NY State Senate Bill 2021-S7663

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to environmental conservation

co-Sponsors

2021-S7663 (ACTIVE) - Details

See Assembly Version of this Bill:: A8644
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 18 Title 1 §§18-0101 - 18-0103, Title 2 §§18-0201 - 18-0203, Title 3 §18-0301, Title 4 §18-0401, Title 5 §18-0501, Art 71 Title 45 §§71-4501 - 71-4503, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S583, A5632

2021-S7663 (ACTIVE) - Summary

Regulates outdoor night lighting to preserve and enhance the state's dark sky.

2021-S7663 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7663

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
enacting the dark skies protection act

 
SUMMARY OF PROVISIONS::

Section 1 of the bill titles the bill the "Dark Skies Act."

Section 2 of the bill adds a new article 18 to the environmental conser-
vation law, which provides for the control of light pollution in New
York State and establishes limits on the use of outdoor lighting.

Section 18-0101 of Article 18 provides for the short title, the Dark
Skies Protection Act.

Section 18-0102 of Article 18 declares that the purpose of the act.

Section 18-0103 of Article 18 provides the general definitions.

Section 18-0201 of Article 18 requires the shielding of outdoor light
fixtures installed at residential, commercial, industrial, and municipal
buildings and structures.

Section 18-0202 of Article 18 provides an exemption for nonconforming
light fixtures, provided they are extinguished between the hours of
11:00 p.m. and 5:00am, or are motion-activated lights.

Section 18-0203 of Article 18 provides certain exemptions for outdoor
recreational facilities.

Section 18-0401 of Article 18 provides exemptions for essential outdoor
lighting, including lighting fixtures on advertisement signs on inter-
states and federal highways; navigational lighting systems at airports
and lighting necessary for aircraft safety; outdoor lighting fixtures
that are necessary for worker safety; emergency lighting that is used by
police, firefighters, correctional personnel, or medical personnel;
outdoor lighting regulated pursuant to a federal law, rule or regu-
lation; lighting intended for tunnels and roadway underpasses; certain
outdoor lighting used by municipalities; certain streetlight fixtures;
and incandescent fixtures of one hundred fifty watts or less and other
sources of less than seventy watts, including seasonal and decorative
lighting.

Section § 18-0501 of Article 18 concerns local preemption and estab-
lishes that the act shall not apply within a municipality that has
adopted equal or more restrictive provisions regarding light pollution.

Section § 18-0601 of Article 18 establishes that the Department of Envi-
ronmental Conservation shall develop educational materials to encourage
the reduction of light pollution and provide information regarding
complying with the requirements of this article.

Section 3 of the bill creates a new Title 45 within article 71 of the
environmental conservation law and provides for the enforcement of arti-
cle 18 of the ECL.
Section 4 of the bill states the effective date.

 
JUSTIFICATION::

Light pollution, or the excessive or poor use of artificial light at
night, is one of the most pervasive forms of environmental alteration
caused by humans. Light pollution has many negative impacts, including
the disruption of the natural patterns of wildlife, wasted energy and
increased output of carbon dioxide and greenhouse gases, interruption of
human sleep and other adverse health impacts, and the loss of the
aesthetic qualities and cultural significance of the night sky.

Our ancestors were able to experience a night sky full of stars, but now
80% of Americans can no longer see the Milky Way and experience its
profound beauty. Along the northeastern coast, the Milky Way is no long-
er visible from Boston to New York City to Washington DC.

Exposure to excess artificial light can disrupt the body's natural
circadian rhythms - causing changes to brain wave patterns, hormone
production, cell regulation, and other biologic activities. In 2016, the
New York City Department of Health and Mental Hygiene conducted the NYC
Ambient Noise/Light and Sleep Survey and found that almost one in seven
New York City residents have their sleep disturbed by light at least
three days per week.

Light pollution also impacts our natural environment. According to the
National Audubon Society, 70 percent of bird species migrate each year.
And of those birds, 80 percent migrate at night, using the night sky to
help them navigate to and from their breeding grounds.  However, as they
pass over big cities on their way, they can become disoriented by bright
artificial lights, often causing them to collide with buildings or
windows. And while some are casualties of nighttime collisions, others
can circle in confusion until dawn when they land - potentially without
access to food or water - and are subject to urban threats.

A night sky without artificial light is also critical for other wild-
life. Excessive light can confuse and harm wildlife that relies on a
natural day and night cycles for reproduction, nourishment, sleep, and
protection from predators. Nocturnal animals, amphibians that breed at
night, and insects attracted to artificial light are all significantly
impacted by artificial lighting.

Light pollution also contributes to climate change by wasting electric-
ity produced by fossil fuels. The International Dark Sky Association
estimates that at least thirty percent of all outdoor lighting in the
United States alone is wasted - primarily by lights that aren't shield-
ed. That wasted light adds up to $3.3 billion in lost electricity costs
and the release of twenty-one million tons of carbon dioxide per year.

New York State enacted Lights Out legislation in 2014, which successful-
ly reduced excess light from state-owned buildings. It's time for us to
build on that success that by reducing excess light throughout the
state.

 
LEGISLATIVE HISTORY::

This is a new bill.

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

This act shall take effect on January 1, 2025. Effective immediately,
the commissioner of the department of environmental conservation may
make regulations and take other actions reasonably necessary to imple-
ment this act on that date.

2021-S7663 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7663
 
                             I N  S E N A T E
 
                              January 5, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13776-01-1

 S. 7663                             2
 
   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-FIVE, 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;
   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;
 S. 7663                             3
 
   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
 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.
 S. 7663                             4
 
   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, 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.

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Senate Bill S7663

Sponsored By

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

co-Sponsors

2021-S7663 (ACTIVE) - Details

2021-S7663 (ACTIVE) - Summary

2021-S7663 (ACTIVE) - Sponsor Memo

2021-S7663 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7663

Share this bill

Sponsored By

Brad Hoylman-Sigal

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

co-Sponsors

Liz Krueger

Zellnor Myrie

Anthony H. Palumbo

2021-S7663 (ACTIVE) - Details

2021-S7663 (ACTIVE) - Summary

2021-S7663 (ACTIVE) - Sponsor Memo

2021-S7663 (ACTIVE) - Bill Text download pdf

Comments