(a) As used in this section:
(1) “Fixture” means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens;
(2) “Full cutoff luminaire” means a luminaire that allows no direct light emissions above a horizontal plane through the luminaire's lowest light-emitting part;
(3) “Glare” means direct light emitting from a luminaire that causes reduced vision or momentary blindness;
(4) “Illuminance” means the level of light measured at a surface;
(5) “Lamp” means the component of a luminaire that produces the light;
(6) “Light trespass” means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located;
(7) “Lumen” means a unit of measurement of luminous flux;
(8) “Luminaire” means the complete lighting system, including the lamp and the fixture;
(9) “Municipality” has the same meaning as provided in subsection (a) of section 7-148;
(10) “Municipal funds” means any bond revenue or any money appropriated or allocated by a municipality;
(11) “Municipal road” means any public highway, road, street, avenue, alley, driveway, parkway or place, under the control of a municipality of the state, dedicated, appropriated or opened to public travel;
(12) “Permanent outdoor luminaire” means any luminaire or system of luminaires that is outdoors and intended to be used for seven days or longer;
(13) “State funds” means any bond revenues or any money appropriated or allocated by the General Assembly; and
(14) “State highway” has the same meaning as provided in subsection (a) of section 13a-1.
(b) Except as provided in subsection (c) of this section, no state or municipal funds shall be used to install or replace a permanent outdoor luminaire for roadway lighting unless (1) the luminaire is designed to maximize energy conservation and to minimize light pollution, glare and light trespass, (2) the luminaire's illuminance is equal to the minimum illuminance adequate for the intended purpose of the lighting, (3) for a luminaire with a rated output of more than 1800 lumens used on state secondary highways, as defined in section 13a-14, and state special service highways, as defined in said section 13a-14, such luminaire is a full cutoff luminaire, (4) for a luminaire with a rated output of more than 1800 lumens used on municipal roads, such luminaire is a full cutoff luminaire, (5) for a luminaire with a rated output of more than 1800 lumens used on state primary highways, as defined in said section 13a-14, for which, in the opinion of the Commissioner of Transportation, use of a full cutoff luminaire shall not compromise the safety of the highway, increase the cost of the lighting plan or lighting replacement for the highway or violate any provision of federal law, such luminaire is a full cutoff luminaire, (6) the Commissioner of Transportation determines that the purpose of the lighting installation or replacement of lights on state highways cannot be achieved by reducing the speed limit in the area to be lighted or by installing reflectorized roadway markers, lines, warnings, informational signs or other means of passive or reflective lighting, and (7) the chief elected official of a municipality or such official's designee, determines that for a municipal road the purpose of the lighting installation or replacement cannot be achieved by reducing the speed limit in the area to be lighted or by installing reflectorized roadway markers, lines, warnings, informational signs or other means of passive or reflective lighting.
(c) The Commissioner of Transportation or the commissioner's designee may waive the provisions of subdivision (3) of subsection (b) of this section when, after a request for such a waiver has been made and reviewed, the commissioner or the commissioner's designee determines that such a waiver is necessary for the lighting application. Requests for such a waiver shall be made to the commissioner or the commissioner's designee in such form as the commissioner shall prescribe and shall include, without limitation, a description of the lighting plan, a description of the efforts that have been made to comply with the provisions of subdivision (3) of subsection (b) of this section and the reasons such a waiver is necessary. In reviewing a request for such a waiver, the commissioner shall consider design safety, costs and other factors deemed appropriate by the commissioner.
(d) The chief elected official of a municipality or said official's designee may waive the provisions of subdivision (4) of subsection (b) of this section when, after a request for such a waiver has been made and reviewed, said official or said official's designee determines that such a waiver is necessary for the lighting application. Requests for such a waiver shall be made to said official or said official's designee in such form as said official shall prescribe and shall include, without limitation, a description of the lighting plan, a description of the efforts that have been made to comply with the provisions of subdivision (4) of subsection (b) of this section and the reasons such a waiver is necessary. In reviewing a request for such a waiver, said official shall consider design safety, costs and other factors deemed appropriate by said official.
