Report Title:

Light Pollution; Special Management Area

Description:

Prohibits artificial light that directly illuminates the shoreline and ocean waters, subject to limited exceptions for hotels and government agencies. Directs special management area authorities to minimize coastal light pollution. (HB895 CD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

895

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

STATE OF HAWAII

S.D. 2

 

C.D. 1


A BILL FOR AN ACT

 

RELATING TO COASTAL LIGHT POLLUTION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that light pollution in Hawaii's coastal areas and artificial lighting illuminating the shoreline and ocean waters can be disruptive to avian and marine life. Light pollution in these areas has been documented as causing the death of hatching sea turtles, fledgling shearwaters, nocturnal flying sea birds, and migratory birds. Laboratory studies have shown that artificial lights can also harm corals that naturally spawn during a full moon by inducing them to spawn artificially during the dark phase of the moon cycle. In addition, there are reports by fishers that artificial illumination affects the behavior of fish.

The purpose of this Act is to mitigate the adverse impacts of light pollution in coastal areas and artificial lights on the shoreline and ocean waters by prohibiting the positioning of artificial lights in a manner causing direct illumination of the shoreline and ocean waters.

SECTION 2. Chapter 205A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§205A-   Artificial light on shoreline and ocean waters. (a) Artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes is prohibited when the light:

(1) Directly illuminates the shoreline and ocean waters; or

(2) Is directed to travel across property boundaries toward the shoreline and ocean waters.

(b) Subsection (a) shall not apply to:

(1) An outdoor lighting fixture that is located on the grounds of a hotel/hotel-condo as defined in section 486K-1; provided that:

(A) The outdoor lighting fixture is located underwater or is directed downward and illuminates a limited area of no more than thirty feet into the shoreline and ocean waters; or

(B) The outdoor lighting fixture is the only practicable means of ensuring the safety and security of guests, visitors, and employees;

and

(2) Artificial lighting provided by a government agency or its authorized users for government operations, security, public safety, or navigational needs; provided that a government agency or its authorized users shall make reasonable efforts to properly position or shield lights to minimize adverse impacts.

(c) The authority shall adopt rules under chapter 91 setting forth procedures for implementing this section.

§205A-   Prohibitions. (a) No special management area use permit or special management area minor permit shall be granted for structures that allow artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes when the light:

(1) Directly illuminates the shoreline and ocean waters; or

(2) Is directed to travel across property boundaries toward the shoreline and ocean waters.

(b) Subsection (a) shall not apply to special management area use permits for structures with:

(1) An outdoor lighting fixture that is located on the grounds of a hotel/hotel-condo as defined in section 486K-1; provided that:

(A) The outdoor lighting fixture is located underwater or is directed downward and illuminates a limited area of no more than thirty feet into the shoreline and ocean waters; or

(B) The outdoor lighting fixture is the only practicable means of ensuring the safety and security of guests, visitors, and employees;

and

(2) Artificial lighting provided by a government agency or its authorized users for government operations, security, public safety, or navigational needs; provided that a government agency or its authorized users shall make reasonable efforts to properly position or shield lights to minimize adverse impacts.

(c) The authority shall adopt rules under chapter 91 setting forth procedures for implementing this section."

SECTION 3. Section 205A-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Artificial light" or "artificial lighting" means the light emanating from any fixed human-made device.

"Directly illuminate" means to illuminate through the use of a glowing element, lamp, globe, or reflector of an artificial light source.

"Ocean waters" means all waters seaward of the shoreline within the jurisdiction of the State."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.