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THE SENATE |
S.B. NO. |
2278 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to light pollution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 201-8.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§201‑8.5[]] Night sky protection strategy. (a)
Beginning July 1, 2014, all state agencies shall comply with shielded outdoor
lighting fixture requirements under this section[, whereby], except as
specified otherwise [in subsections (c) through (f),]. Beginning July 1, 2026, every new and
replacement outdoor [lamp light] lighting fixture [emitting
more than three thousand lumens] installed in the State shall be
required to be fully shielded and to have a correlated color temperature of
four thousand Kelvin or less; provided that the impact of artificial light on
shoreline and ocean waters shall be subject to compliance with section 205A‑71. [A lighting fixture is considered to be
fully shielded when the lighting fixture is shielded in such a manner that all
light rays emitted by the fixture, either directly from the lamp, or indirectly
from the fixture, are projected below a horizontal plane running through the
lowest point of the fixture.]
(b) No new mercury vapor lamps shall be sold or installed after July 1, 2014.
(c)
[As applicable, retrofit work or replacement of existing lighting
fixtures shall:
(1) Limit
the rated correlated color temperature of emitted light (lamp, fixture, and
filter if used) to less than or equal to four thousand Kelvin, except in the
case of outdoor athletic facilities as described in subsection (d);
(2) Not
be subject to the shielding requirement for lamp-by-lamp replacement work; and
(3) Require
one hundred per cent fully shielded lighting fixtures be installed if more than
fifty per cent of existing nonconforming lighting fixtures need to be replaced.]
All outdoor lighting fixtures planned or
approved by any county or existing and legally installed before July 1, 2026,
shall be exempt from the installation and shielding requirements of this
section; provided that, when existing outdoor lighting fixtures become
inoperable, the outdoor lighting fixtures that replace them shall comply with
the requirements of this section, unless otherwise exempted by this section.
(d)
For outdoor athletic facilities, fully shielded outdoor lighting
fixtures with correlated color temperatures less than or equal to four thousand
Kelvin are preferred, but not required.
Where fully shielded outdoor lighting fixtures are not used,
acceptable luminaries shall include light fixtures that are:
(1) Equipped with internal, external, or internal and external glare control louvers and are installed so as to limit direct up-light to less than five per cent of the total lumens exiting from the installed fixtures and minimize offsite light trespass; and
(2) Installed and maintained with minimum aiming angles of twenty-five degrees downward from the horizontal; provided that the aiming angle shall be measured from the axis of the luminaire maximum beam candlepower, as certified by an independent testing agency.
(e) Fully shielded replacement outdoor lighting fixtures for state managed roadways and highways shall be installed on a case-by-case basis, subject to the availability of capital improvement project funding and compliance with applicable federal, state, or county design standards or guidelines. Where fully shielded outdoor lighting fixtures are not used, acceptable luminaires shall be partially shielded lights that emit no more than five per cent of their light above the horizontal plane, as certified by an independent testing agency.
(f)
The use of existing nonconforming outdoor lighting
fixtures shall be allowed, subject to compliance with subsection (c)[(3)],
for:
(1) Lighting fixtures that are extinguished between the hours of 11:00 p.m. and sunrise by an automatic shutoff device; or
(2) Outdoor amphitheaters, ballparks, playfields, play courts, or other similar recreational facilities, whether public or private, that are used for international, national, state, or county tournaments; or as needed to conclude any recreational event, sporting event, or other related clean up activity that is in progress prior to 11:00 p.m. at the amphitheater, ballpark, playfield, play court, or similar recreational facility.
(g) The following light sources shall be exempt from this section:
(1) Lighting sources emitting three thousand lumens or less, which is comparable to a lighting fixture with an incandescent lamp rated at one hundred fifty watts or less, and temporary ornamental holiday lights;
(2) Emergency lighting used by military, national guard, police, firefighters, correctional, medical, or hazardous material mitigation personnel, or other emergency responders for the duration of the emergency;
(3) Temporary outdoor lighting used for construction or major renovation of buildings or for highway improvements or construction;
(4) Temporary outdoor lighting used for film production and other permitted activities such as carnivals and concerts;
(5) Temporary outdoor lighting used for agricultural operations;
(6) Navigational lights that are required for waterway, open ocean, and aircraft safety;
(7) Existing
outdoor lighting fixtures that were legally installed prior to July 1, 2014,
subject to compliance with subsection (c)[(3)];
(8) Outdoor lighting fixtures that are necessary for compliance with applicable federal, state, or county design standards or guidelines that are related to health and safety for the general public;
(9) Upwards
facing lighting fixtures used to illuminate buildings, monuments, statues,
memorial structures, national or state flags, and other selected
facilities or features that were legally installed prior to July 1, 2014,
or that will result in the generation of three thousand lumens or less, as
certified by an independent testing agency; [and]
(10) Refurbishment,
repair, or replacement-in-kind of lighting fixtures that are character-defining
features of a historic property, as determined by the department of land and
natural resources historic preservation division[.]; and
(11) Private
residential incandescent light fixtures that are fully shielded or have a lumen
output of less than eight thousand one hundred lumens for each acre of property
that is intended to be illuminated.
(h)
This section shall be considered to be supplemental to any adopted
county lighting ordinances and shall not be construed to supersede or modify
county lighting ordinances or rules; provided that the county ordinance is not
less restrictive than this section[; and provided further that this section
shall not apply to counties with populations of less than one hundred thousand
persons].
(i) As used in this section:
"Fully shielded" means
that the outdoor lighting fixture is constructed so that all of the light
emitted by the fixture is projected below the horizontal plane of the lowest
point of the fixture.
"Outdoor lighting
fixture" means any outdoor artificial lighting device, fixture, lamp, or
other similar device, permanently installed or portable, which is intended to
provide illumination for either visibility or decorative effects. Outdoor lighting fixtures include but are not
limited to search, spot, and flood lighting used for:
(1) Buildings
and structures;
(2) Recreational
facilities;
(3) Parking
lots;
(4) Landscape
lighting;
(5) Business
and advertising signs;
(6) Roadways;
and
(7) Walkways."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 to enforce and replace or retrofit outdoor lighting fixtures in accordance with section 201-8.5, Hawaii Revised Statutes. The moneys shall be allocated as follows:
(1) $ to the county of Hawaii;
(2) $ to the city and county of Honolulu;
(3) $ to the county of Kauai; and
(4) $ to the county of Maui.
The sum appropriated shall be expended by each county for the purposes of this Act.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2026.
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INTRODUCED BY: |
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Report Title:
Counties; Outdoor Lighting; Light Pollution Protection Strategy; Appropriation
Description:
Requires all outdoor light fixtures to be fully shielded. Creates exemptions for certain outdoor lighting. Repeals the Night Sky Protection Strategy. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.