_________ Bill No. _______

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act creating the Montana Outdoor Lighting Act; providing for the administration of the Montana Outdoor Lighting Act; providing rulemaking authority; providing for the transition to compliance with the Montana Outdoor Lighting Act; requiring the department of commerce to establish a council to act in a quasi-judicial manner in resolving disputes; and imposing penalties."

STATEMENT OF INTENT

A statement of intent is required for this bill because [section 14] authorizes the department of commerce to adopt rules to administer the Montana Outdoor Lighting Act. The legislature intends that the rules address, at a minimum:

(1) forms on which application for approval of outdoor lighting may be made;

(2) forms on which application for temporary exemption from the Montana Outdoor Lighting Act may be made;

(3) procedures to be followed in processing applications received under subsections (1) and (2);

(4) procedures to be followed in resolving disputes, including procedures to be followed by the council created in [section 13];

(5) procedures to be followed in negotiating intergovernmental agreements consistent with the Montana Outdoor Lighting Act;

(6) criteria that will be used by the department of commerce to determine if an unincorporated area may be designated as a substantially developed area; and

(7) other rules, consistent with the purpose and intent of the Montana Outdoor Lighting Act, that may be necessary to effectively and efficiently administer the Montana Outdoor Lighting Act.

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1. Short title. [Sections 1 through 16] may be cited as the "Montana Outdoor Lighting Act".

NEW SECTION. Section 2. Purpose. The purpose of [sections 1 through 16] is to provide standards for outdoor lighting so that its use does not unreasonably interfere with astronomical observations. It is the intent of [sections 1 through 16] to encourage, through the regulation of the types, kinds, construction, installation, and uses of outdoor electrically powered illuminating devices, lighting practices and systems that will conserve energy without decreasing safety, utility, security, or productivity while enhancing nighttime enjoyment of property.

NEW SECTION. Section 3. Conformance with applicable laws. All outdoor light fixtures must be installed in conformance with the provisions of this chapter and [sections 1 through 16].

NEW SECTION. Section 4. Approved materials and methods of construction, installation, and operation. (1) The provisions of [sections 1 through 16] are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed by [sections 1 through 16] if the alternate design, material, or method of installation or operation has been approved by the department.

(2) The department may approve a proposed alternate design, material, or method of installation or operation only if the proposed alternate:

(a) provides at least approximate equivalence to the applicable specific requirements of [sections 1 through 16]; and

(b) (i) is otherwise satisfactory and complies with the intent of [sections 1 through 16]; or

(ii) has been designed or approved by a registered professional engineer and the content and function of the proposed alternate promotes the intent of [sections 1 through 16].

NEW SECTION. Section 5. Definitions. (1) As used in [sections 1 through 16] , unless the context clearly requires otherwise, the following definitions apply:

(a) "Area A" means:

(i) the area extending for a distance of 20 miles beyond the corporate boundary of an incorporated municipality and including the entire area within the corporate boundary of the municipality; and

(ii) any area that is unincorporated but is designated as significantly developed by the department.

(b) "Area B" means the area that is outside Area A.

(d) "Installed" means the attachment or assembly of any outdoor light fixture, fixed in place, whether or not the fixture is connected to a power source.

(e) "Outdoor light fixture" means an electrically powered illuminating device whenever used outdoors for illumination or advertisement, any outdoor lighting or reflective surfaces, or any lamps and similar devices, whether permanently installed or portable. Outdoor light fixtures include but are not limited to searchlights, spotlights, or floodlights used for:

(i) illuminating recreational areas, parking lots, billboards or other signs, building overhangs or canopies, or buildings, bridges, or other structures;

(ii) landscape lighting;

(iii) street lighting; or

(iv) product display area lighting.

(2) For the purposes of [sections 1 through 16], whenever used in relation to outdoor light fixtures:

(a) "filtered" means any outdoor light fixture that has a glass (except quartz glass), acrylic, or translucent enclosure of the light source;

(b) "fully shielded" means an outdoor light fixture that is shielded or constructed so that light rays are not emitted by the installed fixture at an angle above the horizontal plane as certified by a photometric test report; and

(c) "partially shielded" means an outdoor light fixture that is shielded or constructed so that no more than 10% of the light rays are emitted by the installed fixture at an angle above the horizontal plane as certified by a photometric test report.

NEW SECTION. Section 6. Shielding. (1) All nonexempt outdoor light fixtures must have shielding as provided in subsection (2).

(2) If the outdoor light fixture is:

(a) low-pressure sodium, the fixture must be partially shielded;

(b) high-pressure sodium, the fixture:

(i) must be fully shielded if used in Area B; and

(ii) is generally prohibited in Area A unless the fixture is used on an arterial street or a collector street that is 100 feet or more in right-of-way width. If used on either type of street, the fixture must be fully shielded.

(i) must be fully shielded if used in Area B; and

(ii) is generally prohibited in Area A unless the fixture is designated by an architect or design engineer as being necessary for color rendering in a particular application. If the fixture is designated as necessary, it must be fully shielded whenever used in Area A.

