HBA-MPA C.S.H.B. 916 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 916 By: Gallego State Affairs 4/11/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, outdoor lighting is intended to illuminate a specific place on the ground, such as a curve in the road, a parking lot, or a sidewalk. However, in addition to these specific targets, fixtures can illuminate the entire sphere of space around them. This effect can create a safety hazard by sending light directly into the eyes of drivers and pedestrians. It may also, raise state utility costs, and negatively impact the natural night environment. C.S.H.B. 916 serves three functions: it reduces state utility costs by introducing conservation measures for outdoor lighting, preserves the natural night environment by reducing light pollution, and by installing a shield in the lighting fixtures it reduces the glare for drivers and pedestrians RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle E, Title 5, Health and Safety Code, by adding Chapter 421, as follows: CHAPTER 421. REGULATION OF CERTAIN OUTDOOR LIGHTING Sec. 421.001. DEFINITIONS. Defines "full cutoff luminaire," "light pollution," "outdoor lighting fixture," and "state funds." Sec. 421.002. STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING FIXTURES. (a) Authorizes an outdoor lighting fixture to be installed, replaced, maintained or operated with state funds only if: its rated output is greater than 1800 lumens and the fixture is a full cutoff luminaire that allows no direct light upward into the night sky; the minimum illuminance specified by local ordinance is used, if a local lighting ordinance applies, or the minimum illuminance adequate for the purpose, if it does not; for a designated state highway for which the Texas Department of Transportation has determined the purpose cannot be achieved by installation of other effective passive methods; and full consideration has been given to energy conservation, reducing glare, minimizing light pollution, and preserving the natural night environment. (b) Defines "energy conservation" for purposes of Subsection (a). (c) Provides that Subsection (a) does not apply if a federal law, rule or regulation preempts state law; the fixture is used on a temporary basis because illumination is required for emergency procedures; special events or situations require additional illumination; the outdoor lighting fixture is used solely to enhance the aesthetic beauty of an object; or a compelling safety interest cannot be addressed by another method. (d) Provides that sporting events and the illumination of monuments, historic structures, or flags are included among special events or situations requiring additional illumination, and that such lighting must be installed to shield the fixtures from direct view and to minimize upward lighting and light pollution. SECTION 2. SUBTITLE E. New Title: LIGHT POLLUTION. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 916 differs from the original bill in SECTION 1 by adding the definition of "full cutoff luminaire" to the proposed Section 421.001, Health and Safety Code, and making a conforming change in proposed Section 421.002(a)(1). The substitute adds a provision to proposed Section 421.002(c) specifying that Subsection (a) does not apply to an outdoor lighting fixture used solely to enhance the aesthetic beauty of an object. The substitute also differs in proposed Subsection (d) by adding historic structures to a list of special events and situations that may require illumination. C.S.H.B. 916 differs from the original bill in SECTION 3 by providing that this Act applies to an outdoor lighting fixture that is designed, in addition to installed or replaced, with state funds. C.S.H.B. 916 also differs from the original bill in SECTION 3 by adding to the substitute a provision that a fixture is designed when the design process begins.