| 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 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0452* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 452 | |
| 11 | 8 | M3, M5, E4 5lr0640 | |
| 12 | 9 | HB 305/24 – ENT CF 5lr1116 | |
| 13 | 10 | By: Delegates Guyton, Wilkins, Kaiser, Lehman, Patterson, Ruth, Stonko, and | |
| 14 | 11 | Wolek | |
| 15 | 12 | Introduced and read first time: January 16, 2025 | |
| 16 | 13 | Assigned to: Environment and Transportation | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: March 5, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Outdoor Lighting – Guidance and Use of State Funds 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of requiring the Maryland Green Building Council, on or before a certain 3 | |
| 28 | 22 | date, to update or develop guidance for the purchase of outdoor lighting fixtures in 4 | |
| 29 | 23 | consideration of certain recommendations; prohibiting State funds from being used 5 | |
| 30 | 24 | to install or replace certain permanent outdoor luminaires for lighting unless certain 6 | |
| 31 | 25 | requirements are met; altering the requirements for the use of State funds for the 7 | |
| 32 | 26 | installation or replacement of certain permanent outdoor luminaires for lighting; 8 | |
| 33 | 27 | authorizing the Board of Public Works, or the Board’s designee, to waive a 9 | |
| 34 | 28 | requirement for the use of State funds for the installation or replacement of certain 10 | |
| 35 | 29 | permanent outdoor luminaires under certain circumstances; requiring the 11 | |
| 36 | 30 | Department of Transportation to conduct a certain review; and generally relating to 12 | |
| 37 | 31 | outdoor lighting. 13 | |
| 38 | 32 | ||
| 39 | 33 | BY adding to 14 | |
| 40 | 34 | Article – Public Safety 15 | |
| 41 | 35 | Section 12–1301 to be under the new subtitle “Subtitle 13. Outdoor Lighting 16 | |
| 42 | 36 | Guidance” 17 | |
| 43 | 37 | Annotated Code of Maryland 18 | |
| 44 | 38 | (2022 Replacement Volume and 2024 Supplement) 19 | |
| 45 | 39 | ||
| 46 | 40 | BY repealing and reenacting, with amendments, 20 | |
| 47 | 41 | Article – State Finance and Procurement 21 | |
| 48 | - | Section 14–412 22 2 HOUSE BILL 452 | |
| 42 | + | Section 14–412 22 | |
| 43 | + | Annotated Code of Maryland 23 | |
| 44 | + | (2021 Replacement Volume and 2024 Supplement) 24 | |
| 45 | + | ||
| 46 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 | |
| 47 | + | That the Laws of Maryland read as follows: 26 | |
| 48 | + | 2 HOUSE BILL 452 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Annotated Code of Maryland 1 | |
| 52 | - | (2021 Replacement Volume and 2024 Supplement) 2 | |
| 51 | + | Article – Public Safety 1 | |
| 53 | 52 | ||
| 54 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3 | |
| 55 | - | That the Laws of Maryland read as follows: 4 | |
| 53 | + | SUBTITLE 13. OUTDOOR LIGHTING GUIDANCE. 2 | |
| 56 | 54 | ||
| 57 | - | ||
| 55 | + | 12–1301. 3 | |
| 58 | 56 | ||
| 59 | - | SUBTITLE 13. OUTDOOR LIGHTING GUIDANCE. 6 | |
| 57 | + | (A) ON OR BEFORE OCTOBER 1, 2026, THE MARYLAND GREEN BUILDING 4 | |
| 58 | + | COUNCIL SHALL UPDATE OR DEVELOP GUIDANCE FOR THE PURCHASE OF OUTDOOR 5 | |
| 59 | + | LIGHTING FIXTURES IN CONSIDERATION OF REC OMMENDATIONS REGARDI NG LIGHT 6 | |
| 60 | + | POLLUTION AND COLOR TEMPERATURE PUBLISHE D BY THE AMERICAN MEDICAL 7 | |
| 61 | + | ASSOCIATION. 8 | |
| 60 | 62 | ||
| 61 | - | 12–1301. 7 | |
| 63 | + | (B) THE DEPARTMENT OF TRANSPORTATION IS NOT SUBJECT TO AN Y 9 | |
