92nd Arkansas General Assembly: Arkansas Nighttime Environment Protection Act/House Bill 1309

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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Representative Stephen Meeks introduced House Bill 1309 which is subtitled:

To Create the Arkansas Nighttime Environment Protection Act (“Act”)

Representative Meeks is from Greenbrier, Arkansas.

The Act would amend the Shielded Outdoor Lighting Act which is found in Arkansas Code Title 8, Chapter 14. The Purpose section of that chapter is amended to read:

. . . The purpose of this chapter is to regulate outdoor night lighting fixtures to promote safety, conserve energy, save tax dollars, and preserve the state’s natural nighttime environment for astronomy and the health and welfare of the state’s citizens and wildlife.

The Definition section of the Act includes terms such as:

  • Direct light
  • Electronic message center
  • Excessive cost
  • Fixture
  • Fully shielded
  • Glare
  • Illuminance
  • Lamp
  • Light pollution
  • Light trespass
  • Lumen
  • Lux
  • Partially shielded
  • Permanent outdoor fixture
  • Public funds

Provisions of the Act include prohibiting state agency, public corporation, county, or municipality from using public funds to:

. . . operate, maintain, install, or cause to be installed a new or replacement permanent outdoor fixture unless certain conditions are met as specified in subsequent subsection.

Additional provisions include requiring the Arkansas Department of Environmental Quality to promulgate rules prohibiting knowingly displacing or disposing of a bulb or tube portion of an electric lighting device containing hazardous levels of mercury in a landfill in certain instances.

The agency also has certain enforcement powers.

Provisions are also added that are applicable to illuminated roadway signage.

A copy of the Act can be found here.

Written by:

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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