Report Title:

Light pollution; Board of Land and Natural Resources

Description:

Authorizes BLNR to prohibit residential properties from shining artificial lights onto adjacent shorelines and nearshore waters of state conservation districts as designated under chapter 183C, HRS, and special management areas as designated under chapter 205A, HRS. (HB1743 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1743

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to light pollution.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that artificial lighting shining on the ocean or illuminating the shoreline and nearshore waters can be disruptive to both avian and marine life. Such artificial lights have been documented to cause the death of hatching sea turtles, fledgling shearwaters, nocturnal flying sea birds and migratory birds. Laboratory studies have shown that artificial lights can also harm corals that naturally spawn during a full moon by inducing them to spawn artificially during the dark phase of the moon cycle. Additionally, there are reports by fishers that such artificial illumination affects the behavior of fish.

This Act requires that all artificial lights affecting the shorelines and nearshore waters of state conservation districts be eliminated or mitigated to a degree that avoids any harm to sea turtles, Newell’s shearwaters, dark-rumped petrels, band-rumped storm petrels, Hawaiian monk seals, or any other marine population threatened or harmed due to artificial lighting from adjacent residential properties.

This Act also seeks to clarify that the board of land and natural resources has jurisdiction over state conservation districts and that the department of land and natural resources may adopt rules and establish guidelines for local government regulations to control artificial lighting for the purpose of protecting marine life and decreasing overall light pollution.

Finally, this Act prohibits structures within the special management area from shining an artificial light source towards or on ocean waters unless such light is authorized for safe ocean navigation.

SECTION 2. Chapter 183C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§183C- Light pollution on ocean waters. The board shall have the power to limit or prohibit the emanation of any light onto ocean waters by adjacent residential properties in coastal areas of the conservation district for purposes including the:

(1) Protection of marine life from the adverse effects of artificial lighting;

(2) Provision of overall improvement of marine habitats degraded by light pollution;

(3) Elimination of the death of marine life caused by artificial lights;

(4) Increase in natural nocturnal behaviors, successful nesting activities, and hatchling production; and

(5) Decrease in overall light pollution to enhance Hawaii’s natural beauty and viewing of the night sky.

The department shall adopt rules under chapter 91 to implement this section.

For the purposes of this section, "light pollution" means lumination from an artificial light source that needlessly spills onto adjacent areas from poorly shielded and improperly installed outdoor lighting fixtures and which may cause disruption to both land and marine ecosystems and impair nighttime visual performance."

SECTION 3. Chapter 205A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§205A- Light pollution on ocean waters. No structures within the special management area shall allow artificial light to be directed toward, or emanate on, ocean waters, unless such light is authorized and required for safe ocean navigation.

§205A- Prohibitions. No special management area use permit or special management area minor permit shall be granted for structures that allow artificial light to be directed toward, or emanate on, ocean waters, unless such light is authorized and required for safe ocean navigation."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.