Bill Text - SB307 (2019)

Relative to outdoor lighting.


Revision: Feb. 6, 2019, 6 p.m.

SB 307-FN - AS INTRODUCED

 

 

2019 SESSION

19-1063

06/05

 

SENATE BILL 307-FN

 

AN ACT relative to outdoor lighting.

 

SPONSORS: Sen. Hennessey, Dist 5; Rep. Sykes, Graf. 13

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill requires an agency funding permanent outdoor luminaires to ensure that such luminaires have a certain color correlated temperature.  The bill also requires the public utilities commission to adopt rules enabling the state and its subdivisions to own and operate street lights that comply with specific standards.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-1063

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to outdoor lighting.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  State Purchase of Permanent Outdoor Lighting Design.  Amend RSA 9-E:2, I(c) to read as follows:

(c)  The director of the agency responsible for the funding of such luminaire or having authority over the illuminated infrastructure ensures:

(1)  That consideration is given to minimizing glare and light trespass.

(2)  That such luminaires have a color correlated temperature of 3,000 degrees Kelvin or less when initially installed or replaced in municipalities that have a policy calling for outdoor lighting to have a color correlated temperature of 3,000 degrees Kelvin or less if the community so requests, provided it does not increase the cost to the state in any pre-existing contracts or procurements.

2  New Hampshire Dark Sky Policy.  Amend RSA 9-E:3 to read as follows:

9-E:3  New Hampshire Dark Sky Policy.  

I.  It shall be the policy of the state of New Hampshire to encourage municipalities to enact such local ordinances and regulations as they deem appropriate to conserve energy consumed by outdoor lighting; to minimize light pollution and glare; and to preserve dark skies as a feature of rural character wherever practicable.

II.  To better enable communities to conserve energy consumed by outdoor lighting and carry out dark sky policies, the public utilities commission shall institute proceedings and adopt rules or waivers as it deems necessary to reasonably enable the state, its agencies, subdivisions, and instrumentalities to own and operate outdoor street lights on utility poles under its jurisdiction under RSA 374:34-a, including smart adaptive street lighting with networked lighting controls.  Such controls may incorporate digital revenue grade metering that is certified by the manufacturer as built to comply with ANSI C12.1-2014 of the American National Standard Code for Electricity Metering or ANSI C12.20-2015, except with regard to form factor, including a control system that has been demonstrated to report electricity consumption that in the aggregate is within the accuracy requirements established by ANSI C12.1-2008, ANSI C12.1-20014, ANSI C12.20-2010, or ANSI C12.20-2015, or such successor technical standards as may be adopted by rule of the commission.  As part of such proceedings and rules or waivers the commission shall make reasonable provision for the use of data from such revenue grade meters and control systems for load settlement purposes and any utility billing based on kilowatt hour consumption or kilowatt demand.  Such provisions may be conditioned on providing the electric distribution utility and the commission reasonable access to the control system and metering nodes for meter data verification and audit purposes.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

19-1063

Revised 2/6/19

 

SB 307-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to outdoor lighting.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [ X ] Other - Various Governmental Funds

 

 

 

 

 

METHODOLOGY:

This bill requires an agency funding permanent outdoor luminaires to ensure that such luminaires have a certain color correlated temperature.  The bill also requires the Public Utilities Commission to adopt rules enabling the state and its subdivisions to own and operate street lights that comply with specific standards.

 

The Department of Administrative Services indicates proposed RSA 9-E:2, I(c)(2) which would require outdoor lighting luminaires to be rated at 3,000 degrees Kelvin or less, would not have a significant impact as there is no difference in cost between LED lamps in this temperature range compared to those with higher Kelvin ratings.  Proposed RSA 9-E:3, II would allow the State to take ownership and take over operation and maintenance of its street lighting.  The Department assumes there would be costs associated with purchasing light fixtures and maintaining them and there could be savings in the form of reduced payment to utilities for maintenance and energy consumed.  The Department assumes the State would only pursue owning the fixtures if it were financially in its best interest.  The Department states that outdoor lighting is currently the responsibility of various agencies and a statewide inventory of such lighting would be needed to determine the fiscal impact of this bill across state government.

 

The Department of Transportation states the fiscal impact of the bill cannot be determined, but will not likely be significant.  The Department's current standard is 4000K LEDs the Department does not expect a significant cost difference between the luminaires.  The Department assumes use of these controls will be voluntary and, while they may increase the initial cost of an LED streetlight, they have the potential to reduce operating costs by reducing the amount of electricity use.

 

The Public Utilities Commission is not able to determine the fiscal impact because ownership and operation of outdoor lighting is voluntary which makes any coasts or benefits avoidable; it is not possible to calculate the fiscal impact without knowing the particular system that may be employed; and it is not possible to predict which state agency or subdivision may choose to own and operate its outdoor lighting.  The Commission indicates it has sufficient staff to conduct proceedings and adopt rules.

 

AGENCIES CONTACTED:

Public Utilities Commission, and the Departments of Administrative Services and Transportation