75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2403
House Bill 3367
Sponsored by Representative GREENLICK; Representatives BAILEY,
KOTEK, MAURER, RILEY, SHIELDS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires public electric utility that supplies customer with
outdoor lighting fixtures to provide customer option of using
shielded outdoor lighting fixtures. Creates exceptions.
Prohibits sale or installation of outdoor lighting fixtures
that are mercury vapor lighting fixtures. Makes exception for
reinstallations of existing fixtures. Prohibits use of state
moneys to install or reinstall outdoor lighting fixtures that are
mercury vapor lighting fixtures. Becomes operative 60 days after
effective date of Act.
Requires Director of Department of Consumer and Business
Services to include greatest practicable use of shielded fixtures
for outdoor lighting in new public buildings.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to lighting fixtures; creating new provisions; amending
ORS 455.570; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Outdoor lighting fixture' means an automatically
controlled searchlight, spotlight, floodlight or other device
used for architectural lighting, lighting streets or parking
lots, landscape lighting, billboards or other artificial
illumination or advertising purposes.
(b) 'Shielded' means that a light fixture has a covering that
ensures that direct or indirect light rays emitted from the
fixture are projected below a horizontal plane running through
the lowest light-emitting point of the fixture.
(2) A public utility supplying electricity that provides a
customer with outdoor lighting fixtures shall make the option of
using shielded outdoor lighting fixtures available to the
customer. The utility shall notify a customer to whom the utility
provides outdoor lighting fixtures that a shielded outdoor
lighting fixture option is available through the utility. The
utility shall file an application with the Public Utility
Commission to establish rates and charges for providing the
shielded outdoor lighting fixture option.
(3) Subsection (2) of this section does not require a utility
to reimburse a customer for the cost of a shielded outdoor
lighting fixture installed before the date the utility sends a
notice to the customer under this section, or to provide an
option for a customer to acquire:
(a) Incandescent outdoor lighting fixtures of not more than 150
watts;
(b) Light sources of not more than 70 watts that are not
incandescent lighting fixtures;
(c) Outdoor lighting fixtures on advertising signs on
interstate or federal primary highways;
(d) Navigational lighting systems at airports or other lighting
necessary for aircraft safety; or
(e) Outdoor lighting fixtures necessary for worker safety at
farms, ranches, dairies or feedlots or at industrial, mining, oil
or gas facilities. + }
SECTION 2. { + (1) A public utility that is subject to section
1 of this 2009 Act shall file an initial rate and charge
application as required by section 1 (2) of this 2009 Act on or
before January 1, 2010.
(2) A utility that is subject to section 1 of this 2009 Act
shall give a customer notice of the shielded outdoor lighting
fixture option on or before the later of the date the utility
first begins providing outdoor lighting fixtures to the customer
or 60 days after the rate or charge takes effect. + }
SECTION 3. { + (1) As used in this section:
(a) 'Mercury vapor lighting fixture' means an artificial
illumination device that produces a high-intensity discharge of
light by passing electricity through mercury vapor.
(b) 'Outdoor lighting fixture' has the meaning given that term
in section 1 of this 2009 Act.
(2) A person may not sell an outdoor lighting fixture that is a
mercury vapor lighting fixture.
(3) A person may not install a mercury vapor lighting fixture
outdoors. This subsection does not apply to the reinstallation of
an existing fixture after servicing or repair.
(4) State moneys may not be expended for the installation or
reinstallation of outdoor lighting fixtures that are mercury
vapor lighting fixtures. + }
SECTION 4. { + Section 3 of this 2009 Act becomes operative 60
days after the effective date of this 2009 Act. + }
SECTION 5. ORS 455.570 is amended to read:
455.570. (1) After consultation with the Building Codes
Structures Board and the State Department of Energy, the Director
of the Department of Consumer and Business Services, as provided
in this chapter, shall establish maximum lighting standards for
public buildings constructed on or after July 1, 1978. Such
standards may distinguish between type of design, the uses to
which buildings are put, location, age or any other applicable
classification.
(2) Such standards shall allow for:
(a) Differences in lighting levels within public buildings for
special areas and uses, including but not limited to hospital,
drafting room, and advertising display, and for other areas and
activities requiring special illumination.
(b) The interaction between lighting and heating systems.
(c) Occupational safety and health standards.
{ + (d) The use, for buildings constructed on or after
January 1, 2010, of outdoor lighting fixtures that, to the
greatest practicable extent, are shielded as defined in section 1
of this 2009 Act. For purposes of this paragraph, shielded
outdoor lighting fixtures are not practicable if an alternative
outdoor lighting fixture would be less expensive based upon
fixture cost and the projected energy costs for operating the
fixture. + }
(3) The director may by rule or order exempt from the maximum
lighting standards, new public buildings or portions thereof
that:
(a) Are of insufficient size to warrant maximum lighting
standard regulations;
(b) Should be allowed a specific period of time before
compliance with maximum lighting standards is required;
(c) Are difficult or impractical to regulate based upon
location;
(d) Are not open to the public during normal business hours;
(e) Are impractical to regulate, based upon unique design; or
(f) Would not be benefited by regulation, based upon the
insignificant amount of energy possible to conserve.
(4) Any person subject to ORS 455.560 to 455.580 may apply to
the director for an exemption under this section.
SECTION 6. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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