S T A T E O F N E W Y O R K
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8644
I N A S S E M B L Y
January 10, 2022
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Introduced by M. of A. FAHY -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
enacting the "dark skies protection 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 18 to read as follows:
ARTICLE 18
LIGHT POLLUTION CONTROL
TITLE 1. SHORT TITLE; DECLARATION OF PURPOSE; GENERAL DEFINITIONS.
2. LIGHT FIXTURES.
3. EXEMPTIONS.
4. PREEMPTION.
5. DEPARTMENT RESPONSIBILITY.
TITLE 1
SHORT TITLE; DECLARATION OF PURPOSE; GENERAL DEFINITIONS
SECTION 18-0101. SHORT TITLE.
18-0102. DECLARATION OF PURPOSE.
18-0103. GENERAL DEFINITIONS.
§ 18-0101. SHORT TITLE.
THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "DARK SKIES PROTECTION
ACT".
§ 18-0102. DECLARATION OF PURPOSE.
THE PURPOSE OF THIS ARTICLE SHALL BE TO REGULATE OUTDOOR NIGHT LIGHT-
ING TO PRESERVE AND ENHANCE THE STATE'S DARK SKY WHILE PROMOTING SAFETY
FOR PEOPLE, BIRDS, AND OTHER WILDLIFE, CONSERVING ENERGY, REDUCING OUR
CARBON FOOTPRINT, AND PRESERVING THE AESTHETIC QUALITIES OF THE NIGHT
SKY.
§ 18-0103. GENERAL DEFINITIONS.
FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "OUTDOOR LIGHTING FIXTURE" MEANS AN OUTDOOR ARTIFICIAL ILLUMINATING
DEVICE, WHETHER PERMANENT OR PORTABLE, USED FOR ILLUMINATION OR ADVER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13810-01-1
A. 8644 2
TISEMENT, INCLUDING BUT NOT LIMITED TO SEARCHLIGHTS, SPOTLIGHTS, AND
FLOODLIGHTS, WHETHER FOR ARCHITECTURAL LIGHTING, PARKING LOT LIGHTING,
LANDSCAPE LIGHTING, BILLBOARDS OR STREET LIGHTING.
2. "SHIELDED" MEANS A FIXTURE THAT IS SHIELDED IN SUCH A MANNER THAT
LIGHT RAYS EMITTED BY THE FIXTURE, EITHER DIRECTLY FROM THE LAMP OR
INDIRECTLY FROM THE FIXTURE, ARE PROJECTED BELOW A HORIZONTAL PLANE
RUNNING THROUGH THE LOWEST POINT ON THE FIXTURE WHERE LIGHT IS EMITTED.
3. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
TITLE 2
LIGHT FIXTURES
SECTION 18-0201. SHIELDING OF OUTDOOR LIGHT FIXTURES.
18-0202. NONCONFORMING LIGHT FIXTURES.
18-0203. OUTDOOR RECREATIONAL FACILITIES.
§ 18-0201. SHIELDING OF OUTDOOR LIGHT FIXTURES.
BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, ALL OUTDOOR LIGHT-
ING FIXTURES SHALL BE SHIELDED, INCLUDING BUT NOT LIMITED TO OUTDOOR
LIGHTING FIXTURES INSTALLED AT RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND
MUNICIPAL BUILDINGS AND STRUCTURES.
§ 18-0202. NONCONFORMING LIGHT FIXTURES.
1. (A) IN ADDITION TO THE EXEMPTIONS PROVIDED UNDER TITLE THREE OF
THIS ARTICLE, OUTDOOR LIGHTING FIXTURES NOT IN COMPLIANCE WITH THE
PROVISIONS OF THIS ARTICLE SHALL BE ALLOWED, PROVIDED THAT SUCH FIXTURES
ARE EXTINGUISHED BY AN AUTOMATIC OR MANUAL SHUTOFF DEVICE BETWEEN THE
HOURS OF ELEVEN O'CLOCK P.M. AND SUNRISE, OR ARE MOTION-ACTIVATED LIGHTS
WITH A DURATION OF LESS THAN FIFTEEN MINUTES AND EQUIPPED WITH AN AUTO-
MATIC SHUTOFF DEVICE.
