0001|                           SENATE BILL 893
    |
0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
    |
0003|                            INTRODUCED BY
    |
0004|                            CISCO MCSORLEY
    |
0005|     
    |
0006|     
    |
0007|     
    |
0008|     
    |
0009|                                   
    |
0010|                                AN ACT
    |
0011|     RELATING TO THE ENVIRONMENT; ENACTING THE OUTDOOR LIGHTING
    |
0012|     CONTROL ACT; ESTABLISHING A PENALTY; ENACTING SECTIONS OF THE
    |
0013|     NMSA 1978.
    |
0014|     
    |
0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0016|          Section 1.  SHORT TITLE.--This act may be cited as the
    |
0017|     "Outdoor Lighting Control Act".
    |
0018|          Section 2.  PURPOSE.--The purpose of the Outdoor Lighting
    |
0019|     Control Act is to regulate outdoor night lighting fixtures to
    |
0020|     preserve and enhance the state's dark sky while conserving
    |
0021|     energy and promoting the industry of astronomy.
    |
0022|          Section 3.  DEFINITIONS.--As used in the Outdoor Lighting
    |
0023|     Control Act:
    |
0024|               A.  "fully shielded" means a fixture that is
    |
0025|     shielded in such a manner that light rays emitted by the
    |
0001|     fixture, either directly from the lamp or indirectly from the
    |
0002|     fixture, are projected below a horizontal plane running through
    |
0003|     the lowest point on the fixture where light is emitted;
    |
0004|               B.  "outdoor lighting fixture" means an outdoor
    |
0005|     artificial illuminating device, whether permanent or portable,
    |
0006|     used for illumination or advertisement, including searchlights,
    |
0007|     spotlights or floodlights, whether for parking lot lighting,
    |
0008|     landscape lighting, billboards or street lighting; and
    |
0009|               C.  "partially shielded" means a fixture that is
    |
0010|     shielded in such a manner that the bottom edge of the shield is
    |
0011|     below the plane of the center line of the lamp reducing light
    |
0012|     above the horizontal plane.
    |
0013|          Section 4.  SHIELDING OF OUTDOOR LIGHT FIXTURES.--All
    |
0014|     outdoor lighting fixtures shall be fully or partially shielded,
    |
0015|     except incandescent fixtures of one hundred fifty watts or less
    |
0016|     and other sources of seventy watts or less.  Streetlighting
    |
0017|     fixtures are exempt from this requirement if the shielding is
    |
0018|     not available from the manufacturer.
    |
0019|          Section 5.  NONCONFORMING LIGHT FIXTURES.--
    |
0020|               A.  In addition to other exemptions provided in the
    |
0021|     Outdoor Lighting Control Act, an outdoor lighting fixture not
    |
0022|     meeting these provisions shall be allowed, if the fixture is
    |
0023|     extinguished by an automatic shutoff device between the hours
    |
0024|     of midnight and sunrise.  
    |
0025|               B.  No outdoor recreational facility, whether public
    |
0001|     or private, shall be illuminated after midnight, except to
    |
0002|     conclude any recreational or sporting event or other activity
    |
0003|     conducted, which is in progress prior to midnight at a
    |
0004|     ballpark, outdoor amphitheater, arena or similar facility.
    |
0005|          Section 6.  USE OF MERCURY VAPOR LIGHTING FIXTURES.--
    |
0006|               A.  No new mercury vapor outdoor lighting fixtures
    |
0007|     shall be installed after January 1, 1998.  No replacement
    |
0008|     equipment other than bulbs for mercury vapor lighting fixtures
    |
0009|     shall be sold in the state after January 1, 1999, and the use
    |
0010|     of mercury vapor lighting fixtures is prohibited after January
    |
0011|     1, 2008.
    |
0012|               B.  The provisions of this section shall not apply
    |
0013|     to outdoor lighting systems erected prior to 1950.
    |
0014|          Section 7.  EXEMPTIONS.--
    |
0015|               A.  The following are exempt from the requirements
    |
0016|     of the Outdoor Lighting Control Act:
    |
0017|                    (1)  outdoor lighting fixtures existing and
    |
0018|     legally installed prior to the effective date of the Outdoor
    |
0019|     Lighting Control Act; however, when existing lighting fixtures
    |
0020|     become inoperable, their replacements are subject to all the
    |
0021|     provisions of the Outdoor Lighting Control Act;
    |
0022|                    (2)  outdoor lighting fixtures used on land or 
    |
0023|     facilities under the control of the federal government;
    |
0024|                    (3)  navigational lighting systems at airports;
    |
0025|     and
    |
0001|                    (4)  correctional institutions.
    |
0002|               B.  The provisions of the Outdoor Lighting Control
    |
0003|     Act are cumulative and supplemental and shall not apply within
    |
0004|     any county or municipality that, by ordinance or resolution,
    |
0005|     has adopted provisions restricting light pollution that are
    |
0006|     equal to or more stringent than the provisions of the Outdoor
    |
0007|     Lighting Control Act.
    |
0008|          Section 8.  VIOLATIONS--PENALTY.--Any person, firm or
    |
0009|     corporation violating the provisions of the Outdoor Lighting
    |
0010|     Control Act is guilty of a misdemeanor and shall be sentenced
    |
0011|     pursuant to the provisions of Section 31-19-1 NMSA 1978. 
    |
0012|                              
    |