PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Addition of Part 312 to Title 9 NYCRR.
Statutory authority:
Executive Law, section 200; and Public Buildings Law, section 143(4)
Subject:
Outdoor lighting standards.
Purpose:
To provide lighting standards that will help state agencies comply with Public Buildings Law section 143.
Text of proposed rule:
A new Part 312 is added to read as follows:
PART 312
Restrictions on the Luminous Power of Lighting Fixtures
§ 312.1 Purpose.
The purpose of this Part is to implement the provisions of Section 143 of the Public Buildings Law by setting forth the relevant industry standards with which State agencies must comply when installing new or replacement permanent outdoor lighting fixtures.
§ 312.2 Definitions.
(a) Direct light means light emitted by a fixture from the lamp, from a reflector, or through a refractor.
(b) Facade lighting means permanent outdoor fixtures that are specifically intended to illuminate the exterior surfaces of buildings or structures.
(c) Fully shielded fixture means a fixture that allows no direct light from the fixture above a horizontal plane through the fixture’s lowest light-emitting part, in its mounted position.
(d) Fixture lumens means total lumens emitted by a fixture.
(e) Glare means light emitted by a fixture that causes discomfort or reduced visibility.
(f) Illuminance means the luminous power incident per unit area of a surface.
(g) Lamp means a light bulb or other component of a fixture that changes electricity into visible light.
(h) Light trespass means light that falls beyond the property it is intended to illuminate.
(i) Lumen means a standard unit of measurement of the quantity of light emitted from a lamp.
(j) Fixture means a complete lighting unit, including a lamp together with the parts designed to distribute the light, to position and protect the lamp and to connect the lamp to the power supply.
(k) Ornamental roadway lighting means a roadway lighting fixture that serves a decorative function in addition to a roadway lighting function, having an historical period appearance or decorative appearance.
(l) Parking-lot lighting means permanent outdoor fixtures specifically intended to illuminate uncovered vehicle parking areas.
(m) Permanent outdoor fixture means a fixture for use in an exterior environment installed with mounting not intended for relocation.
(n) Roadway lighting means permanent outdoor fixtures specifically intended to illuminate public roadways.
(o) Sky glow means a condition caused by light directed upwards or sideways reducing one’s ability to view the night sky.
(p) State agency means any State department, office, board, commission, agency, or a public authority or public benefit corporation at least one of whose members is appointed by the governor.
§ 312.3 Restrictions and Exemptions.
(a) No State agency operating in the State shall install or cause to be installed any new or replacement permanent outdoor fixture unless the following conditions are met:
(1) In the case of roadway lighting or parking-lot lighting, whether mounted to poles, buildings or other structures, the fixture is fully shielded.
(2) In the case of building-mounted fixtures not specifically intended for roadway lighting, parking-lot lighting, or facade lighting, the fixture is fully shielded when its initial fixture lumens is greater than 3,000 lumens.
(3) In the case of facade lighting, the fixture is shielded to reduce glare, sky glow, and light trespass to the greatest extent possible.
(4) In the case of ornamental roadway lighting fixtures, the fixture allows no more than 700 lumens from the fixture above a horizontal plane through the fixture’s lowest light emitting part.
(5) For illumination by new permanent outdoor fixtures for applications described in paragraph (1), (2), (3) or (4) of this subdivision, only illuminance levels that are no greater than those required for the intended purpose may be used, in accordance with the industry standards set forth in Section 312.4.
(6) In the case of roadway lighting unassociated with intersections of two or more streets or highways, the Department of Transportation has determined that the purpose of the lighting installation or replacement cannot be achieved by installation of reflectorized roadway markers, lines, warnings or informational signs, or other passive means.
(b) This Part shall not apply:
(1) if a federal law, rule or regulation preempts State law;
(2) if the outdoor lighting fixture is used temporarily by emergency personnel requiring additional illumination for emergency procedures or temporarily used by repair personnel for road repair;
(3) to navigational lighting systems and other lighting necessary for aviation and nautical safety;
(4) to lighting for athletic playing areas; provided, however, that all such lighting shall be selected and installed to shield the lamp or lamps from direct view and to minimize upward lighting and glare to the greatest extent possible;
(5) if the State agency determines a safety or security need exists that cannot be addressed by any other method;
(6) to the replacement of a previously installed permanent outdoor fixture that is destroyed, damaged or inoperative, has experienced electrical failure due to failed components, or requires standard maintenance;
(7) to lighting intended for tunnels and roadway underpasses; or
(8) if the combined cost of acquiring and operating a fixture complying with paragraphs (1), (2), and (3) of subdivision (a) of this section is more than 15% greater than the cost of acquiring and operating comparable non-compliant fixtures over the life of the lighting system and if a written determination with findings has been made that no compliant fixture exists that would meet the cost limitation.