(d) quartz, the fixture is prohibited in Area A and must be fully shielded if used in Area B. For the purposes of [sections 1 through 16], quartz lamps are not considered to be an incandescent light source.

(e) incandescent and greater than 160 watts, it must be fully shielded; or

(f) incandescent and 160 watts or less, produces a light source of 50 watts or less, or is made of glass tubes filled with neon, argon, or krypton, no shielding is required.

(3) (a) If metal halide is used in an outdoor light fixture as provided in subsection (2)(c) for display purposes, the fixture may not be used after 11 p.m. or after closing hours if closing occurs before 11 p.m.

(b) An outdoor light fixture using a metal halide lamp may be used only if the lamp is installed in an enclosed luminary and is filtered.

NEW SECTION. Section 7. Outdoor advertising signs -- transitional conformance -- certain lighting prohibited. (1) If an outdoor light fixture is used to illuminate an outdoor advertising sign, the fixture must be mounted on the top of the sign structure and must comply with the shielding requirements in [section 6].

(2) An outdoor advertising structure that existed on or before [the effective date of this act] must be brought into conformance with this code by [5 years after the effective date of this act].

(3) The use of an outdoor light fixture for advertising on offsite signs is prohibited in Area B and is prohibited in Area A between the hours of 11 p.m. and sunrise.

NEW SECTION. Section 8. Submission of plans and evidence of compliance -- subdivision plats. (1) An applicant making an application for any permit required by this chapter that is made in connection with proposed work involving outdoor light fixtures shall submit, as part of the application for permit, evidence that the proposed work, when completed, will comply with [sections 1 through 16].

(2) The application must contain but is not limited to the following:

(a) plans indicating the location of the premises and the location on the premises of the outdoor light fixtures;

(b) the type of and a description of all illuminating devices, outdoor light fixtures, lamps, supports, reflectors, and other appurtenant devices;

(c) photometric data, such as that furnished by manufacturers, or similar data that shows the angle of cutoff of light emissions.

(3) (a) With respect to outdoor lighting, the required plans, descriptions, and data must be sufficiently complete and detailed to enable the department to readily determine whether compliance with the requirements of [sections 1 through 16] will be secured.

(b) If the plans, descriptions, and data do not enable a ready determination, the applicant shall submit information requested by the department that will allow the determination of compliance to be made efficiently by the department.

(4) If a subdivision is proposed that will have installed street or other common or public area outdoor lighting, the final plat must contain a statement certifying that the applicable provisions of [sections 1 through 16] will be adhered to.

(5) If an outdoor light fixture or the type of light source used in the fixture initially intended to be installed is changed after a permit has been issued or approval has otherwise been granted, a change request, with adequate information, must be submitted to the department for approval and must be received by the department and approved prior to substitution.

NEW SECTION. Section 9. Prohibitions. The following activities are prohibited by [sections 1 through 16]:

(1) the sale, lease, or purchase, the offer for sale, lease, or purchase, or the installation of any mercury vapor fixture or lamp for use as outdoor lighting;

(2) the installation, the sale, lease, or purchase, or the offering for sale, lease, or purchase of any low-pressure sodium, high-pressure sodium, metal halide, fluorescent, quartz, or incandescent outdoor light fixture or lamp the use of which is prohibited under [section 6 or 7];

(3) except as provided in subsection (4), the use of laser-source light or any similar high-intensity light for outdoor advertising or entertainment, whenever the light is projected above the horizontal plane;

(4) the operation of searchlights for advertising purposes:

(a) in Area A at all times; and

(b) in Area B between 10 p.m. and sunrise;

(5) the use of outdoor light fixtures used as electrical illumination of outdoor advertising on offsite signs:

(a) in Area A at all times; and

(b) in Area B between the hours of 11 p.m. and sunrise.

NEW SECTION. Section 10. Special uses -- limits -- requirements. (1) Any light source permitted by [sections 1 through 16] may be used for the lighting of outdoor recreational facilities, including but not limited to football fields, soccer fields, baseball fields, softball fields, tennis courts, auto race tracks, horseracing tracks, or horse show areas, if all of the following conditions are met:

(a) lighting for parking lots and other areas surrounding the playing field, court, or track must comply with [sections 1 through 16] for lighting within the specific Area A or Area B;

(b) all outdoor light fixtures used for event lighting must be fully shielded or designed or provided with sharp cutoff capability;

(c) all events must be scheduled to complete all activity before 11:50 p.m. or as near to 11:50 p.m. as practical. Under no circumstances may illumination of the recreational facility be permitted after 11:50 p.m., except to conclude a scheduled event that was in progress before 11:50 p.m. and only when circumstances prevented concluding the event before 11:50 p.m.

(2) Any portion of a recreational facility located within 300 feet of a road or street designated as a scenic route may be lighted by using only fixtures approved for use under [sections 1 through 16] for the Area A or Area B within which the recreational facility is located.