| 64 | + | GUIDELINES UPDATED O R DEVELOPED UNDER SU BSECTION (A) OF THIS SECTION. 10 | |
| 62 | 65 | ||
| 63 | - | (A) ON OR BEFORE OCTOBER 1, 2026, THE MARYLAND GREEN BUILDING 8 | |
| 64 | - | COUNCIL SHALL UPDATE OR DEVELOP GUIDANCE FOR THE PURCHASE OF O UTDOOR 9 | |
| 65 | - | LIGHTING FIXTURES IN CONSIDERATION OF REC OMMENDATIONS REGARDI NG LIGHT 10 | |
| 66 | - | POLLUTION AND COLOR TEMPERATURE PUBLISHE D BY THE AMERICAN MEDICAL 11 | |
| 67 | - | ASSOCIATION. 12 | |
| 66 | + | Article – State Finance and Procurement 11 | |
| 68 | 67 | ||
| 69 | - | (B) THE DEPARTMENT OF TRANSPORTATION IS NOT SUBJECT TO ANY 13 | |
| 70 | - | GUIDELINES UPDATED OR DEVELOPED UNDER S UBSECTION (A) OF THIS SECTION. 14 | |
| 68 | + | 14–412. 12 | |
| 71 | 69 | ||
| 72 | - | ||
| 70 | + | (a) (1) In this section the following words have the meanings indicated. 13 | |
| 73 | 71 | ||
| 74 | - | ||
| 72 | + | (2) “Lamp” means the component of a luminaire that produces the light. 14 | |
| 75 | 73 | ||
| 76 | - | ( | |
| 74 | + | (3) “Lumen” means a unit of measurement of luminous flux. 15 | |
| 77 | 75 | ||
| 78 | - | (2) “Lamp” means the component of a luminaire that produces the light. 18 | |
| 76 | + | (4) “Luminaire” means the complete lighting unit, including the lamp or 16 | |
| 77 | + | other component that produces light and the assembly that holds the lamp, including an 17 | |
| 78 | + | assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector 18 | |
| 79 | + | or mirror, and a refractor or lens. 19 | |
| 79 | 80 | ||
| 80 | - | ( | |
| 81 | + | (5) “Restricted uplight luminaire” means a luminaire that: 20 | |
| 81 | 82 | ||
| 82 | - | (4) “Luminaire” means the complete lighting unit, including the lamp or 20 | |
| 83 | - | other component that produces light and the assembly that holds the lamp, including an 21 | |
| 84 | - | assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector 22 | |
| 85 | - | or mirror, and a refractor or lens. 23 | |
| 83 | + | (i) except for a 0.5% maximum incidental uplight from reflection off 21 | |
| 84 | + | mounting hardware, allows no direct light emission above a horizontal plane through the 22 | |
| 85 | + | luminaire’s lowest light–emitting part; and 23 | |
| 86 | 86 | ||
| 87 | - | (5) “Restricted uplight luminaire” means a luminaire that: 24 | |
| 87 | + | (ii) emits no more than 10% of the total direct light emission at or 24 | |
| 88 | + | above a vertical angle of 80 degrees. 25 | |
| 88 | 89 | ||
| 89 | - | (i) except for a 0.5% maximum incidental uplight from reflection off 25 | |
| 90 | - | mounting hardware, allows no direct light emission above a horizontal plane through the 26 | |
| 91 | - | luminaire’s lowest light–emitting part; and 27 | |
| 90 | + | (6) “State building” means a building owned or leased by the State or a unit 26 | |
| 91 | + | of the State. 27 | |
| 92 | 92 | ||
| 93 | - | (ii) emits no more than 10% of the total direct light emission at or 28 | |
| 94 | - | above a vertical angle of 80 degrees. 29 | |
| 93 | + | (b) This section does not apply to a luminaire: 28 | |
| 94 | + | ||
| 95 | + | (1) located on the grounds of a correctional facility; 29 | |
| 95 | 96 | HOUSE BILL 452 3 | |
| 96 | 97 | ||
| 97 | 98 | ||
| 98 | - | (6) “State building” means a building owned or leased by the State or a unit 1 | |
| 99 | - | of the State. 2 | |
| 99 | + | (2) required by federal regulation; 1 | |
| 100 | 100 | ||
| 101 | - | (b) This section does not apply to a luminaire: 3 | |
