A07489 Summary:

BILL NO    A07489B

SAME AS    SAME AS S05275-B

SPONSOR    Rosenthal

COSPNSR    Peoples-Stokes

MLTSPNSR   

Add S143, Pub Bldg L

Restricts the luminous power of lighting fixtures installed or maintained by
the state.
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A07489 Actions:

BILL NO    A07489B

05/22/2013 referred to governmental operations
06/13/2013 reported referred to ways and means
06/17/2013 amend and recommit to ways and means
06/17/2013 print number 7489a
01/08/2014 referred to governmental operations
05/30/2014 amend and recommit to governmental operations
05/30/2014 print number 7489b
06/03/2014 reported referred to ways and means
06/18/2014 reported referred to rules
06/18/2014 reported 
06/19/2014 rules report cal.444
06/19/2014 substituted by s5275b
           S05275  AMEND=B  MARCELLINO
           05/15/2013 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
           05/30/2013 REPORTED AND COMMITTED TO FINANCE
           06/17/2013 AMEND AND RECOMMIT TO FINANCE
           06/17/2013 PRINT NUMBER 5275A
           06/20/2013 COMMITTEE DISCHARGED AND COMMITTED TO RULES
           06/20/2013 ORDERED TO THIRD READING CAL.1499
           06/20/2013 PASSED SENATE
           06/20/2013 DELIVERED TO ASSEMBLY
           06/20/2013 referred to ways and means
           01/08/2014 died in assembly
           01/08/2014 returned to senate
           01/08/2014 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
           03/18/2014 REPORTED AND COMMITTED TO FINANCE
           05/20/2014 1ST REPORT CAL.847
           05/21/2014 2ND REPORT CAL.
           05/28/2014 ADVANCED TO THIRD READING 
           06/09/2014 AMENDED ON THIRD READING 5275B
           06/18/2014 PASSED SENATE
           06/18/2014 DELIVERED TO ASSEMBLY
           06/18/2014 referred to ways and means
           06/19/2014 substituted for a7489b
           06/19/2014 ordered to third reading rules cal.444
           06/19/2014 passed assembly
           06/19/2014 returned to senate
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A07489 Votes:

There are no votes for this bill in this legislative session.
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A07489 Memo:

BILL NUMBER:A7489B

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 Or General Idea Of Bill:  The purpose of this bill is to
create new standards for the use of luminous outdoor lighting in
fixtures installed or maintained by New York State in order to limit
the brightness of lights installed or maintained by the state.

Summary Of Specific Provisions:  This bill would create a new standard
in the public buildings law for the use of outdoor lighting by:

* prohibiting state funds to be used to install new permanent outdoor
fixtures, or to pay for the cost of operating such fixtures unless:

o the fixture is fully shielded for those mounted to poles, buildings
or other structures;

o fully shielded fixtures for those buildings mounted are not
specifically intended for roadway lighting, parking-lot lighting, or
facade lighting;

o facade lighting the fixture is shielded to reduce glare, sky glow,
and light trespass to the greatest extent possible;

o ornamental roadway lighting fixtures don't allow more than 700
lumens from the fixture above a horizontal plane through the fixture's
lowest light emitting part;

o only the illuminance levels required are used in new illuminated
permanent outdoor fixtures applications; and

o 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 in cases involving roadway lighting
unassociated with intersections of 2 or more streets or highways.

* waiving the application of this law if:

o federal law preempts State law;

o the fixture is temporarily used by emergency personnel or repair
personnel for road repair;

o navigational lighting systems necessary for aviation and nautical
safety;

o athletic playing lighting;

o safety or security needs exist that cannot be addressed by any other
method;


o 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; and

o lighting is intended for tunnels and roadway underpasses.

Justification:  2013: A.7489-A (Rosenthal) - Referred to Ways and
Means

Prior Legislative History:  This is a new bill.

Fiscal Implications For State And Local Governments:  Undetermined.

