Testimony by Dr. Lee Altenberg, October 31, 2011 altenber@hawaii.edu

PROPOSED BILL TO AMEND MAUI COUNTY CODE, CHAPTER 20-35: Outdoor Lighting Standards

DESCRIPTION:

1)  Replaces the "Augmented monochromatic lighting" with a new category of light, "Spectrum compliant lighting", that ensures that future lighting technology may be adopted for Class III and IV lighting as long as the color rendition is at least as good as current street lights (high pressure sodium), and has limitations on its spectrum so that it does not destroy astronomy on Maui, and has limited impact on human health and wildlife behavior.  

The blue wavelengths not only blind the telescopes, but they suppress people's nightly cycle of melatonin production which has been discovered since the 2007 passage of Chapter 20-35 to increase cancer rates due to immune system alteration.  The proposed  energy limits are recommended by Institute for Astronomy researchers Dr. Richard Wainscoat and Dr. Joe Ritter.

2)  The language from Chapter 16.13.230, Commercial Signs, that allows complaint-initiated enforcement, is adopted to outdoor lighting.  This will greatly assist the Department of Public Works in enforcing the ordinance.  The text is copied verbatim with "outdoor lighting" substituted for "sign", and with inclusion of the Outdoor Lighting Standards Committee in the process.  Additional language is added for reporting the results to the Committee and the complainant.

The amendments are underlined.

20.35.040 - Definitions.

"Spectrum compliant" means any source of light that is certified by the Illuminating Engineering Society of North America (IESNA) or the University of Hawaii Institute for Astronomy to have a color rendition index that is at least as high as that of high pressure sodium lamps, and to have, as proportions of the total energy of the emitted photons of wavelengths between 380 nanometers and 700 nanometers, no more than ten percent consisting of photons of wavelength less than 550 nanometers, and no more than three and one half percent consisting of photons of wavelength less than 500 nanometers.

20.35.100 - Violation and Penalty.

A. Violations of this chapter shall be subject to section 19.530.030 of this code.

B.  Any person may file a formal written complaint with the director if the complainant believes that outdoor lighting is in violation of this chapter.

1.

The complaint shall include the address where the outdoor lighting is installed, the description of the outdoor lighting and its location, reason(s) why the complainant believes the outdoor lighting is in violation and any other documentation or evidence. The complainant shall also include complainant's name and telephone number, and e-mail address if available. The director shall prescribe forms for this purpose.

2.

The director shall review the information for completeness and inform the complainant of any additional information required to complete the complaint. Copies of the complaint shall be provided to the Committee.  The director shall then investigate the complaint and determine whether or not the outdoor lighting is in violation of this chapter.  Upon finding that there is no violation, or that the violation has been corrected, the director shall submit a written report to the complainant and to the Committee describing how the lighting referred to in the complaint now complies with this chapter.

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20.35.090 - Shielding requirements and usage standards.

Outdoor lighting fixtures shall conform to the following shielding requirements and usage restrictions: