EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0452* HOUSE BILL 452 M3, M5, E4 5lr0640 HB 305/24 – ENT CF 5lr1116 By: Delegates Guyton, Wilkins, Kaiser, Lehman, Patterson, Ruth, Stonko, and Wolek Introduced and read first time: January 16, 2025 Assigned to: Environment and Transportation A BILL ENTITLED AN ACT concerning 1 Outdoor Lighting – Guidance and Use of State Funds 2 FOR the purpose of requiring the Maryland Green Building Council, on or before a certain 3 date, to update or develop guidance for the purchase of outdoor lighting fixtures in 4 consideration of certain recommendations; prohibiting State funds from being used 5 to install or replace certain permanent outdoor luminaires for lighting unless certain 6 requirements are met; altering the requirements for the use of State funds for the 7 installation or replacement of certain permanent outdoor luminaires for lighting; 8 authorizing the Board of Public Works, or the Board’s designee, to waive a 9 requirement for the use of State funds for the installation or replacement of certain 10 permanent outdoor luminaires under certain circumstances; requiring the 11 Department of Transportation to conduct a certain review; and generally relating to 12 outdoor lighting. 13 BY adding to 14 Article – Public Safety 15 Section 12–1301 to be under the new subtitle “Subtitle 13. Outdoor Lighting 16 Guidance” 17 Annotated Code of Maryland 18 (2022 Replacement Volume and 2024 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 2024 Supplement) 24 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 That the Laws of Maryland read as follows: 26 2 HOUSE BILL 452 Article – Public Safety 1 SUBTITLE 13. OUTDOOR LIGHTING GUIDANCE. 2 12–1301. 3 (A) ON OR BEFORE OCTOBER 1, 2026, THE MARYLAND GREEN BUILDING 4 COUNCIL SHALL UPDATE OR DEVELOP GUIDANCE FOR THE PURCHASE OF OUTDOOR 5 LIGHTING FIXTURES IN CONSIDERATION OF REC OMMENDATIONS REGARDI NG LIGHT 6 POLLUTION AND COLOR TEMPERATURE PUBLISHE D BY THE AMERICAN MEDICAL 7 ASSOCIATION. 8 (B) THE DEPARTMENT OF TRANSPORTATION IS NOT SUBJECT TO AN Y 9 GUIDELINES UPDATED O R DEVELOPED UNDER SU BSECTION (A) OF THIS SECTION. 10 Article – State Finance and Procurement 11 14–412. 12 (a) (1) In this section the following words have the meanings indicated. 13 (2) “Lamp” means the component of a luminaire that produces the light. 14 (3) “Lumen” means a unit of measurement of luminous flux. 15 (4) “Luminaire” means the complete lighting unit, including the lamp or 16 other component that produces light and the assembly that holds the lamp, including an 17 assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector 18 or mirror, and a refractor or lens. 19 (5) “Restricted uplight luminaire” means a luminaire that: 20 (i) except for a 0.5% maximum incidental uplight from reflection off 21 mounting hardware, allows no direct light emission above a horizontal plane through the 22 luminaire’s lowest light–emitting part; and 23 (ii) emits no more than 10% of the total direct light emission at or 24 above a vertical angle of 80 degrees. 25 (6) “State building” means a building owned or leased by the State or a unit 26 of the State. 27 (b) This section does not apply to a luminaire: 28 (1) located on the grounds of a correctional facility; 29 HOUSE BILL 452 3 (2) required by federal regulation; 1 (3) required for storm operation activities performed by the Department of 2 Transportation; 3 (4) required to illuminate the State flag or the flag of the United States; 4 (5) used for sign illumination; [or] 5 (6) in a lighting plan where less than 25% of the luminaires are to be 6 replaced; OR 7 (7) USED TO ILLUMINATE T HE FIELD OF PLAY AT A SPORTS FACILITY . 8 (c) State funds may not be used to install or replace a permanent outdoor 9 luminaire for lighting on the grounds of any State building [or], facility, PARK, OR TRAIL 10 unless: 11 (1) the luminaire is designed to maximize energy conservation and to 12 minimize light pollution, glare, and light trespass; 13 (2) EXCEPT FOR A LUMINAI RE INSTALLED OR REPL ACED BY THE 14 DEPARTMENT OF TRANSPORTATION , THE LUMINAIRE HAS A CORR ELATED LIGHT 15 TEMPERATURE THAT IS LESS THAN OR EQUAL T O 3,000 KELVINS; 16 (3) the illumination produced by the luminaire is the minimum 17 illumination necessary for the intended purpose of the lighting; and 18 [(3)] (4) for a luminaire with an output of more than 1,800 lumens, the 19 luminaire is a restricted uplight luminaire. 20 (d) (1) The Board of Public Works or the Board’s designee may waive the 21 [requirement] REQUIREMENTS of subsection [(c)(3)] (C)(2) OR (4) of this section if, after 22 a request for a waiver has been made, the Board of Public Works or the Board’s designee 23 determines that the waiver is necessary for the lighting application. 24 (2) The Board of Public Works shall establish the requirements for a waiver 25 request under paragraph (1) of this subsection, including: 26 (i) a description of the lighting plan; 27 (ii) a description of the efforts made to comply with the requirements 28 of this section; and 29 (iii) the reason a waiver is necessary. 30 4 HOUSE BILL 452 (3) In reviewing a waiver request, the Board of Public Works or the Board’s 1 designee shall consider design safety, costs, and any other factors the Board or the Board’s 2 designee determines are appropriate. 3 SECTION 2. AND BE IT FURTHER ENACTED, That, on or before September 30, 4 2026, the Department of Transportation shall conduct a review of highway lighting 5 practices and, where applicable, consider alterations to current State practices that are 6 inconsistent with the guidelines established in the most recent edition of the Federal 7 Highway Administration’s Lighting Handbook. 8 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 9 October 1, 2025. 10