BILL NUMBER: S5007
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
enacting the dark skies protection act
 
PURPOSE:
To regulate outdoor night lighting to preserve and enhance the state's
dark sky.
 
SUMMARY OF SPECIFIC 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 18-0401 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 § 18-0501 of Article 18 concerns local preemption and estab-
lishes that the act shall not apply within a municipality that has
adopted equal or more restrictive provisions regarding light pollution.
Section § 18-0601 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 creates a new Title 45 within article 71 of the
environmental conservation law and provides for the enforcement of arti-
cle 18 of the ECL.
Section 4 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 pervasive 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.
A night sky without artificial light is also critical for other wild-
life. Excessive light can confuse and harm wildlife that relies on a
natural day and night cycles for reproduction, nourishment, sleep, and
protection from predators. Nocturnal animals, amphibians that breed at
night, and insects attracted to artificial light are all significantly
impacted by artificial lighting.
Light pollution also contributes to climate change by wasting electric-
ity produced by fossil fuels. The International Dark Sky Association
estimates that at least thirty percent of all outdoor lighting in the
United States alone is wasted - primarily by lights that aren't shield-
ed. That wasted light adds up to $3.3 billion in lost electricity costs
and the release of twenty-one million tons of carbon dioxide per year.
New York State enacted Lights Out legislation in 2014, which successful-
ly reduced excess light from state-owned buildings. It's time for us to
build on that success that by reducing excess light throughout the
state.
 
LEGISLATIVE HISTORY:
S.583 of 2023-2024 (Hoylman-Sigal): Died in Environmental Conservation
 
FISCAL IMPLICATIONS: None.
 
EFFECTIVE DATE:
This act shall take effect on January 1, 2026. Effective immediately,
the commissioner of the department of environmental conservation may
make regulations and take other actions reasonably necessary to imple-
ment this act on that date.