HB895 SD1

Report Title:

Light Pollution; Special Management Area; Light Displacement

Description:

Prohibits artificial light that directly illuminates the shoreline and ocean waters or causes a direct or indirect glare when displaced across property boundaries toward the shoreline and ocean waters. Directs special management area authorities to minimize light displacement. (SD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	895
TWENTY-THIRD LEGISLATURE, 2005		H.D. 2
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

relating to coastal light pollution.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that light pollution in Hawaii's coastal areas and artificial lighting illuminating the shoreline and ocean waters can be disruptive to avian and marine life. Light pollution in these areas has been documented as causing the death of hatching sea turtles, fledgling shearwaters, nocturnal flying sea birds, and migratory birds. Laboratory studies have shown that artificial lights can also harm corals that naturally spawn during a full moon by inducing them to spawn artificially during the dark phase of the moon cycle. In addition, there are reports by fishers that artificial illumination affects the behavior of fish.

The purpose of this Act is to mitigate the adverse impacts of light pollution in coastal areas and artificial lights on the shoreline and ocean waters by:

(1) Prohibiting the positioning of artificial lights in a manner causing direct illumination of or direct and indirect glare upon the shoreline and ocean waters; and

(2) Directing the special management area authority to mitigate the effect of light displacement by requiring that light fixtures are properly located, aimed, and shielded to prevent the light from straying past property boundaries.

SECTION 2. Chapter 205A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§205A- Artificial light on shoreline and ocean waters. (a) Artificial light from floodlights, uplights, or spotlights that is used for decorative or aesthetic purposes is prohibited when the light:

(1) Directly illuminates the shoreline and ocean waters; or

(2) Causes a direct or indirect glare as it travels across property boundaries toward the shoreline and ocean waters.

(b) Subsection (a) shall not apply to:

(1) An outdoor lighting fixture that is located in a hotel/hotel-condo as defined in section 486K-1; provided that the outdoor lighting fixture is located underwater or is directed downward and illuminates a limited area of no more than thirty feet into shoreline and ocean waters, and where such lighting is the only practicable means of ensuring the safety and security of guests and visitors; and

(2) Artificial lighting provided by a government agency or its authorized users for government operations, security, public safety, or navigational needs; provided that a government agency or its authorized users shall make reasonable efforts to properly position or shield lights to minimize adverse impacts.

SECTION 3. Section 205A-1, Hawaii Revised Statutes, is amended by adding six new definitions to be appropriately inserted and to read as follows:

""Artificial light" or "artificial lighting" means the light emanating from any fixed human-made device.

"Direct glare" means the light that results from a light source shining into the viewers' eyes.

"Directly illuminate" means to illuminate through the use of a glowing element, lamp, globe, or reflector of an artificial light source.

"Indirect glare" means the light that emanates from objects that are too brightly lit.

"Light displacement" means misdirected and unshielded artificial light straying across property boundaries, causing direct or indirect glare.

"Ocean waters" means all waters seaward of the shoreline within the jurisdiction of the State."

SECTION 4. Section 205A-26, Hawaii Revised Statutes, is amended to read as follows:

"§205A-26 Special management area guidelines. In implementing this part, the authority shall adopt the following guidelines for the review of developments proposed in the special management area:

(1) All development in the special management area shall be subject to reasonable terms and conditions set by the authority [~~in order~~] to ensure[:] that:

(A) Adequate access, by dedication or other means, to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles;

(B) Adequate and properly located public recreation areas and wildlife preserves are reserved;

(C) Provisions are made for solid and liquid waste treatment, disposition, and management [~~which~~] that will minimize adverse effects upon special management area resources; and

(D) Alterations to existing land forms and vegetation, except crops, and construction of structures [~~shall cause~~] causes minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods, wind damage, storm surge, landslides, erosion, siltation, or failure in the event of earthquake[.];

(2) No development shall be approved unless the authority has first found:

(A) That the development will not have any substantial adverse environmental or ecological effect, except [~~as such~~] when the adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interests. [~~Such~~] The adverse effects shall include[,] but not be limited to[,] the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and the elimination of planning options;

(B) That the development is consistent with the objectives, policies, and special management area guidelines of this chapter and any guidelines enacted by the legislature; and

(C) That the development is consistent with the county general plan and zoning. [~~Such a~~] A finding of consistency does not preclude concurrent processing where a general plan or zoning amendment may also be required[.];

and

(3) The authority shall seek to minimize, where reasonable:

(A) Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough, or lagoon;

(B) Any development [~~which~~] that would reduce the size of any beach or other area usable for public recreation;

(C) Any development [~~which~~] that would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions of rivers and streams within the special management areas and the mean high tide line where there is no beach;

(D) Any development [~~which~~] that would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast; [~~and~~]

(E) Any development [~~which~~] that would adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, or potential or existing agricultural uses of land[.]; and

(F) Light displacement by requiring that light fixtures be located, aimed, and shielded so as to minimize stray light travelling across property boundaries."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.