senate Bill S4126A

2013-2014 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
Jan 08, 2014 referred to investigations and government operations
Jun 21, 2013 committed to rules
May 29, 2013 amended on third reading 4126a
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.314
Mar 11, 2013 referred to investigations and government operations

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4126 - Bill Details

See Assembly Version of this Bill:
A1182B
Current Committee:
Law Section:
Public Buildings Law
Laws Affected:
Add Art 4-D §§90 - 93, Pub Bldg L

S4126 - Bill Texts

view summary

Relates to outdoor lighting installed by state agencies and public corporations; requires certain conditions to be met before lighting may be replaced.

view sponsor memo
BILL NUMBER:S4126

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, 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 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: 7902-A of 2012

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: 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 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 this act steal 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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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4126

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 11, 2013
                               ___________

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

AN  ACT to amend the public buildings law, in relation to 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  A LIGHT BULB OR OTHER COMPONENT OF A LUMINAIRE THAT
CHANGES ELECTRICITY INTO VISIBLE LIGHT.
  4. "LIGHT POLLUTION" MEANS ANY  ADVERSE  EFFECT  OF  OUTDOOR  LIGHTING
INCLUDING,   BUT  NOT  LIMITED  TO,  GLARE,  SKY  GLOW,  AND  ECOLOGICAL
DISRUPTION.
  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.
                                                           LBD05023-04-3

S. 4126                             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.
  11.  "STATE  PUBLIC CORPORATION" MEANS A PUBLIC BENEFIT CORPORATION TO
WHICH THE GOVERNOR APPOINTS A MAJORITY OF THE BOARD 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, SKY GLOW, AND ECOLOGICAL DISRUPTION; 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 AN UNSHIELDED LUMINAIRE THAT IS
PART OF A CONTINUOUS ROADWAY LIGHTING DESIGN;

S. 4126                             3

  (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
FULLY  SHIELDED  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 STANDARDS, DUE CONSIDERATION SHALL BE GIVEN TO THE ADVERSE ENVIRON-
MENTAL  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, 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 RESPECT TO OUTDOOR LIGHTING, TOGETHER WITH INFORMATION
REGARDING THE ADVERSE EFFECTS OF LIGHT POLLUTION AND METHODS OF CONTROL-
LING 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

S. 4126                             4

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.

Co-Sponsors

view additional co-sponsors

S4126A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1182B
Current Committee:
Law Section:
Public Buildings Law
Laws Affected:
Add Art 4-D §§90 - 93, Pub Bldg L

S4126A (ACTIVE) - Bill Texts

view summary

Relates to outdoor lighting installed by state agencies and public corporations; requires certain conditions to be met before lighting may be replaced.

view sponsor memo
BILL NUMBER:S4126A

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 S3
to S4.5 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 frilly
shielded luminaire is constructed and installed in such a mariner 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, 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 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:

7902-A of 2012

FISCAL IMPLICATIONS:


Undetermined.

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
________________________________________________________________________

                                 4126--A
    Cal. No. 314

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 11, 2013
                               ___________

Introduced  by Sens. MARCELLINO, AVELLA, BALL, ESPAILLAT, PARKER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Investigations  and  Government  Operations -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, 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 A LIGHT BULB OR OTHER COMPONENT OF  A  LUMINAIRE  THAT
CHANGES ELECTRICITY INTO VISIBLE LIGHT.
  4.  "LIGHT  POLLUTION"  MEANS  ANY  ADVERSE EFFECT OF OUTDOOR LIGHTING
INCLUDING,  BUT  NOT  LIMITED  TO,  GLARE,  SKY  GLOW,  AND   ECOLOGICAL
DISRUPTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05023-05-3

S. 4126--A                          2

  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 BOARD 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, SKY GLOW, AND ECOLOGICAL DISRUPTION; 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:

S. 4126--A                          3

  (A) THE LUMINAIRE IS A REPLACEMENT FOR AN UNSHIELDED 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.   NO PROVISION  OF  THIS  ARTICLE
SHALL  BE  CONSTRUED  AS  TO  PERMIT THE PRACTICE OF ENGINEERING AS SUCH
PRACTICE IS DEFINED IN SECTION SEVENTY-TWO HUNDRED ONE OF THE  EDUCATION
LAW.
  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
FULLY  SHIELDED  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 STANDARDS, DUE CONSIDERATION SHALL BE GIVEN TO THE ADVERSE ENVIRON-
MENTAL  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, 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 RESPECT TO OUTDOOR LIGHTING, TOGETHER WITH INFORMATION

S. 4126--A                          4

REGARDING THE ADVERSE EFFECTS OF LIGHT POLLUTION AND METHODS OF CONTROL-
LING 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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