Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3494 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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