home

Archive for the 'legislation' Category

A7281/S2714: Healthy, Safe And Energy Efficient Outdoor Lighting Act

Wednesday, May 27th, 2009

The Earth at night. From nasa.gov.

Friend, fellow Syracuse Astronomical Society (SAS) member, vocal proponent of light pollution control and diminution, and favorite astronomy lecturer Prof. John McMahon forwarded the following email (from a post on the selene-ny.org website) on 24 June 2007:

Astrophiles,

Unfortunately for the citizens of the State of New York, the “Healthy, Safe and Energy Efficient Lighting Act,” designed to curb the excessive and misdirected outdoor lighting in public applications (street lights, especially) that has increasingly degraded our night skies, has failed for this legislative session.

The session ended on Thursday, 6/21/07.

Although the NY State Assembly passed the measure (A7438) by a wide margin, the leadership of the New York State Senate again did not allow the bill (S4364) to reach the Senate floor for a vote, effectively killing the bill until next year

Opposition from a variety of groups, including the NY Farm Bureau (which also successfully opposed legislation to limit open burning and burn barrels in the State) and the NY Council of Mayors (NYCOM), seemed to have played a major role.

Thanks to those who wrote in support of outdoor lighting regulation.

Be aware, however, that until we can gain a critical mass of consistent and vocal support for such bills in order to overcome the organized and well-funded opposition to a statewide initiative to reduce light pollution, we will see the continued degradation of the night skies all around us.

For updated information on the legislative efforts to reduce light pollution and to educate the citizenry about the problem, see the SELENE-NY website:

http://selene-ny.org

The New York State Assembly has already passed (by wide margin) the “Healthy, Safe and Energy Efficient Lighting Act” as A7438/S4364 (which I posted about previously with a bit more background).  That bill did not make it to the Senate floor for a vote before the end of the 2007 legislative session, meaning no action on it could be taken until the bill was reintroduced in (at the earliest) the next legislative session.  For 2009, we have “A7281/S2714: Healthy, Safe And Energy Efficient Outdoor Lighting Act,” the content of which is reproduced from the assembly.state.ny.us website below:

BILL NUMBER:A7281

TITLE  OF BILL:   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

PURPOSE  OR  GENERAL IDEA OF BILL: This bill provides for the management of outdoor night lighting to protect the nighttime environment,  enhance safety and security, and conserve energy.

SUMMARY  OF SPECIFIC PROVISIONS:  Section 1 adds a new Article 20 to the environmental conservation law, the Healthy, Safe and  Energy  Efficient Outdoor  Lighting  Act. Article 20 includes sections 20-0101 setting out legislative findings, section 20-0103 stating  a  short  title,  section 20-0105  defining  terms, section 20-0107 on permanent outdoor lighting, section 20-0109 on dark-sky  preserves,  section  20-111  requiring  the Department of Environmental Conservation (DEC), in consultation with the New  York Energy Research and Development Authority (NYSERDA) to develop and distribute a model comprehensive outdoor lighting ordinance, section 20-0113 requiring DEC, in  consultation  with  NYSERDA  to  develop  and distribute  a pamphlet promoting the bill’s goals of energy conservation and more effective night lighting and describing how the  provisions  of this bill will achieve them and section 20-0115 on applicability.

Section  2  directs  the Public Service Commission to require that every electric corporation or municipality providing electric service  include the educational pamphlets in its bills to customers.

Section 3 sets out the effective date.

JUSTIFICATION:  This bill is intended to limit excessive outdoor illumination. Excessive illumination wastes energy, intrudes on the privacy of others, creates glare which reduces the effect of lighting, deteriorates the natural nighttime environment, and reduces the ability for astronomical observation.

Outdoor lighting is used to illuminate roadways,  parking  lots,  yards, sidewalks,  public meeting areas, signs, work sites and buildings.  When well designed, it improves visibility, adds an  element  of  safety  and creates  a  sense  of security, while at the same time minimizing energy use and operating costs. If, however, it is not well designed it can  be costly,  inefficient,  counterproductive,  and  harmful to the nighttime environment.

