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S05275 Summary:

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S05275 Floor Votes:

S05275 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5275--B
            Cal. No. 847
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      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    § 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    §  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    § 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    §  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.