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     



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 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



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 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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