HB2027

SECTION 1. The legislature finds that dark night skies hold important cultural, scientific, astronomical, natural, landscape, and tourism related value. Light pollution caused by the excessive, misdirected, or obtrusive use of artificial light has become a worldwide problem and is now posing significant challenges for the State from ecological disruption to compromised astronomical research. The inappropriate use of lighting at night includes over-illumination, with excessive use of artificial light, use of fixtures that direct light upwards causing glare, light trespass and sky glow, and use of fixtures that have excessive amounts of blue light.

Light pollution is a statewide issue because light travels far distances. For example, the western part of Molokai has a much brighter night sky than the eastern part due to the sky glow from Oahu, and the sky glow from Oahu is easily visible from Haleakala, interfering with astronomical observations in the western part of the sky.

Light at night interferes with various species of animals, including federally and state-protected seabirds and turtles. When young seabirds and turtles leave their nests, they orient by using the light from the sky. Bright artificial lights disorient seabirds and turtles causing them to fly or walk to inland areas where they become exhausted and are more vulnerable to predators. Historical use of poorly designed light fixtures has required very costly retrofits to reduce the impact on these species. Light at night, particularly blue light, also interferes with circadian rhythms, including those in humans. The World Health Organization has listed "shift work" that involves circadian disruption as a probable carcinogen. Research suggests that light intrusion, even if dim, is likely to have measurable effects on sleep disruption and melatonin suppression. Even if these effects are relatively small from night to night, continuous chronic circadian sleep, and hormonal disruption may have longer-term health risks.

Another consideration concerning night light is the cost involved. Nighttime illumination of state highways, harbors, airports, and other facilities is costly and consumes large amounts of energy. Application of new lighting technologies may produce substantial energy and cost savings.

The legislature finds that the preservation of the State's dark night skies is essential to the State's well-being and that the State needs a statewide coordinated strategy to address this issue. The legislature notes that a dark night skies protection advisory committee was established by Act 185, Session Laws of Hawaii 2017, to assist the University of Hawaii in developing a statewide dark night skies protection strategy and finds that this type of advisory committee would be more appropriately placed within the department of land and natural resources.

The purpose of this Act is to address the preservation of dark night skies in Hawaii by establishing a dark night skies protection advisory committee within the department of land and natural resources and expediting the repeal of the existing advisory committee within the University of Hawaii.

SECTION 2. (a) There is established a dark night skies protection advisory committee, to be placed within the department of land and natural resources for administrative purposes. The advisory committee shall assist the department of land and natural resources in developing a statewide dark night skies protection strategy.

(b) The advisory committee shall consist of:

(1) The chairperson of the board of land and natural resources;

(2) The comptroller;

(3) The director of business, economic development, and tourism;

(4) The director of transportation;

(5) The president of the University of Hawaii;

(6) The mayor of each county;

(7) The chief executive officer of the office of Hawaiian affairs;

(8) The director of the University of Hawaii institute for astronomy; and

(9) A representative of the University of Hawaii at Hilo.

(c) The chairperson of the board of land and natural resources shall select a chairperson from among the members listed in subsection (b).

(d) The chairperson of the advisory committee shall invite the following individuals to become members of the task force:

(1) A representative from the United States Fish and Wildlife Service;

(2) A representative of the United States military, to be appointed by the Commander of the United States Pacific Command;

(3) A representative from the Federal Aviation Administration;

(4) A representative from the United States Coast Guard;

(5) A representative from the Federal Highway Administration;

(6) A member of the Hawaiian Astronomical Society; and

(7) The DesignLights Consortium, a non-governmental organization.

(e) In developing the dark night skies protection strategy, the advisory committee shall consider and evaluate issues that include:

(1) Reduction of light pollution in the State;

(2) Methods to conserve energy;

(3) Cultural, scientific, astronomical, natural, tourism, and landscape related values associated with dark night skies;

(4) Protection of federally and state protected species that are affected by artificial light;

(5) Impacts of light pollution on astronomical observations;

(6) Educational uses of the dark night sky by K-12 and higher education students;

(7) Establishment of dark night sky parks, which are designated locations that have special protections for the night sky, and are locations where residents and visitors can view the night sky with minimal interference from artificial light;

(8) Statewide monitoring of light pollution levels and long-term trends in light pollution;

(9) Public safety issues related to the reduction in artificial light, as well as over lighting resulting in glare and light trespass; and

(10) Any additional considerations that the advisory committee believes will help to protect dark night skies in the State.

(f) Members of the advisory committee shall serve without compensation but shall be reimbursed by their respective organization for expenses, including travel expenses, necessary for the performance of their duties. The department of land and natural resources shall provide all necessary administrative, professional, technical, and clerical support required by the advisory committee.

(g) The advisory committee shall be dissolved on June 30, 2028.

SECTION 3. The department of land and natural resources shall report its initial findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2025. The advisory committee shall report its updated findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular sessions of 2026, 2027, and 2028.

SECTION 4. Act 185, Session Laws of Hawaii 2017, is amended by amending section 2, subsection (h), to read as follows:

"(h) The advisory committee shall be dissolved on [~~June 30, 2027.~~] July 1, 2024."

SECTION 5. This Act shall take effect on July 1, 2024.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2027
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII