senate Bill S4191A

2011-2012 Legislative Session

Relates to outdoor lighting installed by state agencies and public corporations

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 14, 2012 advanced to third reading
amended 4191a
May 09, 2012 2nd report cal.
May 08, 2012 1st report cal.727
Apr 18, 2012 reported and committed to finance
Jan 04, 2012 referred to investigations and government operations
Jun 24, 2011 committed to rules
May 02, 2011 advanced to third reading
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.364
Mar 23, 2011 referred to investigations and government operations

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4191 - Bill Details

See Assembly Version of this Bill:
A7902A
Current Committee:
Senate Rules
Law Section:
Public Buildings Law
Laws Affected:
Add Art 4-D §§90 - 93, Pub Bldg L

S4191 - Bill Texts

view summary

Relates to outdoor lighting installed by state agencies and public corporations.

view sponsor memo
BILL NUMBER:S4191 REVISED 06/14/11

TITLE OF BILL:
An act
to amend the public buildings law, in relation to outdoor lighting
installed by state agencies and public corporations

PURPOSE:
This bill expands the type of energy information compiled by
NYSERDA to include energy efficient and environmentally sound outdoor
lighting.

SUMMARY OF PROVISIONS:
Section 1 adds language to subdivision 13 of
section 1854 of the public authorities law expanding the type of
energy information compiled by NYSERDA to include energy efficient
and environmentally sound outdoor lighting.

JUSTIFICATION:
Improperly designed outdoor lighting 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. The science of
photobiology indicates that blue-rich light at night is more likely
to alter circadian rhythm and photoperiod in the animal kingdom. The
State should work to reduce lighting deleterious effects on humans,
wildlife, and astronomical resources due to improper light design and
lighting choices such as blue-rich light and short-wavelength emission.

This legislation empowers NYSERDA to include information in its
listings of energy related products on the types of outdoor lighting
best able to avoid these problems. Given NYSERDA's role as a
repository and clearinghouse of energy efficiency products as well as
its leadership of the High Efficiency Street Lighting Advisory
Committee, they are the logical entity to compile such information.

LEGISLATIVE HISTORY:
Passed Assembly - 2009-2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4191

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

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 outdoor light-
  ing installed by state agencies and public corporations

  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 article
4-D to read as follows:
                               ARTICLE 4-D
                            OUTDOOR LIGHTING
SECTION 90. DEFINITIONS.
        91. PERMANENT OUTDOOR LUMINAIRE.
        92. INFORMATIONAL PAMPHLET.
        93. APPLICABILITY.
  S 90. DEFINITIONS. AS USED IN THIS SECTION:
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10428-01-1

S. 4191                             2

  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 91. PERMANENT OUTDOOR LUMINAIRE. 1. NO STATE AGENCY OR PUBLIC CORPO-
RATION 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  EIGHTEEN  HUNDRED  LUMENS SHALL BE FULLY SHIELDED, EXCEPT
THAT A HISTORIC-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 INFORMATION 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,
INCLUDING,  BUT NOT LIMITED TO, UTILITY PERSONNEL, NEED LIGHT FOR TEMPO-
RARY 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

S. 4191                             3

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 OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE DEPARTMENT
OF TRANSPORTATION, 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 OF THE OFFICE OF GENERAL SERVICES, 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 THE DEVELOPMENT OF  NEW
TECHNOLOGIES  IN  THE  OUTDOOR  LIGHTING  FIELD,  THE  OFFICE OF GENERAL
SERVICES, IN CONSULTATION 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  92.  INFORMATIONAL PAMPHLET.  THE COMMISSIONER OF THE OFFICE OF THE
GENERAL SERVICES,  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 OUTDOOR ELECTRIC
LIGHTING IN THIS STATE A PAMPHLET CONTAINING INFORMATION  REGARDING  THE
PROVISIONS OF THIS SECTION WITH RESPECT TO OUTDOOR LIGHTING.
  S 93. 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

S. 4191                             4

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.  This  act shall take effect 1 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 luminaires which have
already received final design approval prior to the  effective  date  of
this act.

Co-Sponsors

S4191A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7902A
Current Committee:
Senate Rules
Law Section:
Public Buildings Law
Laws Affected:
Add Art 4-D §§90 - 93, Pub Bldg L

S4191A (ACTIVE) - Bill Texts

view summary

Relates to outdoor lighting installed by state agencies and public corporations.

view sponsor memo
BILL NUMBER:S4191A REVISED 05/18/12

TITLE OF BILL:
An act
to amend the public buildings law, in relation to outdoor lighting
installed by state agencies and public corporations

PURPOSE:
This bill provides for the management of
outdoor night
lighting on state property to protect the nighttime environment,
enhance safety and security, and conserve energy.

SUMMARY OF PROVISIONS:
Section 1 adds a new Article 4-D to the public
buildings law, requiring state agencies and state authorities to
utilize fully shielded outdoor lighting when feasible. The bill
requires the Secretary of State to develop a pamphlet containing
information on the provisions of this bill, together with information
regarding the adverse effects of light pollution and methods of
controlling it.

