Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB3501 Introduced / Bill

Filed 02/09/2024

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3501 Introduced 2/9/2024, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: New Act Creates the Responsible Outdoor Lighting Control Act. Includes legislative findings. Defines terms. Provides that all new, renovated, or retrofitted luminaires purchased with State funds after the effective date of the Act or installed after the effective date of the Act on a structure or land that is owned, supported, funded, leased, or managed by the State must follow specified outdoor lighting control requirements. Includes various exceptions to compliance. Allows the Attorney General, a municipality, or a county to enforce the Act by filing an action for injunctive relief in a circuit court. Provides that the Department of Central Management Services shall make available a resource guide for the public to add lighting to homes and businesses consistent with the requirements for luminaires on a structure or land that is owned, supported, funded, leased, or managed by the State under the Act, and provides that the guide must include references to publicly accessible websites of advocacy groups approved by the State that provide education, guidance, and specifications relating to the implementation of responsible lighting principles. Provides that, if the Act conflicts with any other federal law, State law, or local ordinance controlling lighting, outdoor luminaries, signage, outdoor advertising, displays, or devices that is more stringent than the Act, then the federal law, State law, or local ordinance controls to the extent it is more stringent than the Act. Effective 60 days after becoming law. LRB103 36511 AWJ 66617 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3501 Introduced 2/9/2024, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:  New Act New Act  Creates the Responsible Outdoor Lighting Control Act. Includes legislative findings. Defines terms. Provides that all new, renovated, or retrofitted luminaires purchased with State funds after the effective date of the Act or installed after the effective date of the Act on a structure or land that is owned, supported, funded, leased, or managed by the State must follow specified outdoor lighting control requirements. Includes various exceptions to compliance. Allows the Attorney General, a municipality, or a county to enforce the Act by filing an action for injunctive relief in a circuit court. Provides that the Department of Central Management Services shall make available a resource guide for the public to add lighting to homes and businesses consistent with the requirements for luminaires on a structure or land that is owned, supported, funded, leased, or managed by the State under the Act, and provides that the guide must include references to publicly accessible websites of advocacy groups approved by the State that provide education, guidance, and specifications relating to the implementation of responsible lighting principles. Provides that, if the Act conflicts with any other federal law, State law, or local ordinance controlling lighting, outdoor luminaries, signage, outdoor advertising, displays, or devices that is more stringent than the Act, then the federal law, State law, or local ordinance controls to the extent it is more stringent than the Act. Effective 60 days after becoming law.  LRB103 36511 AWJ 66617 b     LRB103 36511 AWJ 66617 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3501 Introduced 2/9/2024, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Responsible Outdoor Lighting Control Act. Includes legislative findings. Defines terms. Provides that all new, renovated, or retrofitted luminaires purchased with State funds after the effective date of the Act or installed after the effective date of the Act on a structure or land that is owned, supported, funded, leased, or managed by the State must follow specified outdoor lighting control requirements. Includes various exceptions to compliance. Allows the Attorney General, a municipality, or a county to enforce the Act by filing an action for injunctive relief in a circuit court. Provides that the Department of Central Management Services shall make available a resource guide for the public to add lighting to homes and businesses consistent with the requirements for luminaires on a structure or land that is owned, supported, funded, leased, or managed by the State under the Act, and provides that the guide must include references to publicly accessible websites of advocacy groups approved by the State that provide education, guidance, and specifications relating to the implementation of responsible lighting principles. Provides that, if the Act conflicts with any other federal law, State law, or local ordinance controlling lighting, outdoor luminaries, signage, outdoor advertising, displays, or devices that is more stringent than the Act, then the federal law, State law, or local ordinance controls to the extent it is more stringent than the Act. Effective 60 days after becoming law.
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    LRB103 36511 AWJ 66617 b
A BILL FOR
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1  AN ACT concerning safety.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 1. Short title. This Act may be cited as the
5  Responsible Outdoor Lighting Control Act.
6  Section 5. Findings. The General Assembly finds that:
7  (1) Article XI of the Illinois Constitution states the
8  public policy of the State and the duty of each person is
9  to provide and maintain a healthful environment for the
10  benefit of this and future generations and that the
11  General Assembly shall provide by law for the
12  implementation and enforcement of this policy.
13  (2) The House of Representatives has resolved in House
14  Resolution 884 of the 96th General Assembly to (i) express
15  its support for improved night preservation practices in
16  Illinois, (ii) encourage State agencies to adopt suitable
17  outdoor lighting practices based on the principles of
18  applying artificial light only where it is needed, when it
19  is needed, and to only the levels needed using the best
20  safety and energy-efficient standards available, and (iii)
21  encourage the Illinois Sustainable Technology Center of
22  the University of Illinois to provide artificial outdoor
23  illumination engineering assistance to State agencies,

