Support for Limiting Nighttime Illumination for Certain Buildings to Reduce Bird Collisions, Injuries and Death

BILL INFORMATION

Int. No. 0896-2024 – A Local Law to amend the administrative code of the city of New York, in relation to limiting nighttime illumination for certain buildings.

REPORT

REPORT ON LEGISLATION BY THE ANIMAL LAW COMMITTEE

Int. No. 0896-2024
Council Member Moya                                                                   

A LOCAL LAW to amend the administrative code of the City of New York, in relation to limiting nighttime illumination for certain buildings.

THIS LOCAL LAW IS APPROVED

The New York City Bar Association, through its Animal Law Committee, supports the passage of Int. No. 0896-2024 (hereinafter “Int. 896”),^[1] a proposed bird-friendly law pending in the New York City Council. This proposed law is part of a package of legislation known as the Flaco’s Law initiative aimed at protecting birds and reducing the risks they face in urban environments. The Flaco’s Law initiative also includes Int. 0736-2024 and Int. 1073-2024.^[2] It was named after the Eurasian Eagle-Owl, Flaco, who escaped from the Central Park Zoo, only to die after consuming four different rat poisons and colliding with a building.

I. SUMMARY OF THE PROPOSED LAW

Int. 896 would prohibit nighttime illumination–from sunset to sunrise–of the exterior or interior of any building whose main use or dominant occupancy is Business (Group B) and Mercantile (Group M).^[3] Group B building classification includes business, professional, service-type activities, or buildings used for public or civic services. Group M building classification includes the use of a building or a portion thereof to display and sell merchandise, involving stocks of goods incidental to such purposes and accessible to the public.

The local law provides for certain exemptions/waivers, as follows:

• Retailers or wholesalers under 4,000 square feet, excluding chain stores;
• Landmark buildings above 20 stories in height, but they must apply for a waiver;
• Where building owners demonstrate special circumstances indicating a need for night security lighting;
• Where individuals remain inside a building at night;
• Where such illumination is required by law, rule or NYC zoning resolution; and
• Temporary, seasonal storefront display windows may be illuminated until midnight or until all individuals have exited.

A violation of Int. 896 would result in a civil penalty to the building owner or operator of $1,000 per violation.  The local law would become effective 120 days after becoming law.

II. HISTORY IN RELATION TO THE “LIGHTS OUT” MOVEMENT

The National Audubon Society started the first “Lights Out” program in Chicago in 1999. The objective was to convince building owners and managers to turn off excess lighting when birds are migrating overhead, providing birds with safe passage between their nests and wintering grounds.  Since its inception, the Lights Out initiative has spread to many other cities and states and has become a global movement.^[4]  In New York City (NYC), the Lights Out initiative first launched as a voluntary movement in the early 2000s, encouraging commercial buildings to turn off building lights during bird migration. Rockefeller Center and the Chrysler Building participated, which set an example for other buildings.

In 2022, NYC passed the first two “Lights Out” bills. The first required city-owned and city-occupied buildings to turn off non-essential outdoor lights from August 15- November 1 and from April 1- May 31 between the hours of 11 p.m. and 6 a.m.^[5] The second law required city-owned properties to install occupancy sensors to ensure these properties have interior lights only when occupied.^[6]

Int. 896, which was drafted in 2021 but tabled at that time, seeks to extend the same policy to non-city-owned buildings.

III. JUSTIFICATION FOR SUPPORT

a. The Need for Reduced Illumination

Birds colliding into glass windows continue to occur year-round because birds^[7] do not see or recognize glass due to its transparency and reflections. Bird-building collisions, particularly collisions with windows and other reflective surfaces, are by far the largest source of avian collision mortality.^[8] The number of collisions are dramatically higher when buildings are illuminated at night.^[9] NYC’s Audubon Society (NYC Bird Alliance) estimates, based on bird carcass counts, that approximately 250,000 birds die in NYC from building collisions every year.^[10]  In the U.S., between 365 million and one billion birds – or more – die every year trying to navigate glass buildings.^[11] A study published in 2025 estimated larger numbers, claiming that 621 million to 2 billion birds die annually in the U.S. from collisions with glass buildings.^[12] Bird deaths from window collisions are judged to be the cause.^[13]

Cities, including NYC, account for most of the light pollution since they have the most unshielded lights, sending light upward into the sky rather than downward for human safety. According to radar data collected by the Cornell Lab of Ornithology, millions of birds pass through NYC during their spring and fall migrations, using parks and green spaces to rest and refuel. Seventy percent of North American bird species are migratory; of these, 80% migrate at night. ^[14]

Research shows that artificial lights at night disorient migrating birds, causing them to fly towards the light source instead of maintaining their migratory path, resulting in exhaustion which can  lead to building collisions.^[15] Greenspaces near reflective buildings are also problematic and are used as risk factors in bird collision studies.^[16] One study conducted at Chicago’s McCormick Place Convention Center^[17] found that darkening half of the building’s windows resulted in 11 times fewer collisions during spring migration and 6 times fewer during fall migration.^[18] Another study in NYC observed the Tribute in Light installation, and found that brief periods of darkness reduced the number of birds circling dangerously in the beams.^[19] A third study at Colorado State University used weather radar data to map bird stopover density in the U.S., and found that artificial light is a top indicator of where birds will land.^[20] Once birds land in an urban setting, the chance of a collision is increased because birds perceive glass as an open space. The color of the artificial light can also exacerbate the problem, with lights in the blue range, such as LED lights, being particularly attractive to certain migrating birds.^[21]

b. The Proposed Bill Seeks to Expand Existing Laws

In 2014, New York State passed legislation requiring state-owned buildings to turn off non-essential lights.  In 2021, the New York City Council passed similar legislation requiring city-owned buildings to turn off lights from 11 pm – 6 am during bird migration season.  Int. 896 expands on the existing laws to include non-city-owned buildings in Group B and Group M classifications, for all 12 months, with certain exceptions and waivers identified above.

Besides New York State, light pollution laws are in effect nationally in 18 other states including Arizona, California, Colorado, Connecticut, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, Oregon, Texas, Utah, Washington–as well as the District of Columbia and Puerto Rico.^[22]  “Lights Out” laws are also in effect in Arlington County, Va., Madison, WI., San Franscisco, CA and in Austin, Fort Worth, Dallas and Frisco, Texas.

 c. 896 Offers Benefits in Addition to Protecting Birds

While the purpose of Int. 896 is to protect birds, passing this Local Law will result in other significant benefits, such as reducing energy costs and the buildings’ carbon footprint. The U.S. Energy Information Administration has determined that commercial buildings spent on average 84% of their total energy costs on electricity in 2018, for which lighting represented 10% of the total energy consumption.^[23] Turning off lights at night will reduce the cost of electricity consumption.  It will also reduce the release of carbon into the atmosphere because a significant portion of electricity is generated by burning fossil fuels.^[24]  Artificial light at night (“ALAN”) has also been shown to have adverse health effects,^[25] so that reduced ALAN presumably would be beneficial.

Contrary to the potential argument that this law could create a security risk by reducing exterior light on the street at night, in practice, streetlights would be unaffected and glare shields can be added to existing outdoor fixtures to direct the light down towards the street.  Overall, Int. 896 is a win-win for wildlife, humans, and the environment. It is a practical piece of legislation that will protect birds from unnecessary harm, reduce energy costs and improve human health.

IV. CONCLUSION

For the reasons stated above, the New York City Bar Association’s Animal Law Committee supports Int. 896.

Animal Law Committee
Martha Golar and Sherry Ramsey, Co-Chairs

September 2025