Bill Amendment: IL SB3501 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: OUTDOOR LIGHTING CONTROL ACT
Status: 2024-08-09 - Public Act . . . . . . . . . 103-1007 [SB3501 Detail]
Download: Illinois-2023-SB3501-Senate_Amendment_001.html
Bill Title: OUTDOOR LIGHTING CONTROL ACT
Status: 2024-08-09 - Public Act . . . . . . . . . 103-1007 [SB3501 Detail]
Download: Illinois-2023-SB3501-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3501 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3501 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Responsible Outdoor Lighting Control Act.
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6 | Section 5. Findings. The General Assembly finds that: | ||||||
7 | (1) Article XI of the Illinois Constitution states the | ||||||
8 | public policy of the State and the duty of each person is | ||||||
9 | to provide and maintain a healthful environment for the | ||||||
10 | benefit of this and future generations and that the | ||||||
11 | General Assembly shall provide by law for the | ||||||
12 | implementation and enforcement of this policy. | ||||||
13 | (2) The House of Representatives has resolved in House | ||||||
14 | Resolution 884 of the 96th General Assembly to (i) express | ||||||
15 | its support for improved night preservation practices in | ||||||
16 | Illinois, (ii) encourage State agencies to adopt suitable |
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1 | outdoor lighting practices based on the principles of | ||||||
2 | applying artificial light only where it is needed, when it | ||||||
3 | is needed, and to only the levels needed using the best | ||||||
4 | safety and energy-efficient standards available, and (iii) | ||||||
5 | encourage the Illinois Sustainable Technology Center of | ||||||
6 | the University of Illinois to provide artificial outdoor | ||||||
7 | illumination engineering assistance to State agencies, | ||||||
8 | municipalities, and businesses that seek to implement | ||||||
9 | responsible outdoor lighting to conserve and preserve the | ||||||
10 | important natural phenomenon of night. | ||||||
11 | (3) The Senate has resolved in Senate Resolution 65 of | ||||||
12 | the 103rd General Assembly that local governments in | ||||||
13 | Illinois should abide by the International Dark-Sky | ||||||
14 | Association (now known as Dark Sky International) | ||||||
15 | guidelines and lighting principles to help mitigate the | ||||||
16 | effects of light pollution produced by outdoor lighting. | ||||||
17 | (4) The State should promote responsible outdoor | ||||||
18 | lighting. | ||||||
19 | (5) Government structures, facilities, places, and | ||||||
20 | spaces should serve as models of best practices for | ||||||
21 | private structures, facilities, places, and spaces. These | ||||||
22 | government structures, facilities, places, and spaces | ||||||
23 | should encourage residents, business owners, and others to | ||||||
24 | join in transitioning to responsible lighting.
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25 | Section 10. Definitions. As used in this Act: |
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1 | "ANSI/IES standards" means the American National Standards | ||||||
2 | Institute and Illuminating Engineering Society's lighting | ||||||
3 | guidelines, also known as the IES Lighting Library Standards | ||||||
4 | Collection. | ||||||
5 | "Correlated color temperature" means the measure of the | ||||||
6 | approximate spectrum of the color of light of an object as | ||||||
7 | perceived by the eye, measured in degrees Kelvin. | ||||||
8 | "Fully shielded" means a luminaire that is constructed in | ||||||
9 | such a manner that all light emitted, either directly from the | ||||||
10 | lamp or indirectly by reflection or refraction from any part | ||||||
11 | of the luminaire, is projected below the horizontal plane | ||||||
12 | aligned with the bottom of the luminaire aperture, where no | ||||||
13 | part of the lamp protrudes outside of the luminaire or shield. | ||||||
14 | "Glare" means light emitted by a luminaire that causes | ||||||
15 | visual discomfort, reduced visibility of objects, or produces | ||||||
16 | momentary blindness. | ||||||
17 | "IES U0 rating" means the luminaire classification system | ||||||
18 | developed by the Illuminating Engineering Society that ranks | ||||||
19 | and defines how many lumens of light a luminaire emits | ||||||
20 | backwards, upwards, and in glare. | ||||||
21 | "Lamp" means the component of a luminaire that produces | ||||||
22 | light. | ||||||
23 | "Light pollution" means the scattering of artificial light | ||||||
24 | into the nighttime environment caused by excessive or | ||||||
25 | improperly positioned artificial outdoor lighting resulting in | ||||||
26 | sky glow, light trespass, or glare. |
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1 | "Light trespass" means light emitted by a luminaire that | ||||||
2 | shines beyond the boundaries of the property the luminaire is | ||||||
3 | intended to illuminate. | ||||||
4 | "Luminaire" means a complete installed or portable | ||||||
5 | illuminating device, including a lamp, together with the parts | ||||||
6 | designed to distribute the light, such as a reflector or | ||||||
7 | refractor, parts to position and protect the lamps, and parts | ||||||
8 | to connect the lamps to a power supply. | ||||||
