Report Title:

Light Pollution; Special Management Area

Description:

Prohibits artificial lights that are positioned toward or directly illuminate the ocean, unless such light is authorized and required for public safety or safe ocean navigation; creates exception for fixtures at hotels/hotel-condos. (SD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

1743

TWENTY-SECOND LEGISLATURE, 2004

H.D. 2

STATE OF HAWAII

S.D. 2


 

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 ocean waters can be disruptive to both avian and marine life. Such artificial lights have been documented as causing 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 within special management areas 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 light pollution from adjacent properties.

This Act prohibits structures within the special management area from allowing artificial light sources to be positioned towards or to directly illuminate the ocean waters unless such light is authorized for public safety or safe ocean navigation.

This Act further provides an exception for certain fixtures of hotels and hotel-condos in these areas.

SECTION 2. Chapter 205A, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§205A-A Light pollution on ocean waters. Within the special management area, no artificial light shall be positioned toward or directly illuminate ocean waters, unless such light is required for public safety or safe ocean navigation.

§205A-B Prohibitions. No special management area use permit or special management area minor permit shall be granted for structures that allow artificial light to be positioned toward or directly illuminate ocean waters, unless such light is authorized and required for public safety or safe ocean navigation.

§205A-C Exceptions. For the purposes of sections 205A-A and 205A-B, the prohibition shall not apply to an outdoor lighting fixture that is located in a hotel/hotel-condo as defined in section 486K-1; provided that the outdoor lighting fixture is located under water or is directed downward and illuminates a limited area of no more than thirty feet into ocean waters."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2004.