Connecticut 2018 Regular Session

Connecticut Senate Bill SB00425 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 425
2		-	February Session, 2018 _____SB00425ENV___032318____
	1	+	General Assembly Raised Bill No. 425
	2	+	February Session, 2018 LCO No. 2068
	3	+	02068_______ENV
	4	+	Referred to Committee on ENVIRONMENT
	5	+	Introduced by:
	6	+	(ENV)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 425
	10	+	Raised Bill No. 425
7	11
8	12		February Session, 2018
9	13
10		-	_____SB00425ENV___032318____
	14	+	LCO No. 2068
	15	+
	16	+	02068_______ENV
	17	+
	18	+	Referred to Committee on ENVIRONMENT
	19	+
	20	+	Introduced by:
	21	+
	22	+	(ENV)
11	23
12	24		AN ACT CONCERNING LED LIGHT POLLUTION IN THE STATE.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
15	27
16	28		Section 1. Section 4b-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
17	29
18	30		(a) As used in this section:
19	31
20	32		(1) "Fixture" means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and a refractor or lens;
21	33
22	34		(2) "Restricted uplight luminaire" means a luminaire that allows no direct light emissions above a horizontal plane through the luminaire's lowest light-emitting part other than a 0.5 per cent maximum incidental uplight from reflection off mounting hardware;
23	35
24	36		(3) "Glare" means direct light emitting from a luminaire that causes reduced vision or momentary blindness;
25	37
26	38		(4) "Illuminance" means the level of light measured at a surface;
27	39
28	40		(5) "Lamp" means the component of a luminaire that produces the light;
29	41
30	42		(6) "Light trespass" means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located;
31	43
32	44		(7) "Lumen" means a unit of measurement of luminous flux;
33	45
34	46		(8) "Luminaire" means the complete lighting unit, including the lamp and the fixture;
35	47
36	48		(9) "Permanent outdoor luminaire" means any luminaire or system of luminaires that is outdoors and intended to be used for seven days or longer; and
37	49
38	50		(10) "State funds" means any bond revenues or any money appropriated or allocated by the General Assembly.
39	51
40	52		(b) Except as provided in subsection (c) of this section, no state funds shall be used to install or replace a permanent outdoor luminaire for lighting on the grounds of any state building or facility unless (1) the luminaire is designed to maximize energy conservation and to minimize light pollution, glare and light trespass, (2) the luminaire's illuminance is equal to the minimum illuminance adequate for the intended purpose of the lighting, and (3) for a luminaire with a rated output of more than one thousand eight hundred lumens, such luminaire is a restricted uplight luminaire.
41	53
42	54		(c) The provisions of subdivision (3) of subsection (b) of this section shall not apply to luminaires located on the grounds of any correctional institution or facility administered by the Commissioner of Correction, required by federal regulations, required for storm operation activities performed by the Department of Transportation, required to illuminate either the state flag or the flag of the United States or in a lighting plan for a Department of Transportation facility where less than twenty-five per cent of the luminaires are to be replaced. The Commissioner of Administrative Services, or the commissioner's designee, may waive the provisions of subdivision (3) of subsection (b) of this section with respect to luminaires on the grounds of any other state building or facility when, after a request for such a waiver has been made and reviewed, the commissioner or the commissioner's designee determines that such a waiver is necessary for the lighting application. Requests for such a waiver shall be made to the commissioner or the commissioner's designee in such form as the commissioner shall prescribe and shall include, without limitation, a description of the lighting plan, a description of the efforts that have been made to comply with the provisions of subdivision (3) of subsection (b) of this section and the reasons such a waiver is necessary. In reviewing a request for such a waiver, the commissioner or the commissioner's designee shall consider design safety, costs and other factors deemed appropriate by the commissioner or the commissioner's designee.
43	55
44	56		(d) The provisions of this section shall not apply to the installation or replacement of luminaires for which the Secretary of the Office of Policy and Management (1) conducts a life-cycle cost analysis of one or more luminaires that meet the requirements set forth in subsection (b) of this section and one or more luminaires that do not meet such requirements, and (2) certifies that a luminaire which meets such requirements is not cost effective and is not the most appropriate alternative based on the life-cycle cost analysis.
45	57
46	58		(e) Whenever state funds are utilized for the purchase of light-emitting diode (LED) lamps, all other factors being equal, preference shall be given to warmer, yellow-tinted LED lamps.
47	59
48	60		Sec. 2. Section 13a-110a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
49	61
50	62		(a) As used in this section:
51	63
52	64		(1) "Fixture" means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens;
53	65
54	66		(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;
55	67
56	68		(3) "Glare" means direct light emitting from a luminaire that causes reduced vision or momentary blindness;
57	69
58	70		(4) "Illuminance" means the level of light measured at a surface;
59	71
60	72		(5) "Lamp" means the component of a luminaire that produces the light;
61	73
62	74		(6) "Light trespass" means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located;
63	75
64	76		(7) "Lumen" means a unit of measurement of luminous flux;
65	77
66	78		(8) "Luminaire" means the complete lighting system, including the lamp and the fixture;
67	79
68	80		(9) "Municipality" has the same meaning as provided in subsection (a) of section 7-148;
69	81
70	82		(10) "Municipal funds" means any bond revenue or any money appropriated or allocated by a municipality;
71	83
72	84		(11) "Municipal road" means any public highway, road, street, avenue, alley, driveway, parkway or place, under the control of a municipality of the state, dedicated, appropriated or opened to public travel;
73	85
74	86		(12) "Permanent outdoor luminaire" means any luminaire or system of luminaires that is outdoors and intended to be used for seven days or longer;
75	87
76	88		(13) "State funds" means any bond revenues or any money appropriated or allocated by the General Assembly; and
77	89
78	90		(14) "State highway" has the same meaning as provided in subsection (a) of section 13a-1.
79	91
80	92		(b) Except as provided in subsection (c) of this section, no state or municipal funds shall be used to install or replace a permanent outdoor luminaire for roadway lighting unless (1) the luminaire is designed to maximize energy conservation and to minimize light pollution, glare and light trespass, (2) the luminaire's illuminance is equal to the minimum illuminance adequate for the intended purpose of the lighting, (3) for a luminaire with a rated output of more than 1800 lumens used on state secondary highways, as defined in section 13a-14, and state special service highways, as defined in said section 13a-14, such luminaire is a full cutoff luminaire, (4) for a luminaire with a rated output of more than 1800 lumens used on municipal roads, such luminaire is a full cutoff luminaire, (5) for a luminaire with a rated output of more than 1800 lumens used on state primary highways, as defined in said section 13a-14, for which, in the opinion of the Commissioner of Transportation, use of a full cutoff luminaire shall not compromise the safety of the highway, increase the cost of the lighting plan or lighting replacement for the highway or violate any provision of federal law, such luminaire is a full cutoff luminaire, (6) the Commissioner of Transportation determines that the purpose of the lighting installation or replacement of lights on state highways cannot be achieved by reducing the speed limit in the area to be lighted or by installing reflectorized roadway markers, lines, warnings, informational signs or other means of passive or reflective lighting, and (7) the chief elected official of a municipality or such official's designee, determines that for a municipal road the purpose of the lighting installation or replacement cannot be achieved by reducing the speed limit in the area to be lighted or by installing reflectorized roadway markers, lines, warnings, informational signs or other means of passive or reflective lighting.
81	93
82	94		(c) The Commissioner of Transportation or the commissioner's designee may waive the provisions of subdivision (3) of subsection (b) of this section when, after a request for such a waiver has been made and reviewed, the commissioner or the commissioner's designee determines that such a waiver is necessary for the lighting application. Requests for such a waiver shall be made to the commissioner or the commissioner's designee in such form as the commissioner shall prescribe and shall include, without limitation, a description of the lighting plan, a description of the efforts that have been made to comply with the provisions of subdivision (3) of subsection (b) of this section and the reasons such a waiver is necessary. In reviewing a request for such a waiver, the commissioner shall consider design safety, costs and other factors deemed appropriate by the commissioner.
83	95
84	96		(d) The chief elected official of a municipality or said official's designee may waive the provisions of subdivision (4) of subsection (b) of this section when, after a request for such a waiver has been made and reviewed, said official or said official's designee determines that such a waiver is necessary for the lighting application. Requests for such a waiver shall be made to said official or said official's designee in such form as said official shall prescribe and shall include, without limitation, a description of the lighting plan, a description of the efforts that have been made to comply with the provisions of subdivision (4) of subsection (b) of this section and the reasons such a waiver is necessary. In reviewing a request for such a waiver, said official shall consider design safety, costs and other factors deemed appropriate by said official.