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.
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A07489 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        7489--B

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 22, 2013
                                      ___________

       Introduced  by  M.  of  A.  ROSENTHAL,  PEOPLES-STOKES  -- read once and
         referred to the Committee on Governmental Operations --  reported  and
         referred  to  the Committee on Ways and Means -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee  --  recommitted to the Committee on Governmental Operations
         in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee

       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:

    1    Section 1. The public buildings law is amended by adding a new section
    2  143 to read as follows:
    3    S 143. LIGHTING RESTRICTIONS. 1. DEFINITIONS. AS USED IN THIS SECTION:
    4    A. "DIRECT LIGHT" MEANS LIGHT EMITTED BY A FIXTURE FROM THE LAMP, FROM
    5  A REFLECTOR, OR THROUGH A REFRACTOR.
    6    B. "FACADE LIGHTING" MEANS PERMANENT OUTDOOR FIXTURES THAT ARE SPECIF-
    7  ICALLY INTENDED TO ILLUMINATE THE  EXTERIOR  SURFACES  OF  BUILDINGS  OR
    8  STRUCTURES.
    9    C.  "FULLY  SHIELDED  FIXTURE"  MEANS  A FIXTURE THAT ALLOWS NO DIRECT
   10  LIGHT FROM THE FIXTURE ABOVE A HORIZONTAL PLANE  THROUGH  THE  FIXTURE'S
   11  LOWEST LIGHT-EMITTING PART, IN ITS MOUNTED POSITION.
   12    D. "FIXTURE LUMENS" MEANS TOTAL LUMENS EMITTED BY A FIXTURE.
   13    E.  "GLARE" MEANS LIGHT EMITTED BY A FIXTURE THAT CAUSES DISCOMFORT OR
   14  REDUCED VISIBILITY.
   15    F. "ILLUMINANCE" MEANS THE LUMINOUS POWER INCIDENT PER UNIT AREA OF  A
   16  SURFACE.
   17    G.  "LAMP"  MEANS  A  LIGHT  BULB OR OTHER COMPONENT OF A FIXTURE THAT
   18  CHANGES ELECTRICITY INTO VISIBLE LIGHT.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10614-08-4
       A. 7489--B                          2

