NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5632A
SPONSOR: Fahy TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
enacting the dark skies protection act
PURPOSE:
An act to amend the environmental conservation law, in relation to
enacting the dark skies protection act
SUMMARY OF PROVISIONS:
Section 1 of the bill titles the bill the "Dark Skies Act"'.
Section 2 of the bill adds a new article 18 to the environmental conser-
vation law, which provides for the control of light pollution in New
York State and establishes limits on the use of outdoor lighting.
Section 18-0101 of Article 18 provides for the short title, the Dark
Skies Protection Act.
Section 18-0102 of Article 18 declares that the purpose of the act.
Section 18-0103 of Article 18 provides the general definitions.
Section 18-0201 of Article 18 requires the shielding of outdoor light
fixtures installed at residential, commercial, industrial, and municipal
buildings and structures.
Section 18-0202 of Article 18 provides an exemption for nonconforming
light fixtures, provided they are extinguished between the hours of
11:00 p.m. and 5:00am, or are motion-activated lights.
Section 18-0203 of Article 18 provides certain exemptions for outdoor
recreational facilities.
Section 18-0401 of Article 18 provides exemptions for essential outdoor
lighting, including lighting fixtures on advertisement signs on inter-
states and federal highways; navigational lighting systems at airports
and lighting necessary for aircraft safety; outdoor lighting fixtures
that are necessary for worker safety; emergency. lighting that is used
by police, firefighters, correctional personnel, or medical personnel;
outdoor lighting regulated pursuant to a federal law, rule or regu-
lation; lighting intended for tunnels and roadway underpasses; certain
outdoor lighting used by municipalities; certain streetlight fixtures;
and incandescent fixtures of one hundred fifty watts or less and other
sources of less than seventy watts, including seasonal and decorative
lighting.
Section § 18-0501 of Article 18 concerns local preemption and estab-
lishes that the act shall not apply within a municipality that has
adopted equal or more restrictive provisions regarding light pollution.
Section § 18-0601 of Article 18 establishes that the Department of Envi-
ronmental Conservation shall develop educational materials to encourage
the reduction of light pollution and provide information regarding
complying with the requirements of this article.
Section 3 of the bill creates a new Title 45 within article 71 of the
environmental conservation law and provides for the enforcement of arti-
cle 18 of the ECL.
Section 4 of the bill states the effective date.
JUSTIFICATION:
Light pollution, or the excessive or poor use of artificial light at
night, is one of the most pervasive forms of environmental alteration
caused by humans. Light pollution has many negative impacts, including
the disruption of the natural patterns of wildlife, wasted energy and
increased output of carbon dioxide and greenhouse gases, interruption of
human sleep and other adverse health impacts, and the loss of the
aesthetic qualities and cultural significance of the night sky.
Our ancestors were able to experience a night sky full of stars, but now
80% of Americans can no longer see the Milky Way and experience its
profound beauty. Along the northeastern coast, the Milky Way is no long-
er visible from Boston to New York City to Washington DC. Exposure to
excess artificial light can disrupt the body's natural circadian rhythms
- causing changes to brain wave patterns, hormone production, cell regu-
lation, and other biologic activities. In 2016, the New York City
Department of Health and Mental Hygiene conducted the NYC Ambient
Noise/Light and Sleep Survey and found that almost one in seven New York
City residents have their sleep disturbed by light at least three days
per week.
Light pollution also impacts our natural environment. According to the
National Audubon Society, 70 percent of bird species migrate each year.
And of those birds, 80 percent migrate at night, using the night sky to
help them navigate to and from their breeding grounds. However, as they
pass over big cities on their way, they can become disoriented by bright
artificial lights, often causing them to collide with buildings or
windows. And while some are casualties of nighttime collisions, others
can circle in confusion until dawn when they land - potentially without
access to food or water - and are subject to urban threats.
PRIOR LEGISLATIVE HISTORY:
A8644A of 2021-22
STATE OF NEW YORK
________________________________________________________________________
5632--A
2023-2024 Regular Sessions
IN ASSEMBLY
March 20, 2023
___________
Introduced by M. of A. FAHY, STECK, SEAWRIGHT, SIMON, BURDICK, THIELE,
JACOBSON, GLICK, PAULIN, WOERNER, GUNTHER, GALLAGHER -- read once and
referred to the Committee on Environmental Conservation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the environmental conservation law, in relation to
enacting the dark skies protection act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "dark skies protection act".
3 § 2. The environmental conservation law is amended by adding a new
4 article 18 to read as follows:
5 ARTICLE 18
6 LIGHT POLLUTION CONTROL
7 Title 1. Short title, declaration of purpose, general definitions.
8 2. Lighting fixtures.
9 3. Exemptions.
10 4. Preemption.
11 5. Department responsibility.
12 TITLE 1
13 SHORT TITLE, DECLARATION OF PURPOSE, GENERAL DEFINITIONS
14 Section 18-0101. Short title.
15 18-0102. Declaration of purpose.
16 18-0103. General definitions.
17 § 18-0101. Short title.
18 This act shall be known and may be cited as the "dark skies protection
19 act".
20 § 18-0102. Declaration of purpose.
21 The purpose of this article is to regulate outdoor night lighting to
22 preserve and enhance the state's dark sky while promoting safety for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02663-02-3
A. 5632--A 2
1 people, birds, and other wildlife, conserving energy and reducing our
2 carbon footprint, and preserving the aesthetic qualities of the night
3 sky.
4 § 18-0103. General definitions.
