIGHT SKY.
  THE  LEGISLATURE FURTHER FINDS THAT COST-EFFICIENT MEANS AND PRACTICES
EXIST THROUGH APPROPRIATE USE OF LUMINAIRES TO  PROVIDE  ADEQUATE  NIGHT
LIGHTING WHEN NEEDED THAT IS SAFE AND EFFECTIVE BUT CAUSES MINIMAL LIGHT
TRESPASS,  GLARE,  AND  SKY GLOW. THESE MEANS AND PRACTICES ARE POSSIBLE
WITH INCREASED PUBLIC AWARENESS THROUGH  EDUCATION  AND  PRUDENT  PUBLIC
ACTION AS PROVIDED IN THIS ARTICLE.
  THEREFORE,  IT  IS THE PURPOSE OF THIS ARTICLE TO BEGIN LIMITING LIGHT
POLLUTION IN THE STATE IN A COST-EFFECTIVE AND SOCIALLY FEASIBLE  MANNER
IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY AND THE ENVIRONMENT.
S 20-0103. SHORT TITLE.
  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTHY, SAFE AND
ENERGY EFFICIENT OUTDOOR LIGHTING ACT".
S 20-0105. DEFINITIONS.
  AS USED IN THIS ARTICLE:
  1.  "LUMINAIRE"  MEANS  A  COMPLETE LIGHTING UNIT, INCLUDING A LAMP OR
LAMPS TOGETHER WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSI-
TION AND PROTECT THE LAMPS, AND  TO  CONNECT  THE  LAMPS  TO  THE  POWER
SUPPLY; A LIGHT FIXTURE.
  2.  "GLARE"  MEANS  LIGHT  EMITTED  BY A LUMINAIRE THAT CAUSES REDUCED
VISIBILITY OR MOMENTARY BLINDNESS BY SHINING DIRECTLY INTO THE  EYES  OF
THE VIEWER.
  3.  "LAMP"  MEANS  THE COMPONENT OF A LUMINAIRE THAT PRODUCES LIGHT; A
LIGHT BULB.
  4. "LIGHT POLLUTION" MEANS ANY  ADVERSE  EFFECT  OF  OUTDOOR  LIGHTING
INCLUDING, BUT NOT LIMITED TO, GLARE AND SKY GLOW.

