HB5119 103RD GENERAL ASSEMBLY

LRB103 35863 AWJ 65948 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5119

Introduced 2/8/2024, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

New Act

Creates the Street Light Energy Conservation Act. Provides that, within 5 years after the effective date of the Act, each street light entity (a unit of local government, a public utility, and the State) exercising control over any street lights in the State shall install or replace each street light in the State, subject to appropriation, as follows: (1) the street light must be installed or replaced using LED technology; (2) the minimum illuminance must be adequate for the intended purpose of the street light and must be used with consideration given to nationally recognized standards; (3) for lighting of the State highway system, installation or replacement applies only if the Department of Transportation determines that the purpose of the street light cannot be achieved by the installation of reflective road markers, lines, warning, informational signs, or other effective passive methods; and (4) installation or replacement shall occur only after full consideration has been given to energy conservation, reducing glare, minimizing light pollution, and preserving the natural night environment. Includes exceptions to the requirement to install or replace each street light in the State with LED technology. Limits the concurrent exercise of home rule powers. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning utilities.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Street Light Energy Conservation Act.

Section 5. Definitions. As used in this Act:

"Energy conservation" means the reduction of energy costs and resources by the use of methods that include, but are not limited to, the use of light fixtures with the lowest feasible wattage or photo-sensitive or timer switch light fixtures.

"LED technology" means a light-emitting diode that is a 2-lead semiconductor light source.

"Public utility" has the meaning given to that term in Section 3-105 of the Public Utilities Act.

"Street light entity" means a unit of local government, a public utility, or the State exercising control over any street lights in the State.

Section 10. Findings. The General Assembly finds that:

(1) Street lights that use light-emitting diode (LED) technology are the most efficient means to light our streets and public spaces because of the LED technology's energy efficiency, using 15% of the energy of an incandescent bulb while generating more light per watt and longevity, with bulbs lasting up to 100,000 hours.

(2) Street lighting can account for as much as 40% of a street light entity's utility bill; however, studies show that street lighting costs can be reduced by as much as 65% when switched to LED street lights and even more if advanced lighting controls are incorporated.

(3) Maintenance costs associated with LED street lights can also contribute to savings because of the LED street lights' longevity and overall diminished maintenance requirements when compared to traditional street lights.

Section 15. Street light LED technology installation or replacement.

(a) Within 5 years of the effective date of this Act, each street light entity in this State shall install or replace each street light in the street light entity's jurisdiction, subject to appropriation by the General Assembly, as follows:

(1) the street light must be installed or replaced using LED technology;

(2) the minimum illuminance must be adequate for the intended purpose of the street light and must be used with consideration given to nationally recognized standards;

(3) for lighting of the State highway system, paragraph (1) applies only if the Department of Transportation determines that the purpose of the street light cannot be achieved by the installation of reflective road markers, lines, warning, informational signs, or other effective passive methods; and

(4) installation or replacement under paragraph (1) shall occur only after full consideration has been given to energy conservation, reducing glare, minimizing light pollution, and preserving the natural night environment.

(b) Subsection (a) does not apply if:

(1) the street light is used on a temporary basis because emergency personnel require additional illumination for emergency procedures;

(2) the street light is used on a temporary basis for nighttime work;

(3) the street light is used for a special event or situation requiring additional illumination that cannot be produced by another method;

(4) a compelling safety interest exists that cannot be addressed by another method;

(5) a federal law supersedes or is inconsistent with the requirements of subsection (a); or

(6) the street light is used on a historic resource, as that term is defined in Section 3 of the Illinois State Agency Historic Resources Preservation Act, or any building, site, or area designated historic by a municipal landmark ordinance or a historic preservation commission.

Section 85. Home rule. A home rule unit may not regulate street lighting in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 99. Effective date. This Act takes effect upon becoming law.