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Long-debated bill to protect birds from lighting passes

Measure restricts certain outdoor lighting to keep wildlife from getting disoriented

An ‘ua‘u kani, or wedgetailed shearwater, is one of the seabirds that can be disoriented by artificial lighting as they try to use natural sources like the moon to navigate their way to sea. A bill that aims to restrict certain types of outdoor lighting to protect seabirds and other wildlife passed final reading before the council on Monday after months of debate. A. SIDDIQI photo via DLNR

Surviving a late request to be sent back to a Maui County Council committee for a second time, an outdoor lighting bill that was hotly debated for months passed second and final reading on Monday.

The bill authored by Council Member Kelly King intends to protect native Hawaiian seabirds and turtles by restricting certain types of lighting and lighting fixtures.

Taken up on Monday at the council’s recessed meeting from Friday, the measure passed 5-2. King, Council Chairwoman Alice Lee, Council Vice Chairwoman Keani Rawlins-Fernandez and Council Members Mike Molina and Shane Sinenci voted in favor, while Council Members Yuki Lei Sugimura and Tasha Kama voted no. Council Members Tamara Paltin and Gabe Johnson were absent and excused.

Maui County Communications Director Brian Perry said Monday afternoon that Mayor Michael Victorino will review the final version of the bill then determine whether to sign it, let it become law without his signature or veto it. If it becomes law, the bill takes effect July 1, 2023. Compliance will be required three years later.

The bill initially passed the first of two readings before the full council on July 1, but at the request of administration officials, it was returned to the Climate Action, Resilience and Environment Committee that King chairs for more review on July 18.

County attorneys’ concerns included the bill’s impact on outdoor events and having the required lighting filters to comply with the bill, along with lighting for safety. Members of Maui’s sports community, first responders and an engineer in the lighting industry had also voiced concerns about the bill.

But environmentalists have contended that the bill is much needed, and also noted the measure is similar to what is successfully being enforced on Hawaii island. They said native Hawaiian seabirds become disoriented by the artificial lights. The nocturnal birds may circle for hours until they fall from the sky exhausted, putting them at risk of predation by cats, mongoose and other predators and vehicle collisions, King has pointed out. Astronomers have also said certain light may also be damaging for astronomy and wildlife.

Exemptions made in response to the concerns include allowing lighting for sporting events and permitted special events on state Department of Education properties, private school properties, nonprofit organization properties, and county parks and facilities. It also includes exemptions on temporary portable lighting used for emergency services, including public safety, road construction or emergency repair and road crossing.

The new version of the bill passed first reading in September after undergoing committee review again.

On Tuesday, the bill survived a motion by Paltin and seconded by Sugimura to recommit the measure to committee yet again.

Both members cited the testimony by Lahela Aiwohi of the Hawaii Hotel Alliance, who said Monday morning that some hotels may not be in compliance with the current lighting laws on the books and that working groups — which could involve businesses, the community and the hotel industry — are needed to discuss the measure. She said this could help current hotels and businesses comply with the current law and then come up with further solutions.

She said the alliance is not against environmentally conscious rules, but noted the bill’s burden on hotels and even on small businesses within the entertainment industry.

Paltin agreed that working groups were needed and added that passing a bill that has resistance and needs further education will not accomplish the council’s goal.

Sugimura, meanwhile, raised concerns about the impacts to big box and small businesses who may not be aware of the new rules.

But King said “we had plenty of time for input” and noted that the arguments she is hearing now are still the same.

She referred to the new sunscreen law, which gave businesses less than a year to comply, and said that from day one, everyone was compliant.

“We have the ability to comply right now with the lighting that is available,” she said, adding that residents and businesses will have three years to make adjustments.

“We will never get anywhere if we don’t set these goals first,” she said. “It’s a worthy goal that has been discussed to death.”

King noted how the bill has support from local, state, national and international environmental groups and agencies.

“Our unique biodiversity is what makes us appealing to both visitors and to residents alike,” Sinenci said before the final vote. “We are often underestimating the value of a healthy ecosystem and all the benefits that comes with it. Like many other past legislation, change can be difficult at first, but as we’ve seen from our resilient community, people are creative in adapting to that change.”

He added he is “confident” that the visitor industry will “come up with a plan.”

Under the bill, all outdoor lighting fixtures, except for neon, must limit short wavelength content to no more than 2 percent of blue light content. All outdoor lighting fixtures, except for neon, must be down directed with no light shining above the horizontal and also be fully shielded to ensure no light shines over the ocean.

The director of public works must establish and maintain a list of light fixtures that comply with the chapter.

There are also exemptions for nonoceanfront private single-family, duplex, triplex and four-plex residential incandescent light fixtures that are fully shielded or have a lumen output of less than 8,100 lumens for each acre of property that is intended to be illuminated.

During its meeting Friday and Monday, the council also:

• Approved a bill on second and final reading to appropriate $11 million from the Affordable Housing Fund to acquire the Lahaina Crossroads Apartments in hopes of saving housing for residents who were told to vacate the complex earlier this year.

• Voted 8-0, with Johnson excused, to adopt a resolution to approve the development of the Kuikahi Village Workforce Housing Project in Wailuku. The 202-unit, 100-percent workforce project will be located on 14.97 acres on the Waikapu side of Kuikahi Drive and below Wailuku Heights. The council had until Oct. 14 to take action on the fast-tracked project, which still requires other approvals, including a district boundary amendment request that must go before the Maui Planning Commission.

* Melissa Tanji can be reached at mtanji@mauinews.com.

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