2002 -- 2399 SUBSTITUTE A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OUTDOOR LIGHTING

CONTROL

     Introduced By: Senators Blais, Sosnowski, and Breene

     Date Introduced: January 30, 2002

     Referred To: Joint Environment & Energy

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 133

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OUTDOOR LIGHTING CONTROL

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     42-133-1. Short title. – This act shall be known and may be cited as the “Outdoor

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Lighting Control Act.”

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     42-133-2. Findings. – The general assembly finds that fully shielded lighting units

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considerably reduce light pollution. The general assembly further finds that the replacement of

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unshielded lighting units with fully shielded lighting units can result in substantial lowering in the

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wattage of the lamp needed to maintain an equivalent level of lighting on the ground, thereby

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realizing a considerable energy savings to the state. Therefore, it is in the public interest to require

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the use of fully shielded lighting units to the maximum extent possible.

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     42-133-3. Definitions. – As used in this chapter:

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     (1) “Direct light” means light emitting generally in a downward direction by a lamp, off a

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reflector or through a refractor of a lighting unit.

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      (2) “Fully shielded lighting unit” means a lighting unit that is constructed in such a

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manner that all light emitted, either directly from the lamp or indirectly by reflection or refraction

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from any part of the lighting unit, is projected below the horizontal.

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      (3) “Glare” means direct light emitted by a lighting unit that causes reduced visibility of

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objects or momentary blindness.

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      (4) “Lamp” means the component of a lighting unit that produces light.

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      (5) “Light pollution” means a general sky glow caused by the scattering of artificial light

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in the atmosphere.

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      (6) “Lighting unit” means a complete lighting unit, including a lamp or lamps together

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with the parts designed to distribute the light, to position and protect the lamps and to connect the

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lamps to the power supply.

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      (7) “Lumen” means a specific standard unit of measurement of luminous flux.

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      (8) “Outdoor light fixtures” means outdoor artificial illuminating devices, installed or

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portable, used for flood-lighting, roadway and area lighting, general illumination or

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advertisement.

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      (9) “Partially shielded lighting unit” means a lighting unit that is constructed in such a

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manner that more than zero (0) but less than ten percent (10%) of the light emitted, either directly

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from the lamp or indirectly by reflection or refraction from any part of the lighting unit, is

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projected above the horizontal.

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      (10) “Permanent outdoor lighting unit” means any fixed lighting unit or system of

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lighting units that is outdoors and that is intended to be used for seven (7) days or longer.

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      (11) “Roadway lighting” means permanent outdoor lighting units that are specifically

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intended to illuminate roadways for automotive vehicles.

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      (12) “Unshielded lighting unit” means a lighting unit that is constructed in such a manner

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that more than ten percent (10%) of the light emitted, either directly from the lamp or indirectly

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by reflection or refraction from any part of the lighting unit, is projected above the horizontal.

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     42-133-4. Outdoor lighting control. – (a) Permanent outdoor lighting unit installation.

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The installation of any new or replacement permanent outdoor lighting unit by or for a state

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agency shall meet the following conditions:

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     (1) The new or replacement luminare permits are no more than two percent (2%) of the

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total lumen in the zone of ninety (90) to one hundred eighty (180) degrees vertical angle if the

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rated output of the lumen is greater than thirty-two hundred (3,200) lumens.

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      (2) The minimum allowance specified by an applicable recommendation or regulation

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shall be used. The average minimum allowance adequate for the intended purpose shall be used if

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no lighting recommendation or regulation is applicable, giving full consideration to energy

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conservation and glare.

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      (3) Reflectorized roadway markers, lines, warning signs, informational signs or other

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passive means shall be utilized for roadway lighting except at intersections of two (2) or more

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streets or highways unless it is determined that the purpose of the lighting installation or

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replacement cannot be achieved by these means.

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      (4) Adequate consideration shall be given to conserving energy and minimizing glare and

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light pollution.

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      (b) Exceptions. The following instances shall be exempt from the requirements of

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subsection (a):

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     (1) Where federal laws, rules or regulations preempt state regulations.

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     (2) Where fire, police, rescue or repair personnel need light for temporary emergencies or

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road repair work.

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      (3) Where there are special requirements, such as sports facilities, historic decorative

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considerations or flag lighting. All such lighting shall be selected and installed to shield the lamp

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or lamps from direct view to the greatest extent possible and to minimize upward lighting and

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light pollution.

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      (4) Where there is substantial nighttime pedestrian traffic in an urban area and an

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engineer experienced in outdoor lighting has deemed it necessary to permit the installation of

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partially shielded lighting units.

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      (5) Where it has been determined that a reasonable safety and security interest exists that

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cannot be addressed by another method without increasing the cost or reducing the effectiveness

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of the lighting.

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     42-133-5. Implementation of chapter. – The department of transportation shall

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promulgate rules and regulations which are deemed necessary and proper for the expedient

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implementation of the provisions of this chapter.

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     42-133-6. Severability. – The provisions of this chapter are severable. If any provisions

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of this chapter or the application thereof to any person or circumstance is held invalid, the

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invalidity shall not affect other provisions or applications of this chapter which can be given

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effect without regard to the invalid provisions or application.

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     SECTION 2. This act shall take effect on July 1, 2002.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OUTDOOR LIGHTING

CONTROL

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     This act would create the “Outdoor Lighting Control Act” for the purpose of reducing

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outdoor light pollution by eliminating unshielded state-controlled lighting units. The act would be

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implemented through the department of transportation.

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     This act would take effect on July 1, 2002.

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