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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
There are three sets of Texas State Codes
regarding outdoor lighting and outdoor lighting
regulation 1) Transportation
Code, Title 6, Subtitle E, Chapter 315, Subchapter A
(enacted Sept. 1, 1995), 2)
Health and Safety Code, Title 5, Subtitle F, Chapter 425
(enacted Sept. 1, 1999), and
3) Local Government Code, Title 7, Subtitle B,
Chapter 240, Subchapter B (enacted Sept.
1, 1987; amended Sept. 1, 2001 and May 25, 2007).
Click on each Statute
below for a complete version of the enacted text from
the Texas Legislature website:
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Texas Transportation Code, Title 6. Roadways,
Subtitle E. Municipal Streets, Chapter 315.
Artificial Lighting, Subchapter A. General
Provisions (enacted Sept. 1, 1995)
Purpose and authorization:
Authorizes municipalities, but NOT unincorporated
areas in counties, to regulate outdoor lighting.
Regulates the process for how new street lighting is to
be installed using public funds. Contains enforcement
and ownership clauses for the municipality.
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Texas Health and Safety Code, Title 5. Sanitation
and Environmental Quality, Subtitle F. Light
Pollution, Chapter 425. Regulation of Certain
Outdoor Lighting (enacted Sept. 1, 1999)
Purpose and
authorization: This statute provides that all
new or replacement state-funded outdoor lighting must be
from cutoff luminaries 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.
Legislative History:
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=76R&Bill=HB916
Current
Enforcement: In
2007, Texas IDA members petitioned the Texas Higher
Education Coordinating Board (THECB) to enforce this
statue at all state-funded higher education institutions
(including, but not limited to UT Austin, Texas A&M, and
Texas Tech). At that time, the THECB declined our
petition and notified us in writing that this statute
did not fall under their enforcement jurisdiction and that
no further actions on their part were required. Here is
a copy of THECB's written response to our petition:
THECB's Denial Letter to Texas IDA, 4/27/2007.
However, the Board did contact all higher education
institutions in Texas notifying them that they were
required by law to use cutoff outdoor lighting in
keeping with Chapter 425 of the Texas Health and Safety
Code. Here is their letter to Texas higher education
institutions:
THECB's Letter to Higher Education Institutions,
4/27/2007. In addition, the Board provided us
with 14 written responses from various higher education
institutions in Texas after they were notified that they
SHOULD be actively following Chapter 425 even though
THECB would not be enforcing it:
THECB's Survey Results of Petition to Adopt New Rule on
Outdoor Lighting Certification, 4/27/2007. Thus,
while THECB will not enforce this statute, they did at
least notify education institutions that they should be
following it by using cutoff outdoor lighting.
Through
correspondence with the Texas Department of
Transportation (TXDOT), we know that they are actively
following Chapter 425 by using cutoff outdoor lighting
on all new highways and road construction projects as
well as replacing old non-cutoff fixtures with cutoff
ones as they see fit.
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Texas Local Government Code, Title
7. Regulation of Land Use, Structures, Businesses,
and Related Activities, Subtitle B. County
Regulatory Authority, Chapter 240. Miscellaneous
Regulatory Authority of Counties, Subchapter B.
Outdoor Lighting Near Observatories and Military
Installations (enacted Sept. 1, 1987; amended Sept.
1, 2001 and May 25, 2007)
Purpose and authorization: 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.
Legislative History:
(2001 amendment);
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=77R&Bill=HB164.
(2007 amendment);
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB1852.
(2011 proposed amendment);
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB2857.
2007 Amended Section:
HB
1852 of the 2007 Texas Legislative Session amended
Chapter 240, Subchapter B to give Texas counties (who
used to not have this authority) the ability to enact
outdoor lighting restrictions within a 5-mile radius of
a military installation or base. This was specifically
done to allow Bexar County (San Antonio) to enact
outdoor lighting restrictions to protect the Camp Bullis
Army Training Facility from urban encroachment and the
associated light trespass. However, this amendment also
added many exemptions to Chapter 240, Subchapter B,
which were not previously noted. It is unclear at this
point whether the exemptions simply apply to military
installations or to observatories as well.
2011 Amendment
**EFFECTIVE 1/1/12**:
HB 2857 will
require both municipalities and counties within a
57-mile radius of McDonald Observatory to
regulate outdoor lighting at night. In addition, the
enforcement mechanism of Chapter 240, Subchapter B (see
above) will be strengthened. Utility companies are
exempt.
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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
Who Represents
Me in Congress?
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, some 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. The Health and Safety Code
Chapter 245 (#2 above) only requires cutoff fixtures and not full
cutoff.
(4) Rewriting Health and
Safety Code Chapter 245 to add an enforcement agency tasked with
overseeing that state funded entities do in fact use cutoff outdoor
lighting fixtures.
Reminder about LOBBYING regulations
As a result of IDA's filing a special IRS
form in 2009, the lobbying rules that IDA
and Texas IDA must follow are much less
restrictive than in the past. In short,
Texas IDA and its members CAN lobby a
legislative body now using the Texas IDA
name as long as the money spent on the
legislative lobbying is small. If no money
is spent at all, then we are OK and within
the rules. What exactly is meant by small?
Well, you will have to contact the Texas IDA
Coordinator who will be able to assist you
further as there is no simple answer.
Here is the legislative lobbying excerpt
from the
IDA's June, 2010 Lobbying Guidelines to
Texas IDA:
Legislative
The
major change resulting from the Form 5768 IRS filing is for legislative
lobbying. Legislation includes action by a legislative body with
respect to acts, bills, resolutions, or similar items (such as
legislative confirmation of appointive office) or by the public in
referendums, ballot initiatives, constitutional amendments, or similar
procedures. Legislative lobbying covers both direct lobbying
(attempting to influence a member or employee of a legislative body or
any other government employee who may participate in formulating
legislation) and grass roots lobbying (attempting to influence
legislation by affecting opinions of the general public or a segment
thereof).
The
IRS form filed in 2009 permits IDA and affiliated organizations to
engage in legislative lobbying as long as total expenditures do not
exceed certain limits based on IDA’s annual income. These limits are
high enough that, as a practical matter, money spent by IDA Chapters
on legislative lobbying is not likely to be a problem. If you plan
on spending any money, $5 or $500, please let us know. Since you are all
working under the IDA 501 c 3 designation, your spending is cumulative
for the organization.
An
organization may communicate with its members about legislation of
direct interest to the organization; such communications will not count
toward the expenditure limit unless they directly encourage attempts to
influence legislation.
Please note also that
individuals spending their own money and using their own name (without
IDA association) are not subject to any limitations on legislative
lobbying.
- For more
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
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January 2012
Announcements
-
Please Sign a Petition
to Reduce Light Pollution in Houston
Local Activities
- Updates on Dark-Sky Efforts in
Fayette County
-Dark Sky Initiatives in and Around
Blanco
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