Bill Text: NY S04105 | 2011-2012 | General Assembly | Amended


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 (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04105 Detail]

Download: New_York-2011-S04105-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4105--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 17, 2011
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Environmental Conser-
         vation -- committee discharged, bill  amended,  ordered  reprinted  as
         amended and recommitted to said committee
       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-
   21  TIONAL, AND COMMERCIAL ENDEAVORS NOW GO FORWARD WITH AN EASE AND FREEDOM
   22  UNIMAGINABLE  IN  EARLIER  TIMES.  AS  THE  SCIENCE OF LIGHTING EVOLVED,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07346-02-1
       S. 4105--A                          2
    1  HOWEVER, TECHNICAL ADVANCEMENTS GRADUALLY OUTSTRIPPED THE BASIC REQUIRE-
    2  MENT OF PROVIDING ADEQUATE ILLUMINATION FOR THE TASK AT HAND.  AT  LEAST
    3  IN  THE  CASE OF OUTDOOR LIGHTING, THERE IS NOW GROWING RECOGNITION THAT
    4  THE CONSEQUENCES ARE NOT ALTOGETHER BENIGN.
    5    INCREASING  SCIENTIFIC  AND  EXPERIENTIAL  EVIDENCE  DEMONSTRATES THAT
    6  MISDIRECTED, UNSHIELDED, EXCESSIVE OR UNNECESSARY OUTDOOR NIGHT LIGHTING
    7  HAS MAJOR DETRIMENTAL EFFECTS. ENERGY IS  WASTED  WHEN  ILLUMINATION  IS
    8  USED EXCESSIVELY AND INEFFICIENTLY, CAUSING UNNECESSARY HEALTH-THREATEN-
    9  ING  EMISSIONS FROM BURNING OF FOSSIL FUELS. SUCH EMISSIONS ALSO POLLUTE
   10  THE STATE'S WATERS AND CONTRIBUTE TO GLOBAL WARMING.
   11    BECAUSE THE HUMAN EYE AUTOMATICALLY ADJUSTS TO THE BRIGHTEST LIGHT  IN
   12  VIEW,  THE  GLARE FROM UNSHIELDED OR EXCESSIVELY BRIGHT OUTDOOR LIGHTING
   13  CAN ACTUALLY INTERFERE WITH THE CLEAR PERCEPTION  OF  OTHER  OBJECTS  IN
   14  ONE'S FIELD OF VISION.
   15    INAPPROPRIATE  USE  OF  OUTDOOR LIGHTING CAN HAVE A NEGATIVE IMPACT ON
   16  THE NATURAL ENVIRONMENT, INTERFERING WITH NORMAL PATTERNS  OF  ACTIVITY,
   17  BEHAVIOR  AND  PHYSIOLOGY OF FLORA AND FAUNA.  RECENT RESEARCH HAS INDI-
   18  CATED THAT EXPOSURE TO LIGHT AT NIGHT CAN UPSET NORMAL  HUMAN  CIRCADIAN
   19  RHYTHMS,  THEREBY DISRUPTING HORMONE SECRETIONS AND WEAKENING THE BODY'S
   20  IMMUNE SYSTEM.
   21    IN ADDITION, SKY GLOW FROM UNSHIELDED AND UNNECESSARY OUTDOOR LIGHTING
   22  THWARTS THE AGES-OLD HUMAN YEARNING TO GAZE AT, LEARN FROM AND ENJOY THE
   23  WONDERS OF THE NIGHT SKY.
   24    THE LEGISLATURE FURTHER FINDS THAT COST-EFFICIENT MEANS AND  PRACTICES
   25  EXIST  THROUGH  APPROPRIATE  USE OF LUMINAIRES TO PROVIDE ADEQUATE NIGHT
   26  LIGHTING WHEN NEEDED THAT IS SAFE AND EFFECTIVE BUT CAUSES MINIMAL LIGHT
   27  TRESPASS, GLARE, AND SKY GLOW. THESE MEANS AND  PRACTICES  ARE  POSSIBLE
   28  WITH  INCREASED  PUBLIC  AWARENESS  THROUGH EDUCATION AND PRUDENT PUBLIC
   29  ACTION AS PROVIDED IN THIS ARTICLE.
   30    THEREFORE, IT IS THE PURPOSE OF THIS ARTICLE TO BEGIN  LIMITING  LIGHT
   31  POLLUTION  IN THE STATE IN A COST-EFFECTIVE AND SOCIALLY FEASIBLE MANNER
   32  IN ORDER TO PROTECT PUBLIC HEALTH, SAFETY AND THE ENVIRONMENT.
   33  S 20-0103. SHORT TITLE.
   34    THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "HEALTHY, SAFE AND
   35  ENERGY EFFICIENT OUTDOOR LIGHTING ACT".
   36  S 20-0105. DEFINITIONS.
   37    AS USED IN THIS ARTICLE:
   38    1. "LUMINAIRE" MEANS A COMPLETE LIGHTING UNIT,  INCLUDING  A  LAMP  OR
   39  LAMPS TOGETHER WITH THE PARTS DESIGNED TO DISTRIBUTE THE LIGHT, TO POSI-
   40  TION  AND  PROTECT  THE  LAMPS,  AND  TO  CONNECT THE LAMPS TO THE POWER
   41  SUPPLY; A LIGHT FIXTURE.
   42    2. "GLARE" MEANS LIGHT EMITTED BY  A  LUMINAIRE  THAT  CAUSES  REDUCED
   43  VISIBILITY  OR  MOMENTARY BLINDNESS BY SHINING DIRECTLY INTO THE EYES OF
   44  THE VIEWER.
   45    3. "LAMP" MEANS THE COMPONENT OF A LUMINAIRE THAT  PRODUCES  LIGHT;  A
   46  LIGHT BULB.
   47    4.  "LIGHT  POLLUTION"  MEANS  ANY  ADVERSE EFFECT OF OUTDOOR LIGHTING
   48  INCLUDING, BUT NOT LIMITED TO, GLARE AND SKY GLOW.
   49    5. "LUMEN" MEANS THE UNIT OF MEASUREMENT USED TO QUANTIFY  THE  AMOUNT
   50  OF  LIGHT  PRODUCED  BY  A LAMP OR EMITTED FROM A LUMINAIRE, AS DISTINCT
   51  FROM "WATT", A MEASURE OF POWER CONSUMPTION.
   52    6. "FULLY  SHIELDED  LUMINAIRE"  MEANS  A  LUMINAIRE  CONSTRUCTED  AND
   53  INSTALLED IN SUCH A MANNER THAT ALL LIGHT EMITTED BY IT, EITHER DIRECTLY
   54  FROM  THE  LAMP  OR  A DIFFUSING ELEMENT, OR INDIRECTLY BY REFLECTION OR
   55  REFRACTION FROM ANY PART OF THE LUMINAIRE, IS PROJECTED BELOW A HORIZON-
   56  TAL PLANE THROUGH THE LUMINAIRE'S LOWEST LIGHT EMITTING PART.
       S. 4105--A                          3
    1    7. "PERMANENT OUTDOOR LUMINAIRE" MEANS  ANY  LUMINAIRE  OR  SYSTEM  OF
    2  LUMINAIRES THAT IS OUTDOORS AND THAT IS USED FOR MORE THAN TEN DAYS IN A
    3  THREE HUNDRED SIXTY-FIVE DAY PERIOD.
    4    8.  "ROADWAY  LIGHTING"  MEANS  PERMANENT  OUTDOOR LUMINAIRES THAT ARE
    5  SPECIFICALLY INTENDED TO ILLUMINATE ROADWAYS FOR AUTOMOTIVE VEHICLES.
    6    9. "CONTINUOUS ROADWAY LIGHTING DESIGN" MEANS  A  LIGHTING  PLAN  THAT
    7  ESTIMATES LIGHT ON A ROADWAY FROM CALCULATIONS UTILIZING FACTORS INCLUD-
    8  ING,  BUT  NOT  LIMITED  TO, A PARTICULAR LUMINAIRE, MOUNTING HEIGHT, OR
    9  POLE SPACING, IN ORDER TO MEET A SPECIFIED GOAL SUCH AS MINIMUM LIGHTING
