HB 0222

AN ACT relative to lighting and light pollution.

SPONSORS: Rep. Rabideau, Rock 16

This bill requires that state funds shall be used to install or replace outdoor lighting units only under specified conditions that provide for minimized energy waste, glare, and light pollution; situations that are exempt are also established. This bill also requires that the office of state planning, in consultation with the department of transportation, adopt rules to implement the bill's requirements.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Findings. The general court finds that full cut off (FCO) luminaires considerably reduce wasteful upward lighting by directing all light down toward the intended area of illumination. Replacing defective, non-functioning, or non cut off luminaires with FCO luminaires allows for a substantial lowering in the wattage of the new fixture, thereby realizing a cost and energy savings to the state. Unregulated growth in night illumination has begun to have negative effects on New Hampshire's general environment and is adding to the growing problem of suburban sprawl. In addition, glare lighting, when shining directly into the eyes of drivers, especially those with certain eye diseases such as cataracts, causes a marked reduction in a person's ability to drive safely. Therefore, in the best interest of the public, the purpose of this act is to require the use of the most efficient, full cut off lamps available.

2 New Chapter; Outdoor Lighting. Amend RSA by inserting after chapter 155-E the following new chapter:

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

II. "Full cut off (FCO) luminaire" means a luminaire that allows no direct light above a horizontal plane, from the lowest light emitting part of such device, in its mounted form.

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

VI. "Light pollution" means, generally, sky glow caused by the scattering of stray, uncontrolled, artificial light in the atmosphere.

VII. "Light trespass" means light emitted by a luminaire that shines beyond the boundaries of the property upon which such luminaire is located.

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

X. "Non cut off luminaire" means a luminaire with which either the lamp, or surrounding glass lens, extends below the horizontal plane of housing that shields the elements of the luminaire. Also, a lamp situated on top of a post, or on a pivoting support, causing light to be cast outward and upward as glare, beyond its useful range.

XI. "Outdoor light fixtures" means outdoor artificial illuminating devices, installed or portable, used for flood lighting, roadway illumination, area lighting, general illumination, or advertisement.

XII. "Permanent outdoor luminaire" means any fixed luminaire or system of luminaires that is out of doors and is intended to be used for 7 days or longer.

XIII. "Roadway lighting" means permanent outdoor luminaires that are specifically intended to illuminate roadways for vehicular traffic.

XIV. "Semi cut off (SCO) luminaire" means a luminaire, that allows no more than 10 percent of its light to be broadcast above a horizontal plane from the lowest light emitting part of such device, in its mounted form.

XV. "State funds" means any bond revenues, or monies appropriated or allocated by the general court or an agency.

155-F:2 Conditions for Use of State Funds. No state funds shall be used to install any new permanent outdoor luminaire, or to replace or service an existing permanent outdoor luminaire, unless the following conditions are met:

I. The new or permanent luminaire is a FCO luminaire when the rated output of the luminaire is greater than 1000 lumens.

II. If a lighting recommendation or regulation applies, the minimum illuminant specified by the recommendation or regulation is used, provided that it meets the guidelines set forth by the IESNA document RP-33-99, or the latest version of such document.

III. If no lighting recommendation or regulation applies, the average minimum lumens, as described in the IESNA document RP-33-99, or the latest version of such document, adequate for the intended purpose are used, giving full consideration to energy conservation and minimization of glare and light trespass.

IV. For roadway lighting unassociated with intersections, a determination that the purpose of the lighting installation or replacement cannot be achieved by the installation of reflective roadway markers, lines, warnings or informational signs, or other passive means.

V. Adequate consideration has been given to conserving energy and minimizing glare, light pollution, and light trespass.

VI. The most energy efficient lamp type available shall be installed in any new permanent luminaire.

155-F:3 Exemptions. The following are exempt from the provisions of this chapter:

II. Situations where fire, police, rescue, or repair personnel require light for temporary emergencies or road repair work.

III. Situations where there are special requirements, such as sports facilities, or historic decorative considerations, monuments, or flag lighting; provided, however, that 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 trespass.

IV. Situations in an urban area where there is high nighttime pedestrian traffic and an IESNA engineer, experienced in outdoor lighting, has deemed it necessary to permit the installation of SCO luminaires.

V. Situations where a determination has been made after a public hearing, that there is a compelling safety issue that cannot be addressed by any other means.

155-F:4 Rulemaking. The office of state planning, in consultation with the department of transportation, shall adopt rules, pursuant to RSA 541-A, to implement the provisions of this chapter, including a system to ensure that street lighting installed with the use of state funds complies with the requirements of this chapter.

The Department of Transportation indicates this bill will increase state highway fund expenditures by $145,200 in FY 2002 and the Office of State Planning indicates this bill will increase state general fund expenditures by $7,485 in FY 2002. There is no fiscal impact on state, county and local revenue or county and local expenditures.

· federal funding on all lights not on the turnpike system;

· all luminaries will be modified within one fiscal year;

· there are 3,400 luminaries on state highways (1,200 on the turnpike system and 2,200 on non turnpike highways);

· the cost to modify each luminary is $300 per unit, with an additional 10% engineering cost; and

· additional lights may be required due to reduction in lighting coverage, but the number required is indeterminable at this time.

Calculations:

Turnpike-1,200 Luminaries x $300= $360,000

Engineering (10%) 36,000

Subtotal $396,000

Non-Turnpike 2,200 Luminaries x $300= 660,000

Engineering (10%) 66,000

Subtotal $796,000

Source of Funds:

Federal $580,800

Highway 145,200

Total $796,000

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The Office of State Planning states that this bill will increase general fund expenditures by $7,485 in FY 2002. This represents the cost for 300 hours for a principal planner's time to conduct the rulemaking process in accordance with the provisions of this bill. The Office further states that any minor revisions to the rules may be absorbed with their additional funding in future years.