§ 312.4 Industry Standards.
When installing new or replacement permanent outdoor lighting fixtures, State agencies shall comply with the following industry standards contained within the following publications:
(a) Roadway lighting: Any of the industry standards listed in paragraphs (1), (2), or (3) of this subdivision may be used provided the standard contains a guideline for the relevant type of roadway lighting application.
(1) American Association of State Highway and Transportation Officials (AASHTO) – Roadway Lighting Design Guide 6th ed. (October 2005)
(2) Approved American National Standards Institute (ANSI)/Illuminating Engineering Society (IES) – RP-8-14 Roadway Lighting
(3) IES – DG-19-08 Design Guide for Roundabout Lighting
(b) Parking-lot lighting: IES – RP-20-14 Lighting for Parking Facilities
(c) Building facade lighting: IES – The Lighting Handbook, 10th Edition
(d) Building-mounted fixtures not specifically intended for roadway lighting, parking-lot lighting or building facade lighting: The Lighting Handbook, 10th Edition
Whenever a State agency uses any of the IES standards identified in this section, such agency shall also refer to The Lighting Handbook, 10th Edition in order to properly interpret such IES standards.
§ 312.5 Incorporation of Certain Industry Standards by Reference.
(a) The following standard of the American Association of State Highway and Transportation Officials (AASHTO) is hereby incorporated by reference, with the same force and effect as if fully set forth at length herein: Roadway Lighting Design Guide 6th ed. (October 2005). This publication is available for public inspection and copying at the New York State Office of General Services, Design & Construction Unit, Corning Tower, Empire State Plaza, Albany, NY 12242. The standard is published by AASHTO and is also available for purchase from AASHTO, 444 North Capitol Street N.W., Suite 249 Washington, DC 20001, (202) 624-5800, or http://www.transportation.org.
(b) The following standards of the Illuminating Engineering Society (IES) are hereby incorporated by reference, with the same force and effect as if fully set forth at length herein: RP-8-14 Roadway Lighting; DG-19-08 Design Guide for Roundabout Lighting; RP-20-14 Lighting for Parking Facilities; and The Lighting Handbook, 10th Edition. These publications are available for public inspection and copying at the New York State Office of General Services, Design & Construction Unit, Corning Tower, Empire State Plaza, Albany, NY 12242. The standards are published by IES and are also available for purchase from IES, 120 Wall Street, Floor 17, New York, New York 10005-4001, (212) 248-5000, or http://www.ies.org/.
Text of proposed rule and any required statements and analyses may be obtained from:
Paula B. Hanlon, Esq., NYS Office of General Services, 41st Floor, Corning Tower, GNAR Empire State Plaza, Albany, New York 12242, (518) 474-5607, email: RegsReceipt @ogs.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: New York State Executive Law § 200 establishes the Office of General Services (“OGS”) and grants the Commissioner of General Services (the “Commissioner”) the authority to adopt, amend or rescind rules and regulations relating to the discharge of her functions, powers and duties and those of OGS as prescribed by law. Chapter 512 of the Laws of 2014 adds a new § 143 to the Public Buildings Law, which requires certain restriction on the luminous power of lighting fixtures installed or maintained by State agencies and requires OGS to establish rules and regulations to implement the provisions of the statute, in consultation with the New York State Department of Transportation (DOT) and the New York State Energy Research and Development Authority (NYSERDA), while giving due consideration to lighting industry standards and practices.
2. Legislative objectives: By adopting industry-recognized standards for restricting the luminous power of lighting fixtures, this proposal will fulfill the Legislature’s objective when it enacted Public Buildings Law § 143 to limit misdirected and excessive outdoor illumination from lighting fixtures installed or maintained by State agencies.
3. Needs and benefits: OGS proposes this rule in order to comply with Chapter 512 of the Laws of 2014, which directs OGS to adopt regulations implementing the provisions of the new Public Buildings Law § 143, in consultation with DOT and NYSERDA. The new law restricts the luminous power of new or replacement permanent outdoor lighting fixtures installed and maintained by the State. These regulations will assist State agencies in complying with the new statutory requirements by providing a uniform set of acceptable standards. As directed by Chapter 512 of the Laws of 2014, OGS consulted with DOT and NYSERDA in establishing this proposed rule, and they agreed that the standards referenced are appropriate.
