NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.



F I S C A L I M P A C T R E P O R T



SPONSOR: Gubbels DATE TYPED: 03/02/99 HB 39/aHENRC/aHJC
SHORT TITLE: Night Sky Protection Act SB
ANALYST: O'Connell/Woodlee

APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY99 FY2000 FY99 FY2000
NFI NFI



(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates/Conflicts with/Companion to/Relates to



SOURCES OF INFORMATION



LFC files, Regulation and Licensing Department analysis



SUMMARY



Synopsis of House Judiciary Committee



The HJC amendment to House Bill 39 removes the 15 degrees below a horizontal plane provision and the provision of replacement equipment, as explained below in the HENRC amendment.



In addition, the HJC amendment provides that all outdoor lighting fixtures installed after January 1, 2000 be shielded. This amendment also deletes the provision that exempts outdoor lighting fixtures used on land or facilities under the control of the federal government.



Synopsis of House Energy and Natural Resources Committee



The amendment removes the distinction of light rays projected at least 15 degrees below a horizontal plane to state that all rays projected below the horizontal plane running through the lowest point on the fixture where light is emitted be shielded.



The amendment cancels the provision that no replacement equipment or bulbs for mercury vapor lighting shall be sold in the state after January 1, 2001.



The amendment exempts outdoor lighting for worker safety at farms, ranches, dairies, mining, oil and gas facilities.



Finally, the amendment establishes penalties for violations of the Night Sky Act and provides that costs to public utilities caused by the act shall be included in utility rates approved by the Public Regulation Commission.



Synopsis of Bill



House Bill 39 proposes to regulate outdoor night lighting fixtures to preserve and enhance the state's dark sky while promoting safety, conserving energy and preserving the environment for astronomy.



Significant Issues



The bill provides that outdoor lighting fixtures be shielded so that there will be no projection of rays above fifteen degrees below a horizontal plane running through the lowest point on the fixture where light is emitted. The bill exempts incandescent fixtures of 150 watts or less.



House Bill 39 also exempts existing lighting (until replaced), and fixtures extinguished by an automatic shutoff device between 11 p.m. and sunrise.



ADMINISTRATIVE IMPLICATIONS



House Bill 39 directs the Construction Industries Division of the Regulation and Licensing Department (RLD) to renew and amend all building codes necessary to have consistent requirements for the installation of lighting fixtures. According to RLD analysis, this can be achieved through the Electrical Technical Advisory Council.



BOC/sb:njw:prr