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3501 Introduced 2/9/2024, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Responsible Outdoor Lighting Control Act. Includes legislative findings. Defines terms. Provides that all new, renovated, or retrofitted luminaires purchased with State funds after the effective date of the Act or installed after the effective date of the Act on a structure or land that is owned, supported, funded, leased, or managed by the State must follow specified outdoor lighting control requirements. Includes various exceptions to compliance. Allows the Attorney General, a municipality, or a county to enforce the Act by filing an action for injunctive relief in a circuit court. Provides that the Department of Central Management Services shall make available a resource guide for the public to add lighting to homes and businesses consistent with the requirements for luminaires on a structure or land that is owned, supported, funded, leased, or managed by the State under the Act, and provides that the guide must include references to publicly accessible websites of advocacy groups approved by the State that provide education, guidance, and specifications relating to the implementation of responsible lighting principles. Provides that, if the Act conflicts with any other federal law, State law, or local ordinance controlling lighting, outdoor luminaries, signage, outdoor advertising, displays, or devices that is more stringent than the Act, then the federal law, State law, or local ordinance controls to the extent it is more stringent than the Act. Effective 60 days after becoming law.
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    LRB103 36511 AWJ 66617 b
A BILL FOR

 

 

New Act



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1  municipalities, and businesses that seek to implement
2  responsible outdoor lighting to conserve and preserve the
3  important natural phenomenon of night.
4  (3) The Senate has resolved in Senate Resolution 65 of
5  the 103rd General Assembly that local governments in
6  Illinois should abide by the International Dark-Sky
7  Association (now known as Dark Sky International)
8  guidelines and lighting principles to help mitigate the
9  effects of light pollution produced by outdoor lighting.
10  (4) The State should promote responsible outdoor
11  lighting.
12  (5) Government structures, facilities, places, and
13  spaces should serve as models of best practices for
14  private structures, facilities, places, and spaces. These
15  government structures, facilities, places, and spaces
16  should encourage residents, business owners, and others to
17  join in transitioning to responsible lighting.
18  Section 10. Definitions. As used in this Act:
19  "ANSI/IES standards" means the American National Standards
20  Institute and Illuminating Engineering Society's lighting
21  guidelines, also known as the IES Lighting Library Standards
22  Collection.
23  "Correlated color temperature" means the measure of the
24  approximate spectrum of the color of light of an object as
25  perceived by the eye, measured in degrees Kelvin.

 

 

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1  "Fully shielded" means a luminaire that is constructed in
2  such a manner that all light emitted, either directly from the
3  lamp or indirectly by reflection or refraction from any part
4  of the luminaire, is projected below the horizontal plane
5  aligned with the bottom of the luminaire aperture, where no
6  part of the lamp protrudes outside of the luminaire or shield.
7  "Glare" means light emitted by a luminaire that causes
8  visual discomfort, reduced visibility of objects, or produces
9  momentary blindness.
10  "IES U0 rating" means the luminaire classification system
11  developed by the Illuminating Engineering Society that ranks
12  and defines how many lumens of light a luminaire emits
13  backwards, upwards, and in glare.
14  "Lamp" means the component of a luminaire that produces
15  light.
16  "Light pollution" means the scattering of artificial light
17  into the nighttime environment caused by excessive or
18  improperly positioned artificial outdoor lighting resulting in
19  sky glow, light trespass, or glare.
20  "Light trespass" means light emitted by a luminaire that
21  shines beyond the boundaries of the property on which the
22  luminaire is intended to illuminate.
23  "Luminaire" means a complete installed or portable
24  illuminating device, including a lamp, together with the parts
25  designed to distribute the light, such as a reflector or
26  refractor, parts to position and protect the lamps, and parts

