CHAPTER 202

FORMERLY

SENATE BILL NO. 127

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO OUTDOOR LIGHTING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Title 7 of the Delaware Code by inserting therein the following:

“Chapter 71A. Regulation Of Certain Outdoor Lighting

§7101A. Definitions.

In this Chapter:

(1) ‘Cutoff luminaire’ means a luminaire in which 2.5% or less of the lamp lumens are emitted above a horizontal plane through the luminaire’s lowest part and 10% or less of the lamp lumens are emitted at a vertical angle 80 degrees above the luminaire’s lowest point.

(2) ‘Light pollution’ means the night sky glow caused by the scattering of artificial light in the atmosphere.

(3) ‘Luminaire’ means a complete lighting unit, often referred to as a ‘light fixture’. A luminaire consists of the lamp, optical reflector and housing, and electrical components for safely starting and operating the lamp.

(4) ‘Lumen’ means a standard measure of luminous flux representing the quantity of visible light output.

(5) ‘Outdoor lighting fixture’ means any type of fixed or movable lighting equipment that is designed or used for illumination outdoors. The term includes billboard lighting, street lights, searchlights and other lighting used for advertising purposes, and area lighting. The term does not include lighting equipment that is required by law to be installed on motor vehicles or lighting required for the safe operation of aircraft.

(6) ‘State funds’ means:

(A) money appropriated by the legislature; or

(B) bond revenues of the State.

§7102A. Standards For State-Funded Outdoor Lighting Fixtures.

(a) An outdoor lighting fixture may be designed, installed or replaced using state funds only if:

(1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated output of the outdoor lighting fixture is greater than 1,800 lumens;

(2) the minimum illuminance adequate for the intended purpose is used with consideration given to nationally recognized standards;

(3) for lighting of a designated highway of the state highway system, the Department of Transportation determines that the purpose of the outdoor lighting fixture cannot be achieved by the installation of reflective road markers, lines, warning or information signs, or other effective passive methods; and

(4) full consideration has been given to the Department of Transportation’s Traffic Lighting Policy, energy conservation, reducing glare, minimizing light pollution, and preserving the natural night environment.

(b) For purposes of (a)(4) of this section, ‘energy conservation’ means reducing energy costs and resources used and includes using a light with lower wattage or a timer switch.

(c) Subsection (a) of this section does not apply if:

(1) a federal law, rule, or regulation preempts state law;

(2) the outdoor lighting fixture is used on a temporary basis because emergency personnel require additional illumination for emergency procedures;

(3) the outdoor lighting fixture is used on a temporary basis for nighttime work;

(4) special events or situations require additional illumination;

(5) the outdoor lighting fixture is used solely to enhance the aesthetic beauty of an object; or

(6) a compelling safety interest exists that cannot be addressed by another method.

(d) Special events or situations that may require additional illumination include sporting events and illumination of monuments, historic structures, or flags. Illumination for special events or situations must be installed to shield the outdoor lighting fixtures from direct view and to minimize upward lighting and light pollution.”

Section 2. This Act takes effect 6 months after its enactment into law and applies only to an outdoor lighting fixture that is designed, installed, or replaced with state funds on or after that date. An outdoor lighting fixture that is designed, installed, or replaced before that date is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. For purposes of this Section, a fixture is designed when the design process begins.

Section 3. The full consideration to DelDOT’s Traffic Lighting Policy to be given in §7102A(a)(4) of Title 7 shall not be required until the promulgation of that Policy.

Approved July 20, 2005