Arkansas 2025 Regular Session

Arkansas House Bill HB1956 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 1956 3
6	6	4
7	7	By: Representative S. Meeks 5
8	8	6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO CREATE THE ARKANSAS NIGHTTIME ENVIRONMENT 9
12	12	PROTECTION ACT; AND FOR OTHER PURPOSES. 10
13	13	11
14	14	12
15	15	Subtitle 13
16	16	TO CREATE THE ARKANSAS NIGHTTIME 14
17	17	ENVIRONMENT PROTECTION 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 is amended to add an additional 19
22	22	chapter to read as follows: 20
23	23	CHAPTER 16 21
24	24	ARKANSAS NIGHTTIME ENVIRONMENT PROTECTION ACT 22
25	25	23
26	26	8-16-101. Title. 24
27	27	This chapter shall be known and may be cited as the "Arkansas Nighttime 25
28	28	Environment Protection Act". 26
29	29	27
30	30	8-16-102. Purpose. 28
31	31	The purpose of this chapter is to regulate lighting systems to promote 29
32	32	safety, conserve energy, save tax dollars, and preserve the state's natural 30
33	33	nighttime environment. 31
34	34	32
35	35	8-16-103. Legislative findings. 33
36	36	The General Assembly finds that: 34
37	37	(1) Street lighting that is used excessively and inefficiently 35
38	38	is not a cost-effective use of taxpayer money; 36 HB1956
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41	41	(2)(A) Light pollution generated by street lighting systems has 1
42	42	been implicated in disruption of the human and animal circadian rhythm and 2
43	43	strongly suspected as an etiology of suppressed melatonin production, 3
44	44	depressed immune systems, and increases in certain cancer rates, while 4
45	45	disability glare poses safety risks, especially for the elderly. 5
46	46	(B) The findings set out in subdivision (2)(A) of this 6
47	47	section prompted the American Medical Association in June 2009 to adopt a 7
48	48	resolution advocating the reduction of light pollution and glare through the 8
49	49	use of energy-efficient shielded lighting, and in 2016 the American Medical 9
50	50	Association advocated avoiding outdoor lighting with high levels of blue 10
51	51	light; and 11
52	52	(3) It is in the public interest to set standards for outdoor 12
53	53	night lighting fixtures to promote safety, conserve energy, save tax dollars, 13
54	54	and preserve the state's natural nighttime environment for the health and 14
55	55	welfare of the state's citizens and wildlife. 15
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57	57	17
58	58	8-16-104. Definitions. 18
59	59	As used in this chapter: 19
60	60	(1) "Fixture" means a complete lighting unit with an initial 20
61	61	rating of one thousand eight hundred lumens (1,800 lm) or more, including 21
62	62	without limitation a light source together with the parts designed to 22
63	63	distribute the light, to position and protect the light source, and to 23
64	64	connect the light source to the power supply; 24
65	65	(2) "Full cutoff" means a fixture that does not allow more than 25
66	66	two percent (2%) light emissions, either directly from a light source or 26
67	67	indirectly by reflection or refraction from any part of the lighting unit, 27
68	68	above a horizontal plane running through the lowest point on the fixture 28
69	69	where light is emitted; 29
70	70	(3) "Governing body" means an agency director for a state level 30
71	71	entity and the legislative body for a county or municipality; 31
72	72	(4) "Illuminance" means the level of light measured on an 32
73	73	intercepting surface; 33
74	74	(5) "Light pollution" means general sky glow caused by the 34
75	75	scattering of artificial light in the atmosphere; 35
76	76	(6) "Light trespass" means excessive or unreasonable light 36 HB1956
77	77
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79	79	emitted by a fixture that shines beyond the boundaries of the property on 1
80	80	which the fixture is located; and 2
81	81	(7) "Lighting system" means a group of adjoining lighting 3
82	82	fixtures that are substantially identical and are used: 4
83	83	(A) For street lighting; or 5
84	84	(B) On the same property for parking lot or area lighting. 6
85	85	7
86	86	8-16-105. Regulations for outdoor illumination. 8
87	87	A state agency, county, municipality, or investor owned public utility 9
88	88	shall not install, or cause to be installed, a new or replacement lighting 10
