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A08644 Summary:

BILL NOA08644A
 
SAME ASSAME AS S07663
 
SPONSORFahy
 
COSPNSRSteck, Seawright, Burdick, Thiele, Simon, Gottfried, Jacobson, Glick, Paulin, Niou
 
MLTSPNSR
 
Add Art 18 Titles 1 - 5, Art 71 Title 45 §§71-4501 - 71-4503, En Con L
 
Regulates outdoor night lighting to preserve and enhance the state's dark sky.
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A08644 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8644--A
 
                   IN ASSEMBLY
 
                                    January 10, 2022
                                       ___________
 
        Introduced  by  M. of A. FAHY, STECK, SEAWRIGHT, BURDICK, THIELE, SIMON,
          GOTTFRIED, JACOBSON, GLICK, PAULIN, NIOU -- 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
    19             protection 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.
                                                                   LBD13810-02-2

        A. 8644--A                          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-five, 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, exempt certain lighting
    34  fixtures from the requirements of this article if a shielded fixture  is
    35  not reasonably available.
    36  § 18-0203. Outdoor recreational facilities.
    37    No  outdoor recreational facility, whether public or private, shall be
    38  illuminated between the hours of eleven p.m. and five a.m. except for  a
    39  national  or international tournament or to conclude any recreational or
    40  sporting event or other activity that is in  progress  prior  to  eleven
    41  p.m.    at  a ballpark or field, outdoor amphitheater, arena, or similar
    42  facility.
    43                                   TITLE 3
    44                                 EXEMPTIONS
    45  Section 18-0301. Exemptions.
    46  § 18-0301. Exemptions.
    47    The following are exempt from the requirements of this article:
    48    1. Outdoor lighting fixtures on advertisement signs on interstates and
    49  federal primary highways;
    50    2. Navigational lighting systems at airports and other lighting neces-
    51  sary for aircraft safety pursuant to the  requirements  of  the  Federal
    52  Aviation  Authority,  including  but  not  limited to lighting placed on
    53  communication towers or wind turbines;
    54    3. Outdoor lighting fixtures that are  necessary  for  worker  safety,
    55  including  but  not limited to lights at agricultural facilities, indus-
    56  trial, manufacturing, or commercial sites;

        A. 8644--A                          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                                   TITLE 4
    18                                 PREEMPTION
    19  Section 18-0401. Preemption.
    20  § 18-0401. Preemption.
    21    The  provisions  of  this  article are cumulative and supplemental and
    22  shall not apply within any municipality that,  by  ordinance  or  resol-
    23  ution, has adopted provisions restricting light pollution that are equal
    24  to or more stringent than the provisions of this article.
    25                                   TITLE 5
    26                          DEPARTMENT RESPONSIBILITY
    27  Section 18-0501. Department responsibility.
    28  § 18-0501. Department responsibility.
    29    1. The department shall develop educational materials to encourage the
    30  reduction of light pollution and shall make those materials available to
    31  the public.
    32    2.  The  department shall provide information regarding complying with
    33  the requirements of  this  article,  including  examples  of  conforming
    34  lighting  fixtures,  allowable  nonconforming lighting fixtures, and the
    35  provided exemptions and shall make  those  materials  available  to  the
    36  public.
    37    §  3.  Article  71 of the environmental conservation law is amended by
    38  adding a new title 45 to read as follows:
    39                                  TITLE 45
    40                          ENFORCEMENT OF ARTICLE 18
    41  Section 71-4501. Applicability of this title.
    42          71-4502. Civil sanction.
    43          71-4503. Enforcement of article 18 of this chapter.
    44  § 71-4501. Applicability of this title.
    45    In addition to the provisions of sections 71-0101, 71-0301 and title 5
    46  of this article the provisions of this title shall be applicable to  the
    47  enforcement of article 18 of this chapter.
    48  § 71-4502. Civil sanction.
    49    1.  Any person who owns a one to four family dwelling and violates any
    50  of the provisions of, or who fails to perform any duty imposed by  arti-
    51  cle  18  of this chapter, or any rule or regulation promulgated pursuant
    52  thereto, shall be liable in the case of a first violation, for  a  civil
    53  penalty  not  to  exceed one hundred dollars for each such violation. In
    54  the case of a second  and  any  continuing  or  further  violation,  the
    55  liability  shall  be for a civil penalty not to exceed two hundred fifty
    56  dollars for each such violation.

        A. 8644--A                          4
 
     1    2. Any person who owns a property other than  a  one  to  four  family
     2  dwelling  and  who  violates  any  of the provisions of, or who fails to
     3  perform any duty imposed by article 18 of this chapter, or any  rule  or
     4  regulation  promulgated pursuant thereto, shall be liable in the case of
     5  a  first  violation,  for  a  civil  penalty  not to exceed five hundred
     6  dollars for each such violation. In the case of a second and any contin-
     7  uing or further violation, the liability shall be for  a  civil  penalty
     8  not to exceed one thousand dollars for each such violation.
     9  § 71-4503. Enforcement of article 18 of this chapter.
    10    In  the  exercise  of any of the powers and duties conferred by law, a
    11  governing body of a municipality of the state may enforce the provisions
    12  of article 18 of this chapter.
    13    § 4. This act shall take effect January 1, 2025. Effective  immediate-
    14  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    15  necessary for the implementation of this act on its effective  date  are
    16  authorized to be made and completed on or before such effective date.
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