HB 1803 — An Act providing for management of responsible outdoor night lighting; and imposing duties on the Department of General Services.

PRIOR PRINTER'S NO.

2235 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

18033015 2023THE INTRODUCEDGENERAL BYASSEMBLY PIELLI,OF MADDEN,PENNSYLVANIA HILL-EVANS,HOUSE HOWARD,BILL VENKAT,Session SANCHEZ, MALAGARI, HADDOCK, SHUSTERMAN, GREEN, OTTEN, PROBST, DIAMOND AND BOROWSKI, OCTOBER 31, 2023 REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 31, 2023 AN ACT Providing for management of responsibleNo. outdoor night lighting;

1803 2023 INTRODUCED BY PIELLI, MADDEN, HILL-EVANS, HOWARD, VENKAT, SANCHEZ, MALAGARI, HADDOCK, SHUSTERMAN, GREEN, OTTEN, PROBST, DIAMOND, BOROWSKI, BRENNAN AND TAKAC, OCTOBER 31, 2023 AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 30, 2024 AN ACT Providing for management of responsible outdoor night lighting;

"CONSTRUCTION." THE PROCESS OF BUILDING, ALTERING, <-- REPAIRING, IMPROVING OR DEMOLISHING ANY PUBLIC STRUCTURE OR BUILDING, OR OTHER PUBLIC IMPROVEMENTS OF ANY KIND, TO ANY PUBLIC REAL PROPERTY.

THE TERM DOES NOT INCLUDE THE ROUTINE OPERATION OR MAINTENANCE OF EXISTING STRUCTURES, BUILDINGS OR REAL PROPERTY.

"ENVIRONMENTALLY SENSITIVE AREA." A STATE GAME LAND, STATE <-- FOREST, STATE PARK OR STATE NATURAL HERITAGE AREA.

THE TERM SHALL ALSO INCLUDE AN AREA THAT IS AN EXEMPLARY ECOLOGICAL COMMUNITY THAT WOULD BE EASILY DISTURBED OR DEGRADED BY HUMAN ACTIVITY AND DEVELOPMENT, AS DETERMINED BY THE RELEVANT STATE AGENCY, STATE-AIDED ENTITY OR STATE-RELATED INSTITUTION, IN CONSULTATION WITH THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.

20230HB1803PN3015 - 2 - "Glare." Light emitted by a lighting unit that causes reduced visibility of objects or momentary blindness.

"Lighting unit." A complete artificial illuminating device, installed or portable, including a lamp, together with the parts designed to distribute the light, such as a reflector or 20230HB1803PN2235 - 2 - refractor, parts to position and protect the lamps and parts to connect the lamps to the power supply.

20230HB1803PN3015 - 3 - "Reflective roadway markings." Lines and markers with reflective properties to aid with vehicular and pedestrian safety.

"Roadway lighting." Permanent outdoor lighting units that are specifically intended to illuminate roadways for vehicular 20230HB1803PN2235 - 3 - traffic.

"Wallpack"STATE lights."AGENCY." LightingANY unitsOF thatTHE areFOLLOWING, fixedAS toTHE aTERMS building'sARE exterior,<-- usuallyDEFINED onUNDER a62 wallPA.C.S. that faces outward from a building.

§ 103 (RELATING TO DEFINITIONS):

(1) EXECUTIVE AGENCY.

(2) INDEPENDENT AGENCY.

(3) STATE-AFFILIATED ENTITY.

"STATE-AIDED ENTITY." A POLITICAL SUBDIVISION OR OTHER GOVERNMENTAL UNIT THAT RECEIVES STATE FUNDS DIRECTLY OR INDIRECTLY FOR CONSTRUCTION.

"STATE-RELATED INSTITUTION." THE PENNSYLVANIA STATE UNIVERSITY, THE UNIVERSITY OF PITTSBURGH, LINCOLN UNIVERSITY OR TEMPLE UNIVERSITY.

"Wallpack lights." Lighting units that are fixed to a building's exterior, usually on a wall that faces outward from a 20230HB1803PN3015 - 4 - building.

(a) Restrictions on outdoor lighting units.--State money may <-- not be used to install, replace, maintain or operate permanent outdoor lighting units unless the following conditions are met:

(A) RESTRICTIONS ON OUTDOOR LIGHTING UNITS.--A STATE AGENCY, <-- STATE-RELATED INSTITUTION OR STATE-AIDED ENTITY MAY NOT INSTALL OR REPLACE PERMANENT OUTDOOR LIGHTING UNITS OR LAMPS UNLESS THE FOLLOWING CONDITIONS ARE MET:

(2) Outdoor lighting units are established to avoid light trespass and shall not exceed a luminous flex FLUX of <-- 220 lumens at the property boundary.

