HOUSE OF REPRESENTATIVES

H.B. NO.

1579

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to light pollution.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the night sky is a tremendously valuable natural and cultural resource for the residents of and visitors to Hawaii.  The dark night sky has tremendous scientific value for astronomy and is vitally important for wildlife in Hawaii, including seabirds, sea turtles, pollinators, bats, and coral reefs.  Dark night skies are essential for maintaining Native Hawaiian cultural practices and traditions that are closely tied to the visibility of the night sky.  In addition, public health and safety benefit from the dark night sky.

     The legislature further finds that unnecessary light pollution threatens the dark night sky over the Hawaiian islands.  The legislature passed Act 287, Session Laws of Hawaii 2012 (also known as the Hawaii Night Sky Protection Act), to address light pollution from state agencies.  The Hawaii Night Sky Protection Act implemented recommendations from the starlight reserve committee, a temporary advisory committee formed by Act 161, Session Laws of Hawaii 2009, to assist the department of business, economic development, and tourism to develop a statewide starlight reserve strategy to preserve the quality of the night sky and its associated cultural, scientific, astronomical, natural, and landscape—related values.  Act 185, Session Laws of Hawaii 2017, established the dark skies protection advisory committee, whose purpose is to assist the university of Hawaii in developing a statewide dark night skies protection strategy.

     Therefore, the purpose of this Act is to implement the recommendations of the statewide dark night skies protection strategy to prevent light pollution by establishing requirements for outdoor light fixtures throughout the State.

     SECTION 2.  Chapter 201, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§201-     Statewide dark night skies protection strategy; establishment of outdoor light fixture requirements throughout the State.  (a)  As used in this section:

     "County" includes the city and county of Honolulu, county of Hawaii, county of Kauai, and county of Maui.

     "DLC—LUNA list" means a light fixture, retrofit kit, or lamp on the DesignLights Consortium (DLC) Light Usage for Night Applications (LUNA]) Qualified Products List (QPL).

     "Glare" means light emitted from an outdoor light fixture with intensity enough to produce annoyance, discomfort, or a reduction in a viewer's ability to see.

     "Light trespass" means direct light emitted by an outdoor light fixture that shines beyond the boundaries of the property on which the outdoor light fixture is installed.

     "Low wattage" means a light fixture on one plug or set of light fixtures on one plug using five watts or less.

     (b)  Beginning July 1, 2027, all new outdoor light fixtures shall comply with outdoor light fixture requirements for backlighting, uplight, and glare pursuant to subsections (c) and (d), subject to the appropriate county permit and inspection requirements thereof, except for new outdoor light fixtures affecting turtle nesting habitat.

     (c)  An outdoor light fixture is considered to comply with backlighting, uplight, and glare lighting fixture requirements

when:

     (1)  The outdoor light fixture is on the DLC—LUNA list; or

     (2)  The outdoor light fixture has a maximum American National Standards Institute (ANSI)/Illuminating Engineering Society of North America (IES) Uplight Rating of U1 per ANSI/IES TM—15—20, a correlated color temperature that shall not exceed three thousand Kelvin, a continuous dimming capability of twenty per cent of maximum output power or lower, and has at least one shielding option; provided that dimming shall be performed automatically by a control system.

     (d)  In addition to the requirements of subsection (c), to mitigate glare and light trespass, all outdoor light fixtures shall be equipped with shielding, filters, lenses, or cutoff devices required to eliminate light trespass onto any street or abutting lot or parcel, to eliminate glare perceptible to persons on any street or abutting lot or parcel and to minimize uplighting.

     (e)  Outdoor light fixtures shall be extinguished or dimmed by a minimum of seventy-five per cent during curfew hours, unless otherwise superseded by county building codes.  Light trespass shall not occur, and outdoor light fixtures shall be extinguished or dimmed during the curfew hours of:

     (1)  Between 10:00 p.m. to sunrise for residential uses; and

     (2)  Between 10:00 p.m. and sunrise for all commercial users, unless normal operating hours end or begin within the hours of curfew, in which case light trespass restrictions shall apply until one hour after closing or one hour before opening.

     (f)  The following outdoor light fixtures are exempt from the requirements of subsections (c), (d), and (e):

     (1)  Open flame gas lamps;

     (2)  Low-wattage fixtures used for holiday decorations;

     (3)  Outdoor advertising signs, if the signs are:

          (A)  Constructed of translucent material; and

          (B)  Illuminated totally from within and colored with an opaque background using translucent letters or symbols,

     subject to the curfew hours set forth in subsection (e);

     (4)  Search lights used for advertising purposes, except that the operation of such lights shall be limited to the hours of dusk to 10:00 p.m.; and

     (5)  Emergency lighting required for public safety.

     (g)  Outdoor light fixtures affecting turtle nesting habitats shall be exempt from subsections (c), (d), and (e); provided that outdoor light fixtures affecting turtle nesting habitats shall comply with section 205A—71 and this section when:

     (1)  Designated as Turtle Lighting, Eero—Uplight fixtures on the DLC—LUNA list; or

     (2)  The outdoor light fixture:

          (A)  Uses narrowband or direct-emission amber light-emitting diodes with the sum of the optical radiation between 380 nm to 560 nm equal to one per cent or less of the total optical radiation between 330 nm to 700 nm;

          (B)  Has a maximum ANSI/IES Uplight Rating of U0 and a maximum glare rating of Bl per ANSI/IES TM-l5-20, unless otherwise stated;

          (C)  Has a continuous dimming capability of twenty per cent of maximum output power or lower; and

          (D)  Has at least one shielding option for pole-mounted light fixtures.

     (h)  Pole—mounted outdoor light fixtures shall have a maximum light output of 10,000 lumens.  All pole-mounted outdoor light fixtures shall face away from the shoreline and have a house side shield to ensure that the light source is:

     (1)  Not visible from sea turtle nests or the waterline; and

     (2)  Six inches above the waterline at turtle eye height.

     (i)  Wall—mounted or ceiling- or canopy-mounted outdoor light fixtures shall have a maximum light output of 2,500 lumens.  All wall-mounted or ceiling—mounted outdoor light fixtures that face the shoreline shall be shielded so that the light source is:

     (1)  Not visible from sea turtle nests or the waterline; and

     (2)  Six inches above the waterline at turtle eye height.

     (j)  Bollards shall have a maximum light output of 1,000 lumens and an ANSI/IES Glare Rating of B0.  All bollards that face the shoreline shall be shielded so that the light source is:

     (1)  Not visible from sea turtle nests or the waterline; and

     (2)  Six inches above the waterline at turtle eye height.

     (k)  All outdoor light fixtures planned and approved by the counties or existing and legally installed prior to June 30, 2026, are exempt from the requirements of subsections (c), (d), and (e); provided that when existing outdoor light fixtures become inoperable, the outdoor light fixtures that replace them shall comply with the requirements of this section.

     (l)  Outdoor light fixtures for airports, highways, and harbors shall comply with this section, except as required by any safety regulation or federal law, regulation, or mandate, pursuant to sections 262-4.5, 264-45, and 266-2.5, respectively.

     (m)  This section shall be considered to be supplemental to any county lighting ordinance or rule and shall not be construed to supersede or modify any county lighting ordinance or rule; provided that:

     (1)  The county lighting ordinance or rule is not less restrictive than this section; and

     (2)  This section shall not apply to counties with populations of less than one hundred thousand persons.

     (n)  This section shall be construed in conjunction with section 201‑8.5."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Light Pollution; Establishment of Outdoor Light Fixture Requirements Throughout the State

 

Description:

Beginning 7/1/2027, establishes outdoor light fixture requirements throughout the State.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.