Regulation of
Outdoor Lighting
State and Local regulations vary widely in scope,
adequacy, effectiveness and enforcement capabilities.
A January 2003 article in the
Notes section of the New England Law Review,
Volume 36:4, "Light
Pollution in the United States" points out these
inadequacies. It is an excellent review of the
literature on the history and effects of light
pollution, as well as common law and statutory law
applications. It ends with a suggestion to compare the
regulation of unwanted light to the Federal Noise
Pollution Act and the Quiet Communities Acts, which
funded public education about noise pollution.
Although our first task is to raise public awareness
about light pollution and how to combat it, the
legislative process can proceed simultaneously starting
with building friendly connections with your local
government. |
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Texas State Codes
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Texas Senate Bill 164 enacted June
2001;
Chapter 240, SubchapterB (do a Boolean search on all
codes on 'Outdoor lighting AND Observatories')
"Miscellaneous Regulatory Authority of Counties".
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Authorizes counties to regulate
outdoor lighting if they contain observatories that have
telescopes of 69 inches or more objective diameter, and
are permanently mounted. Otherwise, Texas counties are
not allowed to do so; only municipalities. This bill
applies exclusively to George Observatory near Houston,
Stephen F. Austin University at Nacogdoches, and within
a 57-mile radius of McDonald Observatory in southwest
Texas.
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Health & Safety Code, Title 5, Subtitle F
(Light Pollution), Chapter 425 Regulation
of Certain Outdoor Lighting. Scroll down to
Chapter 425 and click on the icon either for the PDF
version or the Microsoft Word version . |
This Texas statutory Code from Texas
House Bill 916 passed by the 76th Legislature, effective
September 1, 1999 provides that
all new or replacement state-funded outdoor lighting
must be from cutoff luminaires if the rated output of
the fixtures is greater than 1,800 lumens.
For example, if a
state-funded university installs a new parking lot, the
parking lot lighting
comes under the regulations of this Health and Safety
code. The definition of 'outdoor lighting fixture' in
the code includes a list of fixed or movable lighting
equipment that is designed or used for illumination
outdoors.
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Texas Statute passed by 74th Legislature September 1995;
Chapter 315 "Artificial Lighting" (do a
Boolean search on
all codes on 'Artificial Lighting') Outlines the
responsibilities of and authorizes municipalities, but not
unincorporated areas in counties, to regulate artificial
lighting. |
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Texas builders must abide by the International Energy Code of
the IECC for commercial, and industrial and low/high rise
multi-family residential buildings, and the International
Residential Code for single family construction. These codes
need to be amended to include outdoor lighting standards.
How to Contact Your Legislators
Texas Legislature
US Senate and House
To find your incumbent
The *Effective Outdoor Lighting Council (EOLC) is an Associate Member of
the International Dark-sky Association., and is based in Austin. This
organization, not being an official part of the non-profit I.D.A., can
legally attempt to influence legislation or recommend candidates. With
their assistance, two major bills related to light pollution have been
passed by the State Legislature.
If
you can find a state congressional representative to sponsor additional
light pollution legislation, you may
Contact Us to ask for assistance,
but present it to them as an individual, and not as a member of Texas
IDA.
For instance, three issues
at stake are
(1) the problem of glare and
light trespass from roadway lights
(2) glare and light trespass
from lights in unincorporated areas (counties do not have authority from
the state to regulate outdoor lighting, except as stated above in Texas
Code 240 B, 2001)
(3) Light pollution from
cutoff (partially shielded) roadway lighting. (1999 SB 916 calls for
only 'cutoff' lighting and roadway lighting is not included in the new
Model Lighting Ordinance being developed by IDA.)
Reminder about LOBBYING regulations
We may not do any legislative lobbying in
the name of Texas IDA, (only as individuals)
such as suggesting how legislators should
vote, but must instead act officially as
educators and awareness-raisers. Lobbying on
behalf of I.D.A. or using I.D.A. funds to
influence legislation or elections, is
expressly prohibited by Federal
regulations.
Individual members, however, acting in their
own name and not as a representative of
I.D.A., can lobby. Texas IDA members can
also discuss these issues among themselves,
as long as they are not directly trying to
'influence legislation'.
Members may act in behalf of Texas IDA if
they offer the results of non-partisan study
or research that has broad social or
economic implications, or if they give
technical advice. It's possible for
non-profit organizations to testify or
submit draft legislation if requested in
writing by a governmental body. See
http://www.irs.gov/pub/irs-pdf/p557.pdf
and go to "Attempting to Influence
legislation" on page 45. Check first with
your Texas IDA coordinator before using this
option.
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For information:
"Never doubt that a small
group of dedicated citizens can change the world.
Indeed, it's the only thing that ever does."
Margaret Mead
May 2008
