Report Title:

Coastal Zone Management

Description:

Expressly prohibits artificial lighting in all areas of the shoreline, including single-family districts and structures.

HOUSE OF REPRESENTATIVES

H.B. NO.

2138

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to coastal zone management.

 

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

SECTION 1. Section 205A-71, Hawaii Revised Statutes, is amended to read as follows:

"[[]§205A-71[]] 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) Anything to the contrary notwithstanding, the prohibition in this section shall apply to all areas along the shoreline, including but not limited to single-family districts and structures.

[(c) The authority] (d) To the extent necessary, each county shall adopt rules under chapter 91 setting forth procedures for implementing this section."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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