    1    H. "LIGHT TRESPASS" MEANS LIGHT THAT FALLS BEYOND THE PROPERTY  IT  IS
    2  INTENDED TO ILLUMINATE.
    3    I.  "LUMEN"  MEANS  A  STANDARD UNIT OF MEASUREMENT OF THE QUANTITY OF
    4  LIGHT EMITTED FROM A LAMP.
    5    J. "FIXTURE" MEANS A COMPLETE LIGHTING UNIT, INCLUDING A LAMP TOGETHER
    6  WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSITION AND PROTECT
    7  THE LAMP AND TO CONNECT THE LAMP TO THE POWER SUPPLY.
    8    K. "ORNAMENTAL ROADWAY LIGHTING" MEANS A ROADWAY LIGHTING FIXTURE THAT
    9  SERVES A DECORATIVE FUNCTION IN ADDITION TO A ROADWAY LIGHTING FUNCTION,
   10  HAVING AN HISTORICAL PERIOD APPEARANCE OR DECORATIVE APPEARANCE.
   11    L. "PARKING-LOT LIGHTING" MEANS  PERMANENT  OUTDOOR  FIXTURES  SPECIF-
   12  ICALLY INTENDED TO ILLUMINATE UNCOVERED VEHICLE PARKING AREAS.
   13    M.  "PERMANENT OUTDOOR FIXTURE" MEANS A FIXTURE FOR USE IN AN EXTERIOR
   14  ENVIRONMENT INSTALLED WITH MOUNTING NOT INTENDED FOR RELOCATION.
   15    N. "ROADWAY LIGHTING" MEANS PERMANENT  OUTDOOR  FIXTURES  SPECIFICALLY
   16  INTENDED TO ILLUMINATE PUBLIC ROADWAYS.
   17    O.  "SKY  GLOW"  MEANS A CONDITION CAUSED BY LIGHT DIRECTED UPWARDS OR
   18  SIDEWAYS REDUCING ONE'S ABILITY TO VIEW THE NIGHT SKY.
   19    P. "STATE AGENCY" MEANS ANY STATE DEPARTMENT, OFFICE,  BOARD,  COMMIS-
   20  SION,  AGENCY,  OR  A  PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION AT
   21  LEAST ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR.
   22    2. NO STATE AGENCY OPERATING IN THE STATE SHALL INSTALL OR CAUSE TO BE
   23  INSTALLED ANY NEW OR REPLACEMENT PERMANENT OUTDOOR  FIXTURE  UNLESS  THE
   24  FOLLOWING CONDITIONS ARE MET:
   25    A.  IN  THE  CASE OF ROADWAY LIGHTING OR PARKING-LOT LIGHTING; WHETHER
   26  MOUNTED TO POLES, BUILDINGS OR OTHER STRUCTURES, THE  FIXTURE  IS  FULLY
   27  SHIELDED.
   28    B.  IN THE CASE OF BUILDING-MOUNTED FIXTURES NOT SPECIFICALLY INTENDED
   29  FOR ROADWAY LIGHTING, PARKING-LOT  LIGHTING,  OR  FACADE  LIGHTING,  THE
   30  FIXTURE  IS  FULLY  SHIELDED  WHEN ITS INITIAL FIXTURE LUMENS IS GREATER
   31  THAN THREE THOUSAND LUMENS.
   32    C. IN THE CASE OF FACADE LIGHTING, THE FIXTURE IS SHIELDED  TO  REDUCE
   33  GLARE, SKY GLOW, AND LIGHT TRESPASS TO THE GREATEST EXTENT POSSIBLE.
   34    D.  IN  THE  CASE OF ORNAMENTAL ROADWAY LIGHTING FIXTURES, THE FIXTURE
   35  ALLOWS NO MORE THAN SEVEN HUNDRED LUMENS FROM THE FIXTURE ABOVE A  HORI-
   36  ZONTAL PLANE THROUGH THE FIXTURE'S LOWEST LIGHT EMITTING PART.
   37    E. FOR ILLUMINATION BY NEW PERMANENT OUTDOOR FIXTURES FOR APPLICATIONS
   38  DESCRIBED  IN  PARAGRAPH  A, B, C OR D OF THIS SUBDIVISION, ONLY ILLUMI-
   39  NANCE LEVELS THAT ARE NO GREATER THAN THOSE REQUIRED  FOR  THE  INTENDED
   40  PURPOSE MAY BE USED, AS ESTABLISHED BY THE COMMISSIONER OF THE OFFICE OF
   41  GENERAL  SERVICES  IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION
   42  AND THE NEW YORK STATE ENERGY RESEARCH AND  DEVELOPMENT  AUTHORITY,  AND
   43  GIVEN DUE CONSIDERATION TO LIGHTING INDUSTRY STANDARDS AND PRACTICES.
   44    F.  IN THE CASE OF ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS OF
   45  TWO OR MORE STREETS OR HIGHWAYS, THE DEPARTMENT  OF  TRANSPORTATION  HAS
   46  DETERMINED  THAT THE PURPOSE OF THE LIGHTING INSTALLATION OR REPLACEMENT
   47  CANNOT BE ACHIEVED BY INSTALLATION  OF  REFLECTORIZED  ROADWAY  MARKERS,
   48  LINES, WARNINGS OR INFORMATIONAL SIGNS, OR OTHER PASSIVE MEANS.
   49    3. THIS SECTION SHALL NOT APPLY:
   50    A. IF A FEDERAL LAW, RULE OR REGULATION PREEMPTS STATE LAW;
   51    B.  IF  THE  OUTDOOR LIGHTING FIXTURE IS USED TEMPORARILY BY EMERGENCY
   52  PERSONNEL REQUIRING ADDITIONAL ILLUMINATION FOR EMERGENCY PROCEDURES  OR
   53  TEMPORARILY USED BY REPAIR PERSONNEL FOR ROAD REPAIR;
   54    C.  TO  NAVIGATIONAL LIGHTING SYSTEMS AND OTHER LIGHTING NECESSARY FOR
   55  AVIATION AND NAUTICAL SAFETY;
       A. 7489--B                          3

