S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5632
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY, STECK, SEAWRIGHT, SIMON, BURDICK, THIELE,
   JACOBSON, GLICK, PAULIN -- 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.  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
 A. 5632                             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;
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   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
 A. 5632                             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.