Sen. Laura Ellman

Filed: 3/13/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3501

2    AMENDMENT NO. ______. Amend Senate Bill 3501 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Responsible Outdoor Lighting Control Act.
 
6    Section 5. Findings. The General Assembly finds that:
7        (1) Article XI of the Illinois Constitution states the
8    public policy of the State and the duty of each person is
9    to provide and maintain a healthful environment for the
10    benefit of this and future generations and that the
11    General Assembly shall provide by law for the
12    implementation and enforcement of this policy.
13        (2) The House of Representatives has resolved in House
14    Resolution 884 of the 96th General Assembly to (i) express
15    its support for improved night preservation practices in
16    Illinois, (ii) encourage State agencies to adopt suitable

 

 

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1    outdoor lighting practices based on the principles of
2    applying artificial light only where it is needed, when it
3    is needed, and to only the levels needed using the best
4    safety and energy-efficient standards available, and (iii)
5    encourage the Illinois Sustainable Technology Center of
6    the University of Illinois to provide artificial outdoor
7    illumination engineering assistance to State agencies,
8    municipalities, and businesses that seek to implement
9    responsible outdoor lighting to conserve and preserve the
10    important natural phenomenon of night.
11        (3) The Senate has resolved in Senate Resolution 65 of
12    the 103rd General Assembly that local governments in
13    Illinois should abide by the International Dark-Sky
14    Association (now known as Dark Sky International)
15    guidelines and lighting principles to help mitigate the
16    effects of light pollution produced by outdoor lighting.
17        (4) The State should promote responsible outdoor
18    lighting.
19        (5) Government structures, facilities, places, and
20    spaces should serve as models of best practices for
21    private structures, facilities, places, and spaces. These
22    government structures, facilities, places, and spaces
23    should encourage residents, business owners, and others to
24    join in transitioning to responsible lighting.
 
25    Section 10. Definitions. As used in this Act:

 

 

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1    "ANSI/IES standards" means the American National Standards
2Institute and Illuminating Engineering Society's lighting
3guidelines, also known as the IES Lighting Library Standards
4Collection.
5    "Correlated color temperature" means the measure of the
6approximate spectrum of the color of light of an object as
7perceived by the eye, measured in degrees Kelvin.
8    "Fully shielded" means a luminaire that is constructed in
9such a manner that all light emitted, either directly from the
10lamp or indirectly by reflection or refraction from any part
11of the luminaire, is projected below the horizontal plane
12aligned with the bottom of the luminaire aperture, where no
13part of the lamp protrudes outside of the luminaire or shield.
14    "Glare" means light emitted by a luminaire that causes
15visual discomfort, reduced visibility of objects, or produces
16momentary blindness.
17    "IES U0 rating" means the luminaire classification system
18developed by the Illuminating Engineering Society that ranks
19and defines how many lumens of light a luminaire emits
20backwards, upwards, and in glare.
21    "Lamp" means the component of a luminaire that produces
22light.
23    "Light pollution" means the scattering of artificial light
24into the nighttime environment caused by excessive or
25improperly positioned artificial outdoor lighting resulting in
26sky glow, light trespass, or glare.

 

 

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1    "Light trespass" means light emitted by a luminaire that
2shines beyond the boundaries of the property the luminaire is
3intended to illuminate.
4    "Luminaire" means a complete installed or portable
5illuminating device, including a lamp, together with the parts
6designed to distribute the light, such as a reflector or
7refractor, parts to position and protect the lamps, and parts
8to connect the lamps to a power supply.
9    "Lumen" means a standard unit of measurement of luminous
10flux.
11    "Lux" means a standard unit of luminous flux expressed in
12lumens per square meter.
13    "Nadir" means the point on the ground that is directly
14below the center of a luminaire.
15    "Ornamental lighting" means a luminaire that has a
16historical or seasonal holiday purpose and that serves a
17historical or seasonal holiday purpose only.
18    "Outdoor luminaire" means installed or portable outdoor
19artificial illuminating devices used for flood lighting,
20roadway and area lighting, general illumination, or
21advertisement.
22    "Permanent outdoor luminaire" means exterior lighting or a
23system of lighting that is used in place for 7 or more days.
24    "Reflective roadway markings" means lines and markers with
25reflective properties intended to promote vehicular and
26pedestrian safety.

 

 

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1    "Reflective signage" means roadway and informational
2signage that has reflective properties to aid with vehicular
3and pedestrian safety.
4    "Responsible lighting principles" means the use of modern
5lighting technologies, including shielding, an upper limit on
6color temperature (2,700 Kelvin), on-off controls, dimming
7controls, and motion sensors.
8    "Roadway lighting" means permanent outdoor luminaires that
9are specifically intended to illuminate roadways for safe
10vehicular and pedestrian traffic.
11    "Sky glow" means the brightening of the night sky due to
12inefficiently and improperly lit areas.
 
