1. 1. Definitions All definitions in Title 5, section 1769, subsection 1 apply in this section. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

   1. A. "Commissioner" means the Commissioner of Transportation.

      [PL 1991, c. 481, §2 (NEW).]

   2. B. "Roadway lighting" means lighting that is specifically intended to illuminate roadways for automobiles but does not mean lighting intended to illuminate roadways only for pedestrian purposes.

      [PL 1991, c. 481, §2 (NEW).]

   [RR 1995, c. 1, §12 (COR).]

2. 2. Permanent outdoor luminaires A person may not use any state funds to install or replace any permanent outdoor luminaire unless:

   1. A. The luminaire is a full cutoff luminaire when the rated output of the luminaire is greater than 1,800 lumens;

      [PL 1991, c. 481, §2 (NEW).]

   2. B. The illuminance from a luminaire or a system of luminaires does not exceed the minimum illuminance recommended by the federal Department of Transportation for that purpose;

      [PL 1991, c. 481, §2 (NEW).]

   3. C. For roadway lighting, the commissioner determines that the purpose of the lighting installation or replacement can not be achieved by any of the following means:

      1. (1) Reduction of the speed limit in the area to be lighted; or

      2. (2) Installation of reflectorized roadway markers, lines, warnings or informational signs; and

         [PL 1991, c. 481, §2 (NEW).]

   4. D. The commissioner ensures that consideration is given to minimizing glare and light trespass.

      [PL 1991, c. 481, §2 (NEW).]

   [PL 1991, c. 481, §2 (NEW).]

3. 3. Exceptions Exceptions from the provisions of this section are permitted only when:

   1. A. Federal laws, rules and regulations take precedence over these provisions;

      [PL 2005, c. 482, §1 (AMD).]

   2. B. The commissioner determines that there is a compelling safety interest that can not be addressed by any other method; or

      [PL 2005, c. 482, §1 (AMD).]

   3. C. The commissioner determines that a lighting installation is related to a department bridge project of state and regional significance and is supported by municipalities directly affected by the installation.

      [PL 2005, c. 482, §1 (NEW).]

   [PL 2005, c. 482, §1 (AMD).]

RR 1991, c. 1, §31 (RNU). PL 1991, c. 481, §2 (NEW). RR 1995, c. 1, §12 (COR). PL 2005, c. 482, §1 (AMD).