S. 2714--A                          3

  5.  "LUMEN"  MEANS THE UNIT OF MEASUREMENT USED TO QUANTIFY THE AMOUNT
OF LIGHT PRODUCED BY A LAMP OR EMITTED FROM  A  LUMINAIRE,  AS  DISTINCT
FROM "WATT", A MEASURE OF POWER CONSUMPTION.
  6.  "FULLY  SHIELDED  LUMINAIRE"  MEANS  A  LUMINAIRE  CONSTRUCTED AND
INSTALLED IN SUCH A MANNER THAT ALL LIGHT EMITTED BY IT, EITHER DIRECTLY
FROM THE LAMP OR A DIFFUSING ELEMENT, OR  INDIRECTLY  BY  REFLECTION  OR
REFRACTION FROM ANY PART OF THE LUMINAIRE, IS PROJECTED BELOW A HORIZON-
TAL PLANE THROUGH THE LUMINAIRE'S LOWEST LIGHT EMITTING PART.
  7.  "PERMANENT  OUTDOOR  LUMINAIRE"  MEANS  ANY LUMINAIRE OR SYSTEM OF
LUMINAIRES THAT IS OUTDOORS AND THAT IS USED FOR MORE THAN TEN DAYS IN A
THREE HUNDRED SIXTY-FIVE DAY PERIOD.
  8. "ROADWAY LIGHTING" MEANS  PERMANENT  OUTDOOR  LUMINAIRES  THAT  ARE
SPECIFICALLY INTENDED TO ILLUMINATE ROADWAYS FOR AUTOMOTIVE VEHICLES.
  9.  "CONTINUOUS  ROADWAY  LIGHTING  DESIGN" MEANS A LIGHTING PLAN THAT
ESTIMATES LIGHT ON A ROADWAY FROM CALCULATIONS UTILIZING FACTORS INCLUD-
ING, BUT NOT LIMITED TO, A PARTICULAR  LUMINAIRE,  MOUNTING  HEIGHT,  OR
POLE SPACING, IN ORDER TO MEET A SPECIFIED GOAL SUCH AS MINIMUM LIGHTING
LEVEL,  UNIFORMITY,  OR SMALL-TARGET VISIBILITY. LIGHTING PLACED ONLY AT
INTERSECTIONS OR OTHER POTENTIALLY  HAZARDOUS  LOCATIONS  SHALL  NOT  BE
CONSIDERED CONTINUOUS.
  10.  "SKY  GLOW"  MEANS  THE  ILLUMINATION  OF  THE NIGHTTIME SKY THAT
RESULTS FROM UPWARD SHINING LIGHT, WHICH IS REFLECTED OFF MOLECULES  AND
PARTICLES OF DIRT AND MOISTURE IN THE ATMOSPHERE.
S 20-0107. PERMANENT OUTDOOR LUMINAIRE.
  1.  NO STATE AGENCY OR PUBLIC CORPORATION OPERATING IN THE STATE SHALL
INSTALL OR CAUSE TO  BE  INSTALLED  ANY  NEW  OR  REPLACEMENT  PERMANENT
OUTDOOR LUMINAIRE UNLESS THE FOLLOWING CONDITIONS ARE MET:
  (A)  ANY  LUMINAIRE  WITH  A LAMP OR LAMPS HAVING TOTAL INITIAL OUTPUT
GREATER THAN 1800 LUMENS SHALL BE FULLY SHIELDED, EXCEPT THAT A  HISTOR-
IC-STYLE  DECORATIVE  LUMINAIRE  MAY EMIT UP TO TWO PERCENT OF ITS TOTAL
LUMENS ABOVE THE HORIZONTAL PLANE;
  (B) IF A LIGHTING RECOMMENDATION PUBLISHED BY THE  ILLUMINATING  ENGI-
NEERING SOCIETY OF NORTH AMERICA APPLIES, FULL CONSIDERATION IS GIVEN TO
THE MINIMUM MAINTAINED LIGHT LEVEL ADEQUATE TO MEET THE RECOMMENDATION;
  (C) IF NO SUCH LIGHTING RECOMMENDATION APPLIES, NO MORE THAN THE MINI-
MUM MAINTAINED LIGHT LEVEL ADEQUATE FOR THE INTENDED PURPOSE IS USED;
  (D)  FOR  ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS, A DETERMI-
NATION IS MADE THAT THE PURPOSE OF THE LIGHTING INSTALLATION OR REPLACE-
MENT CANNOT BE ACHIEVED BY INSTALLATION OF REFLECTORIZED  ROADWAY  MARK-
ERS, LINES, WARNINGS OR INFORMATIONAL SIGNS, OR OTHER PASSIVE MEANS;
  (E)  ADEQUATE  CONSIDERATION  HAS  BEEN GIVEN TO CONSERVING ENERGY AND
MINIMIZING GLARE AND SKY GLOW; AND
  (F) THE NEW OR REPLACEMENT LUMINAIRE MEETS  THE  LUMINAIRE  EFFICIENCY
AND  LAMP  LUMINOUS EFFICACY STANDARDS DEVELOPED PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION.
  2. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE  REQUIREMENTS  OF
SUBDIVISION ONE OF THIS SECTION:
  (A)  SITUATIONS WHERE FEDERAL LAWS, RULES AND REGULATIONS TAKE PRECED-
ENCE; AND
  (B) SITUATIONS WHERE FIRE, POLICE, RESCUE, OR REPAIR PERSONNEL INCLUD-
ING UTILITY PERSONNEL NEED  LIGHT  FOR  TEMPORARY  EMERGENCIES  OR  ROAD
REPAIR WORK.
  3.  THE  FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF
PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION:
  (A) THE LUMINAIRE IS A REPLACEMENT FOR A LUMINAIRE THAT IS PART  OF  A
CONTINUOUS ROADWAY LIGHTING DESIGN;

