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