Sec. 13a-110a. Highway and roadway lighting designed to maximize energy conservation and minimize light pollution. State and municipal funds.
Sec. 13a-110a. Highway and roadway lighting designed to maximize energy
conservation and minimize light pollution. State and municipal funds. (a) As used
in this section:
(1) "Fixture" means the assembly that holds a lamp and may include an assembly
housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror,
and a refractor or lens;
(2) "Full cutoff luminaire" means a luminaire that allows no direct light emissions
above a horizontal plane through the luminaire's lowest light-emitting part;
(3) "Glare" means direct light emitting from a luminaire that causes reduced vision
or momentary blindness;
(4) "Illuminance" means the level of light measured at a surface;
(5) "Lamp" means the component of a luminaire that produces the light;
(6) "Light trespass" means light emitted by a luminaire that shines beyond the
boundaries of the property on which the luminaire is located;
(7) "Lumen" means a unit of measurement of luminous flux;
(8) "Luminaire" means the complete lighting system, including the lamp and the
fixture;
(9) "Municipality" shall have the same meaning as in subsection (a) of section 7-148;
(10) "Municipal funds" means any bond revenue or any money appropriated or
allocated by a municipality;
(11) "Municipal road" means any public highway, road, street, avenue, alley, driveway, parkway or place, under the control of a municipality of the state, dedicated, appropriated or opened to public travel;
(12) "Permanent outdoor luminaire" means any luminaire or system of luminaires
that is outdoors and intended to be used for seven days or longer;
(13) "State funds" means any bond revenues or any money appropriated or allocated
by the General Assembly; and
(14) "State highway" shall have the same meaning as in subsection (a) of section
13a-1.
(b) Except as provided in subsection (c) of this section, no state or municipal funds
shall be used to install or replace a permanent outdoor luminaire for roadway lighting
unless (1) the luminaire is designed to maximize energy conservation and to minimize
light pollution, glare and light trespass, (2) the luminaire's illuminance is equal to the
minimum illuminance adequate for the intended purpose of the lighting, (3) for a luminaire with a rated output of more than 1800 lumens used on state secondary highways,
as defined in section 13a-14, and state special service highways, as defined in said
section 13a-14, such luminaire is a full cutoff luminaire, (4) for a luminaire with a rated
output of more than 1800 lumens used on municipal roads, such luminaire is a full cutoff
luminare, (5) for a luminaire with a rated output of more than 1800 lumens used on state
primary highways, as defined in said section 13a-14, for which, in the opinion of the
Commissioner of Transportation, use of a full cutoff luminaire shall not compromise
the safety of the highway, increase the cost of the lighting plan or lighting replacement
for the highway or violate any provision of federal law, such luminaire is a full cutoff
luminaire, (6) the Commissioner of Transportation determines that the purpose of the
lighting installation or replacement of lights on state highways cannot be achieved by
reducing the speed limit in the area to be lighted or by installing reflectorized roadway
markers, lines, warnings, informational signs or other means of passive or reflective
lighting, and (7) the chief elected officer of a municipality or such officer's designee,
determines that for a municipal road the purpose of the lighting installation or replacement cannot be achieved by reducing the speed limit in the area to be lighted or by
installing reflectorized roadway markers, lines, warnings, informational signs or other
means of passive or reflective lighting.
(c) The Commissioner of Transportation or the commissioner's designee may waive
the provisions of subdivision (3) of subsection (b) of this section when, after a request
for such a waiver has been made and reviewed, the commissioner or the commissioner's
designee determines that such a waiver is necessary for the lighting application. Requests
for such a waiver shall be made to the commissioner or the commissioner's designee
in such form as the commissioner shall prescribe and shall include, without limitation,
a description of the lighting plan, a description of the efforts that have been made to
comply with the provisions of subdivision (3) of subsection (b) of this section and the
reasons such a waiver is necessary. In reviewing a request for such a waiver, the commissioner shall consider design safety, costs and other factors deemed appropriate by the
commissioner.
(d) The chief elected official of a municipality or said official's designee may waive
the provisions of subdivision (4) of subsection (b) of this section when, after a request
for such a waiver has been made and reviewed, said official or said official's designee
determines that such a waiver is necessary for the lighting application. Requests for
such a waiver shall be made to said official or said official's designee in such form as
said official shall prescribe and shall include, without limitation, a description of the
lighting plan, a description of the efforts that have been made to comply with the provisions of subdivision (4) of subsection (b) of this section and the reasons such a waiver
is necessary. In reviewing a request for such a waiver, said official shall consider design
safety, costs and other factors deemed appropriate by said official.
(e) No public utility company may install or replace a permanent outdoor luminaire
for roadway lighting, if the cost of operating such luminaire is paid for by municipal
funds, unless (1) the luminaire is designed to maximize energy conservation and to
minimize light pollution, glare and light trespass, (2) the luminaire's illuminance is
equal to the minimum illuminance adequate for the intended purpose of the lighting,
and (3) for a luminaire with a rated output of more than 1800 lumens used on municipal
roads, such luminaire is a full cutoff luminaire. The chief elected official of a municipality or said official's designee may waive the provisions of subdivision (3) of this subsection when, after written notice from the public utility company thirty days prior to the
installation or replacement of said luminaire, said official or said official's designee
determines that a waiver is necessary for the lighting application. Such notice shall be
in such form as said official shall prescribe and may include a description of the lighting
plan and a description of the efforts that have been made to comply with the provisions
of subdivision (3) of this subsection. Said official may consider design safety, costs and
other factors deemed appropriate by said official.
(f) The provisions of this section shall not apply to the installation or replacement
of luminaires for which the Secretary of the Office of Policy and Management (1) conducts a life-cycle cost analysis of one or more luminaires which meet the requirements
set forth in subsection (b) of this section and one or more luminaires which do not meet
such requirements, and (2) certifies that a luminaire which meets such requirements is
not cost effective and is not the most appropriate alternative based on the life-cycle cost
analysis.
(P.A. 95-217, S. 6; P.A. 01-134.)
History: P.A. 01-134 amended Subsec. (a) by adding definitions of "municipality", "municipal funds", "municipal
road" and "state highway" and redesignating existing Subdivs. (9) and (10) as Subdivs. (12) and (13), amended Subsec.
(b) by making section applicable to municipal funds, adding Subdiv. (4) re requirements for a luminaire on municipal
roads, redesignating existing Subdiv. (4) as Subdiv. (5) and adding provisions as Subdivs. (6) and (7) re determinations
by commissioner and chief elected officer of a municipality, amended Subsec. (c) by making technical changes for purposes
of gender neutrality, added Subsec. (d) re waiving the provisions of Subsec. (b)(4), added Subsec. (e) re conditions for a
public utility company to install or replace a permanent outdoor luminaire for roadway lighting and redesignated existing
Subsec. (d) as Subsec. (f).