Report Title:

Fully Shielded Street Lighting Fixtures; Required

Description:

Requires the State to install fully shielded lighting fixtures when installing new highway and street lights. Requires the counties to follow the same lighting standards as the State. (HB2264 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

2264

TWENTY-THIRD LEGISLATURE, 2006

H.D. 2

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to street lighting.

 

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

SECTION 1. The legislature finds that improperly aimed lighting can produce unsafe conditions such as glare and deep shadows and can contribute to light pollution of the night sky. In contrast, properly directed lighting can save in operation costs, resulting in a more efficient use of tax dollars to pay for state-funded light fixtures. The legislature further finds that properly aimed lighting can minimize light trespass and pollution, reduce glare, and improve the view of the night sky, thereby preserving one of Hawaii's natural resources.

The legislature also finds that fully shielded lighting units considerably reduce light pollution. The replacement of unshielded lighting units with fully shielded lighting units can result in the substantial lowering of the lamp wattage needed to maintain an equivalent level of lighting on the ground, thereby realizing a considerable energy savings to the State. Therefore, it is in the public interest to require the use of fully shielded lighting units to the maximum extent possible.

The purpose of this Act is to provide a regulatory strategy for outdoor lighting that will:

(1) Curtail and reverse the degradation of the nighttime environment and the night sky;

(2) Minimize glare, obtrusive light, and artificial sky glow by limiting outdoor lighting that is misdirected, excessive, or unnecessary;

(3) Permit reasonable uses of outdoor lighting for night-time safety, utility, security, productivity, enjoyment, and commerce;

(4) Conserve energy and resources to the greatest extent possible; and

(5) Preserve the dark night sky for astronomy.

SECTION 2. Chapter 264, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . SHIELDED highway and Street LIGHTING FIXTURES

§264- Definitions. As used in this part, unless the context otherwise requires:

"Direct light" means light emitting generally in a downward direction by a lamp, off a reflector, or through a refractor of a lighting unit.

"Glare" means direct light emitted by a lighting unit that causes reduced visibility of objects or momentary blindness.

"Lamp" means the component of a lighting unit that produces light.

"Light pollution" means a general sky glow caused by the scattering of artificial light in the atmosphere.

"Lighting unit" means a complete lighting unit, including a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power supply.

"Lumen" means a specific standard unit of measurement of luminous flux.

"Partially shielded lighting unit" means a lighting unit that is constructed in such a manner that more than zero but less than ten per cent of the light emitted, either directly from the lamp or indirectly by reflection or refraction from any part of the lighting unit, is projected above the horizontal plane of the lamp.

"Permanent outdoor lighting unit" means any fixed lighting unit or system of lighting units that is outdoors and that is intended to be used for seven days or longer.

"Roadway lighting" means permanent outdoor lighting units that are specifically intended to illuminate roadways for automotive vehicles.

§264- Highway and street lighting control. (a) The installation of any new permanent outdoor lighting unit by the department of transportation for the lighting of highways or streets shall meet the following conditions:

(1) The new lighting unit permits no more than two per cent of the total lumen in the zone of ninety to one hundred eighty degrees vertical angle if the rated output of the lumen is greater than thirty-two hundred lumens;

(2) The minimum lighting allowance specified by an applicable recommendation or regulation shall be used. The average minimum allowance adequate for the intended purpose shall be used if no lighting recommendation or regulation is applicable, giving full consideration to energy conservation and glare; and

(3) Adequate consideration shall be given to conserving energy and minimizing glare and light pollution.

(b) Subsection (a) shall not apply:

(1) Where federal laws or regulations preempt state laws or rules;

(2) Where fire, police, rescue, or repair personnel need light for temporary emergencies or road repair work;

(3) Where there are special requirements, such as sports facilities, historic decorative considerations, or flag or monument lighting. All such lighting shall be selected and installed to shield the lamp or lamps from direct view to the greatest extent possible and to minimize upward lighting and light pollution;

(4) Where there is substantial nighttime pedestrian traffic in an urban area and an engineer experienced in outdoor lighting has deemed it necessary to permit the installation of partially shielded lighting units; and

(5) Where it has been determined that a reasonable safety and security interest exists that cannot be addressed by another method without increasing the cost or reducing the effectiveness of the lighting.

§264- Rules. The department of transportation shall adopt rules for the efficient implementation of this part."

SECTION 3. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§46- Highway and street lighting; standards. The installation of new lighting units for highways and streets under the control of a county shall be in accordance with part       of chapter 264."

SECTION 4. (a) Not later than December 31, 2007, the department of transportation shall establish an implementation plan to retrofit all highway and street lighting units maintained by the department of transportation to the standards established under this Act. The implementation of the retrofitting plan shall be completed by December 31,        .

(b) The department of transportation shall submit a report containing the implementation plan required under this section to the legislature not later than twenty days prior to the convening of the 2008 regular session. The department of transportation shall also submit an annual report to each succeeding legislature not later than twenty days prior to the convening of each subsequent regular session on the status of retrofitting the highway and street lighting units maintained by the department of transportation to the standards established under this Act. The department of transportation shall submit a final report on its completion of the retrofitting process required under this section no later than twenty days prior to the convening of the           regular session.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2096.