9-E:2 State Purchase of Permanent Outdoor Lighting Design. –
I. No state funds shall be used to install or replace any permanent outdoor luminaire unless:
(a) The luminaire is a fully shielded luminaire when the rated output of the luminaire is greater than 1,800 lumens.
(b) The maximum illuminance at the designated surface does not exceed the minimum illuminance level recommended for that purpose by the Illuminating Engineering Society of North America or the Federal Highway Administration.
(c) The director of the agency responsible for the funding of such luminaire or having authority over the illuminated infrastructure ensures that consideration is given to minimizing glare and light trespass.
II. The requirements of paragraph I shall not apply if:
(a) Compliance would create a conflict with federal laws or regulations;
(b) The director of the agency responsible for funding the installation of such luminaire or having authority over the illuminated infrastructure determines that there is a compelling safety interest that cannot be addressed by any other method;
(c) With respect to roadway lighting on state highways, when in specific instances the commissioner of transportation determines that use of a fully shielded luminaire would compromise the safety of the public utilizing the highway, increase the cost of the lighting plan or lighting replacement for the highway, or violate any provision of federal law; or
(d) The luminaire shall be used to illuminate designated public and historic structures, monuments, and flags of the United States of America and the state of New Hampshire.
III. No public utility company may install or replace a permanent outdoor luminaire for roadway lighting if the cost of operating such luminaire is paid for by municipal funds, unless:
(a) The luminaire is a fully shielded luminaire when the rated output of the luminaire is greater than 1,800 lumens.
(b) The maximum illuminance at the designated surface does not exceed the minimum illuminance recommended for that purpose by the Illuminating Engineering Society of North America or the Federal Highway Administration.
(c) The governing body of a municipality may waive the provisions of subparagraphs (a) and (b) when, after written notice from the public utility company 30 days prior to the installation or replacement of the luminaire, the governing body determines that a waiver is necessary for the lighting application. Such notice shall be in such form as the governing body shall prescribe and may include a description of the lighting plan and a description of the efforts that have been made to comply with the provisions of RSA 9-E:3. The governing body may consider design safety, costs, and other factors deemed appropriate by the governing body.