 

 

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1  to connect the lamps to the power supply.
2  "Lumen" means a standard unit of measurement of luminous
3  flux.
4  "Lux" means a standard unit of luminous flux expressed in
5  lumens per square meter.
6  "Nadir" means the point directly below the center of a
7  luminaire in respect to the ground.
8  "Ornamental lighting" means a luminaire that has a
9  historical or seasonal holiday purpose that serves a
10  historical or seasonal holiday purpose only.
11  "Outdoor luminaire" means installed or portable outdoor
12  artificial illuminating devices used for flood lighting,
13  roadway and area lighting, general illumination, or
14  advertisement.
15  "Permanent outdoor luminaire" means exterior lighting or a
16  system of lighting that is used in place for 7 days or longer.
17  "Reflective roadway markings" means lines and markers with
18  reflective properties intended to promote vehicular and
19  pedestrian safety.
20  "Reflective signage" means roadway and informational
21  signage that has reflective properties to aid with vehicular
22  and pedestrian safety.
23  "Responsible lighting principles" means the use of modern
24  lighting technologies, including shielding, an upper limit on
25  color temperature (2,700 Kelvin), on-off controls, dimming
26  controls, and motion sensors.

 

 

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1  "Roadway lighting" means permanent outdoor luminaires that
2  are specifically intended to illuminate roadways for safe
3  vehicular and pedestrian traffic.
4  "Sky glow" means the brightening of the night sky due to
5  inefficiently and improperly lit areas.
6  Section 15. Outdoor lighting control. All new, renovated,
7  or retrofitted luminaires purchased with State funds after the
8  effective date of this Act or installed after the effective
9  date of this Act on a structure or land that is owned,
10  supported, funded, leased, or managed by the State, including
11  roadways, facilities, properties, nonhabitable structures,
12  monuments, and public right-of-way spaces, including
13  sidewalks, with the intended purpose of outdoor illumination
14  must follow the following outdoor lighting control
15  requirements:
16  (1) Permanent outdoor luminaires must be fully
17  shielded with an IES U0 rating and produce less than 1% of
18  its emitted light above 80 degrees from the downward
19  vertical direction of nadir. Light should not be emitted
20  at an angle above 60 degrees from the downward vertical
21  direction of nadir.
22  (2) Luminaires must avoid light trespass by not
23  exceeding an illuminance of 0.05 lux as measured at ground
24  level both horizontally and vertically at the property
25  boundary.

 

 

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1  (3) Luminaires must have a correlated color
2  temperature less than or equal to 2,700 Kelvin. In
3  residential areas, dark sky locations, or environmentally
4  sensitive areas, such as State parks and outdoor
5  recreation facilities, correlated color temperature should
6  be no more than 2,200 Kelvin.
7  (4) Luminaires must be turned off or dimmed by at
8  least 50% of ANSI/IES standards (i) after 11:00 p.m. or
9  one hour after closure of business or event, whichever is
10  earlier, (ii) when motion is no longer detected, or (iii)
11  if no lighting is needed when a human task can be achieved
12  at night without the addition of lighting.
13  (5) Outdoor lighting must be minimized to no more than
14  10% above ANSI/IES standards or United States Department
15  of Transportation recommendations.
16  (6) Facade lighting must be minimized to no more than
17  10% above ANSI/IES standards, must project downward, and
18  must not violate the light trespass limits in paragraph
19  (2).
20  (7) Light trespass from the interior of a building or
21  structure shall be minimized by lowering window shades
22  after dark or by turning off lighting when not in use.
23  (8) When the installation or replacement of roadway
24  lighting is planned, the appropriate authority must
25  determine whether reflective roadway markings or
26  reflective signage is appropriate and safe for the

