ISSUE: DARK SKIES

Outdoor lighting can be bright enough to degrade the visibility of the night sky, create glare that threatens boating and driving safety, and consume large amounts of energy. This excessive illumination is termed light pollution. States are working on “dark sky” initiatives to reduce light pollution by better analyzing lighting needs and encouraging use of shields to control glare and trespass.

Arizona

• The Department of Environmental Quality regulates and defines light pollution in Arizona Title 49 (see Chapter 7).
• In 2003, SB 1218 was passed to establish lighting standards for capital projects.

Arkansas
The Night Sky Protection Act, HB 1282, was introduced in 2003.

California
Section 7 of SB 5, signed April 2001, amends 25402.5. and establishes control of all outdoor lighting by the California Energy Commission (CEC). The CEC has until 2005 to finalize energy-efficient building standards.

Colorado
In 2001, HB 01-1160 – An Act Concerning Energy-Efficient Standards for Certain Outdoor Lighting Fixtures Funded by the State – was passed to conserve energy and protect the night sky.

Connecticut
Connecticut has introduced several dark skies bills that have not become public law:

• In 2001, Connecticut Public Act 01-134, an Act requiring energy-efficient roadway lighting, was repealed.
• HB 5347, introduced in 2002, would have allowed the state to buy out Connecticut Light & Power's interests in streetlights in order to allow municipalities to reduce streetlighting costs.
• HB 5016 was introduced in 2002 to reduce wasted energy represented by light pollution and light trespass from streetlights through qualified programs under the Neighborhood Assistance Program.
• If it had been passed in 2002, HB 5532 would have restricted floodlights and imposed a $100 a day penalty on utility companies still in violation 90 days after notice.
• HB 5636, a bill to reduce light pollution at state buildings and facilities and create a statewide Light Pollution Study Group, was introduced in 2002.
• In 2003, HB 5165, the Outdoor Light Pollution Act, was vetoed by the governor. A similar bill, HB 6051, the Dark Night Sky Act, was also introduced in 2003.

Florida
In 2003, H 1333/S 1956, was introduced to reduce light pollution on the Wekiva River Springs.

Georgia
HB 942 was introduced in 1995 to designate certain state-owned areas as dark sky preserves with limited outdoor lighting. A similar bill, HB 645, was introduced in 1997.

Hawaii
Hawaii introduced two bills in 2003, SCR 88 and SR 62, aimed at accessing and reducing electricity consumption. SR 62 passed the Senate only and SCR 88 died in committee.

Indiana
HB 1839, the Outdoor Lighting Pollution Control Act, was introduced in 2003.

Iowa

• In 1996, HF 2014 was introduced to regulate outdoor lighting shielding.
• HF 265 and SSB 3035 were filed in 1999 to protect the night sky, by limiting glare.

Maine

• 5 M.R.S. § 1769, codified in 1991, restricts state funded outdoor lighting projects to those meeting energy efficiency and glare shielding limits. Maine also restricts lighting near major roads and highways.
• In 2003, HB 1274 was introduced to reduce light pollution.

Maryland
In 2001, Maryland created a task force (House Joint Resolution 14) to study light pollution and lighting efficiency.

Massachusetts
As early as 1995, several versions of the Massachusetts State Outdoor-Lighting Bill had been introduced to the Legislature. The most recent 2003 version is H 1273, an act to limit outdoor night lighting, conserve energy, and reduce light pollution.

Michigan
Outdoor lighting bills were introduced in 1996 (HB 5526) and 1997 (HB 4254).

Minnesota
HF 288, the Environment Act, was introduced in 2003 but died in committee.

New Jersey
New Jersey limits outdoor sign lighting (27:5-9c).

New Hampshire

• In 1999, HB 727 establishes a committee to study light pollution.
• In 2001, the Legislature passed HB 222-FN, which requires state lighting to meet energy efficiency and trespass standards.

New Mexico

• In 1997, HB 337 passed to regulate outdoor lighting.
• In 2000, the Night Sky Protection Act, which requires additional outdoor light shielding and assesses a fine for noncompliance, became law.

New York

• A 5352/S 3386 passed both houses of the Legislature in 2001, but was not signed by the Governor, effectively vetoing the measure. In his refusal, Governor Pataki stated concerns over safety and potential impacts on necessary lighting.
• In 2003, revised versions (A 6950/S 3003 – Healthy Safe Energy-Efficient Outdoor Lighting Acts) were introduced to address these concerns and passed the Assembly, but stalled in Senate committee.

Pennsylvania
HB 2825 was introduced in 2000 to regulate outdoor lighting and to direct the Department of Environmental Quality to develop a dark sky preservation plan.

Rhode Island

• In 2000, H 7990 and its revision, H 7990a, were introduced to conserve energy.
• In 2002, CHAPTER 420 2002-S 2399A was amended to reduce light pollution by shielding outdoor lamps.

Texas

• HB 916, passed in 1999, was first introduced as HB 600 in 1977. The bill restricts outdoor lighting on state property.
• In 2001, HB 164 was passed to limit light pollution around observatories.

Utah
In 2003, the Light Pollution Prevention Act, SCR 1, was passed.

Vermont
HB 99, establishing outdoor lighting guidelines, was introduced in 2003.

Virginia
HB 2026 was introduced in 2001 to regulate exterior illumination.

Washington
In 2003, HB 2178 was filed to address light pollution near shorelines.

Wyoming

• In 2003, SF 48 establishes a tariff on shielded lamps that minimize fugitive lighting.
• SF 49 was also introduced, but did not pass, in this year. It would have authorized municipalities to adopt local light pollution ordinances. It was also introduced in 2000 as SF 41 and in 1999 as SF 17.

For a survey of local ordinances and additional information, visit the International Dark-Sky Association.