Arkansas 2025 Regular Session

Arkansas House Bill HB1955 Compare Versions

Only one version of the bill is available at this time.

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1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1955 3
6	6	4
7	7	By: Representative S. Meeks 5
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10	10	For An Act To Be Entitled 8
11	11	AN ACT TO REPEAL THE SHIELDED OUTDOOR LIGHTING ACT; 9
12	12	AND FOR OTHER PURPOSES. 10
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14	14	12
15	15	Subtitle 13
16	16	TO REPEAL THE SHIELDED OUTDOOR LIGHTING 14
17	17	ACT. 15
18	18	16
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
20	20	18
21	21	SECTION 1. Arkansas Code Title 8, Chapter 14, is repealed. 19
22	22	CHAPTER 14 20
23	23	SHIELDED OUTDOOR LIGHTING ACT 21
24	24	22
25	25	8-14-101. Title. 23
26	26	This chapter shall be known and may be cited as the “Shielded Outdoor 24
27	27	Lighting Act”. 25
28	28	26
29	29	8-14-102. Purpose. 27
30	30	The purpose of this chapter is to conserve energy and preserve the 28
31	31	environment through the regulation of outdoor lighting fixtures. 29
32	32	30
33	33	8-14-103. Definitions. 31
34	34	As used in this chapter: 32
35	35	(1) “Outdoor lighting fixture” means an automatically 33
36	36	controlled, outdoor artificial illuminating device, whether permanent or 34
37	37	portable, used for illumination or advertisement, including searchlights, 35
38	38	spotlights, and floodlights, whether for architectural lighting, parking lot 36 HB1955
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41	41	lighting, landscape lighting, billboards, or street lighting; and 1
42	42	(2) “Shielded” means a fixture that is covered in a manner that 2
43	43	light rays emitted by the fixture, either directly from the lamp or 3
44	44	indirectly from the fixture, are projected below a horizontal plane running 4
45	45	through the lowest point on the fixture where light is emitted. 5
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47	47	8-14-104. Shielding — Prohibitions — Exemptions. 7
48	48	(a)(1)(A) No public funds shall be used to install an outdoor lighting 8
49	49	fixture unless it is shielded. 9
50	50	(B) Subdivision (a)(1)(A) of this section does not apply 10
51	51	to any municipality or county if the governing body of the municipality or 11
52	52	county determines by ordinance or to a municipally owned utility if the 12
53	53	municipal employee responsible for procurement determines that the cost of 13
54	54	acquiring a shielded outdoor lighting fixture will be prohibitive after 14
55	55	comparing: 15
56	56	(i) The cost of the fixtures; and 16
57	57	(ii) The projected energy cost of the operation of 17
58	58	the fixtures. 18
59	59	(2) The Division of Environmental Quality shall promulgate rules 19
60	60	prohibiting any person or entity from knowingly placing or disposing of the 20
61	61	bulb or tube portion of an electric lighting device containing hazardous 21
62	62	levels of mercury in a landfill if: 22
63	63	(A) The electric lighting device contains more than two -23
64	64	tenths milligram per liter (0.2 mg/l) of leachable mercury as measured by the 24
65	65	Toxicity Characteristic Leaching Procedure as set out in United States 25
66	66	Environmental Protection Agency Test Method 1311; and 26
67	67	(B) Adequate facilities exist for the public to properly 27
68	68	dispose of the electric lighting device described in subdivision (a)(2)(A) of 28
69	69	this section. 29
70	70	(3)(A) Each electric public utility shall offer a shielded 30
71	71	lighting service option. 31
72	72	(B) Each electric public utility shall file an application 32
73	73	with the Arkansas Public Service Commission to establish a schedule of rates 33
74	74	and charges for the provision of a shielded lighting service option to the 34
75	75	utility's customers. 35
76	76	(C) The commission shall require each electric public 36 HB1955
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79	79	utility to inform its customers of the availability of the shielded lighting 1
80	80	service. 2
81	81	(b) This chapter does not apply to acquisitions of: 3
82	82	(1) Incandescent outdoor lighting fixtures of one hundred fifty 4
83	83	watts (150 W) or less or other light sources of seventy watts (70 W) or less; 5
84	84	(2) Outdoor lighting fixtures on advertisement signs on 6
85	85	interstate or federal primary highways; 7
86	86	(3)(A) Outdoor lighting fixtures existing and legally installed 8
87	87	before August 12, 2005. 9
88	88	(B) However, if an existing outdoor lighting fixture 10
89	89	exempted from this chapter under subdivision (b)(3)(A) of this section needs 11
90	90	to be replaced, the acquisition of the replacement outdoor lighting fixture 12
91	91	shall be subject to the provisions of this chapter; 13
92	92	(4) Navigational lighting systems at airports or other lighting 14
93	93	necessary for aircraft safety; and 15
94	94	(5) Outdoor lighting fixtures that are necessary for worker 16
95	95	safety at farms, ranches, dairies, or feedlots or industrial, mining, or oil 17
96	96	and gas facilities. 18
97	97	(c) This chapter does not apply to outdoor lighting fixtures 19
98	98	maintained or installed by: 20
99	99	(1) A public school district; 21
100	100	(2) A correctional facility; 22
101	101	(3) A juvenile detention facility; 23
102	102	(4) An adult detention facility; 24
103	103	(5) A mental health facility; or 25
104	104	(6) A state-supported institution of higher education. 26
105	105	27
106	106	8-14-105. Penalties. 28
107	107	Violations of this chapter are punishable by: 29
108	108	(1) A warning for a first offense; and 30
109	109	(2) A fine of twenty -five dollars ($25.00) minus the replacement 31
110	110	cost for each offending outdoor lighting fixture for a second or subsequent 32
111	111	offense or for an offense that continues for thirty (30) calendar days from 33
112	112	the date of the warning. 34
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114	114	8-14-106. Enforcement. 36 HB1955
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117	117	This chapter may be enforced by a town, city, or county of this state 1
118	118	by seeking injunctive relief in a court of competent jurisdiction. 2
119	119	3
120	120	8-14-107. Provisions supplemental. 4
121	121	The provisions of this chapter are cumulative and supplemental and 5
122	122	shall not apply within a town, city, or county of this state that by 6
123	123	ordinance has adopted provisions restricting light pollution that are equal 7
124	124	to or more stringent than the provisions of this chapter. 8
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