Much of the outdoor lighting in use today wastes energy  because  it  is poorly  designed.  This waste results in both higher costs for providing such lighting and increased pollution from the power plants that produce the wasted electricity. It is conservatively estimated that $3  to  $4.5 billion a year is wasted in the United States in the unintended lighting of  the sky rather than the streets, walkways, and outdoor public spaces which the light was intended to illuminate.

In addition to wasting energy, poorly  designed  lighting  often  causes blinding  glare. Glare occurs when you see light directly from a fixture or bulb. The glare from poorly designed or positioned  lighting  hampers the  vision  of  drivers and pedestrians, reducing its effectiveness and creating  a  hazard rather than increasing safety. It shines onto neighboring properties and into nearby residences, reducing privacy,  hindering  sleep,  and  diminishing  the beauty of the natural surroundings in areas far removed from the source of such lighting. A large  portion  of such  lighting shines directly upward, creating the sky glow above population centers, adversely affecting the view of the night sky. In  addition  to  lowering  the cost of outdoor lighting, limiting sky glow will allow future generations to enjoy the beauty of the stars, and to  study and learn from or simply marvel at the wonders of the night sky.

This legislation addresses these problems in the following ways:

*  It  restricts  the  installation of new lighting by state agencies or public corporations operating in the state to fully-shielded luminaries. A fully shielded luminaire is constructed and installed in such a manner that all light emitted by it  is  projected  below  a  horizontal  plane through the lowest light emitting part of a light fixture.

*  It  exempts  replacement  of luminaires that are part of a continuous roadway lighting design from the requirement that  only  fully shielded luminaires be installed by state agencies and public corporations.

*  It  allows  the chief executive officer of any state agency or public corporation to exempt the state agency or public  corporation  from  the requirement that it install only fully shielded luminaires, based upon a written  determination  by the chief executive officer that a compelling safety interest requires that other types of lighting be installed.

* It exempts tunnel, airport, underbridge, traffic control, navigational and natural and cultural  monument  lighting  from  the  requirement to install fully shielded luminaires.

*  It  exempts historic-style decorative lighting if the installation of fully shielded luminaires detracts from the aesthetic character  of  the existing lighting.

* It allows historic-style decorative lighting to emit up to two percent of its lumens above the horizontal plane.

* It requires the commissioner, in consultation with NYSERDA, to develop luminaire  efficiency and lamp luminous efficacy standards by the effective date of the legislation and  requires  that  these  standards  take effect 180 days after the effective date of this legislation.

* It requires that the department in consultation with NYSERDA report to the  legislature on technological advances that affect the provisions of this article and  recommend  amendments  to  this  article  which  would increase its effectiveness in achieving the bill’s stated purposes.

*  It  empowers  the DEC commissioner to identify and nominate areas for “dark sky preserves” of the state.

*  It  exempts  state  agencies, public corporations and electric corporations providing roadway lighting under contract  to  a  public  corporation from light trespass restrictions.

* It exempts lighting done for security purposes pursuant to regulations of  the  Public Service Commission, ATM lighting done to comply with the minimum standards of section 75-c of the banking law and historic  theater lighting.

* It exempts lighting that is furthering an activity found to be a sound agricultural practice under the Right to Farm Law.

*  It requires the commissioner of DEC in consultation with NYSERDA, the Department of Agriculture and Markets and the Public Service Commission, to promulgate rules and regulations on light trespass.

* It requires the commissioner to prepare and distribute a model outdoor lighting ordinance to cities, towns, and villages throughout the state.

* It requires the commissioner, in consultation with NYSERDA, to develop and widely disseminate a pamphlet describing the purposes and provisions of this act.

