HF 446

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the environment; restricting outdoor light pollution; proposing coding
for new law in Minnesota Statutes, chapter 16B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin PURPOSE.
new text end

new text begin The legislature finds that it is beneficial to conserve energy in all forms, to reduce
oppressive glare from lighting, to minimize light pollution, and to preserve the night
environment. The legislature requests the cooperation of public and private utilities,
billboard owners, commercial and industrial businesses, and others owning or operating
outdoor lights in reducing light pollution to the greatest extent practicable.
new text end

Sec. 2.

new text begin [16B.327] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For the purposes of section 16B.328, the definitions
in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Energy conservation. new text end

new text begin "Energy conservation" means reducing energy use
and includes using a light with lower wattage or time controls.
new text end

new text begin Subd. 3. new text end

new text begin Cutoff luminaire. new text end

new text begin "Cutoff luminaire" means a luminaire in which 2.5
percent or less of the lamp lumens are emitted above a horizontal plane through the
luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
angle 80 degrees above the luminaire's lowest point.
new text end

new text begin Subd. 4. new text end

new text begin Light pollution. new text end

new text begin "Light pollution" means the night sky glow caused by the
scattering of artificial light in the atmosphere.
new text end

new text begin Subd. 5. new text end

new text begin Outdoor lighting fixture. new text end

new text begin "Outdoor lighting fixture" means any type of
fixed or movable lighting equipment that is designed or used for illumination outdoors.
The term includes billboard lighting, streetlights, searchlights, and other lighting used for
advertising purposes and area lighting. The term does not include lighting equipment
that is required by law to be installed on motor vehicles or lighting required for the safe
operation of aircraft.
new text end

Sec. 3.

new text begin [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
FIXTURES; MODEL ORDINANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Outdoor lighting fixtures. new text end

new text begin (a) An outdoor lighting fixture may be
installed or replaced using state funds only if:
new text end

new text begin (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
output of the outdoor lighting fixture is greater than 1,800 lumens;
new text end

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

new text begin (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
new text end

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

new text begin (b) Paragraph (a) does not apply if:
new text end

new text begin (1) a federal law, rule, or regulation preempts state law;
new text end

new text begin (2) the outdoor lighting fixture is used on a temporary basis because emergency
personnel require additional illumination for emergency procedures;
new text end

new text begin (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
new text end

new text begin (4) special events or situations require additional illumination, provided that the
illumination installed shields the outdoor lighting fixtures from direct view and minimizes
upward lighting and light pollution;
new text end

new text begin (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
a single object or distinctive building; or
new text end

new text begin (6) a compelling safety interest exists that cannot be addressed by another method.
new text end

new text begin (c) This subdivision does not apply to the operation and maintenance of lights or
lighting systems purchased or installed, or for which design work is completed, before
August 1, 2007.
new text end

new text begin Subd. 2. new text end

new text begin Model ordinance. new text end

new text begin The commissioner of administration, in consultation
with the commissioner of commerce, associations for local governments, and any other
interested person, shall develop a model ordinance that can be adapted for use by cities,
counties, and towns, governing outdoor lighting to reduce light pollution. The model
ordinance must include provisions addressing elements similar to those in subdivision 1.
In addition, the model ordinance must address:
new text end

new text begin (1) standards for lighting on private property, outdoor advertising, lighting on
commercial, industrial, or institutional property, canopies covering fueling stations, and
public streets, sidewalks, and alleys;
new text end

new text begin (2) how illumination levels should be measured;
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new text begin (3) possible exemptions, such as for temporary emergency or hazard lighting;
new text end

new text begin (4) recommended elements for an exterior lighting plan for a development;
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new text begin (5) treatment of nonconforming lighting;
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new text begin (6) lighting standards that might apply in special subdistricts;
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new text begin (7) light pole maximum heights; and
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new text begin (8) light trespass.
new text end