Enacts the healthy, safe and energy efficient outdoor lighting act to reduce harmful outdoor lighting

Summary of provisions

Section 1 adds a new Article 20 to the environmental conservation law, the Healthy, Safe and Energy Efficient Outdoor Lighting Act. Article 20 includes sections 20-0101 setting out legislative findings, section 20-0103 stating a short title, section 20-0105 defining terms, section 20-0107 on permanent outdoor lighting, section 20-0109 on dark-sky preserves, section 20-0113 requiring the Department of Environmental Conservation (DEC), in consultation with the New York Energy Research and Development Authority (NYSERDA) to develop and distribute a model comprehensive outdoor lighting ordinance, and section 200115 requiring DEC, in consultation with NYSERDA to develop and distribute a pamphlet promoting the bill's goals of energy conservation and more effective night lighting and describing how the provisions of this bill will achieve them and section 20-0115 on applicability. Section 2 directs the Public Service Commission to require that every electric corporation or municipality providing electric service include the educational pamphlets in its bills to customers.

Justification

This bill is intended to limit excessive outdoor illumination. Excessive 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. If, however, it is not well designed it can be costly, inefficient, counterproductive, and harmful to the nighttime environment. 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 public corporations operating in the state 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 be installed by state agencies and public corporations.

* It allows the chief executive officer of any state agency or public corporation to exempt the state agency or 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, underbridge, 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 detracts 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, 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 department in consultation with NYSERDA report to the legislature on technological advances that affect the provisions of this article and recommend amendments to this article which would increase its effectiveness in achieving the bill's stated purposes.

* It empowers the DEC commissioner to identify and nominate areas for "dark sky preserves" of the state.

* It exempts state agencies, public corporations and electric corporations providing roadway lighting under contract to a public corporation from light trespass restrictions.

* It exempts lighting done for security purposes pursuant to regulations of the Public Service Commission, ATM lighting done to comply with the minimum standards of section 75-c of the banking law and historic theater lighting.

* It exempts lighting that is furthering an activity found to be a sound agricultural practice under the Right to Farm Law.

* It requires the commissioner of DEC in consultation with NY5ERDA, the Department of Agriculture and Markets and the Public Service Commission, to promulgate rules and regulations on light trespass.

* It requires the commissioner to prepare and distribute a model outdoor lighting ordinance to cities, towns, and villages throughout the state.

* It requires the commissioner, in consultation with NYSERDA, to develop and widely disseminate a pamphlet describing the purposes and provisions of this act.

Legislative history

2009-10: S.858 En Con 2008: 4364-A Cal. 1152 2007: A.7438 Passed Assembly 2005-06: A.7404 Passed Assembly 2004: A.6950-D Passed Assembly 2003: A.6950-C Passed Assembly 2002: A.9757-B Rules 2001: A.5352-B Passed Assembly and Senate Vetoed by the Governor 2000: A.6357-A Passed Assembly 1999: A.6357-A En Con

Fiscal implications

None.

Effective date

This act shall take effect on the first of January succeeding the date upon which it shall have become law, with provisions.