Dobbins JLUS IMP Public Draft Light Pollution Study | Page 91

height of five feet or more at any point along the adjacent property
line.
OLR Bill Analysis
sHB 5686
AN ACT REQUIRING REDUCTION IN HAZARDOUS ROAD GLARE
AND LIGHT POLLUTION FROM PRIVATE AREA FLOODLIGHTING
LOCATED WITHIN THE STATE RIGHT-OF-WAY
SUMMARY:
This bill (1) prohibits floodlights intended to illuminate private
property from being located in a state highway right-of-way unless
they meet certain light pollution reduction and other requirements; (2)
prohibits a floodlight from being located in a state highway right-of-
way if the private property it is intended to illuminate is across the
highway from the utility pole on which it would be mounted; (3)
requires any existing luminaire that violates either of the above
requirements to be brought into compliance with the bill’s floodlight
restrictions by October 1, 2005; and (4) beginning October 1, 2005,
requires the transportation commissioner to impose a civil penalty on
any electric distribution company he notifies of a floodlight violation
that fails to correct the violation within 90 days. The bill defines a
floodlight as a luminaire with an output greater than 1,800 lumens and
a luminaire as the complete lighting system, including the lamp and
fixture.
EFFECTIVE DATE: October 1, 2003
RESTRICTIONS ON FLOODLIGHTS
PRIVATE PROPERTY
USED
TO
ILLUMINATE
Under the bill, “light trespass” is light from the luminaire that shines
beyond the boundaries of the property meant for illumination; “direct
light” is light that can be seen directly from the light source and other
light-emitting or reflecting parts of the luminaire; “light pollution” is
direct light emitted above the horizontal plane running through the
lowest point on the luminaire; “glare” is the sensation produced by the
illumination within the visual field that is sufficiently greater than the
illumination to which the eyes are adapted and thus causes annoyance,
discomfort, or loss in visual performance and visibility; and
“illuminance” is the density of luminous flux incident on a surface that
is represented by the luminous flux divided by the area of the surface
when it is uniformly illuminated.
CORRECTION OF REPORTED FLOODLIGHT VIOLATIONS AND
CIVIL PENALTIES
The bill requires the transportation commissioner, beginning October
1, 2005, to notify an electric distribution company of a reported
violation of the requirements pertaining to floodlights. The company
must correct the violation within 90 days of getting the notice. If it
fails to do so, the commissioner must impose a civil penalty of $100 per
day as long as the violation continues after the 90-day period. The bill
requires civil penalties to be paid from shareholders’ profits and
prohibits the Department of Public Utility Control from including
them when determining the company’s rates.
COMMITTEE ACTION
The bill prohibits a luminaire intended for private property
illumination from being located on a state highway right-of-way
unless (1) it is designed to maximize energy conservation and
minimize light pollution, glare, and light trespass; (2) the maintained
illuminance levels it produces are equal to the minimum levels
recommended by the Illuminating Engineering Society of North
America for the lighting application; and (3) the luminaire is
sufficiently shielded and aimed so that (a) its direct light in not visible
at any point on the highway where the viewing height is four feet or
more and the distance from the pole is 70 feet or more and (b) there is
no light trespass onto properties adjacent to the one for which the
illumination is intended and its direct light is not visible at a viewing Transportation Committee
Researcher: JF Researcher: JF
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Appendix A:
White Paper – Communities Addressing Light Pollution that Affect Nighttime Military Training
Joint Favorable Substitute
Yea 26
Nay 0
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9/10/14
Page A- 23