Bill Text: NY A00751 | 2013-2014 | General Assembly | Introduced


Bill Title: Enacts the healthy, safe and energy efficient outdoor lighting act to reduce harmful outdoor lighting; sets standards for outdoor lighting; provides for the designation of dark-sky preserves; provides for distribution to customers by electric corporations or municipalities providing electric service of an informational pamphlet relating to outdoor lighting.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2014-01-08 - referred to environmental conservation [A00751 Detail]

Download: New_York-2013-A00751-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          751
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. ROSENTHAL, ENGLEBRIGHT, PAULIN, LUPARDO, CAHILL,
         BROOK-KRASNY -- Multi-Sponsored by --  M.  of  A.  ABINANTI,  BOYLAND,
         BRENNAN,   DINOWITZ,  GABRYSZAK,  GALEF,  GLICK,  GOTTFRIED,  MILLMAN,
         O'DONNELL, ORTIZ, SWEENEY -- read once and referred to  the  Committee
         on Environmental Conservation
       AN  ACT  to  amend  the  environmental  conservation  law and the public
         service law, in relation to enacting  the  healthy,  safe  and  energy
         efficient outdoor lighting act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The environmental conservation law is amended by adding  a
    2  new article 20 to read as follows:
    3                                 ARTICLE 20
    4           HEALTHY, SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING ACT
    5  SECTION 20-0101. LEGISLATIVE FINDINGS AND POLICY.
    6          20-0103. SHORT TITLE.
    7          20-0105. DEFINITIONS.
    8          20-0107. PERMANENT OUTDOOR LUMINAIRE.
    9          20-0109. DARK-SKY PRESERVES.
   10          20-0111. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
   11          20-0113. INFORMATIONAL PAMPHLET.
   12          20-0115. APPLICABILITY.
   13  S 20-0101. LEGISLATIVE FINDINGS AND POLICY.
   14    THE  LEGISLATURE  FINDS THAT CAREFUL MANAGEMENT OF OUTDOOR LIGHTING IS
   15  NECESSARY TO PROTECT THE HEALTH, SAFETY,  ENERGY  SECURITY,  ENVIRONMENT
   16  AND GENERAL WELFARE OF THE PEOPLE OF THE STATE.
   17    UNTIL  THE  END  OF THE NINETEENTH CENTURY, WANING DAYLIGHT BROUGHT AN
   18  END TO MANY OF MANKIND'S ACTIVITIES.  THIS  BEGAN  TO  CHANGE  WITH  THE
   19  INTRODUCTION  OF  INCANDESCENT  LAMPS,  WHICH DRAMATICALLY INCREASED THE
   20  RANGE OF PURSUITS POSSIBLE AFTER DARK. CIVIC, SOCIAL,  CULTURAL,  EDUCA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02229-01-3