    1    D. TO LIGHTING FOR ATHLETIC PLAYING AREAS; PROVIDED, HOWEVER, THAT ALL
    2  SUCH LIGHTING SHALL BE SELECTED AND INSTALLED  TO  SHIELD  THE  LAMP  OR
    3  LAMPS  FROM DIRECT VIEW AND TO MINIMIZE UPWARD LIGHTING AND GLARE TO THE
    4  GREATEST EXTENT POSSIBLE;
    5    E.  IF  THE  STATE  AGENCY DETERMINES A SAFETY OR SECURITY NEED EXISTS
    6  THAT CANNOT BE ADDRESSED BY ANY OTHER METHOD;
    7    F. TO THE REPLACEMENT OF  A  PREVIOUSLY  INSTALLED  PERMANENT  OUTDOOR
    8  FIXTURE THAT IS DESTROYED, DAMAGED OR INOPERATIVE, HAS EXPERIENCED ELEC-
    9  TRICAL  FAILURE  DUE  TO FAILED COMPONENTS, OR REQUIRES STANDARD MAINTE-
   10  NANCE;
   11    G. TO LIGHTING INTENDED FOR TUNNELS AND ROADWAY UNDERPASSES; OR
   12    H. IF THE COMBINED COST OF ACQUIRING AND OPERATING A FIXTURE COMPLYING
   13  WITH PARAGRAPHS A, B AND C OF THIS  SUBDIVISION  IS  MORE  THAN  FIFTEEN
   14  PERCENT  GREATER  THAN  THE  COST  OF ACQUIRING AND OPERATING COMPARABLE
   15  NON-COMPLIANT FIXTURES OVER THE LIFE OF THE LIGHTING  SYSTEM  AND  IF  A
   16  WRITTEN  DETERMINATION  WITH  FINDINGS  HAS  BEEN MADE THAT NO COMPLIANT
   17  FIXTURE EXISTS THAT WOULD MEET THE COST LIMITATION.
   18    4. THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE DEPARTMENT
   19  OF TRANSPORTATION AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
   20  AUTHORITY, AND GIVEN DUE CONSIDERATION TO  LIGHTING  INDUSTRY  STANDARDS
   21  AND  PRACTICES,  SHALL  ESTABLISH RULES AND REGULATIONS TO IMPLEMENT THE
   22  PROVISIONS OF THIS SECTION.
   23    S 2. Report. The office of general services shall, on or  before  June
   24  1,  2017, submit a report to the governor and the temporary president of
   25  the senate and the speaker of the assembly on the implementation of  and
   26  compliance  with  section  143  of the public buildings law, as added by
   27  section one of this act, including an analysis of the savings and  costs
   28  to the state.
   29    S  3. Applicability. No provision of this act shall be construed as to
   30  permit the practice of architecture  as  such  practice  is  defined  in
   31  section  7301  of  the  education law, or the practice of engineering as
   32  such practice is defined in section 7201 of the education law.
   33    S 4. This act shall take effect one year after it shall have become  a
   34  law; provided that effective immediately, the addition, amendment and/or
   35  repeal  of any rule or regulation or development of any standards neces-
   36  sary for the implementation of this act on its effective date is author-
   37  ized to be made and completed on or  before  such  effective  date;  and
   38  provided  further,  that  this  act  shall not apply to projects for the
   39  installation or replacement of permanent  outdoor  fixtures  which  have
   40  received final design approval prior to the effective date of this act.
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