New York S 9637: Enacts the dark skies protection act

Bill Text

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S09637 Summary:

BILL NOS09637A

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SAME ASSAME AS A04615

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SPONSORFAHY

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COSPNSR

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MLTSPNSR

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Add Art 18 Title 1 §§18-0101 - 18-0103, Title 2 §§18-0201 - 18-0203, Title 3 §18-0301, Title 4 §18-0401,
Title 5 §18-0501, En Con L

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Regulates outdoor night lighting to preserve and enhance the state's dark sky.

Go to top S09637 Actions:

BILL NOS09637A

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03/31/2026REFERRED TO ENVIRONMENTAL CONSERVATION

05/08/2026AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION

05/08/2026PRINT NUMBER 9637A

Go to topS09637 Committee&nbspVotes:

Go to topS09637 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09637 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9637--A

 IN SENATE

 March 31, 2026
 ___________

 Introduced by Sen. FAHY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 -- committee discharged, bill amended, ordered reprinted as amended
 and recommitted to said committee

 AN ACT to amend the environmental conservation law, in relation to
 enacting the dark skies protection act

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "dark skies protection act".
 3 § 2. The environmental conservation law is amended by adding a new
 4 article 18 to read as follows:
 5 ARTICLE 18
 6 LIGHT POLLUTION CONTROL
 7 Title 1. Short title, declaration of purpose, general definitions.
 8 2. Lighting fixtures.
 9 3. Exemptions.
 10 4. Preemption.
 11 5. Department responsibility.
 12 TITLE 1
 13 SHORT TITLE, DECLARATION OF PURPOSE, GENERAL DEFINITIONS
 14 Section 18-0101. Short title.
 15 18-0102. Declaration of purpose.
 16 18-0103. General definitions.
 17 § 18-0101. Short title.
 18 This act shall be known and may be cited as the "dark skies protection
 19 act".
 20 § 18-0102. Declaration of purpose.
 21 The purpose of this article is to regulate outdoor night lighting to
 22 preserve and enhance the state's dark sky while promoting safety for
 23 people, birds, and other wildlife, conserving energy and reducing our
 24 carbon footprint, and preserving the aesthetic qualities of the night
 25 sky.
 26 § 18-0103. General definitions.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03222-03-6

 S. 9637--A 2

 1 For the purposes of this article, the following terms shall mean:
 2 1. "Outdoor lighting fixture" means an outdoor artificial illuminating
 3 device, whether permanent or portable, used for illumination or adver-
 4 tisement, including but not limited to searchlights, spotlights, and
 5 floodlights, whether for architectural lighting, parking lot lighting,
 6 landscape lighting, billboards or street lighting.
 7 2. "Shielded" means a fixture that is shielded in such a manner that
 8 light rays emitted by the fixture, either directly from the lamp or
 9 indirectly from the fixture, are projected below a horizontal plane
 10 running through the lowest point on the fixture where light is emitted.
 11 3. "Municipality" shall mean a county, city, town, or village.
 12 4. "Governing board" includes the board of supervisors of a county,
 13 the town board of a town, the common council of a city, and the board of
 14 trustees of a village.
 15 TITLE 2
 16 LIGHTING FIXTURES
 17 Section 18-0201. Shielding of outdoor lighting fixtures.
 18 18-0202. Nonconforming lighting fixtures.
 19 18-0203. Outdoor recreational facilities.
 20 § 18-0201. Shielding of outdoor lighting fixtures.
 21 All outdoor lighting fixtures shall be shielded after January first,
 22 two thousand twenty-eight, including but not limited to outdoor lighting
 23 fixtures installed at residential, commercial, industrial, and municipal
 24 buildings and structures.
 25 § 18-0202. Nonconforming lighting fixtures.
 26 1. In addition to other exemptions provided in this article, outdoor
 27 lighting fixtures not in compliance with the provisions of this article
 28 shall be allowed, provided that such fixtures are extinguished by an
 29 automatic or manual shutoff device between the hours of eleven p.m. a