By Mr. Marzilli of Arlington, petition (accompanied by bill, House, No. 3332) of J. James Marzilli, Jr., relative to roadway lighting on the Massachusetts Turnpike.  Telecommunications, Utilities and Energy.

The Commonwealth of Massachusetts

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PETITION OF:

J. James Marzilli, Jr.

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In the Year Two Thousand and Seven.

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An Act to reduce light pollution on the Massachusetts Turnpike.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 81A of the General Laws as appearing in the 2002 Official Edition is hereby amended by adding after section 14 the following section:-

Section 14A.  (a) As used in this section, terms shall have the meanings assigned to them in section 37 of chapter 85 of the General Laws.

(b) The lessee, user or occupant of real property of the authority leased, used, or occupied in connection with a business conducted for profit at its expense and at no cost to the Authority, shall retrofit existing permanent outdoor luminaires or install new permanent outdoor luminaires that meet the following conditions:

                (1) The new or replacement luminaire is a full-cutoff luminaire when the rated output of the lamp is greater than one thousand eight hundred (1800) lumens;

                (2) If a lighting recommendation or regulation applies, the minimum illuminance specified by the recommendation or regulation is used;

                (3) If no lighting recommendation or regulation applies, the minimum illuminance adequate for the intended purpose is used with consideration given to recognized standards, including, but not limited to, recommended practices adopted by the illuminating engineering society of North America (IESNA);

                (4) For roadway lighting unassociated with intersections of two or more streets or highways, a determination is made by the Massachusetts turnpike authority that the purpose of the lighting installation or replacement cannot be achieved by installation of reflectorized roadway markers, lines, warnings or informational signs, or other passive means; and

                (5) Adequate consideration has been given to the conservation of energy and to the minimization of glare, light pollution, and light trespass.

The requirements of this section shall not apply in any of the following circumstances, settings or location:

(i) a federal law, rule or regulation preempts state law;

(ii) the outdoor lighting fixture is used on a temporary basis by emergency personnel requiring additional illumination for emergency procedures or used by repair personnel on a temporary basis for road repair;

(iii) special events or situations that may require additional illumination, including, but not limited to, the illumination of historic structures, monuments, or flags; provided, however, that all such illumination shall be selected and installed to shield the lamp used from direct view to the greatest extent possible, and to minimize light pollution and light trespass;

(iv) when a compelling safety interest exists that cannot be addressed by any other method.

(v) the lessee, user, or occupant’s permanent outdoor luminaires currently meet the above conditions.

 (c) The division of energy resources, in consultation with the Massachusetts turnpike authority, shall promulgate regulations to implement and enforce this section.

(d) The lessee, user or occupant shall comply with this section by January 1, 2010.