1999 STATE OF WYOMING 99LSO-0013
SENATE FILE NO. SF0017
Outdoor lighting.
Sponsored by: Senator(s) Case
A BILL
for
1 AN ACT relating to public health and safety; restricting
2 outdoor lighting installed with state funds as specified;
3 authorizing municipalities and counties to restrict outdoor
4 lighting; and providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 35-11-1601 through 35-11-1603 are
9 created to read:
10
11 CHAPTER 16
12 OUTDOOR LIGHTING
13
14 35-11-1601. Definitions.
15
16 (a) As used in this section, unless the context
17 otherwise indicates:
18
Page 1
1 (i) "Commission" means the transportation
2 commission;
3
4 (ii) "Direct light" means light emitted directly
5 from a lamp off a reflector or through a refractor of a
6 luminaire;
7
8 (iii) "Director" means the director of the
9 department of transportation;
10
11 (iv) "Fixture" means the assembly that holds the
12 lamp and may include an assembly housing, a mounting bracket
13 or pole socket, a lamp holder, a ballast, a reflector or
14 mirror and a refractor or lens;
15
16 (v) "Full cutoff luminaire" means a luminaire
17 that allows no direct light emissions above a horizontal
18 plane through the luminaire's lowest light-emitting part;
19
20 (vi) "Glare" means direct light emitting from a
21 luminaire that causes reduced vision or momentary blindness;
22
23 (vii) "Illuminance" means the level of light
24 measured at a surface;
25
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1 (viii) "Lamp" means the component of a luminaire
2 that produces the light;
3
4 (ix) "Light trespass" means light emitted by a
5 luminaire that shines beyond the boundaries of the property
6 on which the luminaire is located;
7
8 (x) "Lumen" means a unit of measurement of
9 luminous flux;
10
11 (xi) "Luminaire" means the complete lighting
12 system, including the lamp and the fixture;
13
14 (xii) "Permanent outdoor luminaire" means any
15 luminaire or system of luminaires that is outdoors and that
16 is intended to be used for seven (7) days or longer;
17
18 (xiii) "Roadway lighting" means lighting that is
19 specifically intended to illuminate roadways for automobiles
20 but does not mean lighting intended to illuminate roadways
21 only for pedestrian purposes;
22
23 (xiv) "State funds" means any money appropriated
24 or allocated by the legislature;
25
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1 (xv) "This act" means W.S. 35-11-1601 through
2 35-11-1603.
3
4 35-11-1602. Permanent outdoor luminaires;
5 restrictions; exceptions.
6
7 (a) Except as otherwise provided in this act, a person
8 shall not use any state funds to install or replace any
9 permanent outdoor luminaire unless:
10
11 (i) The luminaire is a full cutoff luminaire when
12 the rated output of the luminaire is greater than one
13 thousand eight hundred (1,800) lumens;
14
15 (ii) The illuminance from a luminaire or a system
16 of luminaires does not exceed the minimum illuminance
17 recommended for that purpose by the federal department of
18 transportation for the purpose;
19
20 (iii) The commission ensures that consideration
21 is given to minimizing glare and light trespass; and
22
23 (iv) For roadway lighting, the commission
24 determines that the purpose of the lighting installation or
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1 replacement cannot be achieved by any of the following
2 means:
3
4 (A) Reduction of the speed limit in the area
5 to be lighted; or
6
7 (B) Installation of reflectorized roadway
8 markers, lines, warnings or informational signs.
9
10 (b) Exceptions from the provisions of subsection (a)
11 of this section are permitted only when:
12
13 (i) Federal law, rule and regulation take
14 precedence over these provisions; or
15
16 (ii) The commission determines there is a
17 compelling safety interest that cannot be addressed by any
18 other method.
19
20 35-11-1603. Rules.
21
22 The director, with the approval of the commission, shall
23 adopt rules necessary to implement the provisions of this
24 act.
25
Page 5
1 Section 2. W.S. 15-1-103(a) by creating a new
2 paragraph (xlix) and 18-2-101(a) by creating a new paragraph
3 (viii) are amended to read:
4
5 15-1-103. General powers of governing bodies.
6
7 (a) The governing bodies of all cities and towns may:
8
9 (xlix) Adopt ordinances regulating the types,
10 kinds, construction, installation and uses of outdoor
11 electrically powered illuminating devices, lighting
12 practices and systems in order to reduce light pollution and
13 light trespass.
14
15 18-2-101. General powers.
16
17 (a) Each organized county in the state is a body
18 corporate and politic. The powers of the county shall be
19 exercised by a board of county commissioners which may:
20
21 (viii) Adopt resolutions regulating the types,
22 kinds, construction, installation and uses of outdoor
23 electrically powered illuminating devices, lighting
24 practices and systems in order to reduce light pollution and
25 light trespass.
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1
2 Section 3. This act is effective July 1, 1999.
3
4 (END)
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