4. Costs: a. Costs for implementation of, and continuing compliance with, the rule to the regulated parties. The proposed rule simply provide references to standards that State agencies must use in complying with the requirements Public Buildings Law § 143 when installing new or replacement permanent outdoor lighting fixtures. Although in some cases, the use of shielded fixtures may increase costs, the statute and the rule contain a “circuit breaker” that limits the cost of compliance. A State agency is not obligated to use fixtures that would comply with the proposed rule if the combined cost of acquiring and operating compliant fixtures is more than 15% greater than the cost of acquiring and operating comparable non-compliant fixtures over the life of the lighting system. Consequently, the proposed rule is not expected to significantly increase costs of State agencies.
b. Costs for implementation of, and continued administration of, the rule to the State and its local governments. As noted above, the proposed rule is not expected to significantly increase costs of State agencies. The proposed rule does not apply to local governments and therefore does not impose any costs on local governments.
c. The information, including the source or sources of such information, and the methodology upon which the cost analysis is based. OGS has significant experience in designing and constructing buildings, including lighting systems, for itself and other State agencies. The cost analysis is based on the experience of OGS in complying with similar statutory requirements.
5. Local government mandates: The subject regulations do not impose any program, service duty or responsibility upon any local government.
6. Paperwork: The proposed rule simply provides references to standards that will assist State agencies in complying with the requirements of Public Buildings Law § 143. The proposed rule does not provide any additional paperwork requirements.
7. Duplication: The proposed rule does not duplicate other existing federal or State requirements.
8. Alternatives: A no-action alternative was not considered because Chapter 512 of the Laws of 2014 expressly requires OGS to adopt regulations to implement Public Buildings Law § 143.
Because the Illuminating Engineering Society (IES) is the preeminent organization for lighting standards, there was no question that the regulations would refer to IES publications. In addition to the IES standards referenced in the proposed rule, OGS also considered referencing RP-33-14 Lighting for Exterior Environments and TM-11-00 Light Trespass: Research, Results and Recommendations, but ultimately determined that those standards do not add much benefit since the concepts covered therein are also covered in The Lighting Handbook, 10th Edition.
With respect to roadway lighting, OGS considered referencing other documents such as DOT’s “Policy on Highway Lighting” and “Highway Design Manual” and the Federal Highway Administration (FHWA) Lighting Handbook. The “Policy on Highway Lighting” has not been updated since 1979, and while it provides a general discussion of factors that make lighting a given area warranted, it gives no specific guidance on the amount of light that should be used, other than making a few references to the AASHTO An Informational Guide for Roadway Lighting (which later became the AASHTO Roadway Lighting Design Guide). Similarly, the “Highway Design Manual” does not cover specifics on lighting levels, although it does provide greater detail on fixture placement, spacing, appropriateness of locating specific wattage lamps, etc. Because it references IES and AASHTO documents for lighting level standards, OGS determined that there was no need to reference the “Highway Design Manual.” The FHWA Lighting Handbook does not specifically discuss lighting levels, but it points to the AASHTO Roadway Lighting Design Guide and the RP-8 IES document for specific guidance for engineers and lighting designers on designing appropriate lighting. The FHWA Lighting Handbook also briefly references standards of the International Commission on Illumination (CIE), which is another organization devoted to lighting, but the use of CIE standards was rejected because those standards are more focused on the international market than those of IES and AASHTO, which are based in the U.S. With the approval of DOT, OGS ultimately determined to reference both AASHTO and IES standards for roadway lighting.
9. Federal standards: The proposed rule does not exceed any minimum standards of the federal government for the same or similar subject areas.
10. Compliance schedule: OGS anticipates that the State agencies subject to this regulation will be able to achieve compliance immediately upon adoption of the regulation.
Regulatory Flexibility Analysis
This regulation will not impose any adverse economic impact or reporting, record keeping or other compliance requirements on small businesses or local governments. The subject regulation simply provides standards to assist State agencies in complying with the requirements set forth in Public Buildings Law § 143. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required and one has not been prepared.
Rural Area Flexibility Analysis
This action will not impose any adverse impact, reporting, record keeping or other compliance requirements on public or private entities in rural areas. The subject regulation simply provides standards to assist State agencies in complying with the requirements set forth in Public Buildings Law § 143. Accordingly, a rural area flexibility analysis is not required and one has not been prepared.
Job Impact Statement
The Office of General Services projects there will be no substantial adverse impact on jobs or employment opportunities in the State of New York as a result of this rule. The subject regulation simply provides standards to assist State agencies in complying with the requirements established in Public Buildings Law § 143. Since nothing in the proposed regulations will increase or decrease the number of jobs in New York State or have an adverse impact on any specific region in New York State, and since no adverse impact is anticipated on jobs in New York State, no further steps were needed to ascertain these facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