   10  LEVEL, UNIFORMITY, OR SMALL-TARGET VISIBILITY. LIGHTING PLACED  ONLY  AT
   11  INTERSECTIONS  OR  OTHER  POTENTIALLY  HAZARDOUS  LOCATIONS SHALL NOT BE
   12  CONSIDERED CONTINUOUS.
   13    10. "SKY GLOW" MEANS  THE  ILLUMINATION  OF  THE  NIGHTTIME  SKY  THAT
   14  RESULTS  FROM UPWARD SHINING LIGHT, WHICH IS REFLECTED OFF MOLECULES AND
   15  PARTICLES OF DIRT AND MOISTURE IN THE ATMOSPHERE.
   16  S 20-0107. PERMANENT OUTDOOR LUMINAIRE.
   17    1. NO STATE AGENCY OR PUBLIC CORPORATION OPERATING IN THE STATE  SHALL
   18  INSTALL  OR  CAUSE  TO  BE  INSTALLED  ANY  NEW OR REPLACEMENT PERMANENT
   19  OUTDOOR LUMINAIRE UNLESS THE FOLLOWING CONDITIONS ARE MET:
   20    (A) ANY LUMINAIRE WITH A LAMP OR LAMPS  HAVING  TOTAL  INITIAL  OUTPUT
   21  GREATER  THAN 1800 LUMENS SHALL BE FULLY SHIELDED, EXCEPT THAT A HISTOR-
   22  IC-STYLE DECORATIVE LUMINAIRE MAY EMIT UP TO TWO PERCENT  OF  ITS  TOTAL
   23  LUMENS ABOVE THE HORIZONTAL PLANE;
   24    (B)  IF  A LIGHTING RECOMMENDATION PUBLISHED BY THE ILLUMINATING ENGI-
   25  NEERING SOCIETY OF NORTH AMERICA APPLIES, FULL CONSIDERATION IS GIVEN TO
   26  THE MINIMUM MAINTAINED LIGHT LEVEL ADEQUATE TO MEET THE RECOMMENDATION;
   27    (C) IF NO SUCH LIGHTING RECOMMENDATION APPLIES, NO MORE THAN THE MINI-
   28  MUM MAINTAINED LIGHT LEVEL ADEQUATE FOR THE INTENDED PURPOSE IS USED;
   29    (D) FOR ROADWAY LIGHTING UNASSOCIATED WITH INTERSECTIONS,  A  DETERMI-
   30  NATION IS MADE THAT THE PURPOSE OF THE LIGHTING INSTALLATION OR REPLACE-
   31  MENT  CANNOT  BE ACHIEVED BY INSTALLATION OF REFLECTORIZED ROADWAY MARK-
   32  ERS, LINES, WARNINGS OR INFORMATIONAL SIGNS, OR OTHER PASSIVE MEANS;
   33    (E) ADEQUATE CONSIDERATION HAS BEEN GIVEN  TO  CONSERVING  ENERGY  AND
   34  MINIMIZING GLARE AND SKY GLOW; AND
   35    (F)  THE  NEW  OR REPLACEMENT LUMINAIRE MEETS THE LUMINAIRE EFFICIENCY
   36  AND LAMP LUMINOUS EFFICACY STANDARDS DEVELOPED PURSUANT  TO  SUBDIVISION
   37  FIVE OF THIS SECTION.
   38    2.  THE  FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF
   39  SUBDIVISION ONE OF THIS SECTION:
   40    (A) SITUATIONS WHERE FEDERAL LAWS, RULES AND REGULATIONS TAKE  PRECED-
   41  ENCE; AND
   42    (B) SITUATIONS WHERE FIRE, POLICE, RESCUE, OR REPAIR PERSONNEL INCLUD-
   43  ING  UTILITY  PERSONNEL  NEED  LIGHT  FOR  TEMPORARY EMERGENCIES OR ROAD
   44  REPAIR WORK.
   45    3. THE FOLLOWING SITUATIONS SHALL BE EXEMPT FROM THE  REQUIREMENTS  OF
   46  PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION:
   47    (A)  THE  LUMINAIRE IS A REPLACEMENT FOR A LUMINAIRE THAT IS PART OF A
   48  CONTINUOUS ROADWAY LIGHTING DESIGN;
