Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1795
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5 By: Representative S. Meeks
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7 For An Act To Be Entitled
8 AN ACT TO REPEAL THE SHIELDED OUTDOOR LIGHTING ACT;
9 AND FOR OTHER PURPOSES.
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12 Subtitle
13 TO REPEAL THE SHIELDED OUTDOOR LIGHTING
14 ACT.
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17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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19 SECTION 1. Arkansas Code Title 8, Chapter 14, is repealed.
20 CHAPTER 14 SHIELDED OUTDOOR LIGHTING ACT
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22 8-14-101. Title.
23 This chapter shall be known and may be cited as the Shielded Outdoor
24 Lighting Act.
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26 8-14-102. Purpose.
27 The purpose of this chapter is to conserve energy and preserve the
28 environment through the regulation of outdoor lighting fixtures.
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30 8-14-103. Definitions.
31 As used in this chapter:
32 (1) Outdoor lighting fixture means an automatically
33 controlled, outdoor artificial illuminating device, whether permanent or
34 portable, used for illumination or advertisement, including searchlights,
35 spotlights, and floodlights, whether for architectural lighting, parking lot
36 lighting, landscape lighting, billboards, or street lighting; and
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1 (2) Shielded means a fixture that is covered in a manner that
2 light rays emitted by the fixture, either directly from the lamp or
3 indirectly from the fixture, are projected below a horizontal plane running
4 through the lowest point on the fixture where light is emitted.
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6 8-14-104. Shielding Prohibitions Exemptions.
7 (a)(1)(A) No public funds shall be used to install an outdoor lighting
8 fixture unless it is shielded.
9 (B) Subdivision (a)(1)(A) of this section does not apply
10 to any municipality or county if the governing body of the municipality or
11 county determines by ordinance or to a municipally owned utility if the
12 municipal employee responsible for procurement determines that the cost of
13 acquiring a shielded outdoor lighting fixture will be prohibitive after
14 comparing:
15 (i) The cost of the fixtures; and
16 (ii) The projected energy cost of the operation of
17 the fixtures.
18 (2) The Division of Environmental Quality shall promulgate rules
19 prohibiting any person or entity from knowingly placing or disposing of the
20 bulb or tube portion of an electric lighting device containing hazardous
21 levels of mercury in a landfill if:
22 (A) The electric lighting device contains more than two-
23 tenths milligram per liter (0.2 mg/l) of leachable mercury as measured by the
24 Toxicity Characteristic Leaching Procedure as set out in United States
25 Environmental Protection Agency Test Method 1311; and
26 (B) Adequate facilities exist for the public to properly
27 dispose of the electric lighting device described in subdivision (a)(2)(A) of
28 this section.
29 (3)(A) Each electric public utility shall offer a shielded
30 lighting service option.
31 (B) Each electric public utility shall file an application
32 with the Arkansas Public Service Commission to establish a schedule of rates
33 and charges for the provision of a shielded lighting service option to the
34 utility's customers.
35 (C) The commission shall require each electric public
36 utility to inform its customers of the availability of the shielded lighting
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1 service.
2 (b) This chapter does not apply to acquisitions of:
3 (1) Incandescent outdoor lighting fixtures of one hundred fifty
4 watts (150 W) or less or other light sources of seventy watts (70 W) or less;
5 (2) Outdoor lighting fixtures on advertisement signs on
6 interstate or federal primary highways;
7 (3)(A) Outdoor lighting fixtures existing and legally installed
8 before August 12, 2005.
9 (B) However, if an existing outdoor lighting fixture
10 exempted from this chapter under subdivision (b)(3)(A) of this section needs
11 to be replaced, the acquisition of the replacement outdoor lighting fixture
12 shall be subject to the provisions of this chapter;
13 (4) Navigational lighting systems at airports or other lighting
14 necessary for aircraft safety; and
15 (5) Outdoor lighting fixtures that are necessary for worker
16 safety at farms, ranches, dairies, or feedlots or industrial, mining, or oil
17 and gas facilities.
18 (c) This chapter does not apply to outdoor lighting fixtures
19 maintained or installed by:
20 (1) A public school district;
21 (2) A correctional facility;
22 (3) A juvenile detention facility;
23 (4) An adult detention facility;
24 (5) A mental health facility; or
25 (6) A state-supported institution of higher education.
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27 8-14-105. Penalties.
28 Violations of this chapter are punishable by:
29 (1) A warning for a first offense; and
30 (2) A fine of twenty-five dollars ($25.00) minus the replacement
31 cost for each offending outdoor lighting fixture for a second or subsequent
32 offense or for an offense that continues for thirty (30) calendar days from
33 the date of the warning.
34
35 8-14-106. Enforcement.
36 This chapter may be enforced by a town, city, or county of this state
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1 by seeking injunctive relief in a court of competent jurisdiction.
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3 8-14-107. Provisions supplemental.
4 The provisions of this chapter are cumulative and supplemental and
5 shall not apply within a town, city, or county of this state that by
6 ordinance has adopted provisions restricting light pollution that are equal
7 to or more stringent than the provisions of this chapter.
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