§ 42-136-4. Outdoor lighting control. (a) Permanent outdoor lighting unit installation. The installation of any new or replacement permanent outdoor lighting unit by or for a state agency shall meet the following conditions:

(1) The new or replacement luminare permits are no more than two percent (2%) of the total lumen in the zone of ninety (90) to one hundred eighty (180) degrees vertical angle if the rated output of the lumen is greater than thirty-two hundred (3,200) lumens.

(2) The minimum allowance specified by an applicable recommendation or regulation shall be used. The average minimum allowance adequate for the intended purpose shall be used if no lighting recommendation or regulation is applicable, giving full consideration to energy conservation and glare.

(3) Reflectorized roadway markers, lines, warning signs, informational signs or other passive means shall be utilized for roadway lighting except at intersections of two (2) or more streets or highways unless it is determined that the purpose of the lighting installation or replacement cannot be achieved by these means.

(4) Adequate consideration shall be given to conserving energy and minimizing glare and light pollution.

(b) Exceptions. The following instances shall be exempt from the requirements of subsection (a):

(1) Where federal laws, rules or regulations preempt state regulations.

(2) Where fire, police, rescue or repair personnel need light for temporary emergencies or road repair work.

(3) Where there are special requirements, such as sports facilities, historic decorative considerations or flag lighting. All such lighting shall be selected and installed to shield the lamp or lamps from direct view to the greatest extent possible and to minimize upward lighting and light pollution.

(4) Where there is substantial nighttime pedestrian traffic in an urban area and an engineer experienced in outdoor lighting has deemed it necessary to permit the installation of partially shielded lighting units.

(5) Where it has been determined that a reasonable safety and security interest exists that cannot be addressed by another method without increasing the cost or reducing the effectiveness of the lighting.

History of Section. (P.L. 2002, ch. 420, § 1.)