HOUSE DOCKET, NO. 3422        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3065

The Commonwealth of Massachusetts

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PRESENTED BY:

David B. Sullivan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act requiring efficient outdoor lighting.

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PETITION OF:

HOUSE DOCKET, NO. 3422        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3065

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act requiring efficient outdoor lighting.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 22O the following section:-

“Section 22P.  (a) As used in this section, the following words shall have the following meanings:

“Glare”, direct light emitted by a luminaire that causes reduced visibility of objects or momentary blindness;

“Illuminance”, a level of light measured at a surface;

“Lamp”, the component of a luminaire that produces light;

“Light pollution”, general sky glow caused by the scattering of artificial light in the atmosphere;

“Light trespass”, light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located;

“Lumen”, a specific standard unit of measurement of luminous flux;

“Luminaire”, a complete lighting unit, including a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply;

“Outdoor light fixtures”, outdoor artificial illuminating devices, installed or portable, used for flood lighting, roadway and area lighting, general illumination, or advertisement;

“Permanent outdoor luminaire”, any fixed luminaire or system of luminaires that is outdoors and that is intended to be used for thirty (30) days or longer;

“Roadway lighting”, permanent outdoor luminaires that are specifically intended to illuminate roadways for automotive vehicles;

“Shielded luminaire”, a luminaire that allows no more than 2% of the light from the luminaire above a horizontal plane through the luminaire's lowest light emitting part, in its mounted form;

“State funds”, any bond revenues or any money appropriated or allocated by the general court.

(b) On or after the effective date of this act, the State shall install, replace, or maintain an outdoor lighting fixture by using State funds only if:

(1) any outdoor lighting fixture with a rated output greater than 1,800 lumens is installed or replaced with a luminaire that is shielded;

(2) the minimum illuminance adequate for the intended purpose is used with consideration given to nationally recognized standards;

(3) for lighting of a designated highway of the State highway system, the Department of Transportation determines that the purpose of the outdoor lighting fixture cannot be achieved by the installation of reflective road markers, lines, warning or informational signs, or other effective passive methods; and

(4) full consideration has been given to energy conservation, reducing glare, minimizing light pollution and preserving the natural night environment.

(c) Paragraph (b) of this section shall not apply if: 

(1) the outdoor lighting fixture is used on a temporary basis to provide additional illumination for emergency procedures or nighttime work;

(2) the outdoor lighting fixture is used for a special event or situation requiring lighting that cannot be met under these requirements, such as but not limited to sports facilities, historic decorative considerations, monuments or flag lighting; provided, however, that all such lighting shall be selected and installed to shield the lamp(s) from direct view to the greatest extent possible, and to minimize upward lighting and light trespass;

(3) the lighting results in a higher energy use than an alternative solution;

(4) a compelling safety interest exists that cannot be addressed by another method;

(5) a federal law supersedes or is inconsistent with its requirements;

(6) the outdoor lighting fixture is used solely to enhance the aesthetic beauty of an object, structure or landscape and is less than 12,000 lumens emitted from the luminaire;

(7) a qualified lighting professional has determined, based on life cycle cost analysis, that such lighting is not cost effective; or

(8) the outdoor lighting fixture is used for the replacement of individual previously installed lighting fixtures that are destroyed, damaged or inoperative.”