§ 8-14-104 — Shielding - Prohibitions - Exemptions

(a) (1) (A) No public funds shall be used to install an outdoor lighting fixture unless it is shielded. (B) Subdivision (a)(1)(A) of this section does not apply to any municipality or county if the governing body of the municipality or county determines by ordinance or to a municipally owned utility if the municipal employee responsible for procurement determines that the cost of acquiring a shielded outdoor lighting fixture will be prohibitive after comparing: (i) The cost of the fixtures; and (ii) The projected energy cost of the operation of the fixtures. (2) The Division of Environmental Quality shall promulgate rules prohibiting any person or entity from knowingly placing or disposing of the bulb or tube portion of an electric lighting device containing hazardous levels of mercury in a landfill if: (A) The electric lighting device contains more than two-tenths milligram per liter (0.2 mg/l) of leachable mercury as measured by the Toxicity Characteristic Leaching Procedure as set out in United States Environmental Protection Agency Test Method 1311; and (B) Adequate facilities exist for the public to properly dispose of the electric lighting device described in subdivision (a)(2)(A) of this section. (3) (A) Each electric public utility shall offer a shielded lighting service option. (B) Each electric public utility shall file an application with the Arkansas Public Service Commission to establish a schedule of rates and charges for the provision of a shielded lighting service option to the utility's customers. (C) The commission shall require each electric public utility to inform its customers of the availability of the shielded lighting service. (b) This chapter does not apply to acquisitions of: (1) Incandescent outdoor lighting fixtures of one hundred fifty watts (150 W) or less or other light sources of seventy watts (70 W) or less; (2) Outdoor lighting fixtures on advertisement signs on interstate or federal primary highways; (3) (A) Outdoor lighting fixtures existing and legally installed before August 12, 2005. (B) However, if an existing outdoor lighting fixture exempted from this chapter under subdivision (b)(3)(A) of this section needs to be replaced, the acquisition of the replacement outdoor lighting fixture shall be subject to the provisions of this chapter; (4) Navigational lighting systems at airports or other lighting necessary for aircraft safety; and (5) Outdoor lighting fixtures that are necessary for worker safety at farms, ranches, dairies, or feedlots or industrial, mining, or oil and gas facilities. (c) This chapter does not apply to outdoor lighting fixtures maintained or installed by: (1) A public school district; (2) A correctional facility; (3) A juvenile detention facility; (4) An adult detention facility; (5) A mental health facility; or (6) A state-supported institution of higher education.

Legislative History

Amended by Act 2019, No. 315,§ 700, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 699, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 46, eff. 7/24/2019. Acts 2005, No. 1963, § 1; 2006 (1st Ex. Sess.), No. 11, § 1; 2007, No. 124, § 1; 2007, No. 452, § 1; 2007, No. 470, § 1.