Bill Text: NY A05632 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regulates outdoor night lighting to preserve and enhance the state's dark sky.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2024-01-03 - referred to codes [A05632 Detail]

Download: New_York-2023-A05632-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5632

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 20, 2023
                                       ___________

        Introduced  by  M. of A. FAHY, STECK, SEAWRIGHT, SIMON, BURDICK, THIELE,
          JACOBSON, GLICK, PAULIN -- 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
    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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02663-01-3
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     1  carbon  footprint,  and  preserving the aesthetic qualities of the night
     2  sky.
     3  § 18-0103. General definitions.
     4    For the purposes of this article, the following terms shall mean:
     5    1. "Outdoor lighting fixture" means an outdoor artificial illuminating
     6  device,  whether  permanent or portable, used for illumination or adver-
     7  tisement, including but not limited  to  searchlights,  spotlights,  and
     8  floodlights,  whether  for architectural lighting, parking lot lighting,
     9  landscape lighting, billboards or street lighting.
    10    2. "Shielded" means a fixture that is shielded in such a  manner  that
    11  light  rays  emitted  by  the  fixture, either directly from the lamp or
    12  indirectly from the fixture, are  projected  below  a  horizontal  plane
    13  running through the lowest point on the fixture where light is emitted.
    14    3. "Municipality" shall mean a county, city, town, or village.
    15    4.  "Governing  board"  includes the board of supervisors of a county,
    16  the town board of a town, the common council of a city, and the board of
    17  trustees of a village.
    18                                    TITLE 2
    19                              LIGHTING FIXTURES
    20  Section 18-0201. Shielding of outdoor lighting fixtures.
    21          18-0202. Nonconforming lighting fixtures.
    22          18-0203. Outdoor recreational facilities.
    23  § 18-0201. Shielding of outdoor lighting fixtures.
    24    All outdoor lighting fixtures shall be shielded after  January  first,
    25  two  thousand  twenty-six, including but not limited to outdoor lighting
    26  fixtures installed at residential, commercial, industrial, and municipal
    27  buildings and structures.
    28  § 18-0202. Nonconforming lighting fixtures.
    29    1. In addition to other exemptions provided in this  article,  outdoor
    30  lighting  fixtures not in compliance with the provisions of this article
    31  shall be allowed, provided that such fixtures  are  extinguished  by  an
    32  automatic  or manual shutoff device between the hours of eleven p.m. and
    33  sunrise or are motion-activated lights with  a  duration  of  less  than
    34  fifteen minutes and equipped with an automatic shutoff device.
    35    2.  The  department  may,  in  its discretion, exempt certain lighting
    36  fixtures from the requirements of this article if a shielded fixture  is
    37  not reasonably available.
    38  § 18-0203. Outdoor recreational facilities.
    39    No  outdoor recreational facility, whether public or private, shall be
    40  illuminated between the hours of eleven p.m. and five a.m. except for  a
    41  national  or international tournament or to conclude any recreational or
    42  sporting event or other activity that is in  progress  prior  to  eleven
    43  p.m.    at  a ballpark or field, outdoor amphitheater, arena, or similar
    44  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;
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     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                                   TITLE 4
    21                                 PREEMPTION
    22  Section 18-0401. Preemption.
    23  § 18-0401. Preemption.
    24    The  provisions  of  this  article are cumulative and supplemental and
    25  shall not apply within any municipality that,  by  ordinance  or  resol-
    26  ution, has adopted provisions restricting light pollution that are equal
    27  to or more stringent than the provisions of this article.
    28                                   TITLE 5
    29                          DEPARTMENT RESPONSIBILITY
    30  Section 18-0501. Department responsibility.
    31  § 18-0501. Department responsibility.
    32    1. The department shall develop educational materials to encourage the
    33  reduction of light pollution and shall make those materials available to
    34  the public.
    35    2.  The  department shall provide information regarding complying with
    36  the requirements of  this  article,  including  examples  of  conforming
    37  lighting  fixtures,  allowable  nonconforming lighting fixtures, and the
    38  provided exemptions and shall make  those  materials  available  to  the
    39  public.
    40    §  3.  Article  71 of the environmental conservation law is amended by
    41  adding a new title 45 to read as follows:
    42                                  TITLE 45
    43                          ENFORCEMENT OF ARTICLE 18
    44  Section 71-4501. Applicability of this title.
    45          71-4502. Civil sanction.
    46          71-4503. Enforcement of article 18 of this chapter.
    47  § 71-4501. Applicability of this title.
    48    In addition to the provisions of sections 71-0101, 71-0301 and title 5
    49  of this article the provisions of this title shall be applicable to  the
    50  enforcement of article 18 of this chapter.
    51  § 71-4502. Civil sanction.
    52    1.  Any person who owns a one to four family dwelling and violates any
    53  of the provisions of, or who fails to perform any duty imposed by  arti-
    54  cle  18  of this chapter, or any rule or regulation promulgated pursuant
    55  thereto, shall be liable in the case of a first violation, for  a  civil
    56  penalty  not  to  exceed one hundred dollars for each such violation. In
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     1  the case of a second  and  any  continuing  or  further  violation,  the
     2  liability  shall  be for a civil penalty not to exceed two hundred fifty
     3  dollars for each such violation.
     4    2.  Any  person  who  owns  a property other than a one to four family
     5  dwelling and who violates any of the provisions  of,  or  who  fails  to
     6  perform  any  duty imposed by article 18 of this chapter, or any rule or
     7  regulation promulgated pursuant thereto, shall be liable in the case  of
     8  a  first  violation,  for  a  civil  penalty  not to exceed five hundred
     9  dollars for each such violation. In the case of a second and any contin-
    10  uing or further violation, the liability shall be for  a  civil  penalty
    11  not to exceed one thousand dollars for each such violation.
    12  § 71-4503. Enforcement of article 18 of this chapter.
    13    In  the  exercise  of any of the powers and duties conferred by law, a
    14  governing body of a municipality of the state may enforce the provisions
    15  of article 18 of this chapter.
    16    § 4. This act shall take effect January 1, 2026. Effective  immediate-
    17  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    18  necessary for the implementation of this act on its effective  date  are
    19  authorized to be made and completed on or before such effective date.