Senate Bill 34

SENATE BILL 34

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Elizabeth "Liz" Stefanics and Matthew McQueen

            and Christine Chandler and Peter Wirth

 

 

 

 

AN ACT

RELATING TO THE NIGHT SKY; REVISING THE REQUIREMENTS FOR SHIELDING OUTDOOR LIGHT FIXTURES; ADDING EXEMPTIONS FOR ROADWAY NAVIGATION AND SAFETY SIGNS ON INTERSTATES AND FEDERAL PRIMARY HIGHWAYS AND TEMPORARY OUTDOOR LIGHT FIXTURES NECESSARY FOR CONSTRUCTION, EMERGENCY SERVICES OR FILM OR TELEVISION PRODUCTION; REMOVING THE EXEMPTION FOR OUTDOOR LIGHT FIXTURES WITH AUTOMATIC SHUT-OFF DEVICES AND CERTAIN TYPES OF ADVERTISEMENT SIGNS; REPEALING SECTION 74-12-2 NMSA 1978 (BEING LAWS 1999, CHAPTER 197, SECTION 2).

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 74-12-3 NMSA 1978 (being Laws 1999, Chapter 197, Section 3) is amended to read:

     "74-12-3. DEFINITIONS.--As used in the Night Sky Protection Act:

          A. "fully shielded" means a fixture that is shielded in such a manner that no more than five percent of the total light emitted, either directly or indirectly, is at or above ten degrees below a horizontal plane running through the lowest point on the fixture where light is emitted;

          B. "lumen" means an international standard of measurement that quantifies the amount of light emitted by a light source; and

          [A.] C. "outdoor lighting fixture" means an outdoor artificial illuminating device, whether permanent or portable, used for illumination or advertisement, including searchlights, spotlights and floodlights, whether for architectural lighting, parking lot lighting, landscape lighting, billboards or street lighting [and

          B. shielded" means a fixture that is shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted]."

     SECTION 2. Section 74-12-4 NMSA 1978 (being Laws 1999, Chapter 197, Section 4) is amended to read:

     "74-12-4. SHIELDING OF OUTDOOR LIGHT FIXTURES.--[All outdoor lighting fixtures installed after January 1, 2000 shall be shielded, except incandescent fixtures of one hundred fifty watts or less and other sources of seventy watts or less.]

          A. Except for strings of small lights or temporary holiday lighting, an outdoor lighting fixture installed after July 1, 2025 that is mounted more than four feet above the ground shall be fully shielded and installed and maintained in accordance with the manufacturer's specifications and instructions for use.

          B. An outdoor lighting fixture that is mounted less than four feet above the ground and emits more than one thousand lumens shall not be directed toward the sky."

     SECTION 3. Section 74-12-5 NMSA 1978 (being Laws 1999, Chapter 197, Section 5) is amended to read:

     "74-12-5. [NONCONFORMING] OUTDOOR RECREATIONAL FACILITY LIGHT FIXTURES.--[A. In addition to other exemptions provided in the Night Sky Protection Act, an outdoor lighting fixture not meeting these provisions shall be allowed, if the fixture is extinguished by an automatic shutoff device between the hours of 11:00 p.m. and sunrise.

          B. No] An outdoor recreational facility, whether public or private, shall not be illuminated after 11:00 p.m. except for a national or international tournament or to conclude any recreational or sporting event or other activity conducted, which is in progress prior to 11:00 p.m. at a ballpark, outdoor amphitheater, arena or similar facility."

     SECTION 4. Section 74-12-7 NMSA 1978 (being Laws 1999, Chapter 197, Section 7) is amended to read:

     "74-12-7. EXEMPTIONS.--

          A. The following are exempt from the requirements of the Night Sky Protection Act:

                (1) outdoor lighting fixtures on [advertisement] roadway navigation and safety signs on interstates and federal primary highways;

                (2) outdoor lighting fixtures existing and legally installed prior to [the effective date of the Night Sky Protection Act] July 1, 2025; however, when existing lighting fixtures [become unrepairable] are replaced, their replacements are subject to all the provisions of the Night Sky Protection Act;

                (3) navigational lighting systems at airports and other lighting necessary for aircraft safety; [and]

                (4) outdoor lighting fixtures [that are necessary for worker safety] at farms, ranches, dairies, feedlots or industrial, mining or oil and gas facilities installed prior to January 1, 2027;

                (5) outdoor digital or electronic billboards; and

                (6) temporary outdoor lighting fixtures that are necessary for construction, emergency services or film or television production.

          B. The provisions of the Night Sky Protection Act are cumulative and supplemental and shall not apply within any county or municipality that, by ordinance or resolution, has adopted provisions restricting light pollution that are equal to or more stringent than the provisions of the Night Sky Protection Act."

     SECTION 5. REPEAL.--Section 74-12-2 NMSA 1978 (being Laws 1999, Chapter 197, Section 2) is repealed.

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