ADE Director's Communication Memo Form

Memo Number : COM-07-005

Date Created : 07/19/2006


Co-op Directors

Type of Memo: Informational
Response Required: No
Section:   Facilities and Transportation - Douglas Eaton, Director
Act 1963 Shielded Outdoor Lighting

Regulatory Authority:
Act 1963 of 2005 as cod., A.C.A.§§8-14-101 et seq.; A.C.A.§8-14-404 as amended by Act 11 of the First Ext. Ses. of 2006

Contact Person:
Doug Eaton

Phone Number:
501 682-4261


This commissioner’s memo is to inform superintendents and Co-op directors of legislation enacted during the regular session of 2005 and extraordinary session of 2006 regarding shielded lighting on public property within the state of Arkansas.

In the 2005 legislative session Arkansas lawmakers passed the Shielded Outdoor Lighting Act. The law states that after January 1, 2006, no public funds shall be used to install an outdoor lighting fixture unless it is shielded. The act defines a shielded outdoor lighting fixture as a fixture that is covered in 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 of the fixture where light is emitted.

During the most recent Arkansas legislative special session lawmakers amended the Shielded Outdoor Lighting Act with House Bill 1027, which becomes effective July 31, 2006. The amended bill allows a city or county to adopt an ordinance exempting it from the law if it is determined to be cost prohibitive to install shielded lighting fixtures. The law further states that cities and counties may choose to pass an ordinance to “opt out” of the Shielded Lighting Act and resume installing unshielded fixtures anytime after July 31, 2006, but entities such as school districts and state agencies not included in the revisions to the law will be required to install shielded fixtures.

The attention of the superintendents and Co-op directers is directed to both of the acts to ensure compliance in maintenance, repair and construction programs.


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