 

 

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1  situation in lieu of outdoor lighting. Reflectorized
2  roadway markings, lines, warning signs, informational
3  signs or other passive means must be used for roadway
4  lighting, except at intersections of 2 or more streets or
5  highways, unless it is determined that adequate safety
6  cannot be achieved by reflective means.
7  (9) No artificial lighting above 0.05 lux, as measured
8  at ground level both horizontally and vertically, may
9  trespass onto land or waterways designated or managed as
10  habitat, reserve, natural area, open space, or wilderness.
11  (10) Even if they do not meet the other requirements
12  of this subsection, outdoor luminaires emitting fewer than
13  600 lumens are allowed if extinguished between the hours
14  of 11:00 p.m. and sunrise.
15  (b) Whenever possible, existing luminaires on a structure
16  or land that is owned, supported, funded, leased, or managed
17  by the State shall be repositioned or shielded to minimize
18  upward-directed light, glare, and light trespass.
19  Section 20. Exceptions. This Act does not apply if:
20  (1) the luminaires are on a structure or land that is
21  owned, supported, funded, leased, or managed by the State
22  in a county or municipality that, by ordinance or
23  resolution, has adopted provisions that are equal to or
24  more stringent than the provisions of this Act;
25  (2) a federal law or regulation preempts this Act;

 

 

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1  (3) a State agency determines a safety or security
2  need exists that cannot be addressed by any other method;
3  (4) fire, police, rescue, or repair personnel need
4  light for temporary emergencies or road repair work;
5  (5) it has been determined that a reasonable safety
6  and security interest exists at correctional or hospital
7  facilities that cannot be addressed by another method as
8  long as it complies with existing standards,
9  specifications, or policies;
10  (6) navigational lighting systems and other lighting
11  are necessary to comply with Federal Aviation
12  Administration airside operations or nautical safety;
13  (7) lamps greater than 2,700 Kelvin are used on active
14  sports grounds or show grounds, but only for the duration
15  of a practice, match, or event. Lamps emitting greater
16  than 2,700 Kelvin under this paragraph must be positioned,
17  angled, or shielded to prevent direct glare and light
18  trespass onto neighboring property or properties, and the
19  positioning, angling, or shielding must limit upward light
20  emission to only the amount necessary to light the
21  sporting or grounds activity;
22  (8) flagpoles installed after the effective date of
23  this Act are lit by means of a downward-facing lamp and
24  using a lamp of 2,700 Kelvin or lower;
25  (9) flagpoles installed on or before the effective
26  date of this Act are upward-lit by partially shielded or

 

 

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1  unshielded luminaires using a lamp of 2,200 Kelvin or
2  lower to minimize the impact of glare, light trespass, and
3  sky glow and are converted to conform to requirements upon
4  retrofitting;
5  (10) the luminaries are existing decorative and
6  ornamental lighting that serve historical purposes, but
7  replacement luminaries for the existing decorative and
8  ornamental lighting must meet the standards of this Act;
9  or
10  (11) the luminaries are temporary seasonal holiday
11  lighting lasting no longer than 45 days surrounding the
12  holiday season.
13  Section 25. Enforcement. This Act may be enforced by the
14  Attorney General, a municipality, or a county filing an action
15  for injunctive relief in a circuit court.
16  Section 30. Resources. The Department of Central
17  Management Services shall make available a resource guide for
18  the public to add lighting to homes and businesses consistent
19  with the requirements for luminaires on a structure or land
20  that is owned, supported, funded, leased, or managed by the
21  State under this Act. The guide must include references to
22  publicly accessible websites of advocacy groups approved by
23  the State that provide education, guidance, and specifications
24  relating to the implementation of responsible lighting

 

 

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1  principles.
2  Section 35. Other laws. If this Act conflicts with any
3  other federal law, State law, or local ordinance controlling
4  lighting, outdoor luminaries, signage, outdoor advertising,
5  displays, or devices that is more stringent than the Act, then
6  the federal law, State law, or local ordinance controls to the
7  extent it is more stringent than the Act.

 

 

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