(e) No public utility company may install or replace a permanent outdoor luminaire for roadway lighting, if the cost of operating such luminaire is paid for by municipal funds, unless (1) the luminaire is designed to maximize energy conservation and to minimize light pollution, glare and light trespass, (2) the luminaire's illuminance is equal to the minimum illuminance adequate for the intended purpose of the lighting, and (3) for a luminaire with a rated output of more than 1800 lumens used on municipal roads, such luminaire is a full cutoff luminaire. The chief elected official of a municipality or said official's designee may waive the provisions of subdivision (3) of this subsection when, after written notice from the public utility company thirty days prior to the installation or replacement of said luminaire, said official or said official's designee determines that a waiver is necessary for the lighting application. Such notice shall be in such form as said official shall prescribe and may include a description of the lighting plan and a description of the efforts that have been made to comply with the provisions of subdivision (3) of this subsection. Said official may consider design safety, costs and other factors deemed appropriate by said official.
(f) The provisions of this section shall not apply to the installation or replacement of luminaires for which the Secretary of the Office of Policy and Management (1) conducts a life-cycle cost analysis of one or more luminaires which meet the requirements set forth in subsection (b) of this section and one or more luminaires which do not meet such requirements, and (2) certifies that a luminaire which meets such requirements is not cost effective and is not the most appropriate alternative based on the life-cycle cost analysis.
(P.A. 95-217, S. 6; P.A. 01-134; P.A. 14-122, S. 18, 101, 102.)
History: P.A. 01-134 amended Subsec. (a) by adding definitions of “municipality”, “municipal funds”, “municipal road” and “state highway” and redesignating existing Subdivs. (9) and (10) as Subdivs. (12) and (13), amended Subsec. (b) by making section applicable to municipal funds, adding Subdiv. (4) re requirements for a luminaire on municipal roads, redesignating existing Subdiv. (4) as Subdiv. (5) and adding provisions as Subdivs. (6) and (7) re determinations by commissioner and chief elected officer of a municipality, amended Subsec. (c) by making technical changes for purposes of gender neutrality, added Subsec. (d) re waiving the provisions of Subsec. (b)(4), added Subsec. (e) re conditions for a public utility company to install or replace a permanent outdoor luminaire for roadway lighting and redesignated existing Subsec. (d) as Subsec. (f); P.A. 14-122 made technical changes in Subsec. (a)(9) and (14) and Subsec. (b).
Structure Connecticut General Statutes
Title 13a - Highways and Bridges
Chapter 238 - Highway Construction and Maintenance
Section 13a-36. - Milestones to be reset.
Section 13a-37. - Determination of boundaries.
Section 13a-38. - Entry on private property to determine boundary.
Section 13a-39. - Selectmen to define bounds of highway.
Section 13a-41. - Bounds of new highways to be marked and recorded.
Section 13a-42. - Taking of roads into state system.
Section 13a-43. - Abandonment of state highway.
Section 13a-44. - Transfer of state highway to town.
Section 13a-45. - Effective date of transfers and abandonments.
Section 13a-46. - Transfers of rights in lands on transfer of roads.
Section 13a-47. - Powers of commissioner unaffected.
Section 13a-48. - Acceptance of highways by municipalities.
Section 13a-49. - Discontinuance of highways or private ways.
Section 13a-50. - Discontinuance of highway by Superior Court.
Section 13a-51. - Discontinued turnpikes remain highways.
Section 13a-52. - No assessed damages collected if unopened highway discontinued.
Section 13a-53. - Discontinuance of highway crossing railroad.
Section 13a-54. - Abandonment of highway for construction of dam.
Section 13a-56. - Relocation to straighten or remove dangerous location.
Section 13a-57. - Layout of state highway.
Section 13a-57a. - Consultation with municipal officers in planning of highway within municipality.
Section 13a-57b. - Areas for bicycles and pedestrians.
Section 13a-57d. - Model pollinator habitat in deforested areas of state highways. Authority.
Section 13a-58. - Public hearing on proposed layout.
Section 13a-58a. - Change of zone of property within limits of laid-out highway prohibited.
Section 13a-60. - Entry upon private property in altering of highways.
Section 13a-60a. - Entry to repair or relocate private driveway.
