Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1955 Draft / Bill

Filed 04/01/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1955 3 
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By: Representative S. Meeks 5 
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For An Act To Be Entitled 8 
AN ACT TO REPEAL THE SHIELDED OUTDOOR LIGHTING ACT; 9 
AND FOR OTHER PURPOSES. 10 
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Subtitle 13 
TO REPEAL THE SHIELDED OUTDOOR LIGHTING 14 
ACT. 15 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 
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 SECTION 1.  Arkansas Code Title 8, Chapter 14, is repealed. 19 
CHAPTER 14 20 
SHIELDED OUTDOOR LIGHTING ACT 21 
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 8-14-101.  Title. 23 
 This chapter shall be known and may be cited as the “Shielded Outdoor 24 
Lighting Act”. 25 
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 8-14-102.  Purpose. 27 
 The purpose of this chapter is to conserve energy and preserve the 28 
environment through the regulation of outdoor lighting fixtures. 29 
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 8-14-103.  Definitions. 31 
 As used in this chapter: 32 
 (1)  “Outdoor lighting fixture” means an automatically 33 
controlled, outdoor artificial illuminating device, whether permanent or 34 
portable, used for illumination or advertisement, including searchlights, 35 
spotlights, and floodlights, whether for architectural lighting, parking lot 36    	HB1955 
 
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lighting, landscape lighting, billboards, or street lighting; and 1 
 (2)  “Shielded” means a fixture that is covered in a manner that 2 
light rays emitted by the fixture, either directly from the lamp or 3 
indirectly from the fixture, are projected below a horizontal plane running 4 
through the lowest point on the fixture where light is emitted. 5 
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 8-14-104.  Shielding — Prohibitions — Exemptions. 7 
 (a)(1)(A)  No public funds shall be used to install an outdoor lighting 8 
fixture unless it is shielded. 9 
 (B)  Subdivision (a)(1)(A) of this section does not apply 10 
to any municipality or county if the governing body of the municipality or 11 
county determines by ordinance or to a municipally owned utility if the 12 
municipal employee responsible for procurement determines that the cost of 13 
acquiring a shielded outdoor lighting fixture will be prohibitive after 14 
comparing: 15 
 (i)  The cost of the fixtures; and 16 
 (ii)  The projected energy cost of the operation of 17 
the fixtures. 18 
 (2)  The Division of Environmental Quality shall promulgate rules 19 
prohibiting any person or entity from knowingly placing or disposing of the 20 
bulb or tube portion of an electric lighting device containing hazardous 21 
levels of mercury in a landfill if: 22 
 (A)  The electric lighting device contains more than two -23 
tenths milligram per liter (0.2 mg/l) of leachable mercury as measured by the 24 
Toxicity Characteristic Leaching Procedure as set out in United States 25 
Environmental Protection Agency Test Method 1311; and 26 
 (B)  Adequate facilities exist for the public to properly 27 
dispose of the electric lighting device described in subdivision (a)(2)(A) of 28 
this section. 29 
 (3)(A)  Each electric public utility shall offer a shielded 30 
lighting service option. 31 
 (B)  Each electric public utility shall file an application 32 
with the Arkansas Public Service Commission to establish a schedule of rates 33 
and charges for the provision of a shielded lighting service option to the 34 
utility's customers. 35 
 (C)  The commission shall require each electric public 36    	HB1955 
 
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utility to inform its customers of the availability of the shielded lighting 1 
service. 2 
 (b)  This chapter does not apply to acquisitions of: 3 
 (1)  Incandescent outdoor lighting fixtures of one hundred fifty 4 
watts (150 W) or less or other light sources of seventy watts (70 W) or less; 5 
 (2)  Outdoor lighting fixtures on advertisement signs on 6 
interstate or federal primary highways; 7 
 (3)(A)  Outdoor lighting fixtures existing and legally installed 8 
before August 12, 2005. 9 
 (B)  However, if an existing outdoor lighting fixture 10 
exempted from this chapter under subdivision (b)(3)(A) of this section needs 11 
to be replaced, the acquisition of the replacement outdoor lighting fixture 12 
shall be subject to the provisions of this chapter; 13 
 (4)  Navigational lighting systems at airports or other lighting 14 
necessary for aircraft safety; and 15 
 (5)  Outdoor lighting fixtures that are necessary for worker 16 
safety at farms, ranches, dairies, or feedlots or industrial, mining, or oil 17 
and gas facilities. 18 
 (c)  This chapter does not apply to outdoor lighting fixtures 19 
maintained or installed by: 20 
 (1)  A public school district; 21 
 (2)  A correctional facility; 22 
 (3)  A juvenile detention facility; 23 
 (4)  An adult detention facility; 24 
 (5)  A mental health facility; or 25 
 (6)  A state-supported institution of higher education. 26 
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 8-14-105.  Penalties. 28 
 Violations of this chapter are punishable by: 29 
 (1)  A warning for a first offense; and 30 
 (2)  A fine of twenty -five dollars ($25.00) minus the replacement 31 
cost for each offending outdoor lighting fixture for a second or subsequent 32 
offense or for an offense that continues for thirty (30) calendar days from 33 
the date of the warning. 34 
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 8-14-106.  Enforcement. 36    	HB1955 
 
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 This chapter may be enforced by a town, city, or county of this state 1 
by seeking injunctive relief in a court of competent jurisdiction. 2 
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 8-14-107.  Provisions supplemental. 4 
 The provisions of this chapter are cumulative and supplemental and 5 
shall not apply within a town, city, or county of this state that by 6 
ordinance has adopted provisions restricting light pollution that are equal 7 
to or more stringent than the provisions of this chapter. 8 
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