HB0854 96TH GENERAL ASSEMBLY

LRB096 03159 JDS 13176 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0854

Introduced 2/10/2009, by Rep. Rich Brauer

SYNOPSIS AS INTRODUCED:

New Act

Creates the Outdoor Lighting Control Act. Sets forth shielding and filtration requirements for specified lamp types when used for outdoor lighting, unless the lighting contains an automatic shutoff device and is not used from 11:00 p.m. until sunrise. Provides for exemptions. Provides that the Environmental Protection Agency may identify and designate, as dark areas, areas that are especially suitable for astronomical observations or that provide nocturnal benefits to flora and fauna due to their darkness and shall submit a proposed plan to preserve areas designated as dark areas.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Outdoor Lighting Control Act.

Section 5. Purpose. The purpose of this Act is to create standards for outdoor lighting so that its use does not interfere with the reasonable use and enjoyment of adjacent property, while also minimizing atmospheric light scattering.

Section 10. Definitions. As used in this Act:

"Outdoor light fixtures" means any artificial illuminating devices, outdoor fixtures, lamps, and other devices, permanent or portable, that are used for outdoor illumination. "Outdoor light fixtures" includes, but is not limited to, devices used for search, spot, or flood lights for:

(1) Buildings and structures.

(2) Recreational areas.

(3) Parking lot lighting.

(4) Landscape lighting.

(5) Security lighting.

With regard to outdoor light fixtures, "fully shielded" means being shielded in a manner so that light rays emitted from the fixture, either directly from the source of illumination or indirectly from the fixture, are projected below a horizontal plane running through the lowest point of the fixture where light is emitted.

With regard to outdoor light fixtures, "filtration" means having glass, acrylic, or translucent enclosures (quartz glass does not meet this requirement).

Section 15. Requirements for shielding or filtration. When used for outdoor lighting, shielding or filtration is required for the lamp types as set forth in the following table, unless the lighting contains an automatic shutoff device and is not used from 11:00 p.m. until sunrise:

For the purposes of this Act, quartz lamps are not considered an incandescent light source.

Section 20. Other restrictions.

(a) The installation of mercury vapor fixtures for use as outdoor lighting after the effective date of this Act is prohibited.

(b) A recreation facility, public or private, may use outdoor lighting from 11:00 p.m. until sunrise to conclude an event or activity begun before 10:00 p.m.

Section 25. Exemptions. The following are exempt from this Act:

(1) Fossil fuel light produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels.

(2) Outdoor light fixtures utilized on billboards.

(3) Outdoor light fixtures utilized by the federal government, State government, units of local government, and school districts.

(4) Outdoor light fixtures utilized at stadiums.

(5) Unless otherwise regulated, outdoor light fixtures installed before the effective date of this Act.

Section 30. Dark areas.

(a) Designation. The Environmental Protection Agency may identify and designate, as dark areas, areas of this State that are especially suitable for astronomical observations or that provide nocturnal benefits to flora and fauna due to their darkness.

(b) Proposed plan. The Environmental Protection Agency shall submit a proposed plan to preserve any areas designated as dark areas to the Governor and the General Assembly within 18 months of the designation of the area as a dark area.