Section 13a-61. - Layout of highways by selectmen.
Section 13a-62. - Application to Superior Court for relief.
Section 13a-63. - Refusal of selectmen to lay out or alter highway.
Section 13a-64. - Remonstrance. Reestimate of damages and benefits by jury.
Section 13a-65. - When jury's doings conclusive. New jury.
Section 13a-66. - Costs on application for jury.
Section 13a-67. - Committee's accepted report to be recorded. Judgment.
Section 13a-68. - Assessment of benefits limited. Collection.
Section 13a-69. - Proceedings when towns disobey court order.
Section 13a-70. - Bond to construct highway when application pending in court.
Section 13a-71. - Layout by individuals.
Section 13a-72. - Alteration or relocation of highway for dam construction.
Section 13a-74. - Payment of damages.
Section 13a-75. - Determination of value of flood-damaged land.
Section 13a-76. - Reassessment of damages or benefits by judge trial referee or court.
Section 13a-76a. - Additional damages for unreasonable delay in taking.
Section 13a-77. - Costs in appeals from awards in highway cases.
Section 13a-78. - Lien for assessed benefits.
Section 13a-79. - Interest payable ninety days after acceptance of agreement.
Section 13a-79c. - Federal assistance for early acquisition of rights-of-way.
Section 13a-80a. - Disposition of interests on, above or below state highway rights-of-way.
Section 13a-80b. - Order of priorities.
Section 13a-80c. - Limitation.
Section 13a-80d. - Conformation with local zoning regulations and ordinances.
Section 13a-80e. - Tax assessment.
Section 13a-80f. - Acquisition of land or air space.
Section 13a-80g. - Disposition of interest in, above or below municipal highways.
Section 13a-80i. - Mediation of purchase of state property not required for highway purposes.
Section 13a-81a to 13a-81l. - Highway relocation assistance.
Section 13a-82. - Damages or benefits by change of grade of municipal highway. Lien.
Section 13a-83. - Assessment of benefits by municipalities.
Section 13a-84. - Ascertainment of damages or benefits. Remonstrance.
Section 13a-85. - Assessment on private property, when collectible.
Section 13a-86. - Construction of bridges; cost; width.
Section 13a-87. - Maintenance of bridges by commissioner.
Section 13a-88. - Load capacity.
Section 13a-89. - Appeal to commissioner from posted weight restriction.
Section 13a-90. - Bridge over artificial watercourse.
Section 13a-91. - Sidewalks on bridges.
Section 13a-92. - Sidewalks on bridges at Thompsonville and Warehouse Point.
Section 13a-93. - Snow removal from state highways.
Section 13a-94. - Construction over or adjacent to streams.
Section 13a-95. - Submission of bids on state highway construction.
Section 13a-96. - Payment to contractor under highway contract.
Section 13a-97. - Agreement for town maintenance of state highways.
Section 13a-97b. - Adopt a highway program. Regulations.
Section 13a-98. - Authority for additional construction; reimbursement by party requesting.
Section 13a-98a. - Construction of frontage roads.
Section 13a-98b. - Construction of urban arterial streets.
Section 13a-98e. - Acquisition of land and rights-of-way.
Section 13a-98i. - Agreements for acceptances and expenditure of funds.
Section 13a-98j. - Municipal and state responsibility for streets or roads in the urban program.
Section 13a-98k. - Use of program roadways or facilities by utility facilities or utilities.
Section 13a-98l. - Specifications to encourage use of recycled materials in projects.
Section 13a-98m. - Definition.
Section 13a-98n. - Local transportation capital program.
Section 13a-98o. - Use of coal tar sealants on state and local highways. Prohibition. Enforcement.
Section 13a-99. - Towns to build and repair highways and bridges.
Section 13a-99a. - Town roads lying within, intersecting or crossing state highway rights-of-way.
Section 13a-100. - Expense of bridges between towns.
Section 13a-100a. - Maintenance of pedestrian walkways on bridges.
Section 13a-101. - Bridges over artificial watercourses.
Section 13a-102. - Court may direct construction or repair of bridge.
Section 13a-103. - Complaint to court for failure of town to maintain highway.
