Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3494 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 2800 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3494
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sean Garballey and Simon Cataldo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to improve outdoor lighting, conserve energy, and increase dark-sky visibility.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/16/2025Simon Cataldo14th Middlesex1/16/2025Natalie M. Blais1st Franklin1/27/2025James B. EldridgeMiddlesex and Worcester2/10/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025 1 of 6
16	16	HOUSE DOCKET, NO. 2800 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3494
18	18	By Representatives Garballey of Arlington and Cataldo of Concord, a petition (accompanied by
19	19	bill, House, No. 3494) of Sean Garballey, Simon Cataldo and others relative to improving
20	20	outdoor lighting and increasing dark-sky visibility. Telecommunications, Utilities and Energy.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to improve outdoor lighting, conserve energy, and increase dark-sky visibility.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 85 of the General Laws is hereby amended by adding the following
30	30	2section:
31	31	3 Section 38. (a) As used in this section, the following words shall have the following
32	32	4meanings unless the context clearly requires otherwise:
33	33	5 “Correlated color temperature” or “CCT”, the apparent hue of the light emitted by a
34	34	6fixture, expressed in kelvin (K).
35	35	7 “Façade lighting”, illumination of exterior surfaces of buildings for the enhancement of
36	36	8their nighttime appearance, achieved by shining light onto building surfaces, or by internal or
37	37	9external illumination of translucent building surfaces, or with fixtures solely for decorative
38	38	10function. 2 of 6
39	39	11 “Fixture”, a complete lighting unit, including a light source together with the parts
40	40	12designed to distribute the light, to position and protect the light source and connect the light
41	41	13source to the power supply.
42	42	14 “Fully shielded fixture”, a fixture that in its mounted position has an uplight value of U0
43	43	15as defined by the standards of the Illuminating Engineering Society or that allows no direct light
44	44	16from the fixture above a horizontal plane through the fixture's lowest light-emitting part, in its
45	45	17mounted position.
46	46	18 “Glare”, light emitted by a fixture that causes visual discomfort or reduced visibility.
47	47	19 “Illuminance”, the luminous power incident per unit area of a surface.
48	48	20 “Light trespass”, light that falls beyond the property it is intended to illuminate.
49	49	21 “Lumen”, a standard unit of measurement of the quantity of light emitted from a source
50	50	22of light.
51	51	23 “Municipal funds”, bond revenues or money appropriated or allocated by the governing
52	52	24body of a town or city within the commonwealth.
53	53	25 “Ornamental lighting”, a lighting fixture that has a historical or decorative appearance
54	54	26and that serves a decorative function in addition to serving to light a roadway, parking lot,
55	55	27walkway, plaza, landscaping, or other area.
56	56	28 “Parking-lot lighting”, a permanent outdoor fixture specifically intended to illuminate an
57	57	29uncovered vehicle parking area. 3 of 6
58	58	30 “Permanent outdoor fixture”, a fixture for use in an exterior environment installed with
59	59	31mounting not intended for relocation.
60	60	32 “Roadway lighting”, a permanent outdoor fixture specifically intended to illuminate a
61	61	33public roadway.
62	62	34 “Sky glow”, scattered light in the atmosphere that is caused by light directed upward or
63	63	35sideways from fixtures, reducing an individual’s ability to view the natural night sky.
64	64	36 “State funds”, bond revenues or money appropriated or allocated by the general court.
65	65	37 “Uplight,” direct light emitted above a horizontal plane through the fixture’s lowest light-
66	66	38emitting part in its mounted position.
