Legislation
SECTION 143
Lighting restrictions
Public Buildings (PBB) CHAPTER 44, ARTICLE 5
§ 143. Lighting restrictions. 1. Definitions. As used in this section:
a. "Direct light" means light emitted by a fixture from the lamp, from
a reflector, or through a refractor.
b. "Facade lighting" means permanent outdoor fixtures that are
specifically intended to illuminate the exterior surfaces of buildings
or structures.
c. "Fully shielded fixture" means a fixture that allows no direct
light from the fixture above a horizontal plane through the fixture's
lowest light-emitting part, in its mounted position.
d. "Fixture lumens" means total lumens emitted by a fixture.
e. "Glare" means light emitted by a fixture that causes discomfort or
reduced visibility.
f. "Illuminance" means the luminous power incident per unit area of a
surface.
g. "Lamp" means a light bulb or other component of a fixture that
changes electricity into visible light.
h. "Light trespass" means light that falls beyond the property it is
intended to illuminate.
i. "Lumen" means a standard unit of measurement of the quantity of
light emitted from a lamp.
j. "Fixture" means a complete lighting unit, including a lamp together
with the parts designed to distribute the light, to position and protect
the lamp and to connect the lamp to the power supply.
k. "Ornamental roadway lighting" means a roadway lighting fixture that
serves a decorative function in addition to a roadway lighting function,
having an historical period appearance or decorative appearance.
l. "Parking-lot lighting" means permanent outdoor fixtures
specifically intended to illuminate uncovered vehicle parking areas.
m. "Permanent outdoor fixture" means a fixture for use in an exterior
environment installed with mounting not intended for relocation.
n. "Roadway lighting" means permanent outdoor fixtures specifically
intended to illuminate public roadways.
o. "Sky glow" means a condition caused by light directed upwards or
sideways reducing one's ability to view the night sky.
p. "State agency" means any state department, office, board,
commission, agency, or a public authority or public benefit corporation
at least one of whose members is appointed by the governor.
2. No state agency operating in the state shall install or cause to be
installed any new or replacement permanent outdoor fixture unless the
following conditions are met:
a. In the case of roadway lighting or parking-lot lighting; whether
mounted to poles, buildings or other structures, the fixture is fully
shielded.
b. In the case of building-mounted fixtures not specifically intended
for roadway lighting, parking-lot lighting, or facade lighting, the
fixture is fully shielded when its initial fixture lumens is greater
than three thousand lumens.
c. In the case of facade lighting, the fixture is shielded to reduce
glare, sky glow, and light trespass to the greatest extent possible.
d. In the case of ornamental roadway lighting fixtures, the fixture
allows no more than seven hundred lumens from the fixture above a
horizontal plane through the fixture's lowest light emitting part.
e. For illumination by new permanent outdoor fixtures for applications
described in paragraph a, b, c or d of this subdivision, only
illuminance levels that are no greater than those required for the
intended purpose may be used, as established by the commissioner of the
office of general services in consultation with the department of
transportation and the New York State Energy Research and Development
Authority, and given due consideration to lighting industry standards
and practices.
f. In the case of roadway lighting unassociated with intersections of
two or more streets or highways, the department of transportation has
determined that the purpose of the lighting installation or replacement
cannot be achieved by installation of reflectorized roadway markers,
lines, warnings or informational signs, or other passive means.
3. This section shall not apply:
a. if a federal law, rule or regulation preempts state law;
b. if the outdoor lighting fixture is used temporarily by emergency
personnel requiring additional illumination for emergency procedures or
temporarily used by repair personnel for road repair;
c. to navigational lighting systems and other lighting necessary for
aviation and nautical safety;
d. to lighting for athletic playing areas; provided, however, that all
such lighting shall be selected and installed to shield the lamp or
lamps from direct view and to minimize upward lighting and glare to the
greatest extent possible;
e. if the state agency determines a safety or security need exists
that cannot be addressed by any other method;
f. to the replacement of a previously installed permanent outdoor
fixture that is destroyed, damaged or inoperative, has experienced
electrical failure due to failed components, or requires standard
maintenance;
g. to lighting intended for tunnels and roadway underpasses; or
h. if the combined cost of acquiring and operating a fixture complying
with paragraphs a, b and c of this subdivision is more than fifteen
percent greater than the cost of acquiring and operating comparable
non-compliant fixtures over the life of the lighting system and if a
written determination with findings has been made that no compliant
fixture exists that would meet the cost limitation.