   49    (B) THE LUMINAIRE IS A HISTORIC-STYLE DECORATIVE  LUMINAIRE  WHICH  IS
   50  PART  OF  A  CONTINUOUS ROADWAY LIGHTING DESIGN WHERE THE REPLACEMENT OF
   51  THE LUMINAIRE PIECEMEAL WITH  COMPLIANT  LUMINAIRES  WOULD  UNACCEPTABLY
   52  DEGRADE THE AESTHETIC CHARACTERISTICS OF THE EXISTING LIGHTING DESIGN;
   53    (C)  SITUATIONS  WHERE  THERE ARE SPECIAL REQUIREMENTS, SUCH AS SPORTS
   54  FACILITIES,  TUNNELS,  TRAFFIC  CONTROL  DEVICES,  NAVIGATION  LIGHTING,
   55  AIRPORTS,  UNDERBRIDGE LIGHTING, NATURAL AND CULTURAL MONUMENTS, OR FLAG
   56  LIGHTING; PROVIDED, HOWEVER, THAT ALL SUCH LIGHTING  SHALL  BE  SELECTED
       S. 4105--A                          4
    1  AND  INSTALLED TO SHIELD THE LAMP OR LAMPS FROM DIRECT VIEW AND TO MINI-
    2  MIZE UPWARD LIGHTING AND GLARE TO THE GREATEST EXTENT POSSIBLE; AND
    3    (D)  SITUATIONS  WHERE  A WRITTEN DETERMINATION WITH FINDINGS HAS BEEN
    4  MADE THAT A SPECIFIED EXEMPTION TO ANY REQUIREMENT OF SUBDIVISION ONE OF
    5  THIS SECTION IS NECESSARY AND APPROPRIATE FOR A COMPELLING SAFETY INTER-
    6  EST THAT CANNOT BE ADEQUATELY ADDRESSED BY ANY OTHER METHOD. WHERE  THIS
    7  EXEMPTION IS FOR A STATE AGENCY OR STATE PUBLIC CORPORATION, THE WRITTEN
    8  DETERMINATION SHALL BE MADE BY THE CHIEF EXECUTIVE OFFICER OF THE AGENCY
    9  OR  CORPORATION  OR  HIS OR HER DESIGNEE.   WHERE THE EXEMPTION IS FOR A
   10  COUNTY, CITY, TOWN, OR VILLAGE, OR A  PUBLIC  CORPORATION  THEREIN,  THE
   11  WRITTEN DETERMINATION SHALL BE MADE BY THE APPROPRIATE COUNTY EXECUTIVE,
   12  MAYOR, SUPERVISOR, OR CHIEF EXECUTIVE OFFICER OR HIS OR HER DESIGNEE.
   13    4.  THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TRANSPORTA-
   14  TION AND THE OFFICE OF GENERAL SERVICES AND GIVING CONSIDERATION TO  THE
   15  RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
   16  NORTH AMERICA, SHALL ESTABLISH RULES TO IMPLEMENT THE PROVISIONS OF THIS
   17  SECTION,  INCLUDING  A  SYSTEM TO ENSURE THAT THE USE OF STATE FUNDS FOR
   18  STREET LIGHTING COMPLIES WITH THE  REQUIREMENTS  SET  FORTH  HEREIN  AND
   19  SHALL PROVIDE FOR THE WIDE DISSEMINATION OF THIS INFORMATION.
   20    5.  THE  COMMISSIONER,  IN CONSULTATION WITH THE NEW YORK STATE ENERGY
   21  RESEARCH AND DEVELOPMENT AUTHORITY, SHALL DEVELOP  LUMINAIRE  EFFICIENCY
   22  AND  LAMP  LUMINOUS EFFICACY STANDARDS FOR LIGHTING REGULATED UNDER THIS
   23  SECTION. FOR PURPOSES OF THIS SECTION "LUMINAIRE EFFICIENCY" SHALL  MEAN
   24  THE  PERCENTAGE  OF  LUMENS  GENERATED  BY A LAMP WHICH ACTUALLY LEAVE A
   25  LUMINAIRE; AND "LAMP LUMINOUS EFFICACY" SHALL MEAN THE AMOUNT  OF  LIGHT
   26  GENERATED  BY  A LAMP/BALLAST SYSTEM (IN LUMENS) DIVIDED BY THE POWER IT
