Maryland 2024 Regular Session

Maryland House Bill HB305 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0305
6	6
7	7	HOUSE BILL 305
8	8	M3, M5, E4 4lr0741
9	9	HB 851/23 – ENT CF 4lr1011
10	10	By: Delegates Wilkins and Charkoudian
11	11	Introduced and read first time: January 15, 2024
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Outdoor Lighting – Standards and Use of State Funds 2
19	19
20	20	FOR the purpose of requiring the Department of the Environment, on or before a certain 3
21	21	date, to develop outdoor lighting standards that consider certain impacts of outdoor 4
22	22	lighting; requiring the Department of the Environment to consult with the Maryland 5
23	23	Department of Health, the Maryland Energy Administration, and the State Highway 6
24	24	Administration in developing the standards; prohibiting State funds from being used 7
25	25	to install or replace a certain permanent outdoor luminaire for lighting on the 8
26	26	grounds of any State park, trail, or highway unless certain requirements are met; 9
27	27	altering the requirements for the use of State funds for the installation or 10
28	28	replacement of certain permanent outdoor luminaires to include certain correlated 11
29	29	color temperature requirements; and generally relating to outdoor lighting. 12
30	30
31	31	BY adding to 13
32	32	Article – Public Safety 14
33	33	Section 12–1301 to be under the new subtitle “Subtitle 13. Outdoor Lighting 15
34	34	Standards” 16
35	35	Annotated Code of Maryland 17
36	36	(2022 Replacement Volume and 2023 Supplement) 18
37	37
38	38	BY repealing and reenacting, with amendments, 19
39	39	Article – State Finance and Procurement 20
40	40	Section 14–412 21
41	41	Annotated Code of Maryland 22
42	42	(2021 Replacement Volume and 2023 Supplement) 23
43	43
44	44	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
45	45	That the Laws of Maryland read as follows: 25
46	46
47	47	Article – Public Safety 26 2 HOUSE BILL 305
48	48
49	49
50	50
51	51	SUBTITLE 13. OUTDOOR LIGHTING STANDARDS. 1
52	52
53	53	12–1301. 2
54	54
55	55	(A) ON OR BEFORE OCTOBER 1, 2025, THE DEPARTMENT OF THE 3
56	56	ENVIRONMENT SHALL DEV ELOP OUTDOOR LIGHTIN G STANDARDS THAT CONSIDER 4
57	57	THE IMPACT OF OUTDOO R LIGHTING ON: 5
58	58
59	59	(1) ENERGY CONSUMPTION ; 6
60	60
61	61	(2) THE ENVIRONMENT ; 7
62	62
63	63	(3) PUBLIC HEALTH ; AND 8
64	64
65	65	(4) PUBLIC SAFETY. 9
66	66
67	67	(B) IN DEVELOPING THE STA NDARDS REQUIRED UNDE R SUBSECTION (A) OF 10
68	68	THIS SECTION, THE DEPARTMENT OF THE ENVIRONMENT : 11
69	69
70	70	(1) SHALL CONSULT WITH : 12
71	71
72	72	(I) THE MARYLAND DEPARTMENT OF HEALTH; 13
73	73
74	74	(II) THE MARYLAND ENERGY ADMINISTRATION ; AND 14
75	75
76	76	(III) THE STATE HIGHWAY ADMINISTRATION ; AND 15
77	77
78	78	(2) MAY CONSULT WITH : 16
79	79
80	80	(I) LIGHTING INDUSTRY EX PERTS; 17
81	81
82	82	(II) COMMUNITY AND ADVOCA CY ORGANIZATIONS ; AND 18
83	83
84	84	(III) ANY OTHER INTERESTED STAKEHOLDER . 19
85	85
86	86	Article – State Finance and Procurement 20
87	87
88	88	14–412. 21
89	89
90	90	(a) (1) In this section the following words have the meanings indicated. 22
91	91
92	92	(2) “Lamp” means the component of a luminaire that produces the light. 23
93	93	HOUSE BILL 305 3
94	94
95	95
96	96	(3) “Lumen” means a unit of measurement of luminous flux. 1
97	97
98	98	(4) “Luminaire” means the complete lighting unit, including the lamp or 2
99	99	other component that produces light and the assembly that holds the lamp, including an 3
100	100	assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector 4
101	101	or mirror, and a refractor or lens. 5
102	102
103	103	(5) “Restricted uplight luminaire” means a luminaire that: 6
104	104
105	105	(i) except for a 0.5% maximum incidental uplight from reflection off 7
106	106	mounting hardware, allows no direct light emission above a horizontal plane through the 8
107	107	luminaire’s lowest light–emitting part; and 9
108	108
109	109	(ii) emits no more than 10% of the total direct light emission at or 10
110	110	above a vertical angle of 80 degrees. 11
111	111
112	112	(6) “State building” means a building owned or leased by the State or a unit 12
113	113	of the State. 13
114	114
115	115	(b) This section does not apply to a luminaire: 14
116	116
117	117	(1) located on the grounds of a correctional facility; 15
118	118
119	119	(2) required by federal regulation; 16
120	120
121	121	(3) required for TEMPORARY storm operation activities performed by the 17
122	122	Department of Transportation; 18
123	123
124	124	(4) required to illuminate the State flag or the flag of the United States; 19
125	125
126	126	(5) used for sign illumination; or 20
127	127
128	128	(6) in a lighting plan where less than 25% of the luminaires are to be 21
129	129	replaced. 22
130	130
131	131	(c) State funds may not be used to install or replace a permanent outdoor 23
132	132	luminaire for lighting on the grounds of any State building [or], facility, PARK, TRAIL, OR 24
133	133	HIGHWAY unless: 25
134	134
135	135	(1) the luminaire is designed to maximize energy conservation and to 26
136	136	minimize light pollution, glare, and light trespass; 27
137	137
138	138	(2) THE LUMINAIRE HAS A CORRELATED LIGHT TEM PERATURE THAT 28
139	139	IS LESS THAN OR EQUA L TO 3,000 KELVIN; 29
140	140
141	141	(3) the illumination produced by the luminaire is the minimum 30 4 HOUSE BILL 305
142	142
143	143
144	144	illumination necessary for the intended purpose of the lighting; and 1
145	145
146	146	[(3)] (4) for a luminaire with an output of more than 1,800 lumens, the 2
147	147	luminaire is a restricted uplight luminaire. 3
148	148
149	149	(d) (1) The Board of Public Works or the Board’s designee may waive the 4
150	150	requirement of subsection [(c)(3)] (C)(4) of this section if, after a request for a waiver has 5
151	151	been made, the Board of Public Works or the Board’s designee determines that the waiver 6
152	152	is necessary for the lighting application. 7
153	153
154	154	(2) The Board of Public Works shall establish the requirements for a waiver 8
155	155	request under paragraph (1) of this subsection, including: 9
156	156
157	157	(i) a description of the lighting plan; 10
158	158
159	159	(ii) a description of the efforts made to comply with the requirements 11
160	160	of this section; and 12
161	161
162	162	(iii) the reason a waiver is necessary. 13
163	163
164	164	(3) In reviewing a waiver request, the Board of Public Works or the Board’s 14
165	165	designee shall consider design safety, costs, and any other factors the Board or the Board’s 15
166	166	designee determines are appropriate. 16
167	167
168	168	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
169	169	October 1, 2024. 18
170	170