9 | "Lumen" means a standard unit of measurement of luminous | ||||||
10 | flux. | ||||||
11 | "Lux" means a standard unit of luminous flux expressed in | ||||||
12 | lumens per square meter. | ||||||
13 | "Nadir" means the point on the ground that is directly | ||||||
14 | below the center of a luminaire. | ||||||
15 | "Ornamental lighting" means a luminaire that has a | ||||||
16 | historical or seasonal holiday purpose and that serves a | ||||||
17 | historical or seasonal holiday purpose only. | ||||||
18 | "Outdoor luminaire" means installed or portable outdoor | ||||||
19 | artificial illuminating devices used for flood lighting, | ||||||
20 | roadway and area lighting, general illumination, or | ||||||
21 | advertisement. | ||||||
22 | "Permanent outdoor luminaire" means exterior lighting or a | ||||||
23 | system of lighting that is used in place for 7 or more days. | ||||||
24 | "Reflective roadway markings" means lines and markers with | ||||||
25 | reflective properties intended to promote vehicular and | ||||||
26 | pedestrian safety. |
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1 | "Reflective signage" means roadway and informational | ||||||
2 | signage that has reflective properties to aid with vehicular | ||||||
3 | and pedestrian safety. | ||||||
4 | "Responsible lighting principles" means the use of modern | ||||||
5 | lighting technologies, including shielding, an upper limit on | ||||||
6 | color temperature (2,700 Kelvin), on-off controls, dimming | ||||||
7 | controls, and motion sensors. | ||||||
8 | "Roadway lighting" means permanent outdoor luminaires that | ||||||
9 | are specifically intended to illuminate roadways for safe | ||||||
10 | vehicular and pedestrian traffic. | ||||||
11 | "Sky glow" means the brightening of the night sky due to | ||||||
12 | inefficiently and improperly lit areas.
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13 | Section 15. Outdoor lighting control. All new luminaires | ||||||
14 | purchased with State funds after the effective date of this | ||||||
15 | Act or installed after the effective date of this Act on a | ||||||
16 | structure or land that is owned, leased, or managed by the | ||||||
17 | Department of Natural Resources, including roadways, | ||||||
18 | facilities, properties, nonhabitable structures, monuments, | ||||||
19 | and public right-of-way spaces, including sidewalks, with the | ||||||
20 | intended purpose of outdoor illumination must follow the | ||||||
21 | following outdoor lighting control requirements: | ||||||
22 | (1) Permanent outdoor luminaires must be fully | ||||||
23 | shielded with an IES U0 rating and produce less than 1% of | ||||||
24 | its emitted light above 80 degrees from the downward | ||||||
25 | vertical direction of nadir. Light should not be emitted |
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1 | at an angle above 60 degrees from the downward vertical | ||||||
2 | direction of nadir. | ||||||
3 | (2) Luminaires must avoid light trespass by not | ||||||
4 | exceeding an illuminance of 0.05 lux as measured at ground | ||||||
5 | level both horizontally and vertically at the property | ||||||
6 | boundary. | ||||||
7 | (3) Luminaires must have a correlated color | ||||||
8 | temperature less than or equal to 2,700 Kelvin. In | ||||||
9 | residential areas, dark sky locations, or environmentally | ||||||
10 | sensitive areas, such as State parks and outdoor | ||||||
11 | recreation facilities, correlated color temperature should | ||||||
12 | be no more than 2,200 Kelvin. | ||||||
13 | (4) Outdoor lighting must be minimized to no more than | ||||||
14 | 10% above ANSI/IES standards or United States Department | ||||||
15 | of Transportation recommendations. | ||||||
16 | (5) Facade lighting must be minimized to no more than | ||||||
17 | 10% above ANSI/IES standards, must project downward, and | ||||||
18 | must not violate the light trespass limits in paragraph | ||||||
19 | (2). | ||||||
20 | (6) Light trespass from the interior of a building or | ||||||
21 | structure shall be minimized by lowering window shades | ||||||
22 | after dark or by turning off lighting when not in use. | ||||||
23 | (7) When the installation or replacement of roadway | ||||||
24 | lighting is planned, the appropriate authority must | ||||||
25 | determine whether reflective roadway markings or | ||||||
26 | reflective signage is appropriate and safe for the |
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1 | situation in lieu of outdoor lighting. Reflectorized | ||||||
2 | roadway markings, lines, warning signs, informational | ||||||
3 | signs or other passive means must be used for roadway | ||||||
4 | lighting, except at intersections of 2 or more streets or | ||||||
5 | highways, unless it is determined that adequate safety | ||||||
6 | cannot be achieved by reflective means. | ||||||
7 | (8) No artificial lighting above 0.05 lux, as measured | ||||||
8 | at ground level both horizontally and vertically, may | ||||||
9 | trespass onto land or waterways designated or managed as | ||||||
10 | habitat, reserve, natural area, open space, or wilderness. | ||||||
11 | (b) Whenever possible, existing luminaires on a structure | ||||||
12 | or land that is owned, supported, funded, leased, or managed | ||||||
13 | by the State shall be repositioned or shielded to minimize | ||||||
14 | upward-directed light, glare, and light trespass.
