Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H4/10/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1956
4
5 By: Representative S. Meeks
6 By: Senator Irvin
7
8 For An Act To Be Entitled
9 AN ACT TO CREATE THE ARKANSAS NIGHTTIME ENVIRONMENT
10 PROTECTION ACT; AND FOR OTHER PURPOSES.
11
12
13 Subtitle
14 TO CREATE THE ARKANSAS NIGHTTIME
15 ENVIRONMENT PROTECTION ACT.
16
17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. Arkansas Code Title 8 is amended to add an additional
20 chapter to read as follows:
21 CHAPTER 16
22 ARKANSAS NIGHTTIME ENVIRONMENT PROTECTION ACT
23
24 8-16-101. Title.
25 This chapter shall be known and may be cited as the "Arkansas Nighttime
26 Environment Protection Act".
27
28 8-16-102. Purpose.
29 The purpose of this chapter is to regulate lighting systems to promote
30 safety, conserve energy, save tax dollars, and preserve the state's natural
31 nighttime environment.
32
33 8-16-103. Legislative findings.
34 The General Assembly finds that:
35 (1) Street lighting that is used excessively and inefficiently
36 is not a cost-effective use of taxpayer money;
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1 (2)(A) Light pollution generated by street lighting systems has
2 been implicated in disruption of the human and animal circadian rhythm and
3 strongly suspected as an etiology of suppressed melatonin production,
4 depressed immune systems, and increases in certain cancer rates, while
5 disability glare poses safety risks, especially for the elderly.
6 (B) The findings set out in subdivision (2)(A) of this
7 section prompted the American Medical Association in June 2009 to adopt a
8 resolution advocating the reduction of light pollution and glare through the
9 use of energy-efficient shielded lighting, and in 2016 the American Medical
10 Association advocated avoiding outdoor lighting with high levels of blue
11 light; and
12 (3) It is in the public interest to set standards for outdoor
13 night lighting fixtures to promote safety, conserve energy, save tax dollars,
14 and preserve the state's natural nighttime environment for the health and
15 welfare of the state's citizens and wildlife.
16
17
18 8-16-104. Definitions.
19 As used in this chapter:
20 (1) "Fixture" means a complete lighting unit with an initial
21 rating of one thousand eight hundred lumens (1,800 lm) or more, including
22 without limitation a light source together with the parts designed to
23 distribute the light, to position and protect the light source, and to
24 connect the light source to the power supply;
25 (2) "Full cutoff" means a fixture that does not allow more than
26 two percent (2%) light emissions, either directly from a light source or
27 indirectly by reflection or refraction from any part of the lighting unit,
28 above a horizontal plane running through the lowest point on the fixture
29 where light is emitted;
30 (3) "Governing body" means an agency director for a state level
31 entity and the legislative body for a county or municipality;
32 (4) "Illuminance" means the level of light measured on an
33 intercepting surface;
34 (5) "Light pollution" means general sky glow caused by the
35 scattering of artificial light in the atmosphere;
36 (6) "Light trespass" means excessive or unreasonable light
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1 emitted by a fixture that shines beyond the boundaries of the property on
2 which the fixture is located; and
3 (7) "Lighting system" means a group of adjoining lighting
4 fixtures that are substantially identical and are used:
5 (A) For street lighting; or
6 (B) On the same property for parking lot or area lighting.
7
8 8-16-105. Regulations for outdoor illumination.
9 A state agency, county, municipality, or investor owned public utility
10 shall not install, or cause to be installed, a new or replacement lighting
11 system unless the following conditions are met:
12 (1) The fixtures making up the lighting system are full cutoff
13 fixtures;
14 (2) The illuminance of a surface does not exceed what is
15 adequate for that purpose under guidelines recommended for that purpose by
16 the Illuminating Engineering Society, as the guidelines existed on January 1,
17 2025, or the minimum illuminance recommendation for that purpose by the
18 United States Department of Transportation, as the minimum illuminance
19 recommendation existed on January 1, 2025;
20 (3) Consideration has been given to minimizing glare, light
21 pollution, and light trespass and to reducing energy use;
22 (4) The color temperature is three thousand kelvin (3,000 K) or
23 less for residential areas and is four thousand kelvin (4,000 K) or less for
24 all other areas unless a recognized standard or practice requires otherwise;
25 and
26 (5) A contractor that is installing a new or replacement
27 lighting system in a residential area that is or will become the
28 responsibility of the city shall use full cutoff fixtures with a color
29 temperature of three thousand kelvin (3,000 K) or less.
30
31 8-16-106. Exemptions.
32 Section 8-16-105 does not apply if:
33 (1) A federal law, rule, or regulation preempts � 8-16-105;
34 (2)(A) There are special lighting requirements, including
35 without limitation:
36 (i) At sports facilities that comport with
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1 recognized lighting practice for such sports facilities as established by the
2 Illuminating Engineering Society;
3 (ii) For historic decorative considerations;
4 (iii) At monuments; and
5 (iv) For decorative lighting on bridges over
6 navigable waterways.
7 (B) However, lighting exempted under subdivision (2)(A) of
8 this section shall be selected and installed to shield the lamp or lamps from
9 direct view to the greatest extent possible and to minimize upward lighting
10 and light trespass;
11 (3) The lighting is for a public or private state correction
12 facility, a detention facility, or a mental health facility; or
13 (4)(A) The governing body determines through an ordinance that a
14 compliant lighting system could not achieve the lighting conditions needed to
15 meet safety concerns without incurring excessive cost.
16 (B) The ordinance shall be in effect only for the current
17 instance of the project and shall include:
18 (i) The specific lighting system and its location;
19 and
20 (ii) A cost or safety justification for the need.
21
22 8-16-107. Authority to recover compliance costs through interim
23 surcharge.
24 (a) Upon a proper filing with the Arkansas Public Service Commission,
25 a public utility is permitted to recover, in a prompt and timely manner, all
26 investments and expenses for compliance with this chapter through an interim
27 surcharge if the investments or expenses:
28 (1) Are not currently being recovered in existing rates;
29 (2) Are reasonably incurred;
30 (3) Were not reasonably known and measurable at a time that
31 allowed for a reasonable opportunity for the inclusion and consideration of
32 the investments or expenses for recovery in the public utility's last general
33 rate case; and
34 (4) Are incurred by the public utility to comply with the
35 requirements of this chapter.
36 (b) The interim surcharge permitted under subsection (a) of this
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1 section is effective until the implementation of new rate schedules in
2 connection with the next general rate filing of the public utility in which
3 the investments or expenses can be included in the public utility's base rate
4 schedule.
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5 04-10-2025 09:26:26 JMB288Every fact on this page links to its source, starting with the official bill record.