       A. 751                              2
    1  TIONAL, AND COMMERCIAL ENDEAVORS NOW GO FORWARD WITH AN EASE AND FREEDOM
    2  UNIMAGINABLE  IN  EARLIER  TIMES.  AS  THE  SCIENCE OF LIGHTING EVOLVED,
    3  HOWEVER, TECHNICAL ADVANCEMENTS GRADUALLY OUTSTRIPPED THE BASIC REQUIRE-
    4  MENT  OF  PROVIDING ADEQUATE ILLUMINATION FOR THE TASK AT HAND. AT LEAST
    5  IN THE CASE OF OUTDOOR LIGHTING, THERE IS NOW GROWING  RECOGNITION  THAT
    6  THE CONSEQUENCES ARE NOT ALTOGETHER BENIGN.
    7    INCREASING  SCIENTIFIC  AND  EXPERIENTIAL  EVIDENCE  DEMONSTRATES THAT
    8  MISDIRECTED, UNSHIELDED, EXCESSIVE OR UNNECESSARY OUTDOOR NIGHT LIGHTING
    9  HAS MAJOR DETRIMENTAL EFFECTS. ENERGY IS  WASTED  WHEN  ILLUMINATION  IS
   10  USED EXCESSIVELY AND INEFFICIENTLY, CAUSING UNNECESSARY HEALTH-THREATEN-
   11  ING  EMISSIONS FROM BURNING OF FOSSIL FUELS. SUCH EMISSIONS ALSO POLLUTE
   12  THE STATE'S WATERS AND CONTRIBUTE TO GLOBAL WARMING.
   13    BECAUSE THE HUMAN EYE AUTOMATICALLY ADJUSTS TO THE BRIGHTEST LIGHT  IN
   14  VIEW,  THE  GLARE FROM UNSHIELDED OR EXCESSIVELY BRIGHT OUTDOOR LIGHTING
   15  CAN ACTUALLY INTERFERE WITH THE CLEAR PERCEPTION  OF  OTHER  OBJECTS  IN
   16  ONE'S FIELD OF VISION.
   17    INAPPROPRIATE  USE  OF  OUTDOOR LIGHTING CAN HAVE A NEGATIVE IMPACT ON
   18  THE NATURAL ENVIRONMENT, INTERFERING WITH NORMAL PATTERNS  OF  ACTIVITY,
   19  BEHAVIOR  AND  PHYSIOLOGY OF FLORA AND FAUNA.  RECENT RESEARCH HAS INDI-
   20  CATED THAT EXPOSURE TO LIGHT AT NIGHT CAN UPSET NORMAL  HUMAN  CIRCADIAN
   21  RHYTHMS,  THEREBY DISRUPTING HORMONE SECRETIONS AND WEAKENING THE BODY'S
   22  IMMUNE SYSTEM.
   23    IN ADDITION, SKY GLOW FROM UNSHIELDED AND UNNECESSARY OUTDOOR LIGHTING
   24  THWARTS THE AGES-OLD HUMAN YEARNING TO GAZE AT, LEARN FROM AND ENJOY THE
   25  WONDERS OF THE NIGHT SKY.
   26    THE LEGISLATURE FURTHER FINDS THAT COST-EFFICIENT MEANS AND  PRACTICES
   27  EXIST  THROUGH  APPROPRIATE  USE OF LUMINAIRES TO PROVIDE ADEQUATE NIGHT
   28  LIGHTING WHEN NEEDED THAT IS SAFE AND EFFECTIVE BUT CAUSES MINIMAL LIGHT
   29  TRESPASS, GLARE, AND SKY GLOW. THESE MEANS AND  PRACTICES  ARE  POSSIBLE
   30  WITH  INCREASED  PUBLIC  AWARENESS  THROUGH EDUCATION AND PRUDENT PUBLIC
   31  ACTION AS PROVIDED IN THIS ARTICLE.
   32    THEREFORE, IT IS THE PURPOSE OF THIS ARTICLE TO BEGIN  LIMITING  LIGHT
   33  POLLUTION  IN THE STATE IN A COST-EFFECTIVE AND SOCIALLY FEASIBLE MANNER
   34  IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY AND THE ENVIRONMENT.
   35  S 20-0103. SHORT TITLE.
   36    THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTHY, SAFE AND
   37  ENERGY EFFICIENT OUTDOOR LIGHTING ACT".
   38  S 20-0105. DEFINITIONS.
   39    AS USED IN THIS ARTICLE:
   40    1. "LUMINAIRE" MEANS A COMPLETE LIGHTING UNIT,  INCLUDING  A  LAMP  OR
   41  LAMPS TOGETHER WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSI-
   42  TION  AND  PROTECT  THE  LAMPS,  AND  TO  CONNECT THE LAMPS TO THE POWER
   43  SUPPLY; A LIGHT FIXTURE.
   44    2. "GLARE" MEANS LIGHT EMITTED BY  A  LUMINAIRE  THAT  CAUSES  REDUCED
   45  VISIBILITY  OR  MOMENTARY BLINDNESS BY SHINING DIRECTLY INTO THE EYES OF
   46  THE VIEWER.
   47    3. "LAMP" MEANS THE COMPONENT OF A LUMINAIRE THAT  PRODUCES  LIGHT;  A
   48  LIGHT BULB.
   49    4.  "LIGHT  POLLUTION"  MEANS  ANY  ADVERSE EFFECT OF OUTDOOR LIGHTING
   50  INCLUDING, BUT NOT LIMITED TO, GLARE AND SKY GLOW.
   51    5. "LUMEN" MEANS THE UNIT OF MEASUREMENT USED TO QUANTIFY  THE  AMOUNT
   52  OF  LIGHT  PRODUCED  BY  A LAMP OR EMITTED FROM A LUMINAIRE, AS DISTINCT
   53  FROM "WATT", A MEASURE OF POWER CONSUMPTION.
   54    6. "FULLY  SHIELDED  LUMINAIRE"  MEANS  A  LUMINAIRE  CONSTRUCTED  AND
   55  INSTALLED IN SUCH A MANNER THAT ALL LIGHT EMITTED BY IT, EITHER DIRECTLY
   56  FROM  THE  LAMP  OR  A DIFFUSING ELEMENT, OR INDIRECTLY BY REFLECTION OR
       A. 751                              3
    1  REFRACTION FROM ANY PART OF THE LUMINAIRE, IS PROJECTED BELOW A HORIZON-
    2  TAL PLANE THROUGH THE LUMINAIRE'S LOWEST LIGHT EMITTING PART.
    3    7.  "PERMANENT  OUTDOOR  LUMINAIRE"  MEANS  ANY LUMINAIRE OR SYSTEM OF
    4  LUMINAIRES THAT IS OUTDOORS AND THAT IS USED FOR MORE THAN TEN DAYS IN A
    5  THREE HUNDRED SIXTY-FIVE DAY PERIOD.
    6    8. "ROADWAY LIGHTING" MEANS  PERMANENT  OUTDOOR  LUMINAIRES  THAT  ARE
    7  SPECIFICALLY INTENDED TO ILLUMINATE ROADWAYS FOR AUTOMOTIVE VEHICLES.
    8    9.  "CONTINUOUS  ROADWAY  LIGHTING  DESIGN" MEANS A LIGHTING PLAN THAT
    9  ESTIMATES LIGHT ON A ROADWAY FROM CALCULATIONS UTILIZING FACTORS INCLUD-
   10  ING, BUT NOT LIMITED TO, A PARTICULAR  LUMINAIRE,  MOUNTING  HEIGHT,  OR
   11  POLE SPACING, IN ORDER TO MEET A SPECIFIED GOAL SUCH AS MINIMUM LIGHTING
   12  LEVEL,  UNIFORMITY,  OR SMALL-TARGET VISIBILITY. LIGHTING PLACED ONLY AT
   13  INTERSECTIONS OR OTHER POTENTIALLY  HAZARDOUS  LOCATIONS  SHALL  NOT  BE
   14  CONSIDERED CONTINUOUS.
   15    10.  "SKY  GLOW"  MEANS  THE  ILLUMINATION  OF  THE NIGHTTIME SKY THAT
   16  RESULTS FROM UPWARD SHINING LIGHT, WHICH IS REFLECTED OFF MOLECULES  AND
   17  PARTICLES OF DIRT AND MOISTURE IN THE ATMOSPHERE.
   18  S 20-0107. PERMANENT OUTDOOR LUMINAIRE.
   19    1.  NO STATE AGENCY OR PUBLIC CORPORATION OPERATING IN THE STATE SHALL
   20  INSTALL OR CAUSE TO  BE  INSTALLED  ANY  NEW  OR  REPLACEMENT  PERMANENT
   21  OUTDOOR LUMINAIRE UNLESS THE FOLLOWING CONDITIONS ARE MET:
   22    (A)  ANY  LUMINAIRE  WITH  A LAMP OR LAMPS HAVING TOTAL INITIAL OUTPUT
   23  GREATER THAN 1800 LUMENS SHALL BE FULLY SHIELDED, EXCEPT THAT A  HISTOR-
   24  IC-STYLE  DECORATIVE  LUMINAIRE  MAY EMIT UP TO TWO PERCENT OF ITS TOTAL
   25  LUMENS ABOVE THE HORIZONTAL PLANE;
   26    (B) IF A LIGHTING RECOMMENDATION PUBLISHED BY THE  ILLUMINATING  ENGI-
   27  NEERING SOCIETY OF NORTH AMERICA APPLIES, FULL CONSIDERATION IS GIVEN TO
   28  THE MINIMUM MAINTAINED LIGHT LEVEL ADEQUATE TO MEET THE RECOMMENDATION;
   29    (C) IF NO SUCH LIGHTING RECOMMENDATION APPLIES, NO MORE THAN THE MINI-
   30  MUM MAINTAINED LIGHT LEVEL ADEQUATE FOR THE INTENDED PURPOSE IS USED;
   31    (D)  FOR  ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS, A DETERMI-