13    Section 15. Outdoor lighting control. All new luminaires
14purchased with State funds after the effective date of this
15Act or installed after the effective date of this Act on a
16structure or land that is owned, leased, or managed by the
17Department of Natural Resources, including roadways,
18facilities, properties, nonhabitable structures, monuments,
19and public right-of-way spaces, including sidewalks, with the
20intended purpose of outdoor illumination must follow the
21following outdoor lighting control requirements:
22        (1) Permanent outdoor luminaires must be fully
23    shielded with an IES U0 rating and produce less than 1% of
24    its emitted light above 80 degrees from the downward
25    vertical direction of nadir. Light should not be emitted

 

 

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1    at an angle above 60 degrees from the downward vertical
2    direction of nadir.
3        (2) Luminaires must avoid light trespass by not
4    exceeding an illuminance of 0.05 lux as measured at ground
5    level both horizontally and vertically at the property
6    boundary.
7        (3) Luminaires must have a correlated color
8    temperature less than or equal to 2,700 Kelvin. In
9    residential areas, dark sky locations, or environmentally
10    sensitive areas, such as State parks and outdoor
11    recreation facilities, correlated color temperature should
12    be no more than 2,200 Kelvin.
13        (4) Outdoor lighting must be minimized to no more than
14    10% above ANSI/IES standards or United States Department
15    of Transportation recommendations.
16        (5) Facade lighting must be minimized to no more than
17    10% above ANSI/IES standards, must project downward, and
18    must not violate the light trespass limits in paragraph
19    (2).
20        (6) Light trespass from the interior of a building or
21    structure shall be minimized by lowering window shades
22    after dark or by turning off lighting when not in use.
23        (7) When the installation or replacement of roadway
24    lighting is planned, the appropriate authority must
25    determine whether reflective roadway markings or
26    reflective signage is appropriate and safe for the

 

 

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1    situation in lieu of outdoor lighting. Reflectorized
2    roadway markings, lines, warning signs, informational
3    signs or other passive means must be used for roadway
4    lighting, except at intersections of 2 or more streets or
5    highways, unless it is determined that adequate safety
6    cannot be achieved by reflective means.
7        (8) No artificial lighting above 0.05 lux, as measured
8    at ground level both horizontally and vertically, may
9    trespass onto land or waterways designated or managed as
10    habitat, reserve, natural area, open space, or wilderness.
11    (b) Whenever possible, existing luminaires on a structure
12or land that is owned, supported, funded, leased, or managed
13by the State shall be repositioned or shielded to minimize
14upward-directed light, glare, and light trespass.
 
15    Section 20. Exceptions. This Act does not apply if:
16        (1) the luminaires are on a structure or land that is
17    owned, supported, funded, leased, or managed by the State
18    in a county or municipality that, by ordinance or
19    resolution, has adopted provisions that are equal to or
20    more stringent than the provisions of this Act;
21        (2) a federal law or regulation preempts this Act;
22        (3) a State agency determines a safety or security
23    need exists that cannot be addressed by any other method;
24        (4) fire, police, rescue, or repair personnel need
25    light for temporary emergencies or road repair work;

 

 

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1        (5) it has been determined that a reasonable safety
2    and security interest exists at correctional or hospital
3    facilities that cannot be addressed by another method as
4    long as it complies with existing standards,
5    specifications, or policies;
6        (6) navigational lighting systems and other lighting
7    are necessary to comply with Federal Aviation
8    Administration airside operations or nautical safety;
9        (7) lamps greater than 2,700 Kelvin are used on active
10    sports grounds or show grounds, but only for the duration
11    of a practice, match, or event. Lamps emitting greater
12    than 2,700 Kelvin under this paragraph must be positioned,
13    angled, or shielded to prevent direct glare and light
14    trespass onto neighboring property or properties, and the
15    positioning, angling, or shielding must limit upward light
16    emission to only the amount necessary to light the
17    sporting or grounds activity;
18        (8) flagpoles installed after the effective date of
19    this Act are lit by means of a downward-facing lamp and
20    using a lamp of 2,700 Kelvin or lower;
21        (9) flagpoles installed on or before the effective
22    date of this Act are upward-lit by partially shielded or
23    unshielded luminaires using a lamp of 2,200 Kelvin or
24    lower to minimize the impact of glare, light trespass, and
25    sky glow and are converted to conform to requirements upon
26    retrofitting;

 

 

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1        (10) the luminaries are existing decorative and
2    ornamental lighting that serve historical purposes, but
3    replacement luminaries for the existing decorative and
4    ornamental lighting must meet the standards of this Act;
5    or
6        (11) the luminaries are temporary seasonal holiday
7    lighting lasting no longer than 45 days surrounding the
8    holiday season.
 
9    Section 25. Other laws. If this Act conflicts with any
10other federal law, State law, or local ordinance controlling
11lighting, outdoor luminaries, signage, outdoor advertising,
12displays, or devices that is more stringent than the Act, then
13the federal law, State law, or local ordinance controls to the
14extent it is more stringent than the Act.
 
15    Section 99. Effective date. This Act takes effect January
161, 2025.".