This bill has been amended

Bill S4191-2011

Relates to outdoor lighting installed by state agencies and public corporations

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

Details

Actions

  • 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

Meetings

Calendars

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

Memo

BILL NUMBER:S4191               REVISED 06/14/11

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 expands the type of energy information compiled by NYSERDA to include energy efficient and environmentally sound outdoor lighting.

SUMMARY OF PROVISIONS: Section 1 adds language to subdivision 13 of section 1854 of the public authorities law expanding the type of energy information compiled by NYSERDA to include energy efficient and environmentally sound outdoor lighting.

JUSTIFICATION: Improperly designed outdoor lighting 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. The science of photobiology indicates that blue-rich light at night is more likely to alter circadian rhythm and photoperiod in the animal kingdom. The State should work to reduce lighting deleterious effects on humans, wildlife, and astronomical resources due to improper light design and lighting choices such as blue-rich light and short-wavelength emission.

This legislation empowers NYSERDA to include information in its listings of energy related products on the types of outdoor lighting best able to avoid these problems. Given NYSERDA's role as a repository and clearinghouse of energy efficiency products as well as its leadership of the High Efficiency Street Lighting Advisory Committee, they are the logical entity to compile such information.

LEGISLATIVE HISTORY: Passed Assembly - 2009-2010

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4191 2011-2012 Regular Sessions IN SENATE March 23, 2011 ___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations 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. 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. S 91. PERMANENT OUTDOOR LUMINAIRE. 1. NO STATE AGENCY OR PUBLIC CORPO- RATION 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. 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. WHERE THIS EXEMPTION IS FOR A STATE AGENCY OR STATE PUBLIC CORPORATION, THE WRITTEN DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY OR CORPORATION OR HIS OR HER DESIGNEE. WHERE THE EXEMPTION IS FOR A COUNTY, CITY, TOWN, OR VILLAGE, OR A PUBLIC CORPORATION THEREIN, THE WRITTEN DETERMINATION SHALL BE MADE BY THE APPROPRIATE COUNTY EXECUTIVE, MAYOR, SUPERVISOR, OR CHIEF EXECUTIVE OFFICER OR HIS OR HER DESIGNEE. 4. THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION, 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 WHICH 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). 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 COMMISSIONER OF THE OFFICE OF THE GENERAL SERVICES, IN CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND GIVING CONSIDERATION TO THE RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF NORTH AMERICA, SHALL DEVELOP AND DISTRIBUTE TO EVERY MUNICIPALITY AND EVERY ELECTRIC CORPORATION OR MUNICIPALITY PROVIDING OUTDOOR ELECTRIC LIGHTING IN THIS STATE A PAMPHLET CONTAINING INFORMATION REGARDING THE PROVISIONS OF THIS SECTION WITH RESPECT TO OUTDOOR LIGHTING. S 93. APPLICABILITY. 1. THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND SUPPLEMENTAL AND SHALL NOT APPLY WITHIN ANY COUNTY OR MUNICIPALITY THAT, BY ORDINANCE OR RESOLUTION, HAS ADOPTED PROVISIONS RESTRICTING
LIGHT POLLUTION THAT ARE AS, OR MORE, STRINGENT THAN THE PROVISIONS OF THIS ARTICLE. 2. NO PROVISION OF THIS ARTICLE SHALL BE CONSTRUED AS TO PERMIT THE PRACTICE OF ARCHITECTURE AS SUCH PRACTICE IS DEFINED IN SECTION SEVEN- TY-THREE HUNDRED ONE OF THE EDUCATION LAW, OR THE PRACTICE OF ENGINEER- ING 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.

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