S. 2714--A                          4

  (B)  THE  LUMINAIRE  IS A HISTORIC-STYLE DECORATIVE LUMINAIRE WHICH IS
PART OF A CONTINUOUS ROADWAY LIGHTING DESIGN WHERE  THE  REPLACEMENT  OF
THE  LUMINAIRE  PIECEMEAL  WITH  COMPLIANT LUMINAIRES WOULD UNACCEPTABLY
DEGRADE THE AESTHETIC CHARACTERISTICS OF THE EXISTING LIGHTING DESIGN;
  (C)  SITUATIONS  WHERE  THERE ARE SPECIAL REQUIREMENTS, SUCH AS SPORTS
FACILITIES,  TUNNELS,  TRAFFIC  CONTROL  DEVICES,  NAVIGATION  LIGHTING,
AIRPORTS,  UNDERBRIDGE LIGHTING, NATURAL AND CULTURAL MONUMENTS, OR FLAG
LIGHTING; PROVIDED, HOWEVER, THAT ALL SUCH LIGHTING  SHALL  BE  SELECTED
AND  INSTALLED TO SHIELD THE LAMP OR LAMPS FROM DIRECT VIEW AND TO MINI-
MIZE UPWARD LIGHTING AND GLARE TO THE GREATEST EXTENT POSSIBLE; AND
  (D) SITUATIONS WHERE A WRITTEN DETERMINATION WITH  FINDINGS  HAS  BEEN
MADE THAT A SPECIFIED EXEMPTION TO ANY REQUIREMENT OF SUBDIVISION ONE OF
THIS SECTION IS NECESSARY AND APPROPRIATE FOR A COMPELLING SAFETY INTER-
EST  THAT CANNOT BE ADEQUATELY ADDRESSED BY ANY OTHER METHOD. WHERE THIS
EXEMPTION IS FOR A STATE AGENCY OR STATE PUBLIC CORPORATION, THE WRITTEN
DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
OR CORPORATION OR HIS OR HER DESIGNEE.   WHERE THE EXEMPTION  IS  FOR  A
COUNTY,  CITY,  TOWN,  OR  VILLAGE, OR A PUBLIC CORPORATION THEREIN, THE
WRITTEN DETERMINATION SHALL BE MADE BY THE APPROPRIATE COUNTY EXECUTIVE,
MAYOR, SUPERVISOR, OR CHIEF EXECUTIVE OFFICER OR HIS OR HER DESIGNEE.
  4. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF  TRANSPORTA-
TION  AND THE OFFICE OF GENERAL SERVICES AND GIVING CONSIDERATION TO THE
RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
NORTH AMERICA, 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 HEREIN AND
SHALL PROVIDE FOR THE WIDE DISSEMINATION OF THIS INFORMATION.
  5. THE COMMISSIONER, IN CONSULTATION WITH THE NEW  YORK  STATE  ENERGY
RESEARCH  AND  DEVELOPMENT AUTHORITY, SHALL DEVELOP LUMINAIRE EFFICIENCY
AND LAMP LUMINOUS EFFICACY STANDARDS FOR LIGHTING REGULATED  UNDER  THIS
SECTION.  FOR PURPOSES OF THIS SECTION "LUMINAIRE EFFICIENCY" SHALL MEAN
THE PERCENTAGE OF LUMENS GENERATED BY A  LAMP  WHICH  ACTUALLY  LEAVE  A
LUMINAIRE;  AND  "LAMP LUMINOUS EFFICACY" SHALL MEAN THE AMOUNT OF LIGHT
GENERATED BY A LAMP/BALLAST SYSTEM (IN LUMENS) DIVIDED BY THE  POWER  IT
USES  (IN WATTS).   SUCH STANDARDS SHALL BE PROMULGATED ON OR BEFORE THE
EFFECTIVE DATE OF THIS ARTICLE AND SHALL TAKE EFFECT ONE HUNDRED  EIGHTY
DAYS AFTER SUCH EFFECTIVE DATE.
  6.  IN RECOGNITION OF THE ONGOING RESEARCH INTO AND DEVELOPMENT OF NEW
TECHNOLOGIES IN THE OUTDOOR LIGHTING FIELD, THE DEPARTMENT, IN CONSULTA-
TION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY,
SHALL REPORT TO THE LEGISLATURE REGARDING NEW FINDINGS FROM RESEARCH AND
NEW  TECHNOLOGIES  THAT  MAY AFFECT THE PROVISIONS OF THIS ARTICLE. SUCH
REPORTING MAY INCLUDE RECOMMENDED AMENDMENTS TO THIS ARTICLE TO INCREASE
ITS EFFECTIVENESS IN IMPLEMENTING THE  PURPOSES  OF  ACHIEVING  HEALTHY,
SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING.
S 20-0109. DARK-SKY PRESERVES.
  1.  THE  COMMISSIONER IN CONSULTATION WITH AFFECTED STATE AGENCIES AND
LOCAL AUTHORITIES MAY IDENTIFY  AND  NOMINATE  AS  "DARK-SKY  PRESERVES"
AREAS OF THE STATE WHICH ARE ESPECIALLY SUITABLE FOR ASTRONOMICAL OBSER-
VATIONS  AND/OR WHICH PROVIDE, DUE TO THEIR DARKNESS, NOCTURNAL BENEFITS
TO FLORA AND FAUNA, OR TO CITIZENS DESIRING VIEWS OF UNPOLLUTED OR RELA-
TIVELY UNPOLLUTED NIGHT SKIES.
  2. WITHIN EIGHTEEN MONTHS OF THE  NOMINATION  OF  THE  FIRST  DARK-SKY
PRESERVE,  THE COMMISSIONER SHALL PREPARE AND SUBMIT TO THE GOVERNOR AND
LEGISLATURE FOR REVIEW AND APPROVAL A PROPOSED PLAN  TO  PRESERVE  THESE

