Dobbins JLUS IMP Public Draft Light Pollution Study | Page 93

or replacement cannot be achieved by reducing the speed limit in the area to
be lighted or by installing reflectorized roadway markers, lines, warnings,
informational signs or other means of passive or reflective lighting.
(c) The Commissioner of Transportation or the commissioner's designee may
waive the provisions of subdivision (3) of subsection (b) of this section when,
after a request for such a waiver has been made and reviewed, the commissioner
or the commissioner's designee determines that such a waiver is necessary for
the lighting application. Requests for such a waiver shall be made to the
commissioner or the commissioner's designee in such form as the commissioner
shall prescribe and shall include, without limitation, a description of the lighting
plan, a description of the efforts that have been made to comply with the
provisions of subdivision (3) of subsection (b) of this section and the reasons such
a waiver is necessary. In reviewing a request for such a waiver, the commissioner
shall consider design safety, costs and other factors deemed appropriate by the
commissioner.
made to comply with the provisions of subdivision (3) of this subsection. Said
official may consider design safety, costs and other factors deemed appropriate
by said official.
(f) The provisions of this section shall not apply to the installation or replacement
of luminaires for which the Secretary of the Office of Policy and Management (1)
conducts a life-cycle cost analysis of one or more luminaires which meet the
requirements set forth in subsection (b) of this section and one or more
luminaires which do not meet such requirements, and (2) certifies that a
luminaire which meets such requirements is not cost effective and is not the most
appropriate alternative based on the life-cycle cost analysis.
Approved June 28, 2001
(d) The chief elected official of a municipality or said official's designee may
waive the provisions of subdivision (4) of subsection (b) of this section when,
after a request for such a waiver has been made and reviewed, said official or
said official's designee determines that such a waiver is necessary for the lighting
application. Requests for such a waiver shall be made to said official or said
official's designee in such form as said official shall prescribe and shall include,
without limitation, a description of the lighting plan, a description of the efforts
that have been made to comply with the provisions of subdivision (4) of
subsection (b) of this section and the reasons such a waiver is necessary. In
reviewing a request for such a waiver, said official shall consider design safety,
costs and other factors deemed appropriate by said official.
(e) 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 (1) the luminaire is designed to maximize energy
conservation and to minimize light pollution, glare and light trespass, (2) the
luminaire's illuminance is equal to the minimum illuminance adequate for the
intended purpose of the lighting, and (3) for a luminaire with a rated output of
more than 1800 lumens used on municipal roads, such luminaire is a full cutoff
luminaire. The chief elected official of a municipality or said official's designee
may waive the provisions of subdivision (3) of this subsection when, after
written notice from the public utility company thirty days prior to the
installation or replacement of said luminaire, said official or said official's
designee determines that a waiver is necessary for the lighting application. Such
notice shall be in such form as said official shall prescribe and may include a
description of the lighting plan and a description of the efforts that have been
Appendix A:
White Paper – Communities Addressing Light Pollution that Affect Nighttime Military Training
Page A- 25