A917

An Act regulating outdoor lighting fixtures and supplementing chapter 34 of Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. Unnecessary outdoor lighting squanders money and energy.

b. Unshielded outdoor lights are responsible for emitting pollutants, including carbon dioxide and wasted light.

c. Over-lighting during non-daylight hours neither improves visibility nor increases nighttime safety.

d. Removing unnecessary lighting and utilizing efficient light sources saves money and improves the nighttime environment, often at minimal expense.

e. It is in the public interest to minimize misdirected and upward light from luminaires to promote the State's fiscal health and to preserve New Jersey's natural nighttime environment.

f. It is necessary to regulate the State's outdoor lighting to conserve energy and resources to the greatest extent possible while permitting reasonable uses of outdoor lighting for nighttime safety, utility, security, commerce, and enjoyment.

2. As used in this act:

"Cutoff luminaire" means a luminaire whose luminous intensity in candelas at or above an angle of 90 degrees above nadir does not numerically exceed 2.5 percent of the luminous flux, in lumens, of the lamp or lamps in the luminaire, and the luminous intensity, in candelas, at or above a vertical angle of 80 degrees above nadir does not numerically exceed 10 percent of the luminous flux of the lamp or lamps in the luminaire.

"Energy conservation" means the reduction of energy costs and resources used by methods including, but not limited to, the use of light fixtures with the lowest feasible wattage or a photo-sensitive or timer switch.

"Lumen" means an international standard unit of luminous flux represenenting the quantity of visible light output.

"Luminaire" means the complete lighting unit fixture consisting of a lamp, or lamps and ballasts, together with the parts designed to distribut the light, including but not limited a reflector, lens, and diffuser, to position and protect the lamps, and to connect the lamps to the power supply.

"Luminous flux" means the measure of the perceived power of the light in lumens.

"Outdoor lighting fixture" means any type of fixed or movable lighting equipment that is designed or used for illumination outdoors. The term includes billboard lighting, street lights, searchlights and other lighting used for advertising purposes, and area lighting. The term does not include lighting equipment that is required by law to be installed on motor vehicles or lighting required for the safe operation of aircraft.

"State" means the State of New Jersey and any office, department, division, bureau, board, commission, or agency of the State, but does not include counties, municipalities, school districts, and county or municipal authorities.

3. a. On or after the effective date of this act, the State shall install, replace, or maintain an outdoor lighting fixture by using State funds only if:

(1) any outdoor lighting fixture with a rated output greater than 1,800 lumens is installed or replaced with a cutoff luminaire;

(2) the minimum illuminance adequate for the intended purpose is used with consideration given to nationally recognized standards;

(3) for lighting of a designated highway of the State highway system, the Department of Transportation determines that the purpose of the outdoor lighting fixture cannot be achieved by the installation of reflective road markers, lines, warning or informational signs, or other effective passive methods; and

(4) full consideration has been given to energy conservation, reducing glare, minimizing light pollution and preserving the natural night environment.

b. Subsection a. of this section does not apply if:

(1) the outdoor lighting fixture is used on a temporary basis because emergency personnel require additional illumination for emergency procedures;

(2) the outdoor lighting fixture is used on a temporary basis for nighttime work;

(3) the outdoor lighting fixture is used on a for a special event or situation requiring additional illumination that cannot be produced by another method;

(4) a compelling safety interest exists that cannot be addressed by another method; or

(5) a federal law supersedes or is inconsistent with its requirements.

4. This act shall take effect on the first day of the seventh month next following enactment.

STATEMENT

This bill requires outdoor lighting fixtures installed, replaced, or maintained by the State to comply with design requirements intended to minimize wasted light. Reducing unnecessary lighting conserves energy and preserves a pristine nighttime environment for astronomy and other enjoyment.

The goal of this legislation is to permit reasonable use of outdoor lighting for nighttime safety and enjoyment while conserving energy and reducing waste. Numerous other states have enacted similar legislation in their efforts to cut waste and reduce light pollution.