   27  USES (IN WATTS).  SUCH STANDARDS SHALL BE PROMULGATED ON OR  BEFORE  THE
   28  EFFECTIVE  DATE OF THIS ARTICLE AND SHALL TAKE EFFECT ONE HUNDRED EIGHTY
   29  DAYS AFTER SUCH EFFECTIVE DATE.
   30    6. IN RECOGNITION OF THE ONGOING RESEARCH INTO AND DEVELOPMENT OF  NEW
   31  TECHNOLOGIES IN THE OUTDOOR LIGHTING FIELD, THE DEPARTMENT, IN CONSULTA-
   32  TION  WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
   33  SHALL REPORT TO THE LEGISLATURE REGARDING NEW FINDINGS FROM RESEARCH AND
   34  NEW TECHNOLOGIES THAT MAY AFFECT THE PROVISIONS OF  THIS  ARTICLE.  SUCH
   35  REPORTING MAY INCLUDE RECOMMENDED AMENDMENTS TO THIS ARTICLE TO INCREASE
   36  ITS  EFFECTIVENESS  IN  IMPLEMENTING  THE PURPOSES OF ACHIEVING HEALTHY,
   37  SAFE AND ENERGY EFFICIENT OUTDOOR LIGHTING.
   38  S 20-0109. DARK-SKY PRESERVES.
   39    1. THE COMMISSIONER IN CONSULTATION WITH AFFECTED STATE  AGENCIES  AND
   40  LOCAL  AUTHORITIES  MAY  IDENTIFY  AND  NOMINATE AS "DARK-SKY PRESERVES"
   41  AREAS OF THE STATE WHICH ARE ESPECIALLY SUITABLE FOR ASTRONOMICAL OBSER-
   42  VATIONS AND/OR WHICH PROVIDE, DUE TO THEIR DARKNESS, NOCTURNAL  BENEFITS
   43  TO FLORA AND FAUNA, OR TO CITIZENS DESIRING VIEWS OF UNPOLLUTED OR RELA-
   44  TIVELY UNPOLLUTED NIGHT SKIES.
   45    2.  WITHIN  EIGHTEEN  MONTHS  OF  THE NOMINATION OF THE FIRST DARK-SKY
   46  PRESERVE, THE COMMISSIONER SHALL PREPARE AND SUBMIT TO THE GOVERNOR  AND
   47  LEGISLATURE  FOR  REVIEW  AND APPROVAL A PROPOSED PLAN TO PRESERVE THESE
   48  AREAS AS NECESSARY AND APPROPRIATE TO PROTECT ASTRONOMICAL  OBSERVATIONS
   49  AND/OR FLORA AND FAUNA.
   50  S 20-0111. MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE.
   51    THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  NEW YORK STATE ENERGY
   52  RESEARCH AND DEVELOPMENT AUTHORITY,  THE  SECRETARY  OF  STATE  AND  THE
   53  COMMISSIONERS  OF  TRANSPORTATION  AND  THE  OFFICE OF GENERAL SERVICES,
   54  SHALL PREPARE OR CAUSE TO BE PREPARED AND DISTRIBUTED TO  CITIES,  TOWNS
   55  AND  VILLAGES  A  MODEL COMPREHENSIVE OUTDOOR LIGHTING ORDINANCE FOR THE
       S. 4105--A                          5
    1  PURPOSE OF SAVING ENERGY, REDUCING UNNECESSARY GLARE AND REDUCING UNNEC-
    2  ESSARY SKY GLOW.
    3  S 20-0113. INFORMATIONAL PAMPHLET.
    4    THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE  NEW YORK STATE ENERGY
    5  RESEARCH AND DEVELOPMENT  AUTHORITY  AND  GIVING  CONSIDERATION  TO  THE
    6  RECOMMENDED PRACTICES ADOPTED BY THE ILLUMINATING ENGINEERING SOCIETY OF
    7  NORTH  AMERICA,  SHALL  DEVELOP AND DISTRIBUTE TO EVERY MUNICIPALITY AND
    8  EVERY ELECTRIC CORPORATION OR MUNICIPALITY PROVIDING ELECTRIC SERVICE IN
