PRIOR PRINTER'S NOS. 1345, 2735 PRINTER'S NO. 2860
No. 300 Session of 2001
INTRODUCED BY B. SMITH, SCHRODER, READSHAW, KREBS, STEELMAN,
HERSHEY, YOUNGBLOOD, J. EVANS, HARHAI, HORSEY, HUTCHINSON,
R. MILLER, S. MILLER, RUBLEY, SANTONI, WALKO, WANSACZ, WILT,
HENNESSEY, ARMSTRONG, COSTA AND HARPER, MARCH 26, 2001
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 13, 2001
AN ACT
1 Providing for management of outdoor night lighting.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Outdoor
6 Lighting Control Act.
7 Section 2. Findings.
8 The General Assembly finds that fully shielded lighting units
9 considerably reduce light pollution. The General Assembly
10 further finds that the replacement of unshielded lighting units
11 with fully shielded lighting units can result in substantial
12 lowering in the wattage of the lamp needed to maintain an
13 equivalent level of lighting on the ground, thereby realizing a
14 considerable energy savings to the Commonwealth. Therefore, it
15 is in the public interest to require the use of fully shielded
16 lighting units to the maximum extent possible.
1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Direct light." Light emitting generally in a downward
6 direction by a lamp, off a reflector or through a refractor of a
7 lighting unit.
8 "Fully shielded lighting unit." A lighting unit that is
9 constructed in such a manner that all light emitted, either
10 directly from the lamp or indirectly by reflection or refraction
11 from any part of the lighting unit, is projected below the
12 horizontal.
13 "Glare." Direct light emitted by a lighting unit that causes
14 reduced visibility of objects or momentary blindness.
15 "Lamp." The component of a lighting unit that produces
16 light.
17 "Light pollution." General sky glow caused by the scattering
18 of artificial light in the atmosphere.
19 "Lighting unit." A complete lighting unit, including a lamp
20 or lamps together with the parts designed to distribute the
21 light, to position and protect the lamps and to connect the
22 lamps to the power supply.
23 "Lumen." A specific standard unit of measurement of luminous
24 flux.
25 "Outdoor light fixtures." Outdoor artificial illuminating
26 devices, installed or portable, used for flood-lighting, roadway
27 and area lighting, general illumination or advertisement.
28 "Partially shielded lighting unit." A lighting unit that is
29 constructed in such a manner that more than zero but less than
30 10% of the light emitted, either directly from the lamp or
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1 indirectly by reflection or refraction from any part of the
2 lighting unit, is projected above the horizontal.
3 "Permanent outdoor lighting unit." Any fixed lighting unit
4 or system of lighting units that is outdoors and that is
5 intended to be used for seven days or longer.
6 "Roadway lighting." Permanent outdoor lighting units that
7 are specifically intended to illuminate roadways for automotive
8 vehicles.
9 "Unshielded lighting unit." A lighting unit that is
10 constructed in such a manner that more than 10% of the light
11 emitted, either directly from the lamp or indirectly by
12 reflection or refraction from any part of the lighting unit, is
13 projected above the horizontal.
14 Section 4. Outdoor lighting control.
15 (a) Permanent outdoor lighting unit installation.--The
16 installation of any new or replacement permanent outdoor
17 lighting unit by or for a State agency shall meet the following
18 conditions:
19 (1) The new or replacement unit shall be a fully
20 shielded lighting unit if the rated output of the lighting
21 unit is greater than 1,800 lumens.
22 (2) The minimum allowance specified by an applicable
23 recommendation or regulation shall be used. The average
24 minimum allowance adequate for the intended purpose shall be
25 used if no lighting recommendation or regulation is
26 applicable, giving full consideration to energy conservation
27 and glare.
28 (3) Reflectorized roadway markers, lines, warning signs,
29 informational signs or other passive means shall be utilized
30 for roadway lighting except at intersections of two or more
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1 streets or highways unless it is determined that the purpose
2 of the lighting installation or replacement cannot be
3 achieved by these means.
4 (4) Adequate consideration shall be given to conserving
5 energy and minimizing glare and light pollution.
6 (b) Exceptions.--The following instances shall be exempt
7 from the requirements of subsection (a):
8 (1) Where Federal laws, rules or regulations preempt
9 State regulations.
10 (2) Where fire, police, rescue or repair personnel need
11 light for temporary emergencies or road repair work.
12 (3) Where there are special requirements, such as sports
13 facilities, historic decorative considerations or flag
14 lighting. All such lighting shall be selected and installed
15 to shield the lamp or lamps from direct view to the greatest
16 extent possible and to minimize upward lighting and light
17 pollution.
18 (4) Where there is substantial nighttime pedestrian
19 traffic in an urban area and an engineer experienced in
20 outdoor lighting has deemed it necessary to permit the
21 installation of partially shielded lighting units.
22 (5) Where it has been determined that a reasonable
23 safety and security interest exists that cannot be addressed
24 by another method without increasing the cost or reducing the
25 effectiveness of the lighting.
26 (c) Implementation.--The Governor shall be responsible for
27 the implementation of this section.
28 Section 5. Dark Sky Preserve.
29 (a) Designation.--The Department of Conservation and Natural
30 Resources shall identify and designate Cherry Springs State Park
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1 in Potter County as a Dark Sky Preserve.
2 (b) Management.--The Department of Conservation and Natural
3 Resources shall manage Cherry Springs State Park in a manner to
4 eliminate or prevent light pollution and preserve the
5 exceptional conditions necessary for astronomical observations.
6 Section 6. Applicability.
7 The provisions of this act shall not supersede any other
8 Federal or State law controlling lighting, light fixtures or
9 units, signage, outdoor advertising, displays or devices.
10 Section 7. Effective date.
11 This act shall take effect in 60 days JULY 1, 2002. <--
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