Revision Jan. 2, 2001 email comments to coloida@juno.com First Regular Session Sixty-third General Assembly STATE OF COLORADO DRAFT LLS NO. 01-0618.01 Christy Chase HOUSE BILL HOUSE SPONSORSHIP Romanoff SENATE SPONSORSHIP (None) -- still needed! A BILL FOR AN ACT Concerning standards for certain new outdoor lighting fixtures funded by the state. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Authorizes the use of state funds to install any new outdoor lighting fixture only if:  For outdoor lighting fixtures with a rated output greater than a certain level of lumens, the new outdoor lighting fixture is a full cutoff luminaire;  The minimum illuminance adequate for the intended purpose is used with consideration given to nationally recognized standards;  Full consideration has been given to energy conservation, glare reduction, the minimization of light trespass and pollution, and the preservation of the natural night environment; and  For purposes of lighting state highways, the department of transportation determines that the installation of reflective road markers, lines, warning or informational signs, or other methods that do not require the use of artificial lighting will not achieve the purpose of an outdoor lighting fixture. Makes exceptions when:  Federal law or regulation preempts the restrictions;  The outdoor lighting fixture is used temporarily for emergency purposes;  The outdoor lighting fixture is used temporarily for nighttime work;  Additional illumination is required for a special event or situation as long as the lighting is installed so as to shield the fixture from direct view and to minimize upward lighting and light pollution;  The outdoor lighting fixture is used solely to enhance the aesthetic beauty of an object; or  A compelling safety interest exists that cannot be addressed by another method. Defines terms. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Energy costs in the state have been on the rise in recent years due in part to increased energy consumption and decreased energy efficiency and conservation. (b) Properly directed lighting can save up to fifty percent in operation costs, resulting in a more efficient use of tax dollars to pay for state-funded light fixtures. (c) Improperly aimed lighting can increase energy costs, produce unsafe conditions such as glare and deep shadows, and contribute to light pollution of the night sky. (d) Properly aimed lighting can also minimize light trespass and pollution, reduce glare, and improve the view of the night sky, thereby preserving one of Colorado's natural resources. (e) It is the declared policy of the state of Colorado to conserve energy and protect and preserve the night sky, and requiring state agencies, when installing new outdoor lighting fixtures, to use certain types of outdoor lighting fixtures that conserve energy, reduce glare, and minimize light trespass and pollution is necessary to advance such policy. SECTION 2. Article 82 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read: PART 9 OUTDOOR LIGHTING FIXTURES 24-82-901. Definitions. As used in this part 9, unless the context otherwise requires: (1) "Energy conservation" means reducing energy costs and resources used and includes using a light with lower wattage or a timer switch. (2) "Full cutoff luminaire" means a luminaire that allows no direct light emissions above a horizontal plane through the luminaire's lowest light-emitting part. (3) "Glare" means direct light emitting from a luminaire that causes reduced vision or momentary blindness. (4) "Light pollution" means the night sky glow caused by the scattering of artificial light in the atmosphere. (5) "Light trespass" means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located. (6) "Luminaire" means the complete lighting system, including the lamp and the fixture. (7) (a) "Outdoor lighting fixture" means any type of fixed or movable lighting equipment that is designed or used for illumination outdoors and includes: (I) Area lighting; and (II) Billboard lighting, street lights, searchlights, and other lighting used for advertising purposes. (b) "Outdoor lighting fixture" 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 or watercraft. (8) "Special event or situation" includes, but is not limited to, sporting events and the illumination of monuments, historic structures, or flags. 24-82-902. Outdoor lighting fixtures funded by the state - standards. (1) On or after July 1, 2002, any new outdoor lighting fixture installed using state funds shall meet the following requirements: (a) For outdoor lighting fixtures with a rated output greater than one thousand eight hundred lumens, the fixture is a full cutoff luminaire; (b) The minimum illuminance adequate for the intended purpose is used with consideration given to nationally recognized standards; (c) Full consideration has been given to energy conservation, glare reduction, the minimization of light pollution, and the preservation of the natural night environment; and (d) For purposes of lighting a designated highway in 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 methods that do not require the use of artificial light. (2) The provisions of subsection (1) of this section shall not apply if: (a) A federal law or regulation preempts state law; (b) The outdoor lighting fixture is used on a temporary basis to provide illumination for emergency personnel in an emergency situation; (c) The outdoor lighting fixture is used on a temporary basis for nighttime work; (d) Additional illumination is required for a special event or situation; except that any additional illumination required for a special event or situation shall be installed so as to shield the outdoor lighting fixtures from direct view and to minimize upward lighting and light pollution; (e) The outdoor lighting fixture is used solely to enhance the aesthetic beauty of an object; or (f) A compelling safety interest exists that cannot be addressed by another method. SECTION 3. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. (end)