| 101 | + | (3) required for storm operation activities performed by the Department of 2 | |
| 102 | + | Transportation; 3 | |
| 102 | 103 | ||
| 103 | - | ( | |
| 104 | + | (4) required to illuminate the State flag or the flag of the United States; 4 | |
| 104 | 105 | ||
| 105 | - | ( | |
| 106 | + | (5) used for sign illumination; [or] 5 | |
| 106 | 107 | ||
| 107 | - | ( | |
| 108 | - | ||
| 108 | + | (6) in a lighting plan where less than 25% of the luminaires are to be 6 | |
| 109 | + | replaced; OR 7 | |
| 109 | 110 | ||
| 110 | - | ( | |
| 111 | + | (7) USED TO ILLUMINATE T HE FIELD OF PLAY AT A SPORTS FACILITY . 8 | |
| 111 | 112 | ||
| 112 | - | (5) used for sign illumination; [or] 9 | |
| 113 | + | (c) State funds may not be used to install or replace a permanent outdoor 9 | |
| 114 | + | luminaire for lighting on the grounds of any State building [or], facility, PARK, OR TRAIL 10 | |
| 115 | + | unless: 11 | |
| 113 | 116 | ||
| 114 | - | ( | |
| 115 | - | ||
| 117 | + | (1) the luminaire is designed to maximize energy conservation and to 12 | |
| 118 | + | minimize light pollution, glare, and light trespass; 13 | |
| 116 | 119 | ||
| 117 | - | (7) USED TO ILLUMINATE THE FI ELD OF PLAY AT A SPO RTS FACILITY. 12 | |
| 120 | + | (2) EXCEPT FOR A LUMINAI RE INSTALLED OR REPL ACED BY THE 14 | |
| 121 | + | DEPARTMENT OF TRANSPORTATION , THE LUMINAIRE HAS A CORR ELATED LIGHT 15 | |
| 122 | + | TEMPERATURE THAT IS LESS THAN OR EQUAL T O 3,000 KELVINS; 16 | |
| 118 | 123 | ||
| 119 | - | (c) State funds may not be used to install or replace a permanent outdoor 13 | |
| 120 | - | luminaire for lighting on the grounds of any State building [or], facility, PARK, OR TRAIL 14 | |
| 121 | - | unless: 15 | |
| 124 | + | (3) the illumination produced by the luminaire is the minimum 17 | |
| 125 | + | illumination necessary for the intended purpose of the lighting; and 18 | |
| 122 | 126 | ||
| 123 | - | (1 | |
| 124 | - | ||
| 127 | + | [(3)] (4) for a luminaire with an output of more than 1,800 lumens, the 19 | |
| 128 | + | luminaire is a restricted uplight luminaire. 20 | |
| 125 | 129 | ||
| 126 | - | (2) EXCEPT FOR A LUMINAI RE INSTALLED OR REPL ACED BY THE 18 | |
| 127 | - | DEPARTMENT OF TRANSPORTATION , THE LUMINAIRE HAS A CORRELATED LIGHT 19 | |
| 128 | - | TEMPERATURE THAT IS LESS THAN OR EQUAL TO 3,000 KELVINS; 20 | |
| 130 | + | (d) (1) The Board of Public Works or the Board’s designee may waive the 21 | |
| 131 | + | [requirement] REQUIREMENTS of subsection [(c)(3)] (C)(2) OR (4) of this section if, after 22 | |
| 132 | + | a request for a waiver has been made, the Board of Public Works or the Board’s designee 23 | |
| 133 | + | determines that the waiver is necessary for the lighting application. 24 | |
| 129 | 134 | ||
| 130 | - | ( | |
| 131 | - | ||
| 135 | + | (2) The Board of Public Works shall establish the requirements for a waiver 25 | |
| 136 | + | request under paragraph (1) of this subsection, including: 26 | |
| 132 | 137 | ||
| 133 | - | [(3)] (4) for a luminaire with an output of more than 1,800 lumens, the 23 | |
| 134 | - | luminaire is a restricted uplight luminaire. 24 | |
| 138 | + | (i) a description of the lighting plan; 27 | |
| 135 | 139 | ||
| 136 | - | (d) (1) The Board of Public Works or the Board’s designee may waive the 25 | |
| 137 | - | [requirement] REQUIREMENTS of subsection [(c)(3)] (C)(2) OR (4) of this section if, after 26 | |
| 138 | - | a request for a waiver has been made, the Board of Public Works or the Board’s designee 27 | |
