NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4615
SPONSOR: Glick 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 18-0301 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 § 18-0401 of Article 18 provides that the provisions of this
article are cumulative and supplemental and shall not apply within any
municipality that, by local law, ordinance or resolution, has adopted
provisions restricting light pollution that are equal to or more strin-
gent than the provisions of this article.
Section § 18-0501 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 states the effective date.
JUSTIFICATION:
Light pollution, or the excessive or poor use of artificial light at
night, is one of the most pervagive 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:
2023-24: A.5632 (Fahy) - Reported referred to codes
2021-22: A8644 (Fahy) - Reported referred to codes
EFFECTIVE DATE:
This act shall take effect January 1, 2028. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
4615
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Environmental Conservation
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
23 people, birds, and other wildlife, conserving energy and reducing our
24 carbon footprint, and preserving the aesthetic qualities of the night
25 sky.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03222-02-5
A. 4615 2
1 § 18-0103. General definitions.
2 For the purposes of this article, the following terms shall mean:
3 1. "Outdoor lighting fixture" means an outdoor artificial illuminating
4 device, whether permanent or portable, used for illumination or adver-
5 tisement, including but not limited to searchlights, spotlights, and
6 floodlights, whether for architectural lighting, parking lot lighting,
7 landscape lighting, billboards or street lighting.
8 2. "Shielded" means a fixture that is shielded in such a manner that
9 light rays emitted by the fixture, either directly from the lamp or
10 indirectly from the fixture, are projected below a horizontal plane
11 running through the lowest point on the fixture where light is emitted.
12 3. "Municipality" shall mean a county, city, town, or village.
13 4. "Governing board" includes the board of supervisors of a county,
14 the town board of a town, the common council of a city, and the board of
15 trustees of a village.
16 TITLE 2
17 LIGHTING FIXTURES
18 Section 18-0201. Shielding of outdoor lighting fixtures.
19 18-0202. Nonconforming lighting fixtures.
20 18-0203. Outdoor recreational facilities.
21 § 18-0201. Shielding of outdoor lighting fixtures.
22 All outdoor lighting fixtures shall be shielded after January first,
23 two thousand twenty-eight, including but not limited to outdoor lighting
24 fixtures installed at residential, commercial, industrial, and municipal
25 buildings and structures.
26 § 18-0202. Nonconforming lighting fixtures.
27 1. In addition to other exemptions provided in this article, outdoor
28 lighting fixtures not in compliance with the provisions of this article
29 shall be allowed, provided that such fixtures are extinguished by an
30 automatic or manual shutoff device between the hours of eleven p.m. and
31 sunrise or are motion-activated lights with a duration of less than
32 fifteen minutes and equipped with an automatic shutoff device.
33 2. The department may, in its discretion, adopt regulations to exempt
34 certain lighting fixtures from the requirements of this article if a
35 shielded fixture is not reasonably available.
36 § 18-0203. Outdoor recreational facilities.
37 No outdoor recreational facility, amphitheater, arena, or similar
38 facility whether public or private, shall be illuminated between the
39 hours of eleven p.m. and five a.m. except for a recreational or sporting
40 event or other activity that is in progress prior to eleven p.m. at an
41 outdoor recreational facility, amphitheater, arena, or similar facility.
42 TITLE 3
43 EXEMPTIONS
44 Section 18-0301. Exemptions.
45 § 18-0301. Exemptions.
46 The following are exempt from the requirements of this article:
47 1. Outdoor lighting fixtures on advertisement signs on interstates and
48 federal primary highways;
49 2. Navigational lighting systems at airports and other lighting neces-
50 sary for aircraft safety pursuant to the requirements of the Federal
51 Aviation Authority, including but not limited to lighting placed on
52 communication towers or wind turbines;
53 3. Outdoor lighting fixtures that are necessary for worker safety,
54 including but not limited to lights at agricultural facilities, indus-
55 trial, manufacturing, or commercial sites;
A. 4615 3
1 4. Emergency lighting that is used by police, firefighters, correc-
2 tional personnel, or medical personnel and that is in operation as long
3 as the emergency exists;
4 5. Outdoor lighting regulated pursuant to federal law, rule, or regu-
5 lation that preempts state law;
6 6. Lighting intended for tunnels and roadway underpasses;
7 7. Outdoor lighting used for programs, projects, or improvements of a
8 city or town relating to the construction, reconstruction, improvement,
9 or maintenance of a street or highway;
10 8. Outdoor lighting used for construction or major renovation of
11 municipal buildings, structures, and facilities of a city or town;
12 9. Streetlight fixtures if the shielding is not available from the
13 manufacturer; and
14 10. Incandescent fixtures of one hundred fifty watts or less and other
15 sources of less than seventy watts, including but not limited to
16 seasonal and decorative lighting.
17 11. Lighting fixtures located in the geographically limited area
18 defined by section 81-70 of article VIII of the New York City Zoning
19 Resolution, provided that the department may:
20 (a) require conditions for such exemption if strategies or technolo-
21 gies to control excess light are reasonably available; and
22 (b) exempt all lighting fixtures within such geographically limited
23 area upon application of an entity representing property owners, resi-
24 dents or businesses.
25 12. Lighting fixtures that are culturally or historically significant,
26 as determined by the department, provided that:
27 (a) such exemption shall be granted upon application from a property
28 owner, or an entity representing property owners, residents or busi-
29 nesses within a geographically limited area; and
30 (b) the department may require conditions for an exemption under this
31 subdivision to ensure that the exemption does not result in greater
32 light pollution than occurred on the effective date of this article.
33 TITLE 4
34 PREEMPTION
35 Section 18-0401. Preemption.
36 § 18-0401. Preemption.
37 The provisions of this article are cumulative and supplemental and
38 shall not apply within any municipality that, by local law, ordinance or
39 resolution, has adopted provisions restricting light pollution that are
40 equal to or more stringent than the provisions of this article.
41 TITLE 5
42 DEPARTMENT RESPONSIBILITY
43 Section 18-0501. Department responsibility.
44 § 18-0501. Department responsibility.
45 1. The department shall develop educational materials to encourage the
46 reduction of light pollution and shall make those materials available on
47 its website.
48 2. The department shall provide information regarding complying with
49 the requirements of this article, including examples of conforming
50 lighting fixtures, allowable nonconforming lighting fixtures, and the
51 provided exemptions and shall make those materials available on its
52 website.
53 § 3. This act shall take effect January 1, 2028. Effective immediate-
54 ly, the addition, amendment and/or repeal of any rule or regulation
55 necessary for the implementation of this act on its effective date are
56 authorized to be made and completed on or before such effective date.
