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A07489 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                      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
        AN ACT to amend the public buildings law, in relation to restricting the
          luminous power of lighting fixtures installed  or  maintained  by  the
          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    § 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.

        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    § 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    §  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    § 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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