HF 160

as introduced - 84th Legislature (2005 - 2006) 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 116.

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 for conservation, to reduce oppressive glare
of lighting, to minimize artificial 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 to reduce artificial light pollution to
the greatest extent practicable.
new text end

Sec. 2.

new text begin [116.935] 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
116.936, 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 costs and resources used 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 Full cutoff luminaire. new text end

new text begin "Full 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 [116.936] STANDARDS FOR STATE-FUNDED OUTDOOR
LIGHTING FIXTURES.
new text end

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

new text begin (1) the new or replacement outdoor lighting fixture is a
full 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 as long as 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 enhance
the aesthetic beauty of a single object; or
new text end

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