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.