Dobbins JLUS IMP Public Draft Light Pollution Study | Page 72

• explore how energy and maintenance costs can be reduced by replacing existing luminaries with lowerwattage , fully shielded luminaries or by eliminating roadway lighting altogether where appropriate ; and
• beginning November 1 , 2009 and each November 1 thereafter , submit an annual report of its activities and findings to the office of energy and planning .
While elements identified in the bill are a good example of a comprehensive legislature for reducing light pollution , the bill overlooks the placement or replacement of personal light fixtures in regards to light trespass and glare .
Sources : http :// www . legislativestatemap . org / NewHampshire . html ; http :// www . gencourt . state . nh . us / legislation / 2009 / HB0585 . html
State of New Mexico New Mexico is one of the few states that has an act , called the Night Sky Protection Act , to protect dark skies . The act ( NMSA § 74-12-1 et seq .) helps to regulate outdoor lighting fixtures at night to maintain and preserve the state ’ s dark sky while conserving energy , promoting safety , and maintaining the environment for astronomy . The act mandates that all outdoor luminaires installed after January 1 , 2000 be shielded , with the exception of incandescent luminaires of one hundred fifty watts or less , and other light sources of seventy watts or less . The Night Sky Protection Act exempts the following from the requirements of the law :
• outdoor lighting fixtures on advertisement signs on interstates and federal primary highways ;
• outdoor lighting fixtures existing and legally installed prior to the effective date of the Night Sky Protection Act ; however , when existing lighting fixtures become unrepairable , their replacements are subject to all the provisions of the Night Sky Protection Act ;
• navigational lighting systems at airports and other lighting necessary for aircraft safety ; and
• outdoor lighting fixtures that are necessary for worker safety at farms , ranches , dairies , feedlots or industrial , mining or oil and gas facilities .
The requirements found within the Night Sky Protection Act do not apply to a county or municipality that has adopted ordinances or regulations restricting light pollution that are equal to or more stringent than the provisions within the act .
Several state bills pertain to the enforcement of the Night Sky Protection Act and regulations of shielded lighting . These include SB 391 ( 2007 ), HB 461 and HB 362 ( both 2009 ). House Bill 362 amends the Night Sky Protection Act to include mandatory duties of enforcing the Night Sky Protection Act given to the construction industries division of the regulation and licensing department as it applies to public buildings subject to permit and inspection , while each political subdivision of the state is tasked with fully enforcing the act and the provisions found within .
Sources : http :// delapp . com / codes / nm _ night _ sky _ protection _ act _ nmsa74-12-1 . php ; http :// www . legislativestatemap . org / NewMexico . html
State of Oklahoma Although it is not legislature that directly deals with outdoor lighting , Oklahoma Revised Statutes § 11-43-101.1 ( which include HB 2412 [ 2006 ]; HB 2472 [ 2004 ]; HB 2115 [ 2002 ]; and SB 658 [ 2001 ]) allows any jurisdiction within an Air Installation Compatible Use Zone ( AICUZ ) study area , a Joint Land Use Study ( JLUS ) study area , Army Compatible Use Buffer ( ACUB ), or an Environmental Noise Management Plan ( ENMP ) of a military installation to enact ordinance restricting or prohibiting future uses within the aforementioned areas which may create military incompatibility ( or interfere with military operations ) through noise , health , or safety issues .
The ordinance , to be enacted by the local jurisdictions as applicable , restricts or prohibits future uses within the AICUZ or JLUS study areas which may produce light emissions , either directly or indirectly , or by reflective light , which would interfere with pilot vision and aerial or ground-based night vision training .
The local ordinance restrictions within the AICUZ or JLUS study area also applies to future uses that will create excess noise , dust , smoke , electrical emission interference , vertical obstructions , or bird aircraft strike hazards .
While this legislature deals with encroachment issues in lands adjac vision training , it lacks any mention of the maintenance and preserv
Sources : http :// www . legislativestatemap . org / Oklahoma . html ; http :// www . o
State of Rhode Island Rhode Island Revised Statutes § 42-136-4 , Outdoor Lighting Contro luminaires by or for a state agency are “ no more than two percent ( 2 to one hundred eighty ( 180 ) degrees vertical angle if the rated outpu ( 3,200 ) lumens ”. Additionally , the statute encourages passive mean roadway markers and lines , and the conservation of energy and min
Exceptions to the requirements found in § 42-136-4 apply to the fol
• where federal laws , rules or regulations preempt state regu
• where fire , police , rescue or repair personnel need light for
• where there are special requirements , such as sports faciliti lighting . All such lighting shall be selected and installed to greatest extent possible and to minimize upward lighting a
• where there is substantial nighttime pedestrian traffic in an outdoor lighting has deemed it necessary to permit the inst
• where it has been determined that a reasonable safety and s by another method without increasing the cost or reducing
Again , while this legislature deals with outdoor lighting issues and u and preservation of dark or night skies . This legislation was spawne
Sources : http :// www . legislativestatemap . org / RhodeIsland . html ; http :// webs 136-4 . HTM
State of Texas Texas Local Government Code § 240.032 ; House Bill 1013 ( 2009 ) a million and containing at least five U . S . military bases , along with a five miles of a base , to adopt orders at the request of a base to regul within five miles of the installation . 4 While the State of Texas has s this one specifically adheres to outdoor lighting and its direct impac
Texas Local Government Code § 240.062 ; House Bill 2648 ( 2007 ) r use of outdoor lighting , in which it details county regulatory authori court pertaining to outdoor lighting in unincorporated areas of the c against the use of outdoor lighting in a manner than causes excessiv concerns , or any other negative effect on public safety or the ability private property ”. In the orders adopted by counties , the commissio
• require that a permit be obtained from the county before th lighting in a regulated area ;
• establish a fee for the issuance of the permit ;
• prohibit the use of certain types of outdoor lighting ;
����������������������������������������������������������� 4 Texas Local Government Code § 240.032 ; 2009 House Bill 1013 . http :// w
affairs / minimize-encroachment-on-military-installations . aspx
Page A- 4 White Paper – Communities Addressing Light Pollution that Af