   32  NATION IS MADE THAT THE PURPOSE OF THE LIGHTING INSTALLATION OR REPLACE-
   33  MENT CANNOT BE ACHIEVED BY INSTALLATION OF REFLECTORIZED  ROADWAY  MARK-
   34  ERS, LINES, WARNINGS OR INFORMATIONAL SIGNS, OR OTHER PASSIVE MEANS;
   35    (E)  ADEQUATE  CONSIDERATION  HAS  BEEN GIVEN TO CONSERVING ENERGY AND
   36  MINIMIZING GLARE AND SKY GLOW; AND
   37    (F) THE NEW OR REPLACEMENT LUMINAIRE MEETS  THE  LUMINAIRE  EFFICIENCY
   38  AND  LAMP  LUMINOUS EFFICACY STANDARDS DEVELOPED PURSUANT TO SUBDIVISION
   39  FIVE OF THIS SECTION.
   40    2. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE  REQUIREMENTS  OF
   41  SUBDIVISION ONE OF THIS SECTION:
   42    (A)  SITUATIONS WHERE FEDERAL LAWS, RULES AND REGULATIONS TAKE PRECED-
   43  ENCE; AND
   44    (B) SITUATIONS WHERE FIRE, POLICE, RESCUE, OR REPAIR PERSONNEL INCLUD-
   45  ING UTILITY PERSONNEL NEED  LIGHT  FOR  TEMPORARY  EMERGENCIES  OR  ROAD
   46  REPAIR WORK.
   47    3.  THE  FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF
   48  PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION:
   49    (A) THE LUMINAIRE IS A REPLACEMENT FOR A LUMINAIRE THAT IS PART  OF  A
   50  CONTINUOUS ROADWAY LIGHTING DESIGN;
   51    (B)  THE  LUMINAIRE  IS A HISTORIC-STYLE DECORATIVE LUMINAIRE WHICH IS
   52  PART OF A CONTINUOUS ROADWAY LIGHTING DESIGN WHERE  THE  REPLACEMENT  OF
   53  THE  LUMINAIRE  PIECEMEAL  WITH  COMPLIANT LUMINAIRES WOULD UNACCEPTABLY
   54  DEGRADE THE AESTHETIC CHARACTERISTICS OF THE EXISTING LIGHTING DESIGN;
   55    (C) SITUATIONS WHERE THERE ARE SPECIAL REQUIREMENTS,  SUCH  AS  SPORTS
   56  FACILITIES,  TUNNELS,  TRAFFIC  CONTROL  DEVICES,  NAVIGATION  LIGHTING,
       A. 751                              4
    1  AIRPORTS, UNDERBRIDGE LIGHTING, NATURAL AND CULTURAL MONUMENTS, OR  FLAG
    2  LIGHTING;  PROVIDED,  HOWEVER,  THAT ALL SUCH LIGHTING SHALL BE SELECTED
    3  AND INSTALLED TO SHIELD THE LAMP OR LAMPS FROM DIRECT VIEW AND TO  MINI-
    4  MIZE UPWARD LIGHTING AND GLARE TO THE GREATEST EXTENT POSSIBLE; AND
    5    (D)  SITUATIONS  WHERE  A WRITTEN DETERMINATION WITH FINDINGS HAS BEEN
    6  MADE THAT A SPECIFIED EXEMPTION TO ANY REQUIREMENT OF SUBDIVISION ONE OF
    7  THIS SECTION IS NECESSARY AND APPROPRIATE FOR A COMPELLING SAFETY INTER-
    8  EST THAT CANNOT BE ADEQUATELY ADDRESSED BY ANY OTHER METHOD. WHERE  THIS
    9  EXEMPTION IS FOR A STATE AGENCY OR STATE PUBLIC CORPORATION, THE WRITTEN
   10  DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
   11  OR  CORPORATION  OR  HIS OR HER DESIGNEE.   WHERE THE EXEMPTION IS FOR A
   12  COUNTY, CITY, TOWN, OR VILLAGE, OR A  PUBLIC  CORPORATION  THEREIN,  THE
   13  WRITTEN DETERMINATION SHALL BE MADE BY THE APPROPRIATE COUNTY EXECUTIVE,
   14  MAYOR, SUPERVISOR, OR CHIEF EXECUTIVE OFFICER OR HIS OR HER DESIGNEE.
   15    4.  THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTA-
   16  TION AND THE OFFICE OF GENERAL SERVICES AND GIVING CONSIDERATION TO  THE
   17  RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
   18  NORTH AMERICA, SHALL ESTABLISH RULES TO IMPLEMENT THE PROVISIONS OF THIS