67	67	39 (b) Not later than January 1, 2026, the Department of Energy Resources, in consultation
68	68	40with the Massachusetts Department of Transportation and the Executive Office of Public Safety
69	69	41and Security, shall promulgate regulations with the intent of reducing energy waste and
70	70	42minimizing light pollution to the greatest extent possible and therefore to ensure that state or
71	71	43municipal funds are not used to install, to cause to be installed, or to operate a new permanent
72	72	44outdoor fixture, unless the following conditions are met:
73	73	45 (i) Fixtures used for roadway lighting or parking-lot lighting, whether mounted to poles,
74	74	46buildings or other structures, shall be fully shielded unless they are ornamental lighting fixtures,
75	75	47or are fixtures used to light tunnels or roadway underpasses;
76	76	48 (ii) Ornamental lighting fixtures shall comply with a limit on lumens of uplight
77	77	49established in the regulations; 4 of 6
78	78	50 (iii) Fixtures used for roadway lighting shall not be more numerous than is necessary for
79	79	51adequate vehicular and pedestrian safety, as determined by the regulations and given due
80	80	52consideration to the current lighting-needs criteria published by the Federal Highway
81	81	53Administration and the Illuminating Engineering Society;
82	82	54 (iv) Building-mounted fixtures shall be fully shielded unless they are façade lighting
83	83	55fixtures;
84	84	56 (v) Façade lighting fixtures shall be selected and installed to direct the light onto the
85	85	57intended target, and shall be shielded, so that glare, sky glow, and light trespass are minimized;
86	86	58 (vi) Fixtures used to light historic structures, flags, monuments, statuary and works of art
87	87	59shall be selected and installed to direct the light onto the intended target, and shall be shielded, so
88	88	60that glare, sky glow, and light trespass are minimized;
89	89	61 (vii) Fixtures used to light athletic playing areas shall be selected and installed so as to
90	90	62minimize glare, light trespass and sky glow outside the athletic playing area;
91	91	63 (viii) Fixtures installed for any purpose shall have a correlated color temperature that is
92	92	64not greater than a limit established in the regulations; provided, that the limit shall not exceed
93	93	653000 K; and provided further, that said regulations shall include exemptions from the limit where
94	94	66a public safety need is demonstrated, where the fixtures are used exclusively for the decorative
95	95	67illumination through color of certain building façade or landscape features, or where the fixtures
96	96	68are used to illuminate athletic playing areas;
97	97	69 (ix) Lighting installed for any purpose shall provide maintained illuminance at levels that
98	98	70are no greater than those required for the intended purpose, as established in the regulations and 5 of 6
99	99	71given due consideration to lighting industry standards and practices, unless a demonstrated and
100	100	72verified need exists for higher levels to ensure safety or security; provided, that if a municipal or
101	101	73county ordinance or regulation specifies lower illuminance levels, the illuminance level required
102	102	74for the intended purpose by the municipal or county ordinance or regulation shall be used.
103	103	75 (c) This section shall not apply: (i) if it is preempted by federal law; (ii) if the outdoor
104	104	76lighting fixture is used temporarily for emergency, repair, construction or similar activities; (iii)
105	105	77to navigational and other lighting systems necessary for aviation and nautical safety; (iv) if a
106	106	78compelling and bona fide safety or security need exists that cannot be addressed by another
107	107	79reasonable method; (v) to the replacement of a previously installed permanent outdoor fixture
108	108	80that is destroyed, damaged or inoperative, has experienced electrical failure due to failed
109	109	81components, or requires standard maintenance; (vi) to festoon lighting; as defined in the NFPA
110	110	8270 National Electrical Code; or (vii) to fixtures installed under any specific exemptions as
111	111	83codified in the regulations established under Section 38 (b).
112	112	84 SECTION 2. The Massachusetts Department of Transportation shall review and issue a
113	113	85report on existing roadway lighting and lighting operational costs. The report shall include a
114	114	86review of standards and other criteria for roadway lighting and an analysis of lighting operational
115	115	87costs; a review of roadway lighting’s impact on human health, human safety, and environmental
116	116	88impact; actions taken by the department to comply with current standards; procedures and
117	117	89accepted best practices relative to roadway lighting; and recommendations for reducing lighting
118	118	90operational costs through the replacement of existing high-wattage, unshielded fixtures with
119	119	91lower-wattage, fully shielded fixtures and the replacement of unnecessary roadway lighting with
120	120	92the installation of passive safety measures. The department shall issue its report to the 6 of 6
121	121	93department of energy resources and the clerks of senate and the house of representatives not later
122	122	94than January 1, 2026.
123	123	95 SECTION 3. Not later than January 1, 2026, the Department of Public Utilities shall,
124	124	96subject to its ratemaking authority, develop a rate for unmetered roadway or parking-lot lighting
125	125	97fixtures utilizing less than 25 watts of electricity.