Bill Text: NY S05275 | 2013-2014 | General Assembly | Amended
Bill Title: Restricts the luminous power of lighting fixtures installed or maintained by the state.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2014-12-17 - SIGNED CHAP.512 [S05275 Detail]
Download: New_York-2013-S05275-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5275--B Cal. No. 847 2013-2014 Regular Sessions I N S E N A T E May 15, 2013 ___________ Introduced by Sens. MARCELLINO, AVELLA, CARLUCCI, HOYLMAN, LATIMER -- 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 committee -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10614-09-4 S. 5275--B 2 1 F. "ILLUMINANCE" MEANS THE LUMINOUS POWER INCIDENT PER UNIT AREA OF A 2 SURFACE. 3 G. "LAMP" MEANS A LIGHT BULB OR OTHER COMPONENT OF A FIXTURE THAT 4 CHANGES ELECTRICITY INTO VISIBLE LIGHT. 5 H. "LIGHT TRESPASS" MEANS LIGHT THAT FALLS BEYOND THE PROPERTY IT IS 6 INTENDED TO ILLUMINATE. 7 I. "LUMEN" MEANS A STANDARD UNIT OF MEASUREMENT OF THE QUANTITY OF 8 LIGHT EMITTED FROM A LAMP. 9 J. "FIXTURE" MEANS A COMPLETE LIGHTING UNIT, INCLUDING A LAMP TOGETHER 10 WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSITION AND PROTECT 11 THE LAMP AND TO CONNECT THE LAMP TO THE POWER SUPPLY. 12 K. "ORNAMENTAL ROADWAY LIGHTING" MEANS A ROADWAY LIGHTING FIXTURE THAT 13 SERVES A DECORATIVE FUNCTION IN ADDITION TO A ROADWAY LIGHTING FUNCTION, 14 HAVING AN HISTORICAL PERIOD APPEARANCE OR DECORATIVE APPEARANCE. 15 L. "PARKING-LOT LIGHTING" MEANS PERMANENT OUTDOOR FIXTURES SPECIF- 16 ICALLY INTENDED TO ILLUMINATE UNCOVERED VEHICLE PARKING AREAS. 17 M. "PERMANENT OUTDOOR FIXTURE" MEANS A FIXTURE FOR USE IN AN EXTERIOR 18 ENVIRONMENT INSTALLED WITH MOUNTING NOT INTENDED FOR RELOCATION. 19 N. "ROADWAY LIGHTING" MEANS PERMANENT OUTDOOR FIXTURES SPECIFICALLY 20 INTENDED TO ILLUMINATE PUBLIC ROADWAYS. 21 O. "SKY GLOW" MEANS A CONDITION CAUSED BY LIGHT DIRECTED UPWARDS OR 22 SIDEWAYS REDUCING ONE'S ABILITY TO VIEW THE NIGHT SKY. 23 P. "STATE AGENCY" MEANS ANY STATE DEPARTMENT, OFFICE, BOARD, COMMIS- 24 SION, AGENCY, OR A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION AT 25 LEAST ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR. 26 2. NO STATE AGENCY OPERATING IN THE STATE SHALL INSTALL OR CAUSE TO BE 27 INSTALLED ANY NEW OR REPLACEMENT PERMANENT OUTDOOR FIXTURE UNLESS THE 28 FOLLOWING CONDITIONS ARE MET: 29 A. IN THE CASE OF ROADWAY LIGHTING OR PARKING-LOT LIGHTING; WHETHER 30 MOUNTED TO POLES, BUILDINGS OR OTHER STRUCTURES, THE FIXTURE IS FULLY 31 SHIELDED. 32 B. IN THE CASE OF BUILDING-MOUNTED FIXTURES NOT SPECIFICALLY INTENDED 33 FOR ROADWAY LIGHTING, PARKING-LOT LIGHTING, OR FACADE LIGHTING, THE 34 FIXTURE IS FULLY SHIELDED WHEN ITS INITIAL FIXTURE LUMENS IS GREATER 35 THAN THREE THOUSAND LUMENS. 36 C. IN THE CASE OF FACADE LIGHTING, THE FIXTURE IS SHIELDED TO REDUCE 37 GLARE, SKY GLOW, AND LIGHT TRESPASS TO THE GREATEST EXTENT POSSIBLE. 38 D. IN THE CASE OF ORNAMENTAL ROADWAY LIGHTING FIXTURES, THE FIXTURE 39 ALLOWS NO MORE THAN SEVEN HUNDRED LUMENS FROM THE FIXTURE ABOVE A HORI- 40 ZONTAL PLANE THROUGH THE FIXTURE'S LOWEST LIGHT EMITTING PART. 41 E. FOR ILLUMINATION BY NEW PERMANENT OUTDOOR FIXTURES FOR APPLICATIONS 42 DESCRIBED IN PARAGRAPH A, B, C OR D OF THIS SUBDIVISION, ONLY ILLUMI- 43 NANCE LEVELS THAT ARE NO GREATER THAN THOSE REQUIRED FOR THE INTENDED 44 PURPOSE MAY BE USED, AS ESTABLISHED BY THE COMMISSIONER OF THE OFFICE OF 45 GENERAL SERVICES IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTATION 46 AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AND 47 GIVEN DUE CONSIDERATION TO LIGHTING INDUSTRY STANDARDS AND PRACTICES. 