Section 13a-104. - Proceeding against borough for failure to maintain highway.
Section 13a-105. - Contracts for highway construction.
Section 13a-107. - Selectmen to open highway blocked with snow.
Section 13a-108. - Rural free delivery route to be opened.
Section 13a-109. - Apportionment of cost for work on bridge.
Section 13a-110. - Lighting on bridges, dangerous locations and intersections.
Section 13a-111. - Railings on bridges and highways.
Section 13a-112. - Certain bridges to have draws.
Section 13a-113. - Drawbridges to have gates.
Section 13a-114. - Traffic control during department operations.
Section 13a-115. - Closing highways under construction, maintenance or repair.
Section 13a-116. - Warning signs.
Section 13a-117. - Permit to operate truck between parts of industrial plant.
Section 13a-117b. - Soliciting of business by service car and wrecker businesses.
Section 13a-118. - United States routes to be marked.
Section 13a-119. - Warning and directional signs. Control cities.
Section 13a-120. - Traffic authority to maintain warning signs.
Section 13a-121. - Notice of load capacity; appeal.
Section 13a-122. - Installation of decorations in streets restricted.
Section 13a-123a. - Church signs on state highways.
Section 13a-123b. - Exemption of certain areas.
Section 13a-123c. - Junkyard and scrap metal processing facilities control. Definitions.
Section 13a-123d. - Regulations.
Section 13a-123e. - Certificate of approval.
Section 13a-123g. - Facilities as nuisance. Abatement.
Section 13a-123h. - Provisions of other statutes, ordinances, etc., not abrogated.
Section 13a-123i. - Facilities in industrial area not affected.
Section 13a-123j. - Agreements with Secretary of Commerce.
Section 13a-124. - Unauthorized signs.
Section 13a-124a. - Specific service sign on limited access highways. Regulations.
Section 13a-125. - Removal or destruction of signs.
Section 13a-126c. - Longitudinal use of highway right-of-way by public service facility or company.
Section 13a-127. - Utility lines on certain bridges.
Section 13a-128. - Discontinuance or alteration of highways in watershed.
Section 13a-129. - Court procedure. Estimate of damages. Appeal.
Section 13a-130. - Bridges over railroad tracks.
Section 13a-131. - Alteration of highway made unsafe by railroad occupation.
Section 13a-132. - Alteration of railroad facilities in construction of highway.
Section 13a-133. - Contracts with railroads where tracks to be altered. Advancement of funds.
Section 13a-134. - Location of tracks of street railway.
Section 13a-135. - Taking of street railway rails and ties by commissioner.
Section 13a-136. - Benefits assessed where highway is dike against tides.
Section 13a-137. - Material for repair of highway taken from private land.
Section 13a-138. - Highways may be drained into private lands.
Section 13a-138a. - Limitation on actions for drainage damage.
Section 13a-139. - Clearing untraveled portion of highway.
Section 13a-140. - Removal of trees along state highways. Penalties established by municipalities.
Section 13a-141. - Bridle paths; pedestrian walks; bicycle paths.
Section 13a-141a. - State-wide footpath and bicycle trail plan.
Section 13a-142. - Bridle paths along Merritt Parkway.
Section 13a-142a. - Acquisition of land adjacent to highway for environmental protection purposes.
Section 13a-142b. - Development of linear parks along state highways.
Section 13a-142c. - Authority of Department of Energy and Environmental Protection.
Section 13a-142d. - Route 11 linear park.
Section 13a-143. - Commercial establishments along limited access highways.
Section 13a-143a. - Driveway permits.
Section 13a-143b. - Car-wash installation to correct icy highway conditions.
Section 13a-144. - Damages for injuries sustained on state highways or sidewalks.
Section 13a-145. - Use of closed highway at user's risk.
Section 13a-147. - Detours to be restored.
Section 13a-148. - Damage to municipal highway or bridge in state highway construction.
Section 13a-149. - Damages for injuries by means of defective roads and bridges.
Section 13a-150. - Obligations of towns.
Section 13a-152. - Damages for failure to maintain railing or fence.
Section 13a-153f. - Accomodations and provision of facilities for all users.