SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is hereby amended by adding thereto the following chapter:

CHAPTER 136
OUTDOOR LIGHTING CONTROL

42-136-1. Short title. -- This act shall be known and may be cited as the "Outdoor Lighting Control Act."

42-136-2. Findings. -- The general assembly finds that fully shielded lighting units considerably reduce light pollution. The general assembly further finds that the replacement of unshielded lighting units with fully shielded lighting units can result in substantial lowering in the wattage of the lamp needed to maintain an equivalent level of lighting on the ground, thereby realizing a considerable energy savings to the state. Therefore, it is in the public interest to require the use of fully shielded lighting units to the maximum extent possible.

42-136-3. Definitions. -- As used in this chapter:

(1) "Direct light" means light emitting generally in a downward direction by a lamp, off a reflector or through a refractor of a lighting unit.

(2) "Fully shielded lighting unit" means a lighting unit that is constructed in such a manner that all light emitted, either directly from the lamp or indirectly by reflection or refraction from any part of the lighting unit, is projected below the horizontal.

(3) "Glare" means direct light emitted by a lighting unit that causes reduced visibility of objects or momentary blindness.

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

(5) "Light pollution" means a general sky glow caused by the scattering of artificial light in the atmosphere.

(6) "Lighting unit" means 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.

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

(8) "Outdoor light fixtures" means outdoor artificial illuminating devices, installed or portable, used for flood-lighting, roadway and area lighting, general illumination or advertisement.

(9) "Partially shielded lighting unit" means a lighting unit that is constructed in such a manner that more than zero (0) but less than ten percent (10%) of the light emitted, either directly from the lamp or indirectly by reflection or refraction from any part of the lighting unit, is projected above the horizontal.

(10) "Permanent outdoor lighting unit" means any fixed lighting unit or system of lighting units that is outdoors and that is intended to be used for seven (7) days or longer.

(11) "Roadway lighting" means permanent outdoor lighting units that are specifically intended to illuminate roadways for automotive vehicles.

(12) "Unshielded lighting unit" means a lighting unit that is constructed in such a manner that more than ten percent (10%) of the light emitted, either directly from the lamp or indirectly by reflection or refraction from any part of the lighting unit, is projected above the horizontal.

42-136-4. Outdoor lighting control. -- (a) Permanent outdoor lighting unit installation. The installation of any new or replacement permanent outdoor lighting unit by or for a state agency shall meet the following conditions:

(1) The new or replacement luminare permits are no more than two percent (2%) of the total lumen in the zone of ninety (90) to one hundred eighty (180) degrees vertical angle if the rated output of the lumen is greater than thirty-two hundred (3,200) lumens.

(2) The minimum allowance specified by an applicable recommendation or regulation shall be used. The average minimum allowance adequate for the intended purpose shall be used if no lighting recommendation or regulation is applicable, giving full consideration to energy conservation and glare.

(3) Reflectorized roadway markers, lines, warning signs, informational signs or other passive means shall be utilized for roadway lighting except at intersections of two (2) or more streets or highways unless it is determined that the purpose of the lighting installation or replacement cannot be achieved by these means.

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

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

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

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

(3) Where there are special requirements, such as sports facilities, historic decorative considerations or flag lighting. All such lighting shall be selected and installed to shield the lamp or lamps from direct view to the greatest extent possible and to minimize upward lighting and light pollution.

(4) Where there is substantial nighttime pedestrian traffic in an urban area and an engineer experienced in outdoor lighting has deemed it necessary to permit the installation of partially shielded lighting units.

(5) Where it has been determined that a reasonable safety and security interest exists that cannot be addressed by another method without increasing the cost or reducing the effectiveness of the lighting.

42-136-5. Implementation of chapter. -- The department of transportation shall promulgate rules and regulations which are deemed necessary and proper for the expedient implementation of the provisions of this chapter.

42-136-6. Severability. -- The provisions of this chapter are severable. If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without regard to the invalid provisions or application.

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