48 F. IN THE CASE OF ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS OF 49 TWO OR MORE STREETS OR HIGHWAYS, THE DEPARTMENT OF TRANSPORTATION HAS 50 DETERMINED THAT THE PURPOSE OF THE LIGHTING INSTALLATION OR REPLACEMENT 51 CANNOT BE ACHIEVED BY INSTALLATION OF REFLECTORIZED ROADWAY MARKERS, 52 LINES, WARNINGS OR INFORMATIONAL SIGNS, OR OTHER PASSIVE MEANS. 53 3. THIS SECTION SHALL NOT APPLY: 54 A. IF A FEDERAL LAW, RULE OR REGULATION PREEMPTS STATE LAW; S. 5275--B 3 1 B. IF THE OUTDOOR LIGHTING FIXTURE IS USED TEMPORARILY BY EMERGENCY 2 PERSONNEL REQUIRING ADDITIONAL ILLUMINATION FOR EMERGENCY PROCEDURES OR 3 TEMPORARILY USED BY REPAIR PERSONNEL FOR ROAD REPAIR; 4 C. TO NAVIGATIONAL LIGHTING SYSTEMS AND OTHER LIGHTING NECESSARY FOR 5 AVIATION AND NAUTICAL SAFETY; 6 D. TO LIGHTING FOR ATHLETIC PLAYING AREAS; PROVIDED, HOWEVER, THAT ALL 7 SUCH LIGHTING SHALL BE SELECTED AND INSTALLED TO SHIELD THE LAMP OR 8 LAMPS FROM DIRECT VIEW AND TO MINIMIZE UPWARD LIGHTING AND GLARE TO THE 9 GREATEST EXTENT POSSIBLE; 10 E. IF THE STATE AGENCY DETERMINES A SAFETY OR SECURITY NEED EXISTS 11 THAT CANNOT BE ADDRESSED BY ANY OTHER METHOD; 12 F. TO THE REPLACEMENT OF A PREVIOUSLY INSTALLED PERMANENT OUTDOOR 13 FIXTURE THAT IS DESTROYED, DAMAGED OR INOPERATIVE, HAS EXPERIENCED ELEC- 14 TRICAL FAILURE DUE TO FAILED COMPONENTS, OR REQUIRES STANDARD MAINTE- 15 NANCE; 16 G. TO LIGHTING INTENDED FOR TUNNELS AND ROADWAY UNDERPASSES; OR 17 H. IF THE COMBINED COST OF ACQUIRING AND OPERATING A FIXTURE COMPLYING 18 WITH PARAGRAPHS A, B AND C OF THIS SUBDIVISION IS MORE THAN FIFTEEN 19 PERCENT GREATER THAN THE COST OF ACQUIRING AND OPERATING COMPARABLE 20 NON-COMPLIANT FIXTURES OVER THE LIFE OF THE LIGHTING SYSTEM AND IF A 21 WRITTEN DETERMINATION WITH FINDINGS HAS BEEN MADE THAT NO COMPLIANT 22 FIXTURE EXISTS THAT WOULD MEET THE COST LIMITATION. 23 4. THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE DEPARTMENT 24 OF TRANSPORTATION AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT 25 AUTHORITY, AND GIVEN DUE CONSIDERATION TO LIGHTING INDUSTRY STANDARDS 26 AND PRACTICES, SHALL ESTABLISH RULES AND REGULATIONS TO IMPLEMENT THE 27 PROVISIONS OF THIS SECTION. 28 S 2. Report. The office of general services shall, on or before June 29 1, 2017, submit a report to the governor and the temporary president of 30 the senate and the speaker of the assembly on the implementation of and 31 compliance with section 143 of the public buildings law, as added by 32 section one of this act, including an analysis of the savings and costs 33 to the state. 34 S 3. Applicability. No provision of this act shall be construed as to 35 permit the practice of architecture as such practice is defined in 36 section 7301 of the education law, or the practice of engineering as 37 such practice is defined in section 7201 of the education law. 38 S 4. This act shall take effect one year after it shall have become a 39 law; provided that effective immediately, the addition, amendment and/or 40 repeal of any rule or regulation or development of any standards neces- 41 sary for the implementation of this act on its effective date is author- 42 ized to be made and completed on or before such effective date; and 43 provided further, that this act shall not apply to projects for the 44 installation or replacement of permanent outdoor fixtures which have 45 received final design approval prior to the effective date of this act.