Maryland 2024 Regular Session

Maryland Senate Bill SB405 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0405*
66
77 SENATE BILL 405
88 M3, E4, M5 4lr1011
99 CF HB 305
1010 By: Senator Smith
1111 Introduced and read first time: January 18, 2024
1212 Assigned to: Education, Energy, and the Environment
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Outdoor Lighting – Standards and Use of State Funds 2
1919
2020 FOR the purpose of requiring the Department of the Environment, on or before a certain 3
2121 date, to develop outdoor lighting standards that consider certain impacts of outdoor 4
2222 lighting; requiring the Department of the Environment to consult with the Maryland 5
2323 Department of Health, the Maryland Energy Administration, and the State Highway 6
2424 Administration in developing the standards; prohibiting State funds from being used 7
2525 to install or replace a certain permanent outdoor luminaire for lighting on the 8
2626 grounds of any State park, trail, or highway unless certain requirements are met; 9
2727 altering the requirements for the use of State funds for the installation or 10
2828 replacement of certain permanent outdoor luminaires to include certain correlated 11
2929 color temperature requirements; and generally relating to outdoor lighting 12
3030 standards. 13
3131
3232 BY adding to 14
3333 Article – Public Safety 15
3434 Section 12–1301 to be under the new subtitle “Subtitle 13. Outdoor Lighting 16
3535 Standards” 17
3636 Annotated Code of Maryland 18
3737 (2022 Replacement Volume and 2023 Supplement) 19
3838
3939 BY repealing and reenacting, with amendments, 20
4040 Article – State Finance and Procurement 21
4141 Section 14–412 22
4242 Annotated Code of Maryland 23
4343 (2021 Replacement Volume and 2023 Supplement) 24
4444
4545 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
4646 That the Laws of Maryland read as follows: 26
4747
4848 Article – Public Safety 27 2 SENATE BILL 405
4949
5050
5151
5252 SUBTITLE 13. OUTDOOR LIGHTING STANDARDS. 1
5353
5454 12–1301. 2
5555
5656 (A) ON OR BEFORE OCTOBER 1, 2025, THE DEPARTMENT OF THE 3
5757 ENVIRONMENT SHALL DEV ELOP OUTDOOR LIGHTIN G STANDARDS THAT CON SIDER 4
5858 THE IMPACT OF OUTDOO R LIGHTING ON: 5
5959
6060 (1) ENERGY CONSUMPTION ; 6
6161
6262 (2) THE ENVIRONMENT ; 7
6363
6464 (3) PUBLIC HEALTH ; AND 8
6565
6666 (4) PUBLIC SAFETY. 9
6767
6868 (B) IN DEVELOPING THE STA NDARDS REQUIRED UNDE R SUBSECTION (A) OF 10
6969 THIS SECTION, THE DEPARTMENT OF THE ENVIRONMENT : 11
7070
7171 (1) SHALL CONSULT WITH : 12
7272
7373 (I) THE MARYLAND DEPARTMENT OF HEALTH; 13
7474
7575 (II) THE MARYLAND ENERGY ADMINISTRATION ; AND 14
7676
7777 (III) THE STATE HIGHWAY ADMINISTRATION ; AND 15
7878
7979 (2) MAY CONSULT WITH : 16
8080
8181 (I) LIGHTING INDUSTRY EX PERTS; 17
8282
8383 (II) COMMUNITY AND ADVOCA CY ORGANIZATIONS ; AND 18
8484
8585 (III) ANY OTHER INTERESTED STAKEHOLDER . 19
8686
8787 Article – State Finance and Procurement 20
8888
8989 14–412. 21
9090
9191 (a) (1) In this section the following words have the meanings indicated. 22
9292
9393 (2) “Lamp” means the component of a luminaire that produces the light. 23
9494 SENATE BILL 405 3
9595
9696
9797 (3) “Lumen” means a unit of measurement of luminous flux. 1
9898
9999 (4) “Luminaire” means the complete lighting unit, including the lamp or 2
100100 other component that produces light and the assembly that holds the lamp, including an 3
101101 assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector 4
102102 or mirror, and a refractor or lens. 5
103103
104104 (5) “Restricted uplight luminaire” means a luminaire that: 6
105105
106106 (i) except for a 0.5% maximum incidental uplight from reflection off 7
107107 mounting hardware, allows no direct light emission above a horizontal plane through the 8
108108 luminaire’s lowest light–emitting part; and 9
109109
110110 (ii) emits no more than 10% of the total direct light emission at or 10
111111 above a vertical angle of 80 degrees. 11
112112
113113 (6) “State building” means a building owned or leased by the State or a unit 12
114114 of the State. 13
115115
116116 (b) This section does not apply to a luminaire: 14
117117
118118 (1) located on the grounds of a correctional facility; 15
119119
120120 (2) required by federal regulation; 16
121121
122122 (3) required for TEMPORARY storm operation activities performed by the 17
123123 Department of Transportation; 18
124124
125125 (4) required to illuminate the State flag or the flag of the United States; 19
126126
127127 (5) used for sign illumination; or 20
128128
129129 (6) in a lighting plan where less than 25% of the luminaires are to be 21
130130 replaced. 22
131131
132132 (c) State funds may not be used to install or replace a permanent outdoor 23
133133 luminaire for lighting on the grounds of any State building [or], facility, PARK, TRAIL, OR 24
134134 HIGHWAY unless: 25
135135
136136 (1) the luminaire is designed to maximize energy conservation and to 26
137137 minimize light pollution, glare, and light trespass; 27
138138
139139 (2) THE LUMINAIRE HAS A CORRELATED LIGHT TEM PERATURE THAT 28
140140 IS LESS THAN OR EQUA L TO 3,000 KELVIN; 29
141141 4 SENATE BILL 405
142142
143143
144144 (3) the illumination produced by the luminaire is the minimum 1
145145 illumination necessary for the intended purpose of the lighting; and 2
146146
147147 [(3)](4) for a luminaire with an output of more than 1,800 lumens, the 3
148148 luminaire is a restricted uplight luminaire. 4
149149
150150 (d) (1) The Board of Public Works or the Board’s designee may waive the 5
151151 requirement of subsection [(c)(3)] (C)(4) of this section if, after a request for a waiver has 6
152152 been made, the Board of Public Works or the Board’s designee determines that the waiver 7
153153 is necessary for the lighting application. 8
154154
155155 (2) The Board of Public Works shall establish the requirements for a waiver 9
156156 request under paragraph (1) of this subsection, including: 10
157157
158158 (i) a description of the lighting plan; 11
159159
160160 (ii) a description of the efforts made to comply with the requirements 12
161161 of this section; and 13
162162
163163 (iii) the reason a waiver is necessary. 14
164164
165165 (3) In reviewing a waiver request, the Board of Public Works or the Board’s 15
166166 designee shall consider design safety, costs, and any other factors the Board or the Board’s 16
167167 designee determines are appropriate. 17
168168
169169 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
170170 October 1, 2024. 19
171171