(B) THE DEPARTMENT MAY, IN ITS DISCRETION, EXEMPT CERTAIN LIGHTING
FIXTURES FROM THE REQUIREMENTS OF THIS ARTICLE IF A SHIELDED FIXTURE IS
NOT REASONABLY AVAILABLE.
§ 18-0203. OUTDOOR RECREATIONAL FACILITIES.
NO OUTDOOR RECREATIONAL FACILITY, WHETHER PUBLIC OR PRIVATE, SHALL BE
ILLUMINATED BETWEEN THE HOURS OF ELEVEN O'CLOCK P.M. AND FIVE O'CLOCK
A.M. EXCEPT FOR A NATIONAL OR INTERNATIONAL TOURNAMENT OR TO CONCLUDE
ANY RECREATIONAL OR SPORTING EVENT OR OTHER ACTIVITY THAT IS IN PROGRESS
PRIOR TO ELEVEN O'CLOCK P.M. AT A BALLPARK OR FIELD, OUTDOOR AMPHITHEAT-
ER, ARENA, OR SIMILAR FACILITY.
TITLE 3
EXEMPTIONS
SECTION 18-0301. EXEMPTIONS.
§ 18-0301. EXEMPTIONS.
1. THE FOLLOWING SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS ARTI-
CLE:
(A) OUTDOOR LIGHTING FIXTURES ON ADVERTISEMENT SIGNS ON INTERSTATE AND
FEDERAL PRIMARY HIGHWAYS;
(B) NAVIGATIONAL LIGHTING SYSTEMS AT AIRPORTS AND OTHER LIGHTING
NECESSARY FOR AIRCRAFT SAFETY PURSUANT TO THE REQUIREMENTS OF THE FEDER-
AL AVIATION AUTHORITY, INCLUDING BUT NOT LIMITED TO LIGHTING PLACED ON
COMMUNICATION TOWERS OR WIND TURBINES;
(C) OUTDOOR LIGHTING FIXTURES THAT ARE NECESSARY FOR WORKER SAFETY,
INCLUDING BUT NOT LIMITED TO LIGHTS AT AGRICULTURAL FACILITIES, INDUS-
TRIAL, MANUFACTURING, OR COMMERCIAL SITES;
(D) EMERGENCY LIGHTING THAT IS USED BY POLICE, FIREFIGHTERS, CORREC-
TIONAL PERSONNEL, OR MEDICAL PERSONNEL AND THAT IS IN OPERATION DURING
SUCH EMERGENCY;
(E) OUTDOOR LIGHTING REGULATED PURSUANT TO FEDERAL LAW, RULE, OR REGU-
LATION THAT PREEMPTS STATE LAW;
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(F) LIGHTING INTENDED FOR TUNNELS AND ROADWAY UNDERPASSES;
(G) OUTDOOR LIGHTING USED FOR PROGRAMS, PROJECTS, OR IMPROVEMENTS OF A
CITY OR TOWN RELATING TO THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT,
OR MAINTENANCE OF A STREET OR HIGHWAY;
(H) OUTDOOR LIGHTING USED FOR CONSTRUCTION OR MAJOR RENOVATION OF
MUNICIPAL BUILDINGS, STRUCTURES, AND FACILITIES OF A CITY OR TOWN;
(I) STREETLIGHT FIXTURES IF THE SHIELDING OTHERWISE REQUIRED BY THIS
ARTICLE IS NOT AVAILABLE FROM THE MANUFACTURER; AND
(J) INCANDESCENT FIXTURES OF ONE HUNDRED FIFTY WATTS OR LESS AND OTHER
SOURCES OF LESS THAN SEVENTY WATTS, INCLUDING BUT NOT LIMITED TO
SEASONAL AND DECORATIVE LIGHTING.
TITLE 4
PREEMPTION
SECTION 18-0401. PREEMPTION.
§ 18-0401. PREEMPTION.
THE PROVISIONS OF THIS ARTICLE SHALL BE CUMULATIVE AND SUPPLEMENTAL
AND SHALL NOT APPLY WITHIN ANY MUNICIPALITY THAT, BY ORDINANCE OR RESOL-
UTION, HAS ADOPTED PROVISIONS RESTRICTING LIGHT POLLUTION THAT ARE EQUAL
TO OR MORE STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
TITLE 5
DEPARTMENT RESPONSIBILITY
SECTION 18-0501. DEPARTMENT RESPONSIBILITY.
