Advocates for dark skies urge updates to law in new age of light pollution

Lawmakers are being urged to update New Mexico law in wake of new technology

Members of a group that monitors light pollution in New Mexico urged state legislators this week to update a law intended to keep nighttime skies pulsing with stars.

“The darkness keeps shrinking more and more,” Peter Lipscomb, vice chair of New Mexico DarkSky, told the Legislature’s interim Courts, Corrections and Justice Committee on Wednesday as legislators discussed possible updates to the Night Sky Protection Act in the upcoming legislative session, set to begin Jan. 21.

The law was adopted in 1999 “to regulate outdoor night lighting fixtures to preserve and enhance the state’s dark sky while promoting safety, conserving energy and preserving the environment.” The city of Santa Fe and other local governments followed by enacting ordinances to curtail surplus glare.

However, in his presentation, Lipscomb urged lawmakers to update the law, partly because lighting technology has greatly changed since it went into effect. Light pollution is rapidly increasing — about 10% per year in nationwide measurements — according to his presentation.

New Mexico boasts numerous attractions that benefit from its low population density, generally arid climate and cloudless nights. One of them is the Cosmic Campground in the Gila National Forest near Alma in southwestern New Mexico, a stargazing destination selected by DarkSky International

as its first dark sky sanctuary in the Northern Hemisphere. Another is Capulin Volcano near Raton, frequently visited by lovers of dizzying night skies.

While the 1999 law positioned the state as a dark sky pioneer, activists have said more must be done as New Mexico’s growing population continues to brighten urban areas.

“I think it’s very smart to tighten this up and not overreach in terms of the expansion. I do think this is a really important law on the books that we’ve had for a long time, and technology has moved forward, and I’m really hoping we can get this passed this session,” said state Senate Majority Leader Peter Wirth, D-Santa Fe.

The impacts of light pollution include the destruction of wildlife habitat, neighborhood conflict and harm to health, Lipscomb said.

DarkSky International is now recommending light be restricted to below 10 degrees from horizontal to prevent “light trespass,” which is defined as artificial light sources emitting light into adjacent properties or public rights of way, and to significantly reduce light extending to unwanted areas.

With modern light technology, advocates recommend light be measured in lumens instead of watts. They also recommend adding the term “light trespass” to the dark sky act, noting light pollution has an effect on safety, environmental issues and property owner rights.

The current act states that outdoor lighting fixtures on advertisements along interstates and federal highways are exempt, provided that a light source does not create a hazardous glare.

But under the proposed changes from DarkSky International, only outdoor lighting fixtures on roadway navigation and safety signs on interstates and federal highways would be exempt.

“Advertisement signs can be lit from above and achieve the same functionality,” Lipscomb said.

Sen. Greg Nibert, R-Roswell, said he wanted to take a look at some of the provisions in the current law.

“It seems to me that one of the big issues is billboards,” he said. “We really notice that on I-40 between Albuquerque and Clines Corners. A lot of those billboards are illuminated with lights at night that don’t shine down. They shine up.”

Galen Gisler, a council member of New Mexico DarkSky, said she welcomed Nibert’s comment about billboards. “We’re hoping we can persuade people to direct the light on billboards down instead of up,” she said . “... The other thing I find really obnoxious are these electronic messaging boards, like the ones at casinos and so forth.”

She added, some of the problems should be addressed by local ordinances, rather than state law.

“I think the local level takes precedence over the state level if they have existing ordinances,” said Rep. Cynthia Borrego, D-Albuquerque, noting the Duke City has an ordinance of its own on the issue.