STAND. COM. REP. NO.  1290-12

Honolulu, Hawaii

                , 2012

RE:   S.B. No. 2402

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committees on Energy & Environmental Protection and Economic Revitalization & Business, to which was referred S.B. No. 2402, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LIGHT POLLUTION,"

beg leave to report as follows:

The purpose of this measure is to preserve the quality of the night sky and its associated cultural, scientific, astronomical, natural, and landscape-related values and provide an environmentally friendly strategy for lighting in Hawaii.  Specifically, this measure requires the establishment of a starlight reserve strategy by, among other things:

     (1)  Requiring that all state agencies comply with shielded lighting fixture requirements beginning on July 1, 2013;

     (2)  Prohibiting the sale or installation of new mercury vapor lamps after July 1, 2013;

     (3)  Establishing parameters for retrofit work on, or replacement of, existing lighting fixtures to meet the shielding requirements;

     (4)  Stipulating conditions and parameters for lights where fully shielded light fixtures are not used;

     (5)  Establishing conditions under which installation of fully shielded replacement lighting fixtures for roads and highways shall take place and allowing for partially shielded lights that meet specified requirements to be used; and

     (6)  Specifying numerous exceptions to the shielded lighting requirements.

The Department of Land and Natural Resources; the Department of Business, Economic Development, and Tourism; the Department of Transportation; the Department of Accounting and General Services; the University of Hawaii; and two individuals supported this measure.  The Department of Design and Construction of the City and County of Honolulu, the Chairperson of the Starlight Reserve Committee, Cree Lighting, and an individual commented on this measure.

     Your Committees have amended this measure by:

     (1)  Requiring that the correlated color temperature for certain lights be a maximum of 4,000 Kelvin rather than 3,800 Kelvin;

     (2)  Exempting temporary outdoor lighting used for film production, agricultural operations, and other permitted activities such as carnivals and concerts without regard to time of day from all generally-applicable requirements;

     (3)  Exempting lighting for outdoor athletic facilities from the color correlated temperature restrictions;

     (4)  Exempting counties with a population of less than 100,000 from this section;

     (5)  Changing the effective date of this measure and each of its requirements to July 1, 2014, to ensure that there is adequate time for compliance with the new requirements; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Economic Revitalization & Business that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2402, S.D. 1, as amended herein, and recommend that it be referred to the Committee on Finance, in the form attached hereto as S.B. No. 2402, S.D. 1, H.D. 1.

Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Economic Revitalization & Business,

____________________________ ANGUS L.K. McKELVEY, Chair

____________________________ DENNY COFFMAN, Chair