PRIOR LEGISLATIVE HISTORY: 2008: A.7438A Passed  Assembly  2007:  A.7438 Passed  Assembly  2005-06:  A.7404 Passed Assembly 2004: A.6950-D Passed Assembly 2003:  A.6950C  Passed  Assembly  2002:  A.9757-B  Rules  2001: A.5352-B  Passed  Assembly  and  Senate  Vetoed  by  the  Governor 2000: A.6357-A Passed Assembly 1999:  A.6357-A En Con

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of January  next succeeding the date upon which it shall have become law.

The SAS has, through John McMahon’s efforts, again made our stance as crystal clear as a midnight Arizona New Moon Sky.  Our work continues as we try to get A7281/S2714 to the Senate floor for a vote this year.  Showing that it is not just the night owls in favor of this legislation, The Environmental Advocates of New York and The Citizens Campaign for the Environment both have a bit of information about their efforts to support A7281/S2714 online.  The official statement from the SAS is as follows:

Re: A7281/S2714

Dear Assemblywoman Rosenthal and Senator Thompson:

The members of the Syracuse Astronomical Society (SAS) strongly endorse A7281/S2714, the Healthy, Safe and Energy Efficient Outdoor Lighting Act, which would regulate outdoor lighting in the State for the general benefit of its citizens.

Our starry night skies are one of our most precious natural resources, inspiring young and old alike to contemplate the mysteries of the universe.  For over a half a century the SAS has reached out to the public here in Central New York to educate neighbors and visitors alike about the marvels of the heavens.  Unfortunately, in recent years our view of the cosmos has become increasingly degraded by misdirected and excessive outdoor illumination.

For the members of our society who observe from their own backyards this problem has become especially troublesome because of general sky brightness and from excessive light from nearer sources that intrudes onto their private property.  Likewise, for the SAS’s Darling Hill Observatory (located in a semi-rural location on Vesper Hill in the Town of Tully) the sky glow from Syracuse to the north and, increasingly, from the Cortland area to our south has progressively affected our view of larger and larger portions of the sky.

Despite the recent forward-looking actions of the Town of Tully in changing over its roadway lighting to full cutoff optics that reduce offensive and distracting glare, save energy, and reduce lighting costs by over 40%, and despite the enactment in 2007 of a town-wide outdoor lighting ordinance (Local Law #7), without decisive action to stem the process of needlessly and destructively lighting up the night elsewhere, the light pollution problem will only worsen.  It will not only continue to hamper our ability to bring the wonders of astronomy to others, but it will also continue to degrade the nocturnal environment and to waste precious energy and taxpayer dollars.

The Healthy, Safe and Energy Efficient Outdoor Lighting Act would begin the process of restoring the glories of the night sky to everyone and will help us to continue our educational mission.  It will render other benefits to the general population as well.

Therefore, the Syracuse Astronomical Society formally urges all members of the New York State Legislature to act promptly and decisively to pass A7281/S2714, the Healthy, Safe and Energy Efficient Outdoor Lighting Act.  If the SAS and its membership can, in any way, be of service in emphasizing the importance of issues raised by A7281/S2714, please do not hesitate to contact myself at (315) 559-4737 or damian@somewhereville.com.

Thank you.

Sincerely,
Damian G. Allis, Ph.D.
President
Syracuse Astronomical Society

cc:  Senators Smith, Valesky, DeFrancisco; Assemblymen Kolb, Silver; Governor Paterson

For more information on light pollution and legislation, I recommend visiting (and supporting) SELENE-NY and the International Dark Sky Organization. We also have a page (written by Dr. McMahon) at the SAS website.

www.nasa.gov
www.syracuse-astro.org
en.wikipedia.org/wiki/Light_pollution
webserver.lemoyne.edu/~mcmahon/mcmahon.html
selene-ny.org
assembly.state.ny.us
selene-ny.org/2008bill.html
www.somewhereville.com/?p=83
assembly.state.ny.us/leg/?bn=7281
www.eany.org
www.eany.org/capitolwatch/billratings.html
www.citizenscampaign.org
www.citizenscampaign.org/PDFs/Light%20pollution%20memo%202009.pdf
assembly.state.ny.us/mem/?ad=067
www.nysenate.gov/senator/antoine-m-thompson
www.darksky.org

A7438/S4364: The Healthy, Safe And Energy Efficient Outdoor Lighting Act or “I Hate Light Pollution And I Vote.”