§ 18-0501. DEPARTMENT RESPONSIBILITY.
1. THE DEPARTMENT SHALL DEVELOP EDUCATIONAL MATERIALS TO ENCOURAGE THE
REDUCTION OF LIGHT POLLUTION AND SHALL MAKE SUCH MATERIALS AVAILABLE TO
THE PUBLIC.
2. THE DEPARTMENT SHALL PROVIDE INFORMATION REGARDING COMPLIANCE WITH
THE REQUIREMENTS OF THIS ARTICLE, INCLUDING EXAMPLES OF CONFORMING LIGHT
FIXTURES, ALLOWABLE NONCONFORMING FIXTURES, AND THE PROVIDED EXEMPTIONS
UNDER TITLE THREE OF THIS ARTICLE AND SHALL MAKE SUCH MATERIALS AVAIL-
ABLE TO THE PUBLIC.
§ 2. Article 71 of the environmental conservation law is amended by
adding a new title 45 to read as follows:
TITLE 45
ENFORCEMENT OF ARTICLE 18
SECTION 71-4501. APPLICABILITY OF THIS TITLE.
71-4502. CIVIL SANCTIONS.
71-4503. ENFORCEMENT OF ARTICLE EIGHTEEN OF THIS CHAPTER.
§ 71-4501. APPLICABILITY OF THIS TITLE.
IN ADDITION TO THE PROVISIONS OF SECTIONS 71-0101, 71-0301, AND TITLE
FIVE OF THIS ARTICLE THE PROVISIONS OF THIS TITLE SHALL BE APPLICABLE TO
THE ENFORCEMENT OF ARTICLE EIGHTEEN OF THIS CHAPTER.
§ 71-4502. CIVIL SANCTIONS.
1. ANY PERSON WHO OWNS A ONE TO FOUR-FAMILY DWELLING AND VIOLATES ANY
OF THE PROVISIONS OF, OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY ARTI-
CLE EIGHTEEN OF THIS CHAPTER, OR ANY RULE OR REGULATION PROMULGATED
PURSUANT TO SUCH ARTICLE, SHALL BE LIABLE IN THE CASE OF A FIRST
VIOLATION, FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR
EACH SUCH VIOLATION. IN THE CASE OF A SECOND AND ANY CONTINUING OR
FURTHER VIOLATION, SUCH LIABILITY SHALL BE FOR A CIVIL PENALTY NOT TO
EXCEED TWO HUNDRED FIFTY DOLLARS FOR EACH SUCH VIOLATION.
2. ANY PERSON WHO OWNS A PROPERTY OTHER THAN A ONE TO FOUR-FAMILY
DWELLING AND WHO VIOLATES ANY PROVISION OF, OR WHO FAILS TO PERFORM ANY
DUTY IMPOSED BY, ARTICLE EIGHTEEN OF THIS CHAPTER, OR ANY RULE OR REGU-
LATION PROMULGATED PURSUANT TO SUCH ARTICLE, SHALL BE LIABLE IN THE CASE
OF A FIRST VIOLATION, FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
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DOLLARS FOR EACH SUCH VIOLATION. IN THE CASE OF A SECOND AND ANY CONTIN-
UING OR FURTHER VIOLATION, SUCH LIABILITY SHALL BE FOR A CIVIL PENALTY
NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
§ 71-4503. ENFORCEMENT OF ARTICLE EIGHTEEN OF THIS CHAPTER.
IN THE EXERCISE OF ANY OF THE POWERS AND DUTIES CONFERRED BY LAW, A
GOVERNING BODY OF A MUNICIPALITY OF THE STATE MAY ENFORCE THE PROVISIONS
OF ARTICLE EIGHTEEN OF THIS CHAPTER. FOR THE PURPOSES OF THIS SECTION,
THE TERM "GOVERNING BODY" SHALL MEAN THE BOARD OF SUPERVISORS OF A COUN-
TY, THE TOWN BOARD OF A TOWN, THE COMMON COUNCIL OF A CITY, OR THE BOARD
OF TRUSTEES OF A VILLAGE.
§ 3. This act shall take effect January 1, 2025. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.