| 139 | - | determines that the waiver is necessary for the lighting application. 28 | |
| 140 | + | (ii) a description of the efforts made to comply with the requirements 28 | |
| 141 | + | of this section; and 29 | |
| 140 | 142 | ||
| 141 | - | (2) The Board of Public Works shall establish the requirements for a waiver 29 | |
| 142 | - | request under paragraph (1) of this subsection, including: 30 | |
| 143 | + | (iii) the reason a waiver is necessary. 30 | |
| 143 | 144 | 4 HOUSE BILL 452 | |
| 144 | 145 | ||
| 145 | 146 | ||
| 146 | - | (i) a description of the lighting plan; 1 | |
| 147 | + | (3) In reviewing a waiver request, the Board of Public Works or the Board’s 1 | |
| 148 | + | designee shall consider design safety, costs, and any other factors the Board or the Board’s 2 | |
| 149 | + | designee determines are appropriate. 3 | |
| 147 | 150 | ||
| 148 | - | (ii) a description of the efforts made to comply with the requirements 2 | |
| 149 | - | of this section; and 3 | |
| 151 | + | SECTION 2. AND BE IT FURTHER ENACTED, That, on or before September 30, 4 | |
| 152 | + | 2026, the Department of Transportation shall conduct a review of highway lighting 5 | |
| 153 | + | practices and, where applicable, consider alterations to current State practices that are 6 | |
| 154 | + | inconsistent with the guidelines established in the most recent edition of the Federal 7 | |
| 155 | + | Highway Administration’s Lighting Handbook. 8 | |
| 150 | 156 | ||
| 151 | - | (iii) the reason a waiver is necessary. 4 | |
| 157 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 9 | |
| 158 | + | October 1, 2025. 10 | |
| 152 | 159 | ||
| 153 | - | (3) In reviewing a waiver request, the Board of Public Works or the Board’s 5 | |
| 154 | - | designee shall consider design safety, costs, and any other factors the Board or the Board’s 6 | |
| 155 | - | designee determines are appropriate. 7 | |
| 156 | - | ||
| 157 | - | SECTION 2. AND BE IT FURTHER ENACTED, That, on or before September 30, 8 | |
| 158 | - | 2026, the Department of Transportation shall conduct a review of highway lighting 9 | |
| 159 | - | practices and, where applicable, consider alterations to current State practices that are 10 | |
| 160 | - | inconsistent with the guidelines established in the most recent edition of the Federal 11 | |
| 161 | - | Highway Administration’s Lighting Handbook. 12 | |
| 162 | - | ||
| 163 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall be construed to 13 | |
| 164 | - | apply only prospectively and may not be applied to or interpreted to have any effect on or 14 | |
| 165 | - | application to the purchase of any outdoor lighting fixtures for a project for which the design 15 | |
| 166 | - | phase has been completed before the effective date of any guidance published in accordance 16 | |
| 167 | - | with § 12–1301 of the Public Safety Article, as enacted by Section 1 of this Act. 17 | |
| 168 | - | ||
| 169 | - | SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 | |
| 170 | - | October 1, 2025. 19 | |
| 171 | - | ||
| 172 | - | ||
| 173 | - | ||
| 174 | - | ||
| 175 | - | Approved: | |
| 176 | - | ________________________________________________________________________________ | |
| 177 | - | Governor. | |
| 178 | - | ________________________________________________________________________________ | |
| 179 | - | Speaker of the House of Delegates. | |
| 180 | - | ________________________________________________________________________________ | |
| 181 | - | President of the Senate. |