In dark sky locations or environmentally sensitive areas such as State parks, CCT 20230HB1803PN2235<-- - 4 - should be no more than 2,200K.

No lighting units shall exceed 20230HB1803PN3015 - 5 - 2,700K.

(5) The use of outdoor lighting must be minimized to <-- only that which is needed for comfort and safety while still maintaining compliance with responsible lighting principles.

(6)(5) TheTHE lightingUSE unitsOF inOUTDOOR locationsLIGHTING thatMUST areBE notMINIMIZED inTO use<-- afterONLY 11THAT p.m.,WHICH includingIS inNEEDED environmentallyFOR sensitiveCOMFORT areasAND suchSAFETY, asAS StateDETERMINED parks,BY shallTHE useSTATE timersAGENCY, setSTATE-RELATED toINSTITUTION turnOR offSTATE-AIDED afterENTITY 11HAVING p.m.JURISDICTION OVER THE PROPERTY, WHILE COMPLYING WITH RESPONSIBLE LIGHTING PRINCIPLES.

orTHE equippedAGENCY withHAVING motionJURISDICTION sensors.OF THE PROPERTY SHALL CONSIDER THE FOLLOWING FOR BUILDINGS, TO THE EXTENT CONSISTENT WITH COMFORT AND SAFETY NEEDS:

(7)(I) LightPLACING trespassLIGHTS fromONLY theAT interiorENTRANCES ofAND aEXITS. building or structure shall be minimized by lowering window shades after sunset or by turning off lighting when not in use.

(8)(II) AtUTILIZING theLOW timeINTENSITY ofFACADE installationLIGHTING orTHAT replacement,ENSURES theTHAT appropriateTHE authorityLIGHT shallPROJECTS determineDOWNWARD whetherAND reflectiveTHAT roadwayNO markingsLIGHTING orSPILLS reflectiveBEYOND signageTHE areFACADE appropriateBEING andLIT. safe for the situation in lieu of outdoor lighting.

(III) TURNING OFF OR DIMMING LIGHTING UNITS BETWEEN 11 P.M.

AND 6 A.M.

(6) The lighting units in locations that are not in use after 11 p.m., including in environmentally sensitive areas such as State parks, shall use timers set to turn off after <-- 11 p.m.

or BE equipped with motion sensors OR MANUAL <-- SWITCHES.

(7) Light trespass from the interior of a building or structure shall be minimized by lowering window shades after 20230HB1803PN3015 - 6 - sunset or by turning off lighting when not in use.

(8) At the time of installation or replacement, the <-- appropriate authority shall determine whether reflective roadway markings or reflective signage are appropriate and safe for the situation in lieu of outdoor lighting.

(b)(8) ReplacementAT ofTHE currentTIME lightingOF units.--INSTALLATION (1)OR AllREPLACEMENT lightingOF units<-- withLIGHTING lampsUNITS greaterFOR thanROADWAYS, 2,700KTHE thatSTATE wereAGENCY, installedSTATE-RELATED priorINSTITUTION toOR theSTATE-AIDED effectiveENTITY dateWITH ofJURISDICTION thisOVER paragraphTHE andROADWAY thatSHALL produceDETERMINE lightWHETHER pollutionREFLECTIVE needROADWAY notMARKINGS beOR 20230HB1803PN2235REFLECTIVE -SIGNAGE 5ARE -APPROPRIATE replacedAND untilSAFE theFOR endTHE ofSITUATION theIN lifeLIEU ofOF theOUTDOOR lampLIGHTING. but shall comply with subsection (c).

REFLECTIVE ROADWAY MARKINGS AND REFLECTIVE SIGNAGE SHALL BE USED UNLESS IT IS DETERMINED BY THE AGENCY HAVING JURISDICTION OVER THE ROADWAY THAT ADEQUATE LIGHTING CANNOT BE ACHIEVED BY REFLECTIVE MEANS.

(9) FOR LIGHTING FIXTURES LOCATED WITHIN THE STATE CAPITOL COMPLEX DETERMINED BY THE CAPITOL PRESERVATION COMMITTEE TO BE HISTORIC IN NATURE, LIGHT BULBS SHALL BE TRANSITIONED TO BULBS OF 1,800K.

THIS PARAGRAPH SHALL NOT APPLY TO THE CAPITOL DOME.