HB1579 HD2

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 night 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) Except as provided in subsection (k), beginning July 1, 2027, all new outdoor light fixtures shall comply with outdoor light fixture requirements for backlighting, uplight, and glare pursuant to subsections (b) and (c), subject to the appropriate county permit and inspection requirements thereof, except for new outdoor light fixtures affecting turtle nesting habitat.

(b) An outdoor light fixture is considered to comply with backlighting, uplight, and glare light fixture requirements when the outdoor light fixture:

(1) Is on the DLC-LUNA list; or

(2) Has a maximum ANSI/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.

(c) In addition to the requirements of subsection (b), 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.

(d) 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; provided that for a commercial user whose normal operating hours end or begin between 10:00 p.m. and sunrise, "curfew hours" means between 10:00 p.m. or one hour after closing, whichever is later, and sunrise or one hour before opening, whichever is earlier.

(e) The following outdoor light fixtures shall be exempt from the requirements of subsections (b), (c), and (d):

(1) Open flame gas lamps;

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

(3) Outdoor advertising signs, when used during curfew hours, 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;

(4) Search lights used for advertising purposes; provided 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.

(f) Outdoor light fixtures affecting turtle nesting habitats shall comply with section 205A-71 and meet the following specific turtle nesting standards rather than subsection (b):

(1) The outdoor light fixture is designated as a Turtle Lighting, Zero 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 three hundred eighty nanometers to five hundred sixty nanometers equal to one per cent or less of the total optical radiation between three hundred thirty nanometers to seven hundred nanometers;

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

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

Pole-mounted outdoor light fixtures shall have a maximum light output of ten thousand 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 not visible from sea turtle nests or the waterline and is six inches above the ground at the mean high tide line (turtle eye height).

Wall-mounted or ceiling- or canopy-mounted outdoor light fixtures shall have a maximum light output of two thousand five hundred lumens. All wall-mounted or ceiling-mounted outdoor light fixtures that face the shoreline shall be shielded so that the light source is not visible from sea turtle nests or the waterline and is six inches above the ground at the mean high tide line (turtle eye height).

Bollards shall have a maximum light output of one thousand lumens and an ANSI/IES Glare Rating of G0. All bollards that face the shoreline shall be shielded so that the light source is not visible from sea turtle nests or the waterline and is six inches above the ground at the mean high tide line (turtle eye height).

(g) All outdoor light fixtures planned and approved by the counties or existing and legally installed before June 30, 2026, shall be exempt from the requirements of subsections (b), (c), and (d); provided that when an existing outdoor light fixture becomes inoperable, the outdoor light fixture that replaces it shall comply with the requirements of this section.

(h) 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.

(i) 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 no less restrictive than this section; and

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

(j) This section shall be construed in conjunction with section 201-8.5; provided that, where both this section and section 201-8.5 apply, the more restrictive requirement shall govern.

(k) Notwithstanding subsection (a), all outdoor light fixtures planned and approved for department of education facilities by any county, or existing and legally installed before June 30, 2026, or that are in design before July 1, 2027, shall be exempt from the requirements of this section. This exemption shall include outdoor lighting fixtures used for school and public safety, campus security, emergency response, or other school-authorized activities.

(l) As used in this section:

"ANSI/IES" means American National Standards Institute (ANSI)/Illuminating Engineering Society of North America (IES).

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

"Curfew hours" means:

(1) For residential uses: between 10:00 p.m. to sunrise; and

(2) For all commercial users: between 10:00 p.m. and sunrise, except as otherwise provided in this section.

"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 enough intensity 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."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1579
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII