S T A T E O F N E W Y O R K
________________________________________________________________________
583
2023-2024 Regular Sessions
I N S E N A T E
January 5, 2023
___________
Introduced by Sens. HOYLMAN, KRUEGER, MYRIE, PALUMBO -- read twice and
ordered printed, and when printed to be committed 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. Short title. This act shall be known and may be cited as
the "dark skies protection act".
§ 2. 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. LIGHTING 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 IS TO REGULATE OUTDOOR NIGHT LIGHTING TO
PRESERVE AND ENHANCE THE STATE'S DARK SKY WHILE PROMOTING SAFETY FOR
PEOPLE, BIRDS, AND OTHER WILDLIFE, CONSERVING ENERGY AND REDUCING OUR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02663-01-3
S. 583 2
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 MEAN:
1. "OUTDOOR LIGHTING FIXTURE" MEANS AN OUTDOOR ARTIFICIAL ILLUMINATING
DEVICE, WHETHER PERMANENT OR PORTABLE, USED FOR ILLUMINATION OR ADVER-
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.
4. "GOVERNING BOARD" INCLUDES THE BOARD OF SUPERVISORS OF A COUNTY,
THE TOWN BOARD OF A TOWN, THE COMMON COUNCIL OF A CITY, AND THE BOARD OF
TRUSTEES OF A VILLAGE.
TITLE 2
LIGHTING FIXTURES
SECTION 18-0201. SHIELDING OF OUTDOOR LIGHTING FIXTURES.
18-0202. NONCONFORMING LIGHTING FIXTURES.
18-0203. OUTDOOR RECREATIONAL FACILITIES.
§ 18-0201. SHIELDING OF OUTDOOR LIGHTING FIXTURES.
ALL OUTDOOR LIGHTING FIXTURES SHALL BE SHIELDED AFTER JANUARY FIRST,
TWO THOUSAND TWENTY-SIX, INCLUDING BUT NOT LIMITED TO OUTDOOR LIGHTING
FIXTURES INSTALLED AT RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND MUNICIPAL
BUILDINGS AND STRUCTURES.
§ 18-0202. NONCONFORMING LIGHTING FIXTURES.
1. IN ADDITION TO OTHER EXEMPTIONS PROVIDED IN 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 P.M. AND
SUNRISE OR ARE MOTION-ACTIVATED LIGHTS WITH A DURATION OF LESS THAN
FIFTEEN MINUTES AND EQUIPPED WITH AN AUTOMATIC SHUTOFF DEVICE.
2. 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 P.M. AND FIVE 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
P.M. AT A BALLPARK OR FIELD, OUTDOOR AMPHITHEATER, ARENA, OR SIMILAR
FACILITY.
TITLE 3
EXEMPTIONS
SECTION 18-0301. EXEMPTIONS.
§ 18-0301. EXEMPTIONS.
THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENTS OF THIS ARTICLE:
1. OUTDOOR LIGHTING FIXTURES ON ADVERTISEMENT SIGNS ON INTERSTATES AND
FEDERAL PRIMARY HIGHWAYS;
2. NAVIGATIONAL LIGHTING SYSTEMS AT AIRPORTS AND OTHER LIGHTING NECES-
SARY FOR AIRCRAFT SAFETY PURSUANT TO THE REQUIREMENTS OF THE FEDERAL
AVIATION AUTHORITY, INCLUDING BUT NOT LIMITED TO LIGHTING PLACED ON
COMMUNICATION TOWERS OR WIND TURBINES;
S. 583 3
3. OUTDOOR LIGHTING FIXTURES THAT ARE NECESSARY FOR WORKER SAFETY,
INCLUDING BUT NOT LIMITED TO LIGHTS AT AGRICULTURAL FACILITIES, INDUS-
TRIAL, MANUFACTURING, OR COMMERCIAL SITES;
4. EMERGENCY LIGHTING THAT IS USED BY POLICE, FIREFIGHTERS, CORREC-
TIONAL PERSONNEL, OR MEDICAL PERSONNEL AND THAT IS IN OPERATION AS LONG
AS THE EMERGENCY EXISTS;
5. OUTDOOR LIGHTING REGULATED PURSUANT TO FEDERAL LAW, RULE, OR REGU-
LATION THAT PREEMPTS STATE LAW;
6. LIGHTING INTENDED FOR TUNNELS AND ROADWAY UNDERPASSES;
7. 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;
8. OUTDOOR LIGHTING USED FOR CONSTRUCTION OR MAJOR RENOVATION OF
MUNICIPAL BUILDINGS, STRUCTURES, AND FACILITIES OF A CITY OR TOWN;
9. STREETLIGHT FIXTURES IF THE SHIELDING IS NOT AVAILABLE FROM THE
MANUFACTURER; AND
10. 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 ARE 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 THOSE MATERIALS AVAILABLE TO
THE PUBLIC.
2. THE DEPARTMENT SHALL PROVIDE INFORMATION REGARDING COMPLYING WITH
THE REQUIREMENTS OF THIS ARTICLE, INCLUDING EXAMPLES OF CONFORMING
LIGHTING FIXTURES, ALLOWABLE NONCONFORMING LIGHTING FIXTURES, AND THE
PROVIDED EXEMPTIONS AND SHALL MAKE THOSE MATERIALS AVAILABLE TO THE
PUBLIC.
§ 3. 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 SANCTION.
71-4503. ENFORCEMENT OF ARTICLE 18 OF THIS CHAPTER.
§ 71-4501. APPLICABILITY OF THIS TITLE.
IN ADDITION TO THE PROVISIONS OF SECTIONS 71-0101, 71-0301 AND TITLE 5
OF THIS ARTICLE THE PROVISIONS OF THIS TITLE SHALL BE APPLICABLE TO THE
ENFORCEMENT OF ARTICLE 18 OF THIS CHAPTER.
§ 71-4502. CIVIL SANCTION.
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 18 OF THIS CHAPTER, OR ANY RULE OR REGULATION PROMULGATED PURSUANT
THERETO, 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
S. 583 4
THE CASE OF A SECOND AND ANY CONTINUING OR FURTHER VIOLATION, THE
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 OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY ARTICLE 18 OF THIS CHAPTER, OR ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, SHALL BE LIABLE IN THE CASE OF
A FIRST VIOLATION, FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS FOR EACH SUCH VIOLATION. IN THE CASE OF A SECOND AND ANY CONTIN-
UING OR FURTHER VIOLATION, THE LIABILITY SHALL BE FOR A CIVIL PENALTY
NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION.
§ 71-4503. ENFORCEMENT OF ARTICLE 18 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 18 OF THIS CHAPTER.
§ 4. This act shall take effect January 1, 2026. 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.