S4191A-2011 - NY Senate Open Legislation - Relates to outdoor lighting installed by state agencies and public corporations

Relates to outdoor lighting installed by state agencies and public corporations.

Sponsor: MARCELLINO / Co-sponsor(s): DUANE, PARKER / Committee: RULES
Law Section: Public Buildings Law / Law: Add Art 4-D SS90 - 93, Pub Bldg L

S4191A-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
May 14, 2012: ADVANCED TO THIRD READING
May 14, 2012: AMENDED 4191A
May 9, 2012: 2ND REPORT CAL.
May 8, 2012: 1ST REPORT CAL.727
Apr 18, 2012: REPORTED AND COMMITTED TO FINANCE
Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
Jun 24, 2011: COMMITTED TO RULES
May 2, 2011: ADVANCED TO THIRD READING
Apr 13, 2011: 2ND REPORT CAL.
Apr 12, 2011: 1ST REPORT CAL.364
Mar 23, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4191A-2011 Calendars

S4191A-2011 Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Apr 12, 2011

Ayes (4): Marcellino, Alesi, Golden, Nozzolio
Ayes W/R (2): Zeldin, Peralta
Excused (2): Squadron, Diaz

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Apr 18, 2012

Ayes (6): Marcellino, Alesi, Golden, Nozzolio, Squadron, Diaz
Ayes W/R (2): Zeldin, Peralta

VOTE: COMMITTEE VOTE: - Finance - May 8, 2012

Ayes (32): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Seward, Young, Krueger, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Oppenheimer, Parker, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (3): Griffo, Saland, Peralta

S4191A-2011 Memo

BILL NUMBER:S4191A      REVISED 05/18/12

TITLE OF BILL:
An act
to amend the public buildings law, in relation to outdoor lighting
installed by state agencies and public corporations

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

SUMMARY OF PROVISIONS:
Section 1 adds a new Article 4-D to the public
buildings law, requiring state agencies and state authorities to
utilize fully shielded outdoor lighting when feasible. The bill
requires the Secretary of State to develop a pamphlet containing
information on the provisions of this bill, together with information
regarding the adverse effects of light pollution and methods of
controlling it.

JUSTIFICATION:
This bill is intended to limit misdirected and
excessive outdoor illumination. Such 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. However, if it is not well designed
it can be costly, inefficient, counterproductive, and harmful to the
nighttime environment, interfering with normal patterns of activity,
behavior and physiology of flora and fauna. Recent research has
indicated that exposure to light at night can upset normal human
circadian rhythms, thereby disrupting hormone secretions and
weakening the body's immune system.

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
state public corporations 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 would be installed by state agencies and state public
corporations.

* It allows the chief executive officer of any state agency or state
public corporation to exempt the state agency or state 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, under bridge, 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 would detract 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 of the Office of General Services, 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 Office of General Services in consultation
with NYSERDA report to the legislature on technological advances that

affect the provisions of this article and permits them to recommend
amendments to this article that would increase its effectiveness in
achieving the bill's stated purposes.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect one year after it shall
have become law, and shall not apply to installation and replacement
projects that have already received final design approval prior to
the effective date.

S4191A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4191--A
 Cal. No. 727
 2011-2012 Regular Sessions
 I N  SENATE
 March 23, 2011
 
 Introduced by Sens. MARCELLINO, DUANE -- read twice and ordered printed,
 and  when  printed  to be committed to the Committee on Investigations
 and Government Operations -- recommitted to the Committee on  Investi
 gations  and  Government  Operations in accordance with Senate Rule 6,
 sec. 8 -- reported favorably from said committee and committed to  the
 Committee  on  Finance  --  reported  favorably  from  said committee,
 ordered to first and second report, amended on second report,  ordered
 to  a  third  reading,  and  to be reprinted as amended, retaining its
 place in the order of third reading
 

AN ACT to amend the public buildings law, in relation to outdoor  light
 ing installed by state agencies and public corporations
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The public buildings law is amended by adding a new article
 4-D to read as follows:

 ARTICLE 4-D
 OUTDOOR LIGHTING
 SECTION 90. DEFINITIONS.
 91. PERMANENT OUTDOOR LUMINAIRE.
 92. INFORMATIONAL PAMPHLET.
 93. APPLICABILITY.
 