4. The office of general services, in consultation with the department
of transportation and the New York state energy research and development
authority, and given due consideration to lighting industry standards
and practices, shall establish rules and regulations to implement the
provisions of this section.
a. "Direct light" means light emitted by a fixture from the lamp, from
a reflector, or through a refractor.
b. "Facade lighting" means permanent outdoor fixtures that are
specifically intended to illuminate the exterior surfaces of buildings
or structures.
c. "Fully shielded fixture" means a fixture that allows no direct
light from the fixture above a horizontal plane through the fixture's
lowest light-emitting part, in its mounted position.
d. "Fixture lumens" means total lumens emitted by a fixture.
e. "Glare" means light emitted by a fixture that causes discomfort or
reduced visibility.
f. "Illuminance" means the luminous power incident per unit area of a
surface.
g. "Lamp" means a light bulb or other component of a fixture that
changes electricity into visible light.
h. "Light trespass" means light that falls beyond the property it is
intended to illuminate.
i. "Lumen" means a standard unit of measurement of the quantity of
light emitted from a lamp.
j. "Fixture" means a complete lighting unit, including a lamp together
with the parts designed to distribute the light, to position and protect
the lamp and to connect the lamp to the power supply.
k. "Ornamental roadway lighting" means a roadway lighting fixture that
serves a decorative function in addition to a roadway lighting function,
having an historical period appearance or decorative appearance.
l. "Parking-lot lighting" means permanent outdoor fixtures
specifically intended to illuminate uncovered vehicle parking areas.
m. "Permanent outdoor fixture" means a fixture for use in an exterior
environment installed with mounting not intended for relocation.
n. "Roadway lighting" means permanent outdoor fixtures specifically
intended to illuminate public roadways.
o. "Sky glow" means a condition caused by light directed upwards or
sideways reducing one's ability to view the night sky.
p. "State agency" means any state department, office, board,
commission, agency, or a public authority or public benefit corporation
at least one of whose members is appointed by the governor.
2. No state agency operating in the state shall install or cause to be
installed any new or replacement permanent outdoor fixture unless the
following conditions are met:
a. In the case of roadway lighting or parking-lot lighting; whether
mounted to poles, buildings or other structures, the fixture is fully
shielded.
b. In the case of building-mounted fixtures not specifically intended
for roadway lighting, parking-lot lighting, or facade lighting, the
fixture is fully shielded when its initial fixture lumens is greater
than three thousand lumens.
c. In the case of facade lighting, the fixture is shielded to reduce
glare, sky glow, and light trespass to the greatest extent possible.
d. In the case of ornamental roadway lighting fixtures, the fixture
allows no more than seven hundred lumens from the fixture above a
horizontal plane through the fixture's lowest light emitting part.
e. For illumination by new permanent outdoor fixtures for applications
described in paragraph a, b, c or d of this subdivision, only
illuminance levels that are no greater than those required for the
intended purpose may be used, as established by the commissioner of the
office of general services in consultation with the department of
transportation and the New York State Energy Research and Development
Authority, and given due consideration to lighting industry standards
and practices.
f. In the case of roadway lighting unassociated with intersections of
two or more streets or highways, the department of transportation has
determined that the purpose of the lighting installation or replacement
cannot be achieved by installation of reflectorized roadway markers,
lines, warnings or informational signs, or other passive means.
3. This section shall not apply:
a. if a federal law, rule or regulation preempts state law;
b. if the outdoor lighting fixture is used temporarily by emergency
personnel requiring additional illumination for emergency procedures or
temporarily used by repair personnel for road repair;
c. to navigational lighting systems and other lighting necessary for
aviation and nautical safety;
d. to lighting for athletic playing areas; provided, however, that all
such lighting shall be selected and installed to shield the lamp or
lamps from direct view and to minimize upward lighting and glare to the
greatest extent possible;
e. if the state agency determines a safety or security need exists
that cannot be addressed by any other method;
f. to the replacement of a previously installed permanent outdoor
fixture that is destroyed, damaged or inoperative, has experienced
electrical failure due to failed components, or requires standard
maintenance;
g. to lighting intended for tunnels and roadway underpasses; or
h. if the combined cost of acquiring and operating a fixture complying
with paragraphs a, b and c of this subdivision is more than fifteen
percent greater than the cost of acquiring and operating comparable
non-compliant fixtures over the life of the lighting system and if a
written determination with findings has been made that no compliant
fixture exists that would meet the cost limitation.
4. The office of general services, in consultation with the department
of transportation and the New York state energy research and development
authority, and given due consideration to lighting industry standards
and practices, shall establish rules and regulations to implement the
provisions of this section.