Bill Text: HI SB2302 | 2016 | Regular Session | Amended
Bill Title: Dark Skies Protection Strategy; Department of Business, Economic Development, and Tourism; Advisory Committee
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2016-03-23 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Kawakami, Kong, Pouha excused (3). [SB2302 Detail]
Download: Hawaii-2016-SB2302-Amended.html
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THE SENATE |
S.B. NO. |
2302 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DARK SKIES PROTECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that dark night skies hold important cultural, scientific, astronomical, natural, landscape, and tourism-related value. The legislature also finds that light pollution, caused by the excessive, misdirected, or obtrusive use of artificial light, has become a worldwide problem, and is now posing significant challenges for the State of Hawaii.
Inappropriate use of lighting at night includes over-illumination, excessive use of artificial light, use of fixtures that direct light upwards causing glare and sky glow, and use of fixtures that have excessive amounts of blue light, which is scattered by the atmosphere to cause sky glow.
Light pollution can be avoided by a careful selection of light fixtures, with particular regard to the spectrum of the light these fixtures emit, and by specifying the amount of light that should be used so that areas are not over lit.
The legislature also finds that light can travel long distances, and that reduction of light pollution is a statewide issue. For example, the western part of Molokai has a much brighter night sky than the eastern part due to the sky glow from Oahu, and the sky glow from Oahu is easily visible from Haleakala and interferes with astronomical observations in the western part of the sky.
In addition, the legislature finds that light at night interferes with various species of animals, including threatened and endangered birds and turtles. Historical use of poorly designed light fixtures has required very costly retrofits to reduce the impact on these species.
The legislature further finds that light at night, particularly blue light, interferes with circadian rhythms, including those in humans. The World Health Organization has listed "shift work" that involves circadian disruption as a probable carcinogen. According to Professor Steven Lockley of Harvard Medical School, light intrusion, even if dim, is likely to have measurable effects on sleep disruption and melatonin suppression. Even if these effects are relatively small from night to night, continuous chronic circadian sleep, and hormonal disruption may have long-term health risks.
Finally, the legislature additionally finds that nighttime illumination of state highways, harbors, airports, and other facilities is costly and consumes large amounts of energy, and that application of new lighting technologies could produce substantial energy and cost savings.
The purpose of this Act is to establish a dark skies protection advisory committee to assist the department of business, economic development, and tourism in developing a dark skies protection strategy.
SECTION 2. Chapter 201, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§201- Dark skies protection strategy; advisory committee. (a) The department of business, economic development, and tourism shall develop a statewide dark skies protection strategy. There is established a dark skies protection advisory committee, to be placed within the department for administrative purposes. The advisory committee shall assist the department in developing a statewide dark skies protection strategy. The members of this advisory committee shall include:
(1) The director of business, economic development, and tourism, or the director's designee;
(2) The comptroller, or the comptroller's designee;
(3) The director of the institute for astronomy, or the director's designee;
(4) The director of health, or the director's designee;
(5) The director of transportation, or the director's designee;
(6) The chairperson of the board of land and natural resources, or the chairperson's designee;
(7) A representative from each of the mayoral offices of the counties of Kauai, Maui, Hawaii, and the city and county of Honolulu;
(8) The administrator of the office of Hawaiian affairs, or the administrator's designee;
(9) A member of the Hawaiian Astronomical Society, as selected by its board of directors; and
(10) A lighting engineer selected by the director of business, economic development, and tourism.
(b) The director of business, economic development, and tourism shall designate a chairperson of the advisory committee from among the members of the advisory committee.
(c) The department of business, economic development, and tourism, assisted by the advisory committee, shall develop a statewide dark skies protection strategy to reduce light pollution, save energy, preserve the quality of the night sky, and restore the dark night sky and its associated cultural, scientific, astronomical, natural, tourism, and landscape-related values. The department shall develop proposed legislation as needed to implement the light pollution reduction strategies, including laws to eliminate lighting that uses unnecessary or excessive light, or poorly designed luminaries, including use of excessive amounts of blue light.
(d) The statewide dark skies protection strategy shall be based on principles that include:
(1) The cultural heritage of the night sky, including its place in Hawaiian culture;
(2) Protection of threatened and endangered species that are affected by artificial light at night;
(3) Protection of the dark night sky for astronomical observations from Mauna Kea and Haleakala, including measures to prevent degradation of the dark night sky from artificial light;
(4) Protection of the dark night sky for educational purposes, especially for elementary, middle, and secondary school and university students;
(5) Establishing dark sky parks, which are designated locations that have special protections for the night sky, and are locations where residents and visitors can view the night sky with minimal interference from artificial light; and
(6) Preserving and recovering the dark night sky to reveal nocturnal landscapes that have traditionally been part of the natural and cultural landscape.
(e) The light pollution reduction strategy shall have the following components:
(1) Intelligent lighting systems that include reduction and prevention of light pollution, reduction and prevention of glare and sky glow, and conservation of energy;
(2) A tourism component that involves innovative and educational ecotourism related to the dark night sky in Hawaii, recognizing that many visitors to Hawaii come from cities that have severe light pollution;
(3) An educational component to educate Hawaii's students, residents, and visitors about the importance of a dark night sky and how to reduce light pollution; and
(4) Statewide monitoring of light pollution to monitor light pollution levels and long-term trends.
The advisory committee shall consult frequently with the United States Fish and Wildlife Service.
(f) The department of business, economic development, and tourism, with the assistance of the advisory committee, shall develop proposed legislation to implement statewide protective lighting and light pollution reduction strategies. Considerations shall include:
(1) Outdoor lighting requirements consistent with section 201-8.5, including the spectrum of the lights, or amendments thereto, to protect the dark night sky;
(2) Measures to conserve energy;
(3) Standards for dark night skies protective lighting design;
(4) Strengthening statewide commitment to preserving the dark night sky by adopting protective lighting in the public sector consistent with section 205A-71;
(5) Labeling that recognizes protective lighting in the public sector;
(6) Developing alliances with public and private entities responsible for outdoor lighting;
(7) Developing measures to avoid obtrusive light sources, eliminate light trespass, and improve the quality of life of the local population; and
(8) Educating local residents about lighting solutions, as well as the environmental, personal, and energy-savings benefits that intelligent lighting produces.
(g) The department of business, economic development, and tourism shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session. The report shall include findings, recommendations, and proposed legislation to reduce and control light pollution."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval and shall be repealed on June 30, 2021.
Report Title:
Dark Skies Protection Strategy; Department of Business, Economic Development, and Tourism; Advisory Committee
Description:
Establishes an advisory committee to assist the Department of Business, Economic Development, and Tourism in developing and implementing a statewide dark skies protection strategy. Sunsets 6/30/2021. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
