NY State Senate Bill 2009-S858

Senate Bill S858

2009-2010 Legislative Session

Enacts the healthy, safe and energy efficient outdoor lighting act to reduce harmful outdoor lighting

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Jan 06, 2010	referred to environmental conservation
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2009-S858 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 20 §§20-0101 - 20-0115, En Con L; amd §44, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4105
2013-2014: S4224

2009-S858 (ACTIVE) - Summary

Enacts the healthy, safe and energy efficient outdoor lighting act to reduce harmful outdoor lighting; sets standards for outdoor lighting; provides for the designation of dark-sky preserves; defines light trespass

2009-S858 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S858

 TITLE OF BILL :
An act to amend the environmental conservation law and the public
service law, in relation to enacting the healthy, safe and energy
efficient outdoor lighting act


 PURPOSE :
This bill provides for the management of outdoor night lighting to
protect the nighttime environment, enhance safety and security, and
conserve energy.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 adds a new Article 20 to the environmental conservation law,
the Healthy, Safe and Energy Efficient Outdoor Lighting Act.  Article
20 includes sections 20-0101 setting out legislative findings, section
20-0103 stating a short title, section 20-0105 defining terms, section
20-0107 on permanent outdoor lighting, section 20-0109 on dark-sky
preserves, section 20-0113 requiring the Department of Environmental
Conservation (DEC), in consultation with the New York Energy Research
and Development Authority (NYSERDA) to develop and distribute a model
comprehensive outdoor lighting ordinance, and section 200115 requiring
DEC, in consultation with NYSERDA to develop and distribute a pamphlet
promoting the bill's goals of energy conservation and more effective
night lighting and describing how the provisions of this bill will

achieve them and section 20-0117 on applicability. Section 2 directs
the Public Service Commission to require that every electric
corporation or municipality providing electric service include the
educational pamphlets in its bills to customers.

 JUSTIFICATION :
This bill is intended to limit excessive outdoor illumination.
Excessive 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. If, however, it is not well designed it can be costly,
inefficient, counterproductive, and harmful to the nighttime
environment. 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
public corporations operating in the state 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 be installed by state agencies and public corporations.

* It allows the chief executive officer of any state agency or public
corporation to exempt the state agency or 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 detracts 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, 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 department in consultation with NYSERDA report
to the legislature on technological advances that affect the
provisions of this article and recommend amendments to this article
which would increase its effectiveness in achieving the bill's stated
purposes.

* It empowers the DEC commissioner to identify and nominate areas for
"dark sky preserves" of the state.

* It exempts state agencies, public corporations and electric corpo-
rations providing roadway lighting under contract to a public corpo-
ration from light trespass restrictions.

* It exempts lighting done for security purposes pursuant to
regulations of the Public Service Commission, ATM lighting done to
comply with the minimum standards of section 75-c of the banking law
and historic theater lighting.

* It exempts lighting that is furthering an activity found to be a
sound agricultural practice under the Right to Farm Law.

* It requires the commissioner of DEC in consultation with NYSERDA,
the Department of Agriculture and Markets and the Public Service
Commission, to promulgate rules and regulations on light trespass.

* It requires the commissioner to prepare and distribute a model
outdoor lighting ordinance to cities, towns, and villages throughout
the state.



* It requires the commissioner, in consultation with NYSERDA, to
develop and widely disseminate a pamphlet describing the purposes and
provisions of this act.

 PRIOR LEGISLATIVE HISTORY :
2008: A.4364-A Cal. 1152 2007: A.7438 Passed Assembly 2005-06:  A.7404
Passed Assembly 2004: A.6950-D Passed Assembly 2003: A.6950-C Passed
Assembly 2002: A.9757-B Rules 2001: A.5352-B Passed Assembly and
Senate Vetoed by the Governor 2000: A.6357-A Passed Assembly 1999:
A.6357-A En Con

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2009-S858 (ACTIVE) - Bill Text download pdf

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

                                   858

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend  the  environmental  conservation  law  and  the  public
  service  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. PERMANENT OUTDOOR LUMINAIRE.
        20-0109. DARK-SKY PRESERVES.
        20-0111. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
        20-0113. INFORMATIONAL PAMPHLET.
        20-0115. APPLICABILITY.
S 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.
                                                           LBD06453-01-9

S. 858                              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-EFFICIENT MEANS AND  PRACTICES
EXIST  THROUGH  APPROPRIATE  USE OF LUMINAIRES 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.
S 20-0103. SHORT TITLE.
  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTHY, SAFE AND
ENERGY EFFICIENT OUTDOOR LIGHTING ACT".
S 20-0105. DEFINITIONS.
  AS USED IN THIS ARTICLE:
  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.
  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.

S. 858                              3

  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.
S 20-0107. PERMANENT OUTDOOR LUMINAIRE.
  1. NO STATE AGENCY OR 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 1800 LUMENS SHALL BE FULLY SHIELDED, EXCEPT THAT A HISTOR-
IC-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 INFORMATIONAL 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 INCLUD-
ING  UTILITY  PERSONNEL  NEED  LIGHT  FOR  TEMPORARY 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 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

S. 858                              4

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. WHERE  THIS
EXEMPTION IS FOR A STATE AGENCY OR STATE PUBLIC CORPORATION, THE WRITTEN
DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
OR  CORPORATION  OR  HIS OR HER DESIGNEE.   WHERE THE EXEMPTION IS FOR A
COUNTY, CITY, TOWN, OR VILLAGE, OR A  PUBLIC  CORPORATION  THEREIN,  THE
WRITTEN DETERMINATION SHALL BE MADE BY THE APPROPRIATE COUNTY EXECUTIVE,
MAYOR, SUPERVISOR, OR CHIEF EXECUTIVE OFFICER OR HIS OR HER DESIGNEE.
  4.  THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTA-
TION AND THE OFFICE OF GENERAL SERVICES 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,  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 WHICH 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).  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 AND DEVELOPMENT OF  NEW
TECHNOLOGIES IN THE OUTDOOR LIGHTING FIELD, THE DEPARTMENT, IN CONSULTA-
TION  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 20-0109. 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
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.
S 20-0111. 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

S. 858                              5

PURPOSE OF SAVING ENERGY, REDUCING UNNECESSARY GLARE AND REDUCING UNNEC-
ESSARY SKY GLOW.
S 20-0113. 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.
S 20-0115. APPLICABILITY.
  1. 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.  NO  PROVISION  OF THIS ARTICLE SHALL BE CONSTRUED AS TO PERMIT THE
PRACTICE OF ARCHITECTURE AS SUCH PRACTICE IS DEFINED IN  SECTION  SEVEN-
TY-THREE  HUNDRED ONE OF THE EDUCATION LAW, OR THE PRACTICE OF ENGINEER-
ING AS SUCH PRACTICE IS DEFINED IN SECTION SEVENTY-TWO  HUNDRED  ONE  OF
THE EDUCATION LAW.
  S  2.  Section 44 of the public service law is amended by adding a new
subdivision 5 to read as follows:
  5. 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.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, 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 on and after the
date on which this act shall have become a law every  state  agency  and
public  corporation shall comply with the requirements of paragraphs (a)
through (e) of subdivision 1 of section  20-0107  of  the  environmental
conservation  law  as  added  by  section  one of this act, but 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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Senate Bill S858

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Sponsored By

Carl L. Marcellino