S. 2714--A                          5

AREAS  AS NECESSARY AND APPROPRIATE TO PROTECT ASTRONOMICAL OBSERVATIONS
AND/OR FLORA AND FAUNA.
S 20-0111. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY,  THE  SECRETARY  OF  STATE  AND  THE
COMMISSIONERS  OF  TRANSPORTATION  AND  THE  OFFICE OF GENERAL SERVICES,
SHALL PREPARE OR CAUSE TO BE PREPARED AND DISTRIBUTED TO  CITIES,  TOWNS
AND  VILLAGES  A  MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE FOR THE
PURPOSE OF SAVING ENERGY, REDUCING UNNECESSARY GLARE AND REDUCING UNNEC-
ESSARY SKY GLOW.
S 20-0113. INFORMATIONAL PAMPHLET.
  THE COMMISSIONER, IN CONSULTATION  WITH  THE  NEW  YORK  STATE  ENERGY
RESEARCH  AND  DEVELOPMENT  AUTHORITY  AND  GIVING  CONSIDERATION TO THE
RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
NORTH AMERICA, SHALL DEVELOP AND DISTRIBUTE TO  EVERY  MUNICIPALITY  AND
EVERY ELECTRIC CORPORATION OR MUNICIPALITY PROVIDING ELECTRIC SERVICE IN
THIS STATE A PAMPHLET CONTAINING INFORMATION REGARDING THE PROVISIONS OF
THIS ARTICLE WITH RESPECT TO OUTDOOR LIGHTING.
S 20-0115. APPLICABILITY.
  1.  THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND SUPPLEMENTAL AND
SHALL NOT APPLY WITHIN ANY COUNTY OR MUNICIPALITY THAT, BY ORDINANCE  OR
RESOLUTION,  HAS ADOPTED PROVISIONS RESTRICTING LIGHT POLLUTION THAT ARE
AS, OR MORE, STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
  2. NO PROVISION OF THIS ARTICLE SHALL BE CONSTRUED AS  TO  PERMIT  THE
PRACTICE  OF  ARCHITECTURE AS SUCH PRACTICE IS DEFINED IN SECTION SEVEN-
TY-THREE HUNDRED ONE OF THE EDUCATION LAW, OR THE PRACTICE OF  ENGINEER-
ING  AS  SUCH  PRACTICE IS DEFINED IN SECTION SEVENTY-TWO HUNDRED ONE OF
THE EDUCATION LAW.
  S 2. Section 44 of the public service law is amended by adding  a  new
subdivision 6 to read as follows:
  6.  THE COMMISSION SHALL REQUIRE EVERY ELECTRIC CORPORATION OR MUNICI-
PALITY PROVIDING ELECTRIC SERVICE TO SEND TO EACH CUSTOMER IN ITS  BILLS
A COPY OF THE INFORMATIONAL PAMPHLET RELATING TO OUTDOOR LIGHTING DEVEL-
OPED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION
20-0113  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW. THE COMMISSION SHALL
COORDINATE WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  TO  ENSURE
THAT  EVERY  ELECTRIC  CORPORATION  AND  MUNICIPALITY PROVIDING ELECTRIC
SERVICE SHALL RECEIVE AN ADEQUATE SUPPLY OF SUCH PAMPHLETS SUITABLE  FOR
DISTRIBUTION TO ITS CUSTOMERS IN THEIR UTILITY BILLS.
  S  3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law;  provided,  however,
that effective immediately, the 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  authorized  to  be
made  and  completed  on  or  before  such  effective date; and provided
further that on and after the date on which this act shall have become a
law every state agency and public  corporation  shall  comply  with  the
requirements  of  paragraphs (a) through (e) of subdivision 1 of section
20-0107 of the environmental conservation law as added by section one of
this act, but provided further that this act shall not apply to projects
for the installation or  replacement  of  permanent  outdoor  luminaires
which have already received final design approval prior to the effective
date of this act.

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Senate Bill S2714

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2009-S2714 - Details

2009-S2714 - Summary

2009-S2714 - Sponsor Memo

2009-S2714 - Bill Text download pdf

co-Sponsors

2009-S2714A (ACTIVE) - Details

2009-S2714A (ACTIVE) - Summary

2009-S2714A (ACTIVE) - Sponsor Memo

2009-S2714A (ACTIVE) - Bill Text download pdf

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