S 90. DEFINITIONS. AS USED IN THIS SECTION:

 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10428-04-2
        S. 4191--A                          2
 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.
 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.
 11.  "STATE  PUBLIC CORPORATION" MEANS A PUBLIC BENEFIT CORPORATION TO
 WHICH THE GOVERNOR APPOINTS A MAJORITY OF THE MEMBERS.
 

S 91. PERMANENT OUTDOOR LUMINAIRE. 1. NO STATE AGENCY OR STATE  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 EIGHTEEN HUNDRED LUMENS SHALL  BE  FULLY  SHIELDED,  EXCEPT
 THAT A HISTORIC-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 INFORMATION 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,
 INCLUDING, BUT NOT LIMITED TO, UTILITY PERSONNEL, NEED LIGHT FOR  TEMPO
 RARY EMERGENCIES OR ROAD REPAIR WORK.
        S. 4191--A                          3
 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
 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. THE WRITTEN
 DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
 OR CORPORATION OR HIS OR HER DESIGNEE.
 4. THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE DEPARTMENT
 OF TRANSPORTATION, 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 OF THE OFFICE OF GENERAL SERVICES, 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  THAT  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). IN PREPARING SUCH STAN
 DARDS, DUE CONSIDERATION SHALL BE GIVEN TO THE ADVERSE ENVIRONMENTAL AND
 HEALTH  IMPACTS  OF  "WHITE"  LIGHT  SOURCES  WITH HIGH CORRELATED COLOR
 TEMPERATURE.   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 THE DEVELOPMENT OF  NEW
 TECHNOLOGIES  IN  THE  OUTDOOR  LIGHTING  FIELD,  THE  OFFICE OF GENERAL
 SERVICES, IN CONSULTATION 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 92. INFORMATIONAL PAMPHLET.  THE SECRETARY OF STATE, IN CONSULTATION
 WITH  THE  NEW  YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND
 GIVING CONSIDERATION TO THE RECOMMENDED PRACTICES ADOPTED BY THE ILLUMI
 NATING ENGINEERING SOCIETY OF NORTH AMERICA, SHALL DEVELOP AND  POST  ON
 THE  DEPARTMENT'S  AND  THE AUTHORITY'S WEBSITES A DOWNLOADABLE PAMPHLET
 CONTAINING INFORMATION REGARDING THE PROVISIONS  OF  THIS  ARTICLE  WITH
        S. 4191--A                          4
 RESPECT  TO  OUTDOOR  LIGHTING,  TOGETHER WITH INFORMATION REGARDING THE
 ADVERSE EFFECTS OF LIGHT POLLUTION AND METHODS OF CONTROLLING IT.
 

S  93. APPLICABILITY.  NO PROVISION OF THIS ARTICLE SHALL BE CONSTRUED
 AS TO PERMIT THE PRACTICE OF ARCHITECTURE AS SUCH PRACTICE IS DEFINED IN
 SECTION SEVENTY-THREE HUNDRED ONE OF THE EDUCATION LAW, OR THE  PRACTICE
 OF  ENGINEERING  AS  SUCH  PRACTICE  IS  DEFINED  IN SECTION SEVENTY-TWO
 HUNDRED ONE OF THE EDUCATION LAW.
 

S 2. This act shall take effect 1 year after it shall  have  become  a
 law; provided that effective immediately, the addition, amendment and/or
 repeal  of any rule or regulation or development of any standards neces
 sary for the implementation of this act on its effective date is author
 ized to be made and completed on or  before  such  effective  date;  and
 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.

S4191A-2011: Relates to outdoor lighting installed by state agencies and public corporations

S4191A-2011 Actions

S4191A-2011 Calendars

S4191A-2011 Votes

S4191A-2011 Memo

S4191A-2011 Text

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