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. This legislation addresses these problems in the following
ways:

* It restricts the installation of new lighting by state agencies or
state 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 would be installed by state agencies and state public
corporations.

* It allows the chief executive officer of any state agency or state
public corporation to exempt the state agency or state 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, under bridge, 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 would detract 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 of the Office of General Services, 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 Office of General Services in consultation
with NYSERDA report to the legislature on technological advances that

affect the provisions of this article and permits them to recommend
amendments to this article that would increase its effectiveness in
achieving the bill's stated purposes.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect one year after it shall
have become law, and shall not apply to installation and replacement
projects that have already received final design approval prior to
the effective date.

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

                                 4191--A
    Cal. No. 727

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced by Sens. MARCELLINO, DUANE -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Investigations
  and Government Operations -- recommitted to the Committee on  Investi-
  gations  and  Government  Operations in accordance with Senate Rule 6,
  sec. 8 -- reported favorably from said committee and committed to  the
  Committee  on  Finance  --  reported  favorably  from  said committee,
  ordered to first and second report, amended on second report,  ordered
  to  a  third  reading,  and  to be reprinted as amended, retaining its
  place in the order of third reading

AN ACT to amend the public buildings law, in relation to outdoor  light-
  ing installed by state agencies and public corporations

  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 article
4-D to read as follows:
                               ARTICLE 4-D
                            OUTDOOR LIGHTING
SECTION 90. DEFINITIONS.
        91. PERMANENT OUTDOOR LUMINAIRE.
        92. INFORMATIONAL PAMPHLET.
        93. APPLICABILITY.
  S 90. DEFINITIONS. AS USED IN THIS SECTION:
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10428-04-2

S. 4191--A                          2

  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.
  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.
  11.  "STATE  PUBLIC CORPORATION" MEANS A PUBLIC BENEFIT CORPORATION TO
WHICH THE GOVERNOR APPOINTS A MAJORITY OF THE MEMBERS.
  S 91. PERMANENT OUTDOOR LUMINAIRE. 1. NO STATE AGENCY OR STATE  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 EIGHTEEN HUNDRED LUMENS SHALL  BE  FULLY  SHIELDED,  EXCEPT
THAT A HISTORIC-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 INFORMATION 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,
INCLUDING, BUT NOT LIMITED TO, UTILITY PERSONNEL, NEED LIGHT FOR  TEMPO-
RARY EMERGENCIES OR ROAD REPAIR WORK.

S. 4191--A                          3

  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
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. THE WRITTEN
DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
OR CORPORATION OR HIS OR HER DESIGNEE.
  4. THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE DEPARTMENT
OF TRANSPORTATION, 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 OF THE OFFICE OF GENERAL SERVICES, 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  THAT  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). IN PREPARING SUCH STAN-
DARDS, DUE CONSIDERATION SHALL BE GIVEN TO THE ADVERSE ENVIRONMENTAL AND
HEALTH  IMPACTS  OF  "WHITE"  LIGHT  SOURCES  WITH HIGH CORRELATED COLOR
TEMPERATURE.   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 THE DEVELOPMENT OF  NEW
TECHNOLOGIES  IN  THE  OUTDOOR  LIGHTING  FIELD,  THE  OFFICE OF GENERAL
SERVICES, IN CONSULTATION 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 92. INFORMATIONAL PAMPHLET.  THE SECRETARY OF STATE, IN CONSULTATION
WITH  THE  NEW  YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND
GIVING CONSIDERATION TO THE RECOMMENDED PRACTICES ADOPTED BY THE ILLUMI-
NATING ENGINEERING SOCIETY OF NORTH AMERICA, SHALL DEVELOP AND  POST  ON
THE  DEPARTMENT'S  AND  THE AUTHORITY'S WEBSITES A DOWNLOADABLE PAMPHLET
CONTAINING INFORMATION REGARDING THE PROVISIONS  OF  THIS  ARTICLE  WITH

S. 4191--A                          4

RESPECT  TO  OUTDOOR  LIGHTING,  TOGETHER WITH INFORMATION REGARDING THE
ADVERSE EFFECTS OF LIGHT POLLUTION AND METHODS OF CONTROLLING IT.
  S  93. APPLICABILITY.  NO PROVISION OF THIS ARTICLE SHALL BE CONSTRUED
AS TO PERMIT THE PRACTICE OF ARCHITECTURE AS SUCH PRACTICE IS DEFINED IN
SECTION SEVENTY-THREE HUNDRED ONE OF THE EDUCATION LAW, OR THE  PRACTICE
OF  ENGINEERING  AS  SUCH  PRACTICE  IS  DEFINED  IN SECTION SEVENTY-TWO
HUNDRED ONE OF THE EDUCATION LAW.
  S 2. This act shall take effect 1 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 luminaires  which  have
already  received  final  design approval prior to the effective date of
this act.

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