A07489 Summary:

BILL NO    A07489A

SAME AS    SAME AS S05275-A

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    A07489A

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
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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:A7489A

TITLE OF BILL:  An act to amend the public buildings law, in relation to
restricting the luminous power of lighting fixtures installed or main-
tained 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, illumi-
nance, light trespass, lumen, fixture, ornamental roadway lighting park-
ing-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, build-
ings 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 fail-
ure 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 expo-
sure 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 neigh-
boring properties and into nearby residences, reducing privacy, hinder-
ing 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 popu-
lation 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, amend-
ment and/or repeal of any rule or regulation or development of any stan-
dards 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--A

                              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

       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.
   19    H.  "LIGHT  TRESPASS" MEANS LIGHT THAT FALLS BEYOND THE PROPERTY IT IS
   20  INTENDED TO ILLUMINATE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10614-07-3
       A. 7489--A                          2

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

    1  LAMPS  FROM DIRECT VIEW AND TO MINIMIZE UPWARD LIGHTING AND GLARE TO THE
    2  GREATEST EXTENT POSSIBLE;
    3    E.  IF  A COMPELLING AND BONA FIDE SAFETY OR SECURITY NEED EXISTS THAT
    4  CANNOT BE ADDRESSED BY ANY OTHER METHOD;
    5    F. TO THE REPLACEMENT OF  A  PREVIOUSLY  INSTALLED  PERMANENT  OUTDOOR
    6  FIXTURE THAT IS DESTROYED, DAMAGED OR INOPERATIVE, HAS EXPERIENCED ELEC-
    7  TRICAL  FAILURE  DUE  TO FAILED COMPONENTS, OR REQUIRES STANDARD MAINTE-
    8  NANCE;
    9    G. TO LIGHTING INTENDED FOR TUNNELS AND ROADWAY UNDERPASSES; OR
   10    H.  IF THE COMBINED COST OF ACQUIRING AND OPERATING A FIXTURE  COMPLY-
   11  ING  WITH PARAGRAPHS A, B AND C OF THIS SUBDIVISION IS MORE THAN FIFTEEN
   12  PERCENT GREATER THEN THE COST  OF  ACQUIRING  AND  OPERATING  COMPARABLE
   13  NON-COMPLIANT  FIXTURES  OVER  THE  LIFE OF THE LIGHTING SYSTEM AND IF A
   14  WRITTEN DETERMINATION WITH FINDINGS HAS  BEEN  MADE  THAT  NO  COMPLIANT
   15  FIXTURE EXISTS THAT WOULD MEET THE COST LIMITATION. THE WRITTEN DETERMI-
   16  NATION  SHALL  BE MADE BY THE CHIEF EXECUTIVE OF THE AGENCY PLANNING THE
   17  LIGHTING OR HIS HIS OR HER DESIGNEE.
   18    S 2. The office of general services, in consultation with the  depart-
   19  ment  of  transportation,  and  giving  consideration to the recommended
   20  practices adopted by the Illuminating Engineering Society of North Amer-
   21  ica, shall establish rules to implement  the  provisions  of  this  act,
   22  including  a  system  to  ensure  that the use of state funds for street
   23  lighting complies with the requirements set forth in this act and  shall
   24  provide for the wide dissemination of this information.
   25    S  3.  Report. The office of general services shall, on or before June
   26  1, 2017, submit a report to the governor  and  the  legislature  on  the
   27  implementation of the provisions of this act, including any cost savings
   28  to the state or costs to the state.
   29    S  4. 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 5. 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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