STATE OF MAINE ACT TO IMPROVE OUTDOOR LIGHTING
 

State of Maine, In the Year of Our Lord Nineteen Hundred and Ninety-one.

H.P. 824 - L.D. 1178; An Act to Improve Outdoor Lighting.

Be it enacted by the People of the State of Maine as follows:

Section 1. MRSA §1768 is enacted to read:

§1768. Outdoor Lighting

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Direct light" means light emitted directly from a lamp off a reflector or through a refractor of a luminaire.

B. "Fixture" means the assembly that holds the lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and a refractor or lens.

C. "Footcandle" means an illuminance equal to one lumen per square foot.

D. "Full cutoff luminaire" means a luminaire that allows no direct light emissions above a horizontal plane through the luminaire's lowest light emitting part.

E. "Glare" means direct light emitting from a luminaire that causes reduced vision or momentary blindness.

F. "Illuminance" means the level of light measured at a surface.

G. "Lamp" means the component of a luminaire that produces the light.

H. "Light trespass" means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.

I. "Lumen" means a unit of measurement of luminous flux.

J. "Luminaire" means the complete lighting system, including the lamp and the fixture.

K. "Permanent outdoor luminaire" means any luminaire or system of luminaires that is outdoors and that is intended to be used for 7 days or longer.

L. "State funds" means any bond revenues or any money appropriated or allocated by the Legislature.

2. Permanent outdoor luminaires. A person may not use any state funds to install or replace any permanent outdoor luminaire unless:

A. The luminaire is a full cutoff luminaire when the rated output of the luminaire is greater than 1,800 lumens;

B. The luminaire's maximum illuminance does not exceed the minimum illuminance recommended for that purpose by the Illuminating Engineering Society of North America or the federal Department of Transportation; and

C. The Director of the Bureau of Public Improvements ensures that consideration is given to minimizing glare and light trespass.

3. Exceptions. Exceptions from the provisions of this section are permitted only when:

A. Federal laws, rules and regulations take precedence over these provisions; or

B. The Director of the Bureau of Public Improvements determines that there is a compelling safety interest that can not be addressed by any other method.

Section 2.23 MRSA §707 is enacted to read:

§707. Highway Lighting

1. Definitions. All definitions in Title 5, Section 1768, Subsection 1 apply in this section. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Commissioner" means the Commissioner of Transportation.

B. "Roadway lighting" means lighting that is specifically intended to illuminate roadways for automobiles but does not mean lighting intended to illuminate roadways only for pedestrian purposes.

2. Permanent outdoor luminaires. A person may not use any state funds to install or replace any permanent outdoor luminaire unless:

A. The luminaire is a full cutoff luminaire when the rated output of the luminaire is greater than 1,800 lumens;

B. The illuminance from a luminaire or a system of luminaires does not exceed the minimum illuminance recommended by the federal Department of Transportation for the purpose;

C. For roadway lighting, the commissioner determines that the purpose of the lighting installation or replacement can not be achieved by any of the following means:

(1) Reduction of the speed limit in the area to be lighted; or

(2) Installation of reflectorized roadway markers, line, warnings or informational signs; and

D. The commissioner ensures that consideration is given to minimizing glare and light trespass.

3. Exceptions. Exceptions from the provisions of this section are permitted only when:

A. Federal laws, rules and regulations take precedence over these provisions; or

B. The commissioner determines that there is a compelling safety interest that can not be addressed by any other method.

Section 3. Rules. By January 1, 1992, the Director of the Bureau of Public Improvements shall adopt rules governing Section 1 of this Act. By January 1, 1992, the Commissioner of Transportation shall adopt rules governing Section 2 of this Act.

[Approved June 21 '91 by Governor. Chapter 481 Public Law]

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