    9  THIS STATE A PAMPHLET CONTAINING INFORMATION REGARDING THE PROVISIONS OF
   10  THIS ARTICLE WITH RESPECT TO OUTDOOR LIGHTING.
   11  S 20-0115. APPLICABILITY.
   12    1. THE PROVISIONS OF THIS ARTICLE ARE CUMULATIVE AND SUPPLEMENTAL  AND
   13  SHALL  NOT APPLY WITHIN ANY COUNTY OR MUNICIPALITY THAT, BY ORDINANCE OR
   14  RESOLUTION, HAS ADOPTED PROVISIONS RESTRICTING LIGHT POLLUTION THAT  ARE
   15  AS, OR MORE, STRINGENT THAN THE PROVISIONS OF THIS ARTICLE.
   16    2.  NO  PROVISION  OF THIS ARTICLE SHALL BE CONSTRUED AS TO PERMIT THE
   17  PRACTICE OF ARCHITECTURE AS SUCH PRACTICE IS DEFINED IN  SECTION  SEVEN-
   18  TY-THREE  HUNDRED ONE OF THE EDUCATION LAW, OR THE PRACTICE OF ENGINEER-
   19  ING AS SUCH PRACTICE IS DEFINED IN SECTION SEVENTY-TWO  HUNDRED  ONE  OF
   20  THE EDUCATION LAW.
   21    S  2.  Section 44 of the public service law is amended by adding a new
   22  subdivision 6 to read as follows:
   23    6. THE COMMISSION SHALL REQUIRE EVERY ELECTRIC CORPORATION OR  MUNICI-
   24  PALITY  PROVIDING ELECTRIC SERVICE TO SEND TO EACH CUSTOMER IN ITS BILLS
   25  A COPY OF THE INFORMATIONAL PAMPHLET RELATING TO OUTDOOR LIGHTING DEVEL-
   26  OPED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION
   27  20-0113 OF THE ENVIRONMENTAL  CONSERVATION  LAW.  THE  COMMISSION  SHALL
   28  COORDINATE  WITH  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO ENSURE
   29  THAT EVERY ELECTRIC  CORPORATION  AND  MUNICIPALITY  PROVIDING  ELECTRIC
   30  SERVICE  SHALL RECEIVE AN ADEQUATE SUPPLY OF SUCH PAMPHLETS SUITABLE FOR
   31  DISTRIBUTION TO ITS CUSTOMERS IN THEIR UTILITY BILLS.
   32    S 3. This act shall take effect on the first of January next  succeed-
   33  ing  the  date upon which it shall have become a law; provided, however,
   34  that effective immediately, the addition, amendment and/or repeal of any
   35  rule or regulation or development of any  standards  necessary  for  the
   36  implementation  of  this  act  on its effective date is authorized to be
   37  made and completed on  or  before  such  effective  date;  and  provided
   38  further that on and after the date on which this act shall have become a
   39  law  every  state  agency  and  public corporation shall comply with the
   40  requirements of paragraphs (a) through (e) of subdivision 1  of  section
   41  20-0107 of the environmental conservation law as added by section one of
   42  this act, but provided further that this act shall not apply to projects
   43  for  the  installation  or  replacement  of permanent outdoor luminaires
   44  which have already received final design approval prior to the effective
   45  date of this act.
feedback