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15 | Section 20. Exceptions. This Act does not apply if: | ||||||
16 | (1) the luminaires are on a structure or land that is | ||||||
17 | owned, supported, funded, leased, or managed by the State | ||||||
18 | in a county or municipality that, by ordinance or | ||||||
19 | resolution, has adopted provisions that are equal to or | ||||||
20 | more stringent than the provisions of this Act; | ||||||
21 | (2) a federal law or regulation preempts this Act; | ||||||
22 | (3) a State agency determines a safety or security | ||||||
23 | need exists that cannot be addressed by any other method; | ||||||
24 | (4) fire, police, rescue, or repair personnel need | ||||||
25 | light for temporary emergencies or road repair work; |
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1 | (5) it has been determined that a reasonable safety | ||||||
2 | and security interest exists at correctional or hospital | ||||||
3 | facilities that cannot be addressed by another method as | ||||||
4 | long as it complies with existing standards, | ||||||
5 | specifications, or policies; | ||||||
6 | (6) navigational lighting systems and other lighting | ||||||
7 | are necessary to comply with Federal Aviation | ||||||
8 | Administration airside operations or nautical safety; | ||||||
9 | (7) lamps greater than 2,700 Kelvin are used on active | ||||||
10 | sports grounds or show grounds, but only for the duration | ||||||
11 | of a practice, match, or event. Lamps emitting greater | ||||||
12 | than 2,700 Kelvin under this paragraph must be positioned, | ||||||
13 | angled, or shielded to prevent direct glare and light | ||||||
14 | trespass onto neighboring property or properties, and the | ||||||
15 | positioning, angling, or shielding must limit upward light | ||||||
16 | emission to only the amount necessary to light the | ||||||
17 | sporting or grounds activity; | ||||||
18 | (8) flagpoles installed after the effective date of | ||||||
19 | this Act are lit by means of a downward-facing lamp and | ||||||
20 | using a lamp of 2,700 Kelvin or lower; | ||||||
21 | (9) flagpoles installed on or before the effective | ||||||
22 | date of this Act are upward-lit by partially shielded or | ||||||
23 | unshielded luminaires using a lamp of 2,200 Kelvin or | ||||||
24 | lower to minimize the impact of glare, light trespass, and | ||||||
25 | sky glow and are converted to conform to requirements upon | ||||||
26 | retrofitting; |
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1 | (10) the luminaries are existing decorative and | ||||||
2 | ornamental lighting that serve historical purposes, but | ||||||
3 | replacement luminaries for the existing decorative and | ||||||
4 | ornamental lighting must meet the standards of this Act; | ||||||
5 | or | ||||||
6 | (11) the luminaries are temporary seasonal holiday | ||||||
7 | lighting lasting no longer than 45 days surrounding the | ||||||
8 | holiday season.
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9 | Section 25. Other laws. If this Act conflicts with any | ||||||
10 | other federal law, State law, or local ordinance controlling | ||||||
11 | lighting, outdoor luminaries, signage, outdoor advertising, | ||||||
12 | displays, or devices that is more stringent than the Act, then | ||||||
13 | the federal law, State law, or local ordinance controls to the | ||||||
14 | extent it is more stringent than the Act.
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