   19  SECTION,  INCLUDING  A  SYSTEM TO ENSURE THAT THE USE OF STATE FUNDS FOR
   20  STREET LIGHTING COMPLIES WITH THE  REQUIREMENTS  SET  FORTH  HEREIN  AND
   21  SHALL PROVIDE FOR THE WIDE DISSEMINATION OF THIS INFORMATION.
   22    5.  THE  COMMISSIONER,  IN CONSULTATION WITH THE NEW YORK STATE ENERGY
   23  RESEARCH AND DEVELOPMENT AUTHORITY, SHALL DEVELOP  LUMINAIRE  EFFICIENCY
   24  AND  LAMP  LUMINOUS EFFICACY STANDARDS FOR LIGHTING REGULATED UNDER THIS
   25  SECTION. FOR PURPOSES OF THIS SECTION "LUMINAIRE EFFICIENCY" SHALL  MEAN
   26  THE  PERCENTAGE  OF  LUMENS  GENERATED  BY A LAMP WHICH ACTUALLY LEAVE A
   27  LUMINAIRE; AND "LAMP LUMINOUS EFFICACY" SHALL MEAN THE AMOUNT  OF  LIGHT
   28  GENERATED  BY  A LAMP/BALLAST SYSTEM (IN LUMENS) DIVIDED BY THE POWER IT
   29  USES (IN WATTS).  SUCH STANDARDS SHALL BE PROMULGATED ON OR  BEFORE  THE
   30  EFFECTIVE  DATE OF THIS ARTICLE AND SHALL TAKE EFFECT ONE HUNDRED EIGHTY
   31  DAYS AFTER SUCH EFFECTIVE DATE.
   32    6. IN RECOGNITION OF THE ONGOING RESEARCH INTO AND DEVELOPMENT OF  NEW
   33  TECHNOLOGIES IN THE OUTDOOR LIGHTING FIELD, THE DEPARTMENT, IN CONSULTA-
   34  TION  WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
   35  SHALL REPORT TO THE LEGISLATURE REGARDING NEW FINDINGS FROM RESEARCH AND
   36  NEW TECHNOLOGIES THAT MAY AFFECT THE PROVISIONS OF  THIS  ARTICLE.  SUCH
   37  REPORTING MAY INCLUDE RECOMMENDED AMENDMENTS TO THIS ARTICLE TO INCREASE
   38  ITS  EFFECTIVENESS  IN  IMPLEMENTING  THE PURPOSES OF ACHIEVING HEALTHY,
   39  SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING.
   40  S 20-0109. DARK-SKY PRESERVES.
   41    1. THE COMMISSIONER IN CONSULTATION WITH AFFECTED STATE  AGENCIES  AND
   42  LOCAL  AUTHORITIES  MAY  IDENTIFY  AND  NOMINATE AS "DARK-SKY PRESERVES"
   43  AREAS OF THE STATE WHICH ARE ESPECIALLY SUITABLE FOR ASTRONOMICAL OBSER-
   44  VATIONS AND/OR WHICH PROVIDE, DUE TO THEIR DARKNESS, NOCTURNAL  BENEFITS
   45  TO FLORA AND FAUNA, OR TO CITIZENS DESIRING VIEWS OF UNPOLLUTED OR RELA-
   46  TIVELY UNPOLLUTED NIGHT SKIES.
   47    2.  WITHIN  EIGHTEEN  MONTHS  OF  THE NOMINATION OF THE FIRST DARK-SKY
   48  PRESERVE, THE COMMISSIONER SHALL PREPARE AND SUBMIT TO THE GOVERNOR  AND
   49  LEGISLATURE  FOR  REVIEW  AND APPROVAL A PROPOSED PLAN TO PRESERVE THESE
   50  AREAS AS NECESSARY AND APPROPRIATE TO PROTECT ASTRONOMICAL  OBSERVATIONS
   51  AND/OR FLORA AND FAUNA.
   52  S 20-0111. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
   53    THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  NEW YORK STATE ENERGY
   54  RESEARCH AND DEVELOPMENT AUTHORITY,  THE  SECRETARY  OF  STATE  AND  THE
   55  COMMISSIONERS  OF  TRANSPORTATION  AND  THE  OFFICE OF GENERAL SERVICES,
   56  SHALL PREPARE OR CAUSE TO BE PREPARED AND DISTRIBUTED TO  CITIES,  TOWNS
       A. 751                              5
    1  AND  VILLAGES  A  MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE FOR THE
    2  PURPOSE OF SAVING ENERGY, REDUCING UNNECESSARY GLARE AND REDUCING UNNEC-
    3  ESSARY SKY GLOW.
    4  S 20-0113. INFORMATIONAL PAMPHLET.
