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