89	89	system unless the following conditions are met: 11
90	90	(1) The fixtures making up the lighting system are full cutoff 12
91	91	fixtures; 13
92	92	(2) The illuminance of a surface does not exceed what is 14
93	93	adequate for that purpose under guidelines recommended for that purpose by 15
94	94	the Illuminating Engineering Society, as the guidelines existed on January 1, 16
95	95	2025, or the minimum illuminance recommendation for that purpose by the 17
96	96	United States Department of Transportation, as the minimum illuminance 18
97	97	recommendation existed on January 1, 2025; 19
98	98	(3) Consideration has been given to minimizing glare, light 20
99	99	pollution, and light trespass and to reducing energy use; 21
100	100	(4) The color temperature is three thousand kelvin (3,000 K) or 22
101	101	less for residential areas and is four thousand kelvin (4,000 K) or less for 23
102	102	all other areas unless a recognized standard or practice requires otherwise; 24
103	103	and 25
104	104	(5) A contractor that is installing a new or replacement 26
105	105	lighting system in a residential area that is or will become the 27
106	106	responsibility of the city shall use full cutoff fixtures with a color 28
107	107	temperature of three thousand kelvin (3,000 K) or less. 29
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109	109	8-16-106. Exemptions. 31
110	110	Section 8-16-105 does not apply if: 32
111	111	(1) A federal law, rule, or regulation preempts § 8 -16-105; 33
112	112	(2)(A) There are special lighting requirements, including 34
113	113	without limitation: 35
114	114	(i) At sports facilities that comport with 36 HB1956
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117	117	recognized lighting practice for such sports facilities as established by the 1
118	118	Illuminating Engineering Society; 2
119	119	(ii) For historic decorative considerations; 3
120	120	(iii) At monuments; and 4
121	121	(iv) For decorative lighting on bridges over 5
122	122	navigable waterways. 6
123	123	(B) However, lighting exempted under subdivision (2)(A) of 7
124	124	this section shall be selected and installed to shield the lamp or lamps from 8
125	125	direct view to the greatest extent possible and to minimize upward lighting 9
126	126	and light trespass; 10
127	127	(3) The lighting is for a public or private state correction 11
128	128	facility, a detention facility, or a mental health facility; or 12
129	129	(4)(A) The governing body determines through an ordinance that a 13
130	130	compliant lighting system could not achieve the lighting conditions needed to 14
131	131	meet safety concerns without incurring excessive cost. 15
132	132	(B) The ordinance shall be in effect only for the current 16
133	133	instance of the project and shall include: 17
134	134	(i) The specific lighting system and its location; 18
135	135	and 19
136	136	(ii) A cost or safety justification for the need. 20
137	137	21
138	138	8-16-107. Authority to recover compliance costs through interim 22
139	139	surcharge. 23
140	140	(a) Upon a proper filing with the Arkansas Public Service Commission, 24
141	141	a public utility is permitted to recover, in a prompt and timely manner, all 25
142	142	investments and expenses for compliance with this chapter through an interim 26
143	143	surcharge if the investments or expenses: 27
144	144	(1) Are not currently being recovered in existing rates; 28
145	145	(2) Are reasonably incurred; 29
146	146	(3) Were not reasonably known and measurable at a time that 30
147	147	allowed for a reasonable opportunity for the inclusion and consideration of 31
148	148	the investments or expenses for recovery in the public utility's last general 32
149	149	rate case; and 33
150	150	(4) Are incurred by the public utility to comply with the 34
151	151	requirements of this chapter. 35
152	152	(b) The interim surcharge permitted under subsection (a) of this 36 HB1956
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155	155	section is effective until the implementation of new rate schedules in 1
156	156	connection with the next general rate filing of the public utility in which 2
157	157	the investments or expenses can be included in the public utility's base rate 3
158	158	schedule. 4
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