Report Title:

Coastal Zone Management

Description:

Prohibits artificial lighting in all areas along the shoreline, including single-family districts and structures, including single-family districts and structures. Extends the exemption from prohibition of artificial illumination on shoreline and ocean waters to certain kinds of outdoor lighting for any type of structure in any district. (HB2138 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2138

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to coastal zone management.

 

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

SECTION 1. Section 205A-71, Hawaii Revised Statutes, is amended to read as follows:

"[[]§205A-71[]] Artificial light on shoreline and ocean waters. (a) Artificial light from floodlights, uplights, or spotlights used for decorative or aesthetic purposes is prohibited in all areas along the shoreline, including but not limited to single-family districts and structures, when the light:

(1) Directly illuminates the shoreline and ocean waters; or

(2) Is directed to travel across property boundaries toward the shoreline and ocean waters.

(b) Subsection (a) shall not apply to:

[(1) An outdoor lighting fixture that is located on the grounds of a hotel/hotel-condo as defined in section 486K-1; provided that:

(A) The] (1) An outdoor lighting fixture that is located underwater or is directed downward and illuminates a limited area of no more than thirty feet into the shoreline and ocean waters; or

[(B) The] (2) An outdoor lighting fixture that is the only practicable means of ensuring the safety and security of [guests, visitors, and employees;] occupants of the property; and

[(2)] (3) Artificial lighting provided by a government agency or its authorized users for government operations, security, public safety, or navigational needs; provided that a government agency or its authorized users shall make reasonable efforts to properly position or shield lights to minimize adverse impacts.

(c) [The authority] To the extent necessary, each county shall adopt rules under chapter 91 setting forth procedures for implementing this section."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.