S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4615
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by M. of A. GLICK -- 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
 CARBON  FOOTPRINT,  AND  PRESERVING THE AESTHETIC QUALITIES OF THE NIGHT
 SKY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03222-02-5
              

 A. 4615                             2

 § 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-EIGHT, 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, ADOPT REGULATIONS TO  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,  AMPHITHEATER,  ARENA,  OR  SIMILAR
 FACILITY  WHETHER  PUBLIC  OR  PRIVATE, SHALL BE ILLUMINATED BETWEEN THE
 HOURS OF ELEVEN P.M. AND FIVE A.M. EXCEPT FOR A RECREATIONAL OR SPORTING
 EVENT OR OTHER ACTIVITY THAT IS IN PROGRESS PRIOR TO ELEVEN P.M.  AT  AN
 OUTDOOR RECREATIONAL FACILITY, 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;
 A. 4615                             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.
   11.  LIGHTING  FIXTURES  LOCATED  IN  THE  GEOGRAPHICALLY LIMITED AREA
 DEFINED BY SECTION 81-70 OF ARTICLE VIII OF THE  NEW  YORK  CITY  ZONING
 RESOLUTION, PROVIDED THAT THE DEPARTMENT MAY:
   (A)  REQUIRE  CONDITIONS FOR SUCH EXEMPTION IF STRATEGIES OR TECHNOLO-
 GIES TO CONTROL EXCESS LIGHT ARE REASONABLY AVAILABLE; AND
   (B) EXEMPT ALL LIGHTING FIXTURES WITHIN  SUCH  GEOGRAPHICALLY  LIMITED
 AREA  UPON  APPLICATION OF AN ENTITY REPRESENTING PROPERTY OWNERS, RESI-
 DENTS OR BUSINESSES.
   12. LIGHTING FIXTURES THAT ARE CULTURALLY OR HISTORICALLY SIGNIFICANT,
 AS DETERMINED BY THE DEPARTMENT, PROVIDED THAT:
   (A) SUCH EXEMPTION SHALL BE GRANTED UPON APPLICATION FROM  A  PROPERTY
 OWNER,  OR  AN  ENTITY  REPRESENTING PROPERTY OWNERS, RESIDENTS OR BUSI-
 NESSES WITHIN A GEOGRAPHICALLY LIMITED AREA; AND
   (B) THE DEPARTMENT MAY REQUIRE CONDITIONS FOR AN EXEMPTION UNDER  THIS
 SUBDIVISION  TO  ENSURE  THAT  THE  EXEMPTION DOES NOT RESULT IN GREATER
 LIGHT POLLUTION THAN OCCURRED ON THE EFFECTIVE DATE OF THIS ARTICLE.
                                  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 LOCAL LAW, ORDINANCE OR
 RESOLUTION,  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 ON
 ITS WEBSITE.
   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 ON ITS
 WEBSITE.
   § 3. This act shall take effect January 1, 2028. 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.