EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0405*
SENATE BILL 405
M3, E4, M5 4lr1011
CF HB 305
By: Senator Smith
Introduced and read first time: January 18, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Outdoor Lighting – Standards and Use of State Funds 2
FOR the purpose of requiring the Department of the Environment, on or before a certain 3
date, to develop outdoor lighting standards that consider certain impacts of outdoor 4
lighting; requiring the Department of the Environment to consult with the Maryland 5
Department of Health, the Maryland Energy Administration, and the State Highway 6
Administration in developing the standards; prohibiting State funds from being used 7
to install or replace a certain permanent outdoor luminaire for lighting on the 8
grounds of any State park, trail, or highway unless certain requirements are met; 9
altering the requirements for the use of State funds for the installation or 10
replacement of certain permanent outdoor luminaires to include certain correlated 11
color temperature requirements; and generally relating to outdoor lighting 12
standards. 13
BY adding to 14
Article – Public Safety 15
Section 12–1301 to be under the new subtitle “Subtitle 13. Outdoor Lighting 16
Standards” 17
Annotated Code of Maryland 18
(2022 Replacement Volume and 2023 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – State Finance and Procurement 21
Section 14–412 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2023 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – Public Safety 27 2 SENATE BILL 405
SUBTITLE 13. OUTDOOR LIGHTING STANDARDS. 1
12–1301. 2
(A) ON OR BEFORE OCTOBER 1, 2025, THE DEPARTMENT OF THE 3
ENVIRONMENT SHALL DEV ELOP OUTDOOR LIGHTIN G STANDARDS THAT CON SIDER 4
THE IMPACT OF OUTDOO R LIGHTING ON: 5
(1) ENERGY CONSUMPTION ; 6
(2) THE ENVIRONMENT ; 7
(3) PUBLIC HEALTH ; AND 8
(4) PUBLIC SAFETY. 9
(B) IN DEVELOPING THE STA NDARDS REQUIRED UNDE R SUBSECTION (A) OF 10
THIS SECTION, THE DEPARTMENT OF THE ENVIRONMENT : 11
(1) SHALL CONSULT WITH : 12
(I) THE MARYLAND DEPARTMENT OF HEALTH; 13
(II) THE MARYLAND ENERGY ADMINISTRATION ; AND 14
(III) THE STATE HIGHWAY ADMINISTRATION ; AND 15
(2) MAY CONSULT WITH : 16
(I) LIGHTING INDUSTRY EX PERTS; 17
(II) COMMUNITY AND ADVOCA CY ORGANIZATIONS ; AND 18
(III) ANY OTHER INTERESTED STAKEHOLDER . 19
Article – State Finance and Procurement 20
14–412. 21
(a) (1) In this section the following words have the meanings indicated. 22
(2) “Lamp” means the component of a luminaire that produces the light. 23
SENATE BILL 405 3
(3) “Lumen” means a unit of measurement of luminous flux. 1
(4) “Luminaire” means the complete lighting unit, including the lamp or 2
other component that produces light and the assembly that holds the lamp, including an 3
assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector 4
or mirror, and a refractor or lens. 5
(5) “Restricted uplight luminaire” means a luminaire that: 6
(i) except for a 0.5% maximum incidental uplight from reflection off 7
mounting hardware, allows no direct light emission above a horizontal plane through the 8
luminaire’s lowest light–emitting part; and 9
(ii) emits no more than 10% of the total direct light emission at or 10
above a vertical angle of 80 degrees. 11
(6) “State building” means a building owned or leased by the State or a unit 12
of the State. 13
(b) This section does not apply to a luminaire: 14
(1) located on the grounds of a correctional facility; 15
(2) required by federal regulation; 16
(3) required for TEMPORARY storm operation activities performed by the 17
Department of Transportation; 18
(4) required to illuminate the State flag or the flag of the United States; 19
(5) used for sign illumination; or 20
(6) in a lighting plan where less than 25% of the luminaires are to be 21
replaced. 22
(c) State funds may not be used to install or replace a permanent outdoor 23
luminaire for lighting on the grounds of any State building [or], facility, PARK, TRAIL, OR 24
HIGHWAY unless: 25
(1) the luminaire is designed to maximize energy conservation and to 26
minimize light pollution, glare, and light trespass; 27
(2) THE LUMINAIRE HAS A CORRELATED LIGHT TEM PERATURE THAT 28
IS LESS THAN OR EQUA L TO 3,000 KELVIN; 29
4 SENATE BILL 405
(3) the illumination produced by the luminaire is the minimum 1
illumination necessary for the intended purpose of the lighting; and 2
[(3)](4) for a luminaire with an output of more than 1,800 lumens, the 3
luminaire is a restricted uplight luminaire. 4
(d) (1) The Board of Public Works or the Board’s designee may waive the 5
requirement of subsection [(c)(3)] (C)(4) of this section if, after a request for a waiver has 6
been made, the Board of Public Works or the Board’s designee determines that the waiver 7
is necessary for the lighting application. 8
(2) The Board of Public Works shall establish the requirements for a waiver 9
request under paragraph (1) of this subsection, including: 10
(i) a description of the lighting plan; 11
(ii) a description of the efforts made to comply with the requirements 12
of this section; and 13
(iii) the reason a waiver is necessary. 14
(3) In reviewing a waiver request, the Board of Public Works or the Board’s 15
designee shall consider design safety, costs, and any other factors the Board or the Board’s 16
designee determines are appropriate. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2024. 19