Dobbins JLUS IMP Public Draft Light Pollution Study | Page 86

1 (a) After January 1, 2006: (1)(A) No public funds shall be used to install an outdoor lighting fixture unless it is 2 3 shielded. (B) The provisions of subdivision (a)(1) of this section shall not apply to a 4 1 (1) A warning for a first offense; and 2 (2) A fine of twenty-five dollars ($25.00) minus the replacement cost for each offending 3 outdoor lighting fixture for a second or subsequent offense or for an offense that continues for thirty (30) 4 calendar days from the date of the warning. 5 municipally owned utility if the municipal employee responsible for procurement determines that the cost 5 6 of acquiring a shielded outdoor lighting fixture will be more expensive than the alternative after 6 8-14-106. Enforcement. 7 comparing: 7 This chapter may be enforced by a town, city, or county of this state by seeking injunctive relief in 8 (i) The cost of the fixtures; and 8 9 (ii) The projected energy cost of the operation of the fixtures; 9 (C) No state funds shall be used for the installation of a shielded or unshielded mercury 10 11 vapor outdoor lighting fixture. (2) The Arkansas Department of Environmental Quality shall promulgate 12 10 11 equal to or more stringent than the provisions of this chapter. regulations prohibiting any person or entity from knowingly placing or disposing of lights containing 13 mercury in a landfill after January 1, 2008. 14 (B) Not later than January 1, 2006, each electric public utility shall file an 16 15 application with the Arkansas Public Service Commission to establish a schedule of rates and charges for 17 18 the provision of a shielded lighting service option to the utility's customers. 18 20 (C) The Arkansas Public Service Commission shall require each electric public utility to inform its customers of the availability of the shielded lighting service. (b) This chapter does not apply to acquisitions of: 21 (3)(A) Outdoor lighting fixtures existing and legally installed before the effective date of this chapter. (B) However, if an existing outdoor lighting fixture exempted from the provisions 27 28 of this chapter under subdivision (b)(3)(A) of this section needs to be replaced, the acquisition of the 29 replacement outdoor lighting fixture shall be subject to the provisions of this chapter; (4) Navigational lighting systems at airports or other lighting necessary for aircraft safety; 30 32 33 21 (2) Outdoor lighting fixtures on advertisement signs on interstate or federal primary highways; 25 31 20 other light sources of seventy watts (70W) or less; 24 26 19 (1) Incandescent outdoor lighting fixtures of one hundred fifty watts (150W) or less or 22 23 /s/ Ledbetter 16 17 19 The provisions of this chapter are cumulative and supplemental and shall not apply within a town, city, or county of this state that by ordinance has adopted provisions restricting light pollution that are 14 (3)(A) Each electric public utility shall offer a shielded lighting service option. 8-14-107. Provisions supplemental. 12 13 15 a court of competent jurisdiction. and (5) Outdoor lighting fixtures that are necessary for worker safety at farms, ranches, dairies, or feedlots or industrial, mining, or oil and gas facilities. 34 35 8-14-105. Penalties. 36 Violations of this chapter are punishable by: Page A- 18 Appendix A: White Paper – Communities Addressing Light Pollution that Affect Nighttime Military Training