5 For the purposes of this article, the following terms shall mean:
6 1. "Outdoor lighting fixture" means an outdoor artificial illuminating
7 device, whether permanent or portable, used for illumination or adver-
8 tisement, including but not limited to searchlights, spotlights, and
9 floodlights, whether for architectural lighting, parking lot lighting,
10 landscape lighting, billboards or street lighting.
11 2. "Shielded" means a fixture that is shielded in such a manner that
12 light rays emitted by the fixture, either directly from the lamp or
13 indirectly from the fixture, are projected below a horizontal plane
14 running through the lowest point on the fixture where light is emitted.
15 3. "Municipality" shall mean a county, city, town, or village.
16 4. "Governing board" includes the board of supervisors of a county,
17 the town board of a town, the common council of a city, and the board of
18 trustees of a village.
19 TITLE 2
20 LIGHTING FIXTURES
21 Section 18-0201. Shielding of outdoor lighting fixtures.
22 18-0202. Nonconforming lighting fixtures.
23 18-0203. Outdoor recreational facilities.
24 § 18-0201. Shielding of outdoor lighting fixtures.
25 All outdoor lighting fixtures shall be shielded after January first,
26 two thousand twenty-six, including but not limited to outdoor lighting
27 fixtures installed at residential, commercial, industrial, and municipal
28 buildings and structures.
29 § 18-0202. Nonconforming lighting fixtures.
30 1. In addition to other exemptions provided in this article, outdoor
31 lighting fixtures not in compliance with the provisions of this article
32 shall be allowed, provided that such fixtures are extinguished by an
33 automatic or manual shutoff device between the hours of eleven p.m. and
34 sunrise or are motion-activated lights with a duration of less than
35 fifteen minutes and equipped with an automatic shutoff device.
36 2. The department may, in its discretion, adopt regulations to exempt
37 certain lighting fixtures from the requirements of this article if a
38 shielded fixture is not reasonably available.
39 § 18-0203. Outdoor recreational facilities.
40 No outdoor recreational facility, amphitheater, arena, or similar
41 facility whether public or private, shall be illuminated between the
42 hours of eleven p.m. and five a.m. except for a recreational or sporting
43 event or other activity that is in progress prior to eleven p.m. at an
44 outdoor recreational facility, amphitheater, arena, or similar facility.
45 TITLE 3
46 EXEMPTIONS
47 Section 18-0301. Exemptions.
48 § 18-0301. Exemptions.
49 The following are exempt from the requirements of this article:
50 1. Outdoor lighting fixtures on advertisement signs on interstates and
51 federal primary highways;
52 2. Navigational lighting systems at airports and other lighting neces-
53 sary for aircraft safety pursuant to the requirements of the Federal
54 Aviation Authority, including but not limited to lighting placed on
55 communication towers or wind turbines;
A. 5632--A 3
1 3. Outdoor lighting fixtures that are necessary for worker safety,
2 including but not limited to lights at agricultural facilities, indus-
3 trial, manufacturing, or commercial sites;
4 4. Emergency lighting that is used by police, firefighters, correc-
5 tional personnel, or medical personnel and that is in operation as long
6 as the emergency exists;
7 5. Outdoor lighting regulated pursuant to federal law, rule, or regu-
8 lation that preempts state law;
9 6. Lighting intended for tunnels and roadway underpasses;
10 7. Outdoor lighting used for programs, projects, or improvements of a
11 city or town relating to the construction, reconstruction, improvement,
12 or maintenance of a street or highway;
13 8. Outdoor lighting used for construction or major renovation of
14 municipal buildings, structures, and facilities of a city or town;
15 9. Streetlight fixtures if the shielding is not available from the
16 manufacturer; and
17 10. Incandescent fixtures of one hundred fifty watts or less and other
18 sources of less than seventy watts, including but not limited to
19 seasonal and decorative lighting.
20 11. Lighting fixtures located in the geographically limited area
21 defined by section 81-70 of article VIII of the New York City Zoning
22 Resolution, provided that the department may:
23 (a) require conditions for such exemption if strategies or technolo-
24 gies to control excess light are reasonably available; and
25 (b) exempt all lighting fixtures within such geographically limited
26 area upon application of an entity representing property owners, resi-
27 dents or businesses.
28 12. Lighting fixtures that are culturally or historically significant,
29 as determined by the department, provided that:
30 (a) such exemption shall be granted upon application from a property
31 owner, or an entity representing property owners, residents or busi-
32 nesses within a geographically limited area; and
33 (b) the department may require conditions for an exemption under this
34 subdivision to ensure that the exemption does not result in greater
35 light pollution than occurred on the effective date of this article.
36 TITLE 4
37 PREEMPTION
38 Section 18-0401. Preemption.
39 § 18-0401. Preemption.
40 The provisions of this article are cumulative and supplemental and
41 shall not apply within any municipality that, by local law, ordinance or
42 resolution, has adopted provisions restricting light pollution that are
43 equal to or more stringent than the provisions of this article.
44 TITLE 5
45 DEPARTMENT RESPONSIBILITY
46 Section 18-0501. Department responsibility.
47 § 18-0501. Department responsibility.
48 1. The department shall develop educational materials to encourage the
49 reduction of light pollution and shall make those materials available on
50 its website.
51 2. The department shall provide information regarding complying with
52 the requirements of this article, including examples of conforming
53 lighting fixtures, allowable nonconforming lighting fixtures, and the
54 provided exemptions and shall make those materials available on its
55 website.
A. 5632--A 4
1 § 3. This act shall take effect January 1, 2026. Effective immediate-
2 ly, the addition, amendment and/or repeal of any rule or regulation
3 necessary for the implementation of this act on its effective date are
4 authorized to be made and completed on or before such effective date.
