S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3216
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by M. of A. ROSENTHAL, ENGLEBRIGHT, PAULIN, LUPARDO, CAHILL,
   KAVANAGH, OTIS -- Multi-Sponsored by -- M. of A.  ABINANTI,  DINOWITZ,
   GALEF, GLICK, GOTTFRIED, ORTIZ, SEPULVEDA -- read once and referred to
   the Committee on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, the public service
   law and the public buildings 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. DARK-SKY PRESERVES.
         20-0109. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
         20-0111. INFORMATIONAL PAMPHLET.
         20-0113. APPLICABILITY.
 § 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-

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

                                                            LBD05434-01-7

 A. 3216                             2
 
 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-EFFECTIVE MEANS AND  PRACTICES
 EXIST  THROUGH  APPROPRIATE  USE  OF  FIXTURES 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.
 § 20-0103. SHORT TITLE.
   THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTHY, SAFE AND
 ENERGY EFFICIENT OUTDOOR LIGHTING ACT".
 § 20-0105. DEFINITIONS.
   AS USED IN THIS ARTICLE:
   1. "FIXTURE" MEANS A COMPLETE LIGHTING UNIT, INCLUDING A LAMP TOGETHER
 WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSITION AND PROTECT
 THE LAMP, AND TO CONNECT THE LAMP TO THE POWER SUPPLY.
   2. "GLARE" MEANS LIGHT EMITTED BY A FIXTURE THAT CAUSES DISCOMFORT  OR
 REDUCED VISIBILITY OR MOMENTARY BLINDNESS.
   3.  "LAMP"  MEANS  A  LIGHT  BULB OR OTHER COMPONENT OF A FIXTURE THAT
 CHANGES ELECTRICITY INTO VISIBLE LIGHT.
   4. "LIGHT POLLUTION" MEAN  ANY  ADVERSE  EFFECT  OF  OUTDOOR  LIGHTING
 INCLUDING, BUT NOT LIMITED TO, GLARE AND SKY GLOW.
   5.  "LUMEN"  MEANS  A  STANDARD UNIT OF MEASUREMENT OF THE QUANTITY OF
 LIGHT EMITTED FROM A LAMP, AS DISTINCT FROM "WATT", A MEASURE  OF  POWER
 CONSUMPTION.
   6. "SKY GLOW" MEANS THE ILLUMINATION OF THE NIGHTTIME SKY THAT RESULTS
 FROM  UPWARD  SHINING LIGHT, WHICH IS REFLECTED OFF MOLECULES AND PARTI-
 CLES OF DIRT AND MOISTURE IN THE ATMOSPHERE.
 § 20-0107. 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

 A. 3216                             3
 
 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.
 § 20-0109. 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.
 § 20-0111. 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.
 § 20-0113. APPLICABILITY.
   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. 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.
   § 3. Paragraphs e, i and o of subdivision 1, and paragraph e of subdi-
 vision 2 of section 143 of the public buildings law, as added by chapter
 512  of the laws of 2014, are amended and two new paragraphs q and r are
 added to subdivision 1 to read as follows:
   e. "Glare" means light emitted by a fixture that causes discomfort  or
 reduced visibility OR MOMENTARY BLINDNESS.
   i.  "Lumen"  means  a  standard unit of measurement of the quantity of
 light emitted from a lamp AS DISTINCT FROM "WATT", A  MEASURE  OF  POWER
 CONSUMPTION.
   o.  "Sky  glow" means [a condition caused by light directed upwards or
 sideways reducing one's ability to view the night sky] THE  ILLUMINATION
 OF  THE  NIGHTTIME  SKY THAT RESULTS FROM UPWARD SHINING LIGHT, WHICH IS
 REFLECTED OFF MOLECULES AND PARTICLES OF  DIRECT  AND  MOISTURE  IN  THE
 ATMOSPHERE.
   Q.  "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 FIXTURE, MOUNTING HEIGHT, OR  POLE

 A. 3216                             4
 
 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.
   R.  "LIGHT  POLLUTION"  MEANS  ANY  ADVERSE EFFECT OF OUTDOOR LIGHTING
 INCLUDING, BUT NOT LIMITED TO, GLARE AND SKY GLOW.
   e. For illumination by new permanent outdoor fixtures for applications
 described in paragraph a, b, c or d of this  subdivision,  only  illumi-
 nance  levels  that  are no greater than those required for the intended
 purpose may be used, as established by the commissioner of the office of
 general services in consultation with the department  of  transportation
 and  the  New  York State Energy Research and Development Authority, and
 given due consideration to lighting industry standards and practices AND
 THAT MET THE FIXTURE EFFICIENCY AND  LAMP  LUMINOUS  EFFICACY  STANDARDS
 DEVELOPED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   §  4. Paragraphs g and h of subdivision 3 of section 143 of the public
 buildings law, as added by chapter 512 of the laws of 2014, are  amended
 and a new paragraph i is added to read as follows:
   g. to lighting intended for tunnels and roadway underpasses; [or]
   h. if the combined cost of acquiring and operating a fixture complying
 with  paragraphs  a,  b  and  c of this subdivision is more than fifteen
 percent greater than the cost  of  acquiring  and  operating  comparable
 non-compliant  fixtures  over  the  life of the lighting system and if a
 written determination with findings has  been  made  that  no  compliant
 fixture exists that would meet the cost limitation[.]; OR
   I. THE FIXTURE IS A HISTORIC-STYLE DECORATIVE FIXTURE WHICH IS PART OF
 A  CONTINUOUS  ROADWAY  LIGHTING  DESIGN  WHERE  THE  REPLACEMENT OF THE
 FIXTURE PIECEMEAL WITH COMPLIANT FIXTURES WOULD UNACCEPTABLY DEGRADE THE
 AESTHETIC CHARACTERISTICS OF THE EXISTING LIGHTING DESIGN.
   § 5. Section 143 of the public buildings law is amended by adding  two
 new subdivisions 5 and 6 to read as follows:
   5.  THE  COMMISSIONER  OF  ENVIRONMENTAL CONSERVATION, IN CONSULTATION
 WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL
 DEVELOP FIXTURE EFFICIENCY AND  LAMP  LUMINOUS  EFFICACY  STANDARDS  FOR
 LIGHTING  REGULATED  UNDER  THIS  SECTION.  FOR PURPOSES OF THIS SECTION
 "FIXTURE EFFICIENCY" SHALL MEAN THE PERCENTAGE OF LUMENS GENERATED BY  A
 LAMP WHICH ACTUALLY LEAVE A FIXTURE; 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 PROMUL-
 GATED 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  OF  ENVIRON-
 MENTAL  CONSERVATION,  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 RECOM-
 MENDED AMENDMENTS TO THIS  ARTICLE  TO  INCREASE  ITS  EFFECTIVENESS  IN
 IMPLEMENTING  THE  PURPOSES  OF ACHIEVING HEALTHY, SAFE AND ENERGY EFFI-
 CIENT OUTDOOR LIGHTING.
   § 6. 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 are authorized to be
 made and completed on  or  before  such  effective  date;  and  provided

 A. 3216                             5
 
 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
 changes to section 143  of  the  public  buildings  law  as  amended  by
 sections  three,  four  and  five of this act, but provided further that
 this act shall not apply to projects for the installation or replacement
 of permanent outdoor fixtures which have already received  final  design
 approval prior to the effective date of this act.