This bill has been amended

Bill S5275A-2013

Restricts the luminous power of lighting fixtures installed or maintained by the state

Restricts the luminous power of lighting fixtures installed or maintained by the state.

Details

Actions

  • May 28, 2014: ADVANCED TO THIRD READING
  • May 21, 2014: 2ND REPORT CAL.
  • May 20, 2014: 1ST REPORT CAL.847
  • Mar 18, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 20, 2013: referred to ways and means
  • Jun 20, 2013: DELIVERED TO ASSEMBLY
  • Jun 20, 2013: PASSED SENATE
  • Jun 20, 2013: ORDERED TO THIRD READING CAL.1499
  • Jun 20, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 17, 2013: PRINT NUMBER 5275A
  • Jun 17, 2013: AMEND AND RECOMMIT TO FINANCE
  • May 30, 2013: REPORTED AND COMMITTED TO FINANCE
  • May 15, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Mar 18, 2014
Ayes (8): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Hoylman, Diaz, Squadron
Nays (1): Zeldin

Memo

BILL NUMBER:S5275A

TITLE OF BILL: An act to amend the public buildings law, in relation to restricting the luminous power of lighting fixtures installed or maintained by the state

PURPOSE: Limits the brightness of lights installed or maintained by New York State.

SUMMARY OF PROVISIONS:

Section 1: Amends the public building laws defining direct lighting, facade lighting, fully shielded fixture, fixture lumens, glare, illuminance, light trespass, lumen, fixture, ornamental roadway lighting parking-lot lighting, permanent outdoor fixture, roadway lighting and sky glow.

Section 2: Prohibits state funds to be used to install new permanent outdoor fixtures, or to pay for the cost of operating such fixtures unless requirements are met such

(a) As the fixture is fully shielded for those mounted to poles, buildings or other structures.

(b) Fully shielded fixtures for those building mounted that are not specifically intended for roadway lighting, parking-lot lighting, or facade lighting

(c) Facade lighting the fixture is shielded to reduce glare, sky glow, and light trespass to the greatest extent possible.

(d) Ornamental roadway lighting fixtures cannot allow more than 700 lumens from the fixture above a horizontal plane through the fixture's lowest light emitting part

(e) For new illuminated permanent outdoor fixtures applications, only the illuminance levels required may be used

(f) In cases involving roadway lighting unassociated with intersections of 2 or more streets or highways, the Department of Transportation has determined the purpose of lighting installation or replacement cannot be achieved by installing reflectorized roadway markers, line, warnings or informational signs or other passive means.

Section 3: waives the application of this law if:

(a) Federal law preempts State law

(b) the fixture is temporarily used by emergency personnel or repair personnel for road repair

(c) navigational lighting systems necessary for aviation and nautical safety

(d) athletic playing lighting

(e) safety or security needs exist that cannot be addressed by any other method

(f) replacement of previously installed permanent outdoor fixtures that are destroyed, damaged or inoperative, have experienced electrical failure due to failed components or required standard maintenance

(g) lighting is intended for tunnels and roadway underpasses

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.

LEGISLATIVE HISTORY: New Bill. FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: This act shall take effect one year after it shall have become a law; provided that effective immediately, in addition,

amendment and/or repeal of any rule or regulation or development of any standards necessary for the implementation of this act on its effective date is authorizes to be made and completed on or before such effective date, This act shall not apply to projects for the installation or replacement of permanent outdoor fixtures which have already received final design approval prior to the effective date or this act.


Text

STATE OF NEW YORK ________________________________________________________________________ 5275--A 2013-2014 Regular Sessions IN SENATE May 15, 2013 ___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the public buildings law, in relation to restricting the luminous power of lighting fixtures installed or maintained by the state 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 section 143 to read as follows: S 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 SPECIF- ICALLY 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 SPECIF- ICALLY 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. 2. NO STATE AGENCY OR PUBLIC CORPORATION 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 HORI- ZONTAL 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 THE ILLU- MINANCE LEVELS REQUIRED FOR THE INTENDED PURPOSE MAY BE USED, AS ESTAB- LISHED BY THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES IN CONSUL- TATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AND GIVING DUE CONSIDERATION TO THE RECOMMENDATIONS OF THE ILLUMINATING ENGINEERING SOCIETY IN ITS MOST RECENTLY PUBLISHED RECOM- MENDED PRACTICES OR LIGHTING HANDBOOK. WHERE LOCAL CITY OR COUNTY LAWS, ORDINANCES OR REGULATIONS SPECIFY A DIFFERENT REQUIREMENT, ONLY THE ILLUMINANCE LEVELS REQUIRED FOR THE INTENDED PURPOSE BY THESE LAWS, ORDINANCES OR REGULATIONS ARE TO BE USED. 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 A COMPELLING AND BONA FIDE 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 ELEC- TRICAL FAILURE DUE TO FAILED COMPONENTS, OR REQUIRES STANDARD MAINTE- NANCE; G. TO LIGHTING INTENDED FOR TUNNELS AND ROADWAY UNDERPASSES; OR H. IF THE COMBINED COST OF ACQUIRING AND OPERATING A FIXTURE COMPLY- ING WITH PARAGRAPHS A, B AND C OF THIS SUBDIVISION IS MORE THAN FIFTEEN PERCENT GREATER THEN 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. THE WRITTEN DETERMI- NATION SHALL BE MADE BY THE CHIEF EXECUTIVE OF THE AGENCY PLANNING THE LIGHTING OR HIS HIS OR HER DESIGNEE. S 2. The office of general services, in consultation with the depart- ment of transportation, and giving consideration to the recommended practices adopted by the Illuminating Engineering Society of North Amer- ica, shall establish rules to implement the provisions of this act, including a system to ensure that the use of state funds for street lighting complies with the requirements set forth in this act and shall provide for the wide dissemination of this information. S 3. Report. The office of general services shall, on or before June 1, 2017, submit a report to the governor and the legislature on the implementation of the provisions of this act, including any cost savings to the state or costs to the state. S 4. Applicability. No provision of this act shall be construed as to permit the practice of architecture as such practice is defined in section 7301 of the education law, or the practice of engineering as such practice is defined in section 7201 of the education law. S 5. This act shall take effect one 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 fixtures which have received final design approval prior to the effective date of this act.

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