Even with changes, attorneys still raise issue with lighting bill
Measure aims to cut light pollution to prevent seabirds from getting disoriented
Even with more changes and exemptions granted, county attorneys still see issues with a bill intended to cut outdoor light pollution and protect native Hawaiian seabirds.
The bill, which has sparked concern from county departments, businesses and some residents but support from conservationists, would require all outdoor lighting fixtures, except for neon, to reduce the amount of visible blue light content from 5 percent to 2 percent, to limit the short wavelengths that are distracting wildlife. It also calls for shielding of outdoor lighting fixtures, except for neon, and that the fixtures be “down directed” with no light shining above the horizontal.
The bill, which was amended at the Maui County Council’s July 1 meeting to allow for more exemptions and more time to comply — in cases such as lighting for emergency services and sporting events — passed first reading and is up for second and final reading on July 15.
But Maui County Communications Director Brian Perry said in an email on Friday, “The Department of the Corporation Counsel has returned the bill, unsigned, citing legal issues discussed during the July 1 Council meeting. The department will follow-up with a formal memorandum.”
Council Member Kelly Takaya King, who introduced the bill, said in an email on Friday that the amendments on July 1 addressed department concerns and she said she “once again” invites comment from the administration.
“I hope the administration will put the political jockeying aside to come together on this common sense, science-based legislation,” King said.
At the last meeting that stretched from the morning of July 1 into the early morning hours of July 2, county attorneys pointed out issues and reasons why they could not sign off on the bill.
This included the fact that other than Hawaii County, no other organization in the country has the same blue light standard, which is a reason why the lights are not widely available. They also noted that Public Works Department officials said they could not enforce the measure or comply and noted that county equipment would need to be forfeited if the bill became law as fixtures will not be compliant. The new law could also affect Public Works permits.
Another issue with the bill is its language. County attorneys pointed to a part of the bill that says if the outdoor lighting hits a wall surface, the surface must be nonreflective, and if it’s painted, it must be with matte paint. But Department of Public Works officials said that even that paint is reflective, according to county attorneys.
At the meeting, in hopes of getting more time to work on the bill, First Deputy Corporation Counsel Richelle Thomson said “We are not trying to put the kibosh on the bill, we just want to help you create a bill that is legally sound. “
On July 1 and in previous meetings, King has said the compliant light fixtures can be bought over the internet and that there are suppliers that already provide compliant fixtures to Hawaii island. King also had the compliant light fixtures with her at the meetings.
Office of Council Services Legislative Attorney James Forrest said he did not see any issues with compliance and noted the exemptions that were made to address issues concerning fire, police and other departments.
On Friday, King said in an email that the bill was first introduced to the council in January and was the subject of three Climate Action, Resilience and Environment Committee meetings in which county administration and departments were invited to provide comment.
King added that she and the committee worked diligently to bring “everyone to the table” for the bill and noted the recent amendments.
According to the amended bill, changes include exempting certain lighting beyond three years if there are no compliant lighting fixtures available that meet industry standards. This includes lighting for emergency services, road construction, lighting for sports and athletic fields on state of Hawaii Department of Education properties, private school properties and county parks and facilities.
King said exemptions are also included for portable lighting for fundraisers, holiday lighting and special events.
She added that the director of Public Works agreed to maintain a list of compliant fixtures for the public’s convenience.
Even bon dance lighting will be exempted from the requirements, King noted at the meeting.
She said Friday that the bill “reflects the latest science on limiting light pollution for the protection of wildlife and dark skies.”
“Experts working on the frontline of seabird conservation on Maui, astronomers studying our dark night sky, cultural practitioners, and environmental advocacy organizations have all contributed countless volunteer hours to craft the bill as it is currently written,” King said.
* Melissa Tanji can be reached at mtanji@mauinews.com.