TITLE I
THE STATE AND ITS GOVERNMENT
Chapter 9-E
OUTDOOR LIGHTING EFFICIENCY
Section 9-E:1
9-E:1 Definitions. –
In this chapter:
I. "Fixture" means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens.
II. "Fully shielded luminaire" means a luminaire that allows no direct light emissions above a horizontal plane through the luminaire's lowest light-emitting part.
III. "Glare" means direct light emitting from a luminaire that is significantly greater than luminance to which the eyes are adapted which causes reduced vision or momentary blindness.
IV. "Illuminance" means the unit measure of light at a surface.
V. "Light trespass" means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.
VI. "Lumen" means a unit of measure of luminous flux.
VII. "Luminaire" means the complete lighting system, including the lamp and the fixture.
VIII. "Lamp" means the component of a luminaire that produces the specific form of radiant energy that is observed as light.
IX. "Permanent outdoor luminaire" means any luminaire or system of luminaires that is outdoors and intended to be used for 21 days or longer.
X. "State highway" means any of the highways of the state classified in RSA 229:5.
Source. 2009, 212:1, eff. Sept. 13, 2009.
Section 9-E:2
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.
Source. 2009, 212:1, eff. Sept. 13, 2009.
Section 9-E:3
9-E:3 New Hampshire Dark Sky Policy. –
It shall be the policy of the state of New Hampshire to encourage municipalities to enact such local ordinances and regulations as they deem appropriate to conserve energy consumed by outdoor lighting; to minimize light pollution and glare; and to preserve dark skies as a feature of rural character wherever practicable.
Source. 2009, 212:1, eff. Sept. 13, 2009.
Section 9-E:4
9-E:4 Part-Night Rate for Roadway and Area Lighting. –
To encourage cost savings and energy conservation, the public utilities commission shall, subject to its ratemaking authority under RSA 378, develop a rate for part-night or midnight service for unmetered street or area lighting. Such a rate shall be revenue neutral with respect to utility distribution revenue.
Source. 2009, 212:1, eff. Sept. 13, 2009.
Section 9-E:5
9-E:5 Report by Department of Transportation. –
The department of transportation shall:
I. Review and update its criteria for roadway lighting to ensure that its current standards and procedures conform to commonly accepted best practices.
II. Explore how energy and maintenance costs can be reduced by replacing existing luminaries with lower-wattage, fully shielded luminaries or by eliminating roadway lighting altogether where appropriate.
III. Beginning November 1, 2009 and each November 1 thereafter, submit an annual report of its activities and findings to the department of energy.
Source. 2009, 212:1, eff. Sept. 13, 2009. 2017, 156:64, eff. July 1, 2017. 2021, 91:200, eff. July 1, 2021.