(3) Any light source permitted by [sections 1 through 16] may be used for lighting of outdoor display lots, including but not limited to lots used to display automobile sales or rentals, recreational vehicle sales or rentals, or building material sales, if all of the following conditions are met:

(a) lighting for parking lots and other areas surrounding the display lot must comply with [sections 1 through 16] for lighting in the specific Area A or Area B;

(b) all fixtures used for display lighting must be fully shielded or be designed or provided with sharp cutoff capability;

(4) Except as otherwise provided by [sections 1 through 16], any lighting used after midnight may be for security lighting only.

NEW SECTION. Section 11. Temporary exemption. (1) A person may submit a written request to the department for a temporary exemption from [sections 1 through 16].

(2) A request for a temporary exemption must contain the following information:

(a) the specific exemption or exemptions requested;

(b) the types and uses of all outdoor light fixtures involved;

(d) the type and calculated lumens of each lamp;

(e) the total wattage of each lamp and of all lamps combined;

(f) the location of the premises and the proposed location on the premises of each outdoor light fixture;

(g) previous temporary exemptions, if any, granted to the person requesting the exemption, including the address or location of the premises for which the temporary exemptions were previously granted;

(h) the physical size of each outdoor light fixture and the type of shielding provided, if any; and

(i) other data and information as may be required by the department.

(3) The department shall, in writing, within 5 business days after receiving the request, grant, deny, or request additional information for a request for a temporary exemption.

(4) A temporary exemption granted by the department is valid for not more than 30 days from the date of approval by the department. The department may, upon consideration of all the circumstances, renew a temporary exemption for an additional period not to exceed 30 days from the date of renewal.

(5) If the request for temporary exemption is disapproved, the person making the request may appeal as provided in [section 13].

NEW SECTION. Section 12. Other exemptions. (1) Except as provided in [section 8], [section 11], and subsections (2) through (4) of this section, all outdoor light fixtures lawfully installed prior to and operable on [the effective date of this act] are exempt from [sections 1 through 16] until [5 years after the effective date of this act].

(2) (a) Mercury vapor lamps in use for outdoor lighting on [the effective date of this act] may not be used unless they comply with [sections 1 through 16].

(b) Bottom-mounted, outdoor advertising sign lighting may not be used in Area B unless it is in compliance with [sections 1 through 16].

(c) A change in the use of an outdoor light fixture or of a lamp type or the replacement of or structural alteration to an outdoor light fixture may not be made unless it is done in compliance with [sections 1 through 16].

(3) An outdoor light fixture that produces light directly by the combustion of natural gas or another fossil fuel is exempt from [sections 1 through 16].

(4) An outdoor light fixture installed on or in connection with facilities or land owned or operated by the federal government or a federally recognized Indian tribe is exempt from [sections 1 through 16].

(5) Voluntary compliance with the purpose and intent of [sections 1 through 16] in all exempt uses of outdoor lighting is encouraged.

NEW SECTION. Section 13. Council -- appeals. (1) (a) The department shall establish a quasi-judicial council of not fewer than seven persons to mediate disputes between the department and persons aggrieved by the department's administration of [sections 1 through 16].

(b) The council's membership must broadly represent the interests of commerce, education, astronomy, and the public and balance those interests with the purpose and intent of [sections 1 through 16]. The director of the department or the director's designee is a member of the council. The members of the council shall elect one of their members as a presiding officer.

(c) Council members serve for no compensation but are entitled to reimbursement for expenses pursuant to 2-18-501 through 2-18-503.

(2) A person aggrieved by a decision of the department made in the administration of [sections 1 through 16] may appeal the department's interpretation or decision to the council.

(3) (a) The presiding officer of the council shall call and conduct meetings of the council on matters relating to the administration of [sections 1 through 16], including the disposition of appeals.

(b) The council shall notify a person who has made an appeal of:

(i) the date, time, and place at which the council will consider the person's appeal; and

(ii) within 15 days following the council's decision, the decision on the appeal.

(4) A decision made by the council to resolve a dispute between an aggrieved party and the department supersedes a decision by the department.

(5) A decision by the council may be appealed to district court.

NEW SECTION. Section 14. Department authority -- rules. (1) The department may enter into an intergovernmental agreement with the governing body of a political subdivision of this state for the administration of [sections 1 through 16]. If an intergovernmental agreement is reached, the agreement may not impose or allow restrictions that are less stringent than [sections 1 through 16].

(2) The department may promulgate rules for the effective administration of [sections 1 through 16].

NEW SECTION. Section 15. Conflict between laws. Whenever a provision of federal or state law conflicts with a provision of [sections 1 through 16], the most restrictive provision governs unless otherwise specified.

NEW SECTION. Section 16. Violation -- penalty. (1) (a) Violation of any of the provisions of [sections 1 through 16] is punishable by a fine of not less than $50 or more than $500.

(b) Each day during which a violation occurs or continues constitutes a separate violation.

(2) A fine imposed for a violation of [sections 1 through 16] may not be suspended.

NEW SECTION. Section 17. Codification instruction. [Sections 1 through 16] are intended to be codified as an integral part of Title 50, chapter 60, and the provisions of Title 50, chapter 60, apply to [sections 1 through 16].

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