    5    THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  NEW YORK STATE ENERGY
    6  RESEARCH AND DEVELOPMENT  AUTHORITY  AND  GIVING  CONSIDERATION  TO  THE
    7  RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
    8  NORTH  AMERICA,  SHALL  DEVELOP AND DISTRIBUTE TO EVERY MUNICIPALITY AND
    9  EVERY ELECTRIC CORPORATION OR MUNICIPALITY PROVIDING ELECTRIC SERVICE IN
   10  THIS STATE A PAMPHLET CONTAINING INFORMATION REGARDING THE PROVISIONS OF
   11  THIS ARTICLE WITH RESPECT TO OUTDOOR LIGHTING.
   12  S 20-0115. APPLICABILITY.
   13    1. THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND SUPPLEMENTAL  AND
   14  SHALL  NOT APPLY WITHIN ANY COUNTY OR MUNICIPALITY THAT, BY ORDINANCE OR
   15  RESOLUTION, HAS ADOPTED PROVISIONS RESTRICTING LIGHT POLLUTION THAT  ARE
   16  AS, OR MORE, STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
   17    2.  NO  PROVISION  OF THIS ARTICLE SHALL BE CONSTRUED AS TO PERMIT THE
   18  PRACTICE OF ARCHITECTURE AS SUCH PRACTICE IS DEFINED IN  SECTION  SEVEN-
   19  TY-THREE  HUNDRED ONE OF THE EDUCATION LAW, OR THE PRACTICE OF ENGINEER-
   20  ING AS SUCH PRACTICE IS DEFINED IN SECTION SEVENTY-TWO  HUNDRED  ONE  OF
   21  THE EDUCATION LAW.
   22    S  2.  Section 44 of the public service law is amended by adding a new
   23  subdivision 6 to read as follows:
   24    6. THE COMMISSION SHALL REQUIRE EVERY ELECTRIC CORPORATION OR  MUNICI-
   25  PALITY  PROVIDING ELECTRIC SERVICE TO SEND TO EACH CUSTOMER IN ITS BILLS
   26  A COPY OF THE INFORMATIONAL PAMPHLET RELATING TO OUTDOOR LIGHTING DEVEL-
   27  OPED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION
   28  20-0113 OF THE ENVIRONMENTAL  CONSERVATION  LAW.  THE  COMMISSION  SHALL
   29  COORDINATE  WITH  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO ENSURE
   30  THAT EVERY ELECTRIC  CORPORATION  AND  MUNICIPALITY  PROVIDING  ELECTRIC
   31  SERVICE  SHALL RECEIVE AN ADEQUATE SUPPLY OF SUCH PAMPHLETS SUITABLE FOR
   32  DISTRIBUTION TO ITS CUSTOMERS IN THEIR UTILITY BILLS.
   33    S 3. This act shall take effect on the first of January next  succeed-
   34  ing  the  date upon which it shall have become a law; provided, however,
   35  that effective immediately, the addition, amendment and/or repeal of any
   36  rule or regulation or development of any  standards  necessary  for  the
   37  implementation  of  this  act  on its effective date is authorized to be
   38  made and completed on  or  before  such  effective  date;  and  provided
   39  further that on and after the date on which this act shall have become a
   40  law  every  state  agency  and  public corporation shall comply with the
   41  requirements of paragraphs (a) through (e) of subdivision 1  of  section
   42  20-0107 of the environmental conservation law as added by section one of
   43  this act, but provided further that this act shall not apply to projects
   44  for  the  installation  or  replacement  of permanent outdoor luminaires
   45  which have already received final design approval prior to the effective
   46  date of this act.
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