Monday, May 28th, 2007

nasa_earthatnight_may2007.jpg

Far be it from me as a computational quantum chemist to complain about technology and expect people to pay attention, but I’ve begun to take a dim view of the bright idea of outdoor lighting.

8/14/2003: Some of you may remember the great Northeast Blackout of 2003. I was working in my basement studio apartment (ah, graduate school) at Hidden Valley Apartments listening to the Jim Reith Show on WSYR when the radio went out and the kitchen-half of my apartment went black while my living room side stayed powered (no, I have no idea who wired the apartment). While I remember losing days worth of calculations when my computer cluster powered down, I distinctly remember going to the Darling Hill Observatory in Tully for some clear sky observing. Having the power turned off over much of Syracuse (to the North) and Cortland (to the South) made for the best Central New York stargazing I’ve ever experienced. And then, within a few days, it was gone. The difference was so significant I imagined entire neighborhoods turning on every lamp within reach en masse to celebrate the power coming back on.

The text at the bottom of this post is from a letter crafted in largest part by the elegant hand of John McMahon (someone with a long history of fighting the good dark-sky fight) and sent on behalf of the Syracuse Astronomical Society (SAS) to Assemblywoman Linda B. Rosenthal and Senator Carl Marcellino in Albany, acknowledging the glowing support by the SAS for the passage of A7438/S4364: The Healthy, Safe And Energy Efficient Outdoor Lighting Act. Our specific interest (dare I call it a “special interest”) is in combating light pollution, that glow from cities and towns that effectively washes the sky at night and greatly diminishes our (yes, the society’s, but everyone wanting to look up is increasingly taking a hit) view of the heavens above.

And who cares? One of the realizations that has come from burying myself in the hard sciences is that I am acutely cognizant of the fact that we are not here because of our political viewpoints, our cultural heritage, our religious upbringing, our feelings, or our academic background. We’re here because fundamental particles coalesced into matter, because stars went nova and seeded the universe with clouds of heavy atoms that collapsed into solid objects like new stars and planets. If the valley of the Nile River is the cradle of civilization, then Earth is the cradle of the Nile River, and the spiral arm of the Milky Way where we reside is the cradle of the Earth, and all the way out to the edges of the universe. We’re here because of what’s out there and it’s only recently that civilization has begun to ignore that realization.

The night sky is the intellectual cradle of religion, physics, calculus, agriculture, philosophy, and, by the fact that all the matter on Earth came from the cosmic matter “up there,” the source of everything else. If we gave as much respect to the night sky as we do to television shows, sporting events, video games, and all those other things that keep us indoors the same way the constellations kept most people outside until only a few hundred years ago, we wouldn’t have to be asking residents and businesses to please use a different type of lighting fixture, please turn off the light if you’re not in the room, or please turn off some fraction of your parking lot lights after business hours, and we certainly wouldn’t have to be trying to get legislation passed towards that end. Besides posting about it, I do my part by using low-Watt bulbs and by not having any lights on my second floor (of course, downtown Syracuse is sufficiently bright to not need them).

IMHO, It is good legislation. It’s green-friendly, it saves money, it looks like you’re being community-conscious when you use it in advertisements. I’ll endeavor to frequent your establishment if you help cut light pollution and happily tell others to do the same. The Nice N’ Easy in Tully has taken efforts to cut their light pollution and, accordingly, I make it my final pit stops before the observatory when I need something instead of stopping in Syracuse for the same. No joke. If you own a business, please consider implementing changes to your outdoors in line with the proposed legislation. If you’re a NY resident, please consider sending a letter of support for A7438/S4364. And turn off those lights!

