Restricts the luminous power of lighting fixtures installed or maintained by the state

Summary of provisions

Section 1: Amends the public building laws defining direct lighting, facade lighting, fully shielded fixture, fixture lumens, glare, illuminance, light trespass, lumen, fixture, ornamental roadway lighting parking-lot lighting, permanent outdoor fixture, roadway lighting and sky glow.

Section 2. Prohibits state funds to be used to install new permanent outdoor fixtures, or to pay for the cost of operating such fixtures unless requirements are met such

(a) As the fixture is fully shielded for those mounted to poles, buildings or other structures.

(b) Fully shielded fixtures for those building mounted that are not specifically intended for roadway lighting, parking-lot lighting, or facade lighting.

(c) Facade lighting the fixture is shielded to reduce glare, sky glow, and light trespass to the greatest extent possible.

(d) Ornamental roadway lighting fixtures cannot allow more than 700 lumens from the fixture above a horizontal plane through the fixture's lowest light emitting part.

(e) For new illuminated permanent outdoor fixtures applications, only the illuminance levels required may be used.

(f) In cases involving roadway lighting unassociated with intersections of 2 or more streets or highways, the Department of Transportation has determined the purpose of lighting installation or replacement cannot be achieved by installing reflectorized roadway markers, line, warnings or informational signs or other passive means.

Section 3: waives the application of this law if:

(a) Federal law preempts State law

(b) the fixture is temporarily used by emergency personnel or repair personnel for road repair

(c) navigational lighting systems necessary for aviation and nautical safety

(d) athletic playing lighting

(e) safety or security needs exist that cannot be addressed by any other method

(f) replacement of previously installed permanent outdoor fixtures that are destroyed, damaged or inoperative, have experienced electrical failure due to failed components or required standard maintenance

(g) lighting is intended for tunnels and roadway underpasses

Justification

This bill is intended to limit misdirected and excessive outdoor illumination. Such 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. However, if it is not well designed it can be costly, inefficient, counterproductive, and harmful to the nighttime environment, interfering with normal patterns of activity, behavior and physiology of flora and fauna. Recent research has indicated that exposure to light at night can upset normal human circadian rhythms, thereby disrupting hormone secretions and weakening the body's immune system.

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.

Legislative history

2013 Passed Senate

Fiscal implications

Minimal.

Effective date

This act shall take effect one year after it shall have become a law; provided that effective immediately, in addition, amendment and/or repeal of any rule or regulation or development of any standards necessary for the implementation of this act on its effective date is authorizes to be made and completed on or before such effective date. This act shall not apply to projects for the installation or replacement of permanent outdoor fixtures which have already received final design approval prior to the effective date or this act.