PRINTER'S NO. 4099
No. 2825 Session of 2000
INTRODUCED BY B. SMITH, OCTOBER 11, 2000
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 11, 2000
AN ACT 1 Providing for management of outdoor night lighting and for a 2 penalty. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Outdoor 7 Lighting Control Act. 8 Section 2. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Direct light." Light emitting generally in a downward 13 direction by a lamp, off a reflector or through a refractor of a 14 lighting unit. 15 "Full-cutoff lighting unit." A lighting unit in its mounted 16 form that allows no direct light from the lighting unit above a 17 horizontal plane through the lighting unit's lowest light-
1 emitting part. 2 "Glare." Direct light emitted by a lighting unit that causes 3 reduced visibility of objects or momentary blindness. 4 "Lamp." The component of a lighting unit that produces 5 light. 6 "Light pollution." General sky glow caused by the scattering 7 of artificial light in the atmosphere. 8 "Light trespass." Light emitted by a lighting unit that 9 shines beyond the boundaries of the property on which the 10 lighting unit is located. 11 "Lighting unit." A complete lighting unit, including a lamp 12 or lamps together with the parts designed to distribute the 13 light, to position and protect the lamps and to connect the 14 lamps to the power supply. 15 "Lumen." A specific standard unit of measurement of luminous 16 flux. 17 "Noncutoff lighting unit." A streetlight lighting unit in 18 which either the lamp and surrounding glass lens extend below 19 the horizontal plane of opaque shielding elements of the 20 lighting unit, or the lamp is situated on top of a post or on a 21 pivoting support on the side of a building, causing light to be 22 cast as glare outward and upward, beyond its useful range. 23 "Outdoor light fixtures." Outdoor artificial illuminating 24 devices, installed or portable, used for flood-lighting, roadway 25 and area lighting, general illumination or advertisement. 26 "Permanent outdoor lighting unit." Any fixed lighting unit 27 or system of lighting units that is outdoors and that is 28 intended to be used for seven days or longer. 29 "Roadway lighting." Permanent outdoor lighting units that 30 are specifically intended to illuminate roadways for automotive 20000H2825B4099 - 2 -
1 vehicles. 2 "Semicutoff lighting unit." A lighting unit that allows no 3 more than 8% of the light from the lamp to be emitted above a 4 horizontal plane passing through the lighting unit's lowest 5 light-emitting part. 6 Section 3. Outdoor lighting control. 7 (a) Permanent outdoor lighting unit installation.--The 8 installation of any new or replacement permanent outdoor 9 lighting unit by or for a State agency shall meet the following 10 conditions: 11 (1) The new or replacement unit shall be a full-cutoff 12 lighting unit if the rated output of the lighting unit is 13 greater than 1,800 lumens. 14 (2) The minimum allowance specified by an applicable 15 recommendation or regulation shall be used. The average 16 minimum allowance adequate for the intended purpose shall be 17 used if no lighting recommendation or regulation is 18 applicable, giving full consideration to energy conservation, 19 glare and light trespass. 20 (3) Reflectorized roadway markers, lines, warning signs, 21 informational signs or other passive means shall be utilized 22 for roadway lighting except at intersections of two or more 23 streets or highways unless it is determined that the purpose 24 of the lighting installation or replacement cannot be 25 achieved by these means. 26 (4) Adequate consideration shall be given to conserving 27 energy and minimizing glare, light pollution and light 28 trespass. 29 (b) Exceptions.--The following instances shall be exempt 30 from the requirements of subsection (a): 20000H2825B4099 - 3 -
1 (1) Where Federal laws, rules or regulations preempt 2 State regulations. 3 (2) Where fire, police, rescue or repair personnel need 4 light for temporary emergencies or road repair work. 5 (3) Where there are special requirements, such as sports 6 facilities, historic decorative considerations or flag 7 lighting. All such lighting shall be selected and installed 8 to shield the lamp or lamps from direct view to the greatest 9 extent possible and to minimize upward lighting and light 10 trespass. 11 (4) Where there is substantial nighttime pedestrian 12 traffic in an urban area and an engineer experienced in 13 outdoor lighting has deemed it necessary to permit the 14 installation of semicutoff lighting units in a quantity such 15 that the total number of new or replacement semicutoff 16 lighting units within a square mile of the lighting unit does 17 not exceed the total number of existing full-cutoff lighting 18 units. 19 (5) Where it has been determined that a compelling 20 safety interest exists that cannot be addressed by any other 21 method. 22 (c) Regulations.--The Department of Environmental 23 Protection, in consultation with the Department of 24 Transportation and the Department of General Services, shall 25 promulgate regulations to implement the provisions of this 26 section, including a system to ensure that the use of State 27 funds for street lighting complies with the requirements of this 28 section. 29 Section 4. Light trespass. 30 (a) Unreasonable placement.--No person shall unreasonably 20000H2825B4099 - 4 -
1 place or operate a lighting unit in a manner that causes 2 illumination or glare to be cast on the property of another 3 person with the effect of reducing privacy, hindering sleep or 4 creating an unattractive appearance to the area without the 5 permission of the owner, lessee or lawful occupant of the 6 property. The following factors shall be considered for purposes 7 of determining whether the placement or operation of a lighting 8 unit is reasonable: 9 (1) The extent to which the lighting unit furthers a 10 lawful purpose. 11 (2) The severity of the effect upon the property of 12 another. 13 (3) The general character and use of the properties. 14 (4) The extent to which reasonable mitigation measures 15 are available. 16 (b) Penalty.--A person convicted of light trespass shall pay 17 a civil penalty of $100 if the violation is not corrected within 18 ten days of the conviction. 19 Section 5. Dark areas. 20 (a) Designation.--The Department of Environmental Protection 21 may identify and designate as dark areas, areas of this 22 Commonwealth which are especially suitable for astronomical 23 observations or which provide nocturnal benefits to flora and 24 fauna due to their darkness. 25 (b) Proposed plan.--The Department of Environmental 26 Protection shall submit a proposed plan to preserve any areas 27 designated as dark areas to the Governor and the General 28 Assembly within 18 months of the designation of the area as a 29 dark area. 30 Section 6. Applicability. 20000H2825B4099 - 5 -
1 The provisions of this act shall not supersede any other 2 Federal or State law controlling lighting, light fixtures or 3 units, signage, outdoor advertising, displays or devices. 4 Section 7. Effective date. 5 This act shall take effect in 60 days. J2L27MSP/20000H2825B4099 - 6 -