For more information on light pollution and legislation, I recommend visiting (and supporting) SELENE-NY and the International Dark Sky Organization. We also have a page (written by Dr. McMahon) at the SAS website.

Dear Assemblywoman Rosenthal and Senator Marcellino:

The members of the Syracuse Astronomical Society (SAS) strongly endorse A7438/S4364, the Healthy, Safe and Energy Efficient Outdoor Lighting Act, which would regulate outdoor lighting in the State for the general benefit of its citizens.

Our starry night skies are one of our most precious natural resources, inspiring young and old alike to contemplate the mysteries of the universe. For over a half a century the SAS has reached out to the public here in Central New York to educate neighbors and visitors alike about the marvels of the heavens. Unfortunately, in recent years the view of the cosmos has become increasingly degraded by the misdirected and excessive glow of outdoor illumination.

For the members of our society who observe from their own backyards this problem has become especially troublesome because of general sky brightness and from excessive light from nearer sources that intrudes onto their private property. Likewise, for the SAS’s Darling Hill Observatory (located in a semi-rural location on Vesper Hill in the Town of Tully) the sky glow from Syracuse to the north and, increasingly, from the Cortland area to our south has progressively affected our view of larger and larger portions of the sky.

Despite the recent forward looking actions of the Town of Tully in changing over its roadway lighting to full cutoff optics that reduce offensive and distracting glare, save energy, and reduce lighting costs by over 40%, without decisive action to stem the process of needlessly and destructively lighting up the night elsewhere, the light pollution problem will only worsen. It will continue to hamper our ability to bring the wonders of astronomy to others, to degrade the nocturnal environment, and to waste precious energy and taxpayer dollars.

The Healthy, Safe and Energy Efficient Outdoor Lighting Act would begin the process of restoring the glories of the night sky to everyone and will help us to continue our educational mission. It will render other benefits to the general population as well.

Therefore, the Syracuse Astronomical Society formally urges all members of the New York State Legislature to act promptly and decisively to pass the Healthy, Safe and Energy Efficient Outdoor Lighting Act.

If the SAS and its membership can, in any way, be of service in emphasizing the importance of issues raised by A7438/S4364, please do not hesitate to contact myself at (315) 559-4737 or damian@somewhereville.com.

Thank you.

Sincerely,
Damian G. Allis, Ph.D.
President, Syracuse Astronomical Society

cc: Senators Bruno, Valesky, DeFrancisco; Assemblymen Kolb, Silver; Governor Spitzer

en.wikipedia.org/wiki/2003_North_America_blackout
www.suttoncos.com/management/complex_detail.php?complex_id=5
www.570wsyr.com/pages/Reith.html
www.570wsyr.com/main.html
www.syracuse-astro.org/observatory.html
www.tullyny.org
www.syracuse.ny.us
www.cortland.org
www.cny.com
webserver.lemoyne.edu/~mcmahon/mcmahon.html
webserver.lemoyne.edu/~mcmahon/lp.html
www.syracuse-astro.org
assembly.state.ny.us/mem/?ad=067
www.senatormarcellino.com
www.albany.org
www.selene-ny.org/bill.asp
en.wikipedia.org/wiki/Light_pollution
en.wikipedia.org/wiki/Supernova
en.wikipedia.org/wiki/Nile_river
en.wikipedia.org/wiki/Constellation
www.niceneasy.com
maps.google.com/maps?num=100&hl=en&safe=off&q=nice+and+easy&near=Tully,+NY…
www.selene-ny.org
www.darksky.org
www.syracuse-astro.org/darkskies.html

Obligatory

  • CNYO

  • Sol. Sys. Amb.

  • Ubuntu 4 Nano

  • NMT Review

  • N-Fact. Collab.

  • Pres. Asn. CNY

  • T R P Nanosys

  • Nano Gallery

  • nano gallery
  • Aerial Photos

    More @ flickr.com

    Syracuse Scenes

    More @ flickr.com