85	97
86	98		(e) No public utility company may install or replace a permanent outdoor luminaire for roadway lighting, if the cost of operating such luminaire is paid for by municipal funds, unless (1) the luminaire is designed to maximize energy conservation and to minimize light pollution, glare and light trespass, (2) the luminaire's illuminance is equal to the minimum illuminance adequate for the intended purpose of the lighting, and (3) for a luminaire with a rated output of more than 1800 lumens used on municipal roads, such luminaire is a full cutoff luminaire. The chief elected official of a municipality or said official's designee may waive the provisions of subdivision (3) of this subsection when, after written notice from the public utility company thirty days prior to the installation or replacement of said luminaire, said official or said official's designee determines that a waiver is necessary for the lighting application. Such notice shall be in such form as said official shall prescribe and may include a description of the lighting plan and a description of the efforts that have been made to comply with the provisions of subdivision (3) of this subsection. Said official may consider design safety, costs and other factors deemed appropriate by said official.
87	99
88	100		(f) The provisions of this section shall not apply to the installation or replacement of luminaires for which the Secretary of the Office of Policy and Management (1) conducts a life-cycle cost analysis of one or more luminaires which meet the requirements set forth in subsection (b) of this section and one or more luminaires which do not meet such requirements, and (2) certifies that a luminaire which meets such requirements is not cost effective and is not the most appropriate alternative based on the life-cycle cost analysis.
89	101
90	102		(g) Whenever state funds are utilized for the purchase of a light-emitting diode (LED) lamp that is a part of a permanent outdoor luminaire for roadway lighting, all other factors being equal, preference shall be given to warmer, yellow-tinted LED lamps.
91	103
	104	+	Sec. 3. Subdivision (8) of subsection (c) of section 7-148 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
	105	+
	106	+	(8) (A) Provide for the protection and improvement of the environment including, but not limited to, coastal areas, wetlands and areas adjacent to waterways in a manner not inconsistent with the general statutes;
	107	+
	108	+	(B) Regulate the location and removal of any offensive manure or other substance or dead animals through the streets of the municipality and provide for the disposal of same;
	109	+
	110	+	(C) Except where there exists a local zoning commission, regulate the filling of, or removal of, soil, loam, sand or gravel from land not in public use in the whole, or in specified districts of, the municipality, and provide for the reestablishment of ground level and protection of the area by suitable cover;
	111	+
	112	+	(D) Regulate the emission of smoke from any chimney, smokestack or other source within the limits of the municipality, and provide for proper heating of buildings within the municipality;
	113	+
	114	+	(E) Regulate light pollution, including, but not limited to, the utilization of light-emitting diode (LED) lamps and lights installed along municipal roads and sidewalks and near common gathering areas, including, but not limited to, municipal buildings, parks, playing fields and greens.
	115	+
92	116
93	117
94	118
95	119		This act shall take effect as follows and shall amend the following sections:
96	120		Section 1 October 1, 2018 4b-16
97	121		Sec. 2 October 1, 2018 13a-110a
	122	+	Sec. 3 October 1, 2018 7-148(c)(8)
98	123
99	124		This act shall take effect as follows and shall amend the following sections:
100	125
101	126		Section 1
102	127
103	128		October 1, 2018
104	129
105	130		4b-16
106	131
107	132		Sec. 2
108	133
109	134		October 1, 2018
110	135
111	136		13a-110a
112	137
	138	+	Sec. 3
113	139
	140	+	October 1, 2018
114	141
115		-	~~ENV Joint Favorable Subst.~~
	142	+	7-148(c)(8)
116	143
117		-	~~ENV~~
	144	+	Statement of Purpose:
118	145
119		-	Joint Favorable Subst.
	146	+	To establish a preference for the purchase of yellow-tinted LED lights whenever state funds are used for the purchase of LED lights in order to minimize the health effects and glare from white LED lighting and to authorize municipalities to develop their own ordinances concerning light pollution.
	147	+
	148	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]