HB-5414, As Passed Senate, June 14, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5414

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 75101, 75102, and 75104 (MCL 324.75101,

324.75102, and 324.75104), as added by 1995 PA 58.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 75101. As used in this part:

     (a) "Dark sky preserve" means the an area designated in

section 75102.

     (b) "Fully shielded" means outdoor light fixtures shielded or

constructed so that no light rays are emitted by the installed

fixture at angles above 15 degrees below the horizontal plane and

also constructed so that the filament or light source is not

visible to the naked eye when viewed from a point higher than 15

degrees below the horizontal plane.

     Sec. 75102. (1) The state owned land following lands are

designated as dark sky preserves:

     (a) State-owned land at lake Hudson, legally described as:

     All state-owned land located in Sections 25, 26, 27, 34, 35,

and 36, T 7 S, R 1 E, and Section 1, T 8 S, R 1 E - Lenawee County,

Michigan.

     is designated a dark sky preserve.

     (b) The state-owned land encompassing Wilderness state park

and the state forestland within Bliss township, Cross Village

township, and Wawatam in Emmet county.

     (c) Those portions of port crescent state park lying north and

west of the Pinnebog river in section 9 of Hume township, Huron

county, T18N, R12E.

     (2) Notwithstanding any other provision of this part, a dark

sky preserve shall not be established in the Upper Peninsula.

     Sec. 75104. (1) Within 90 days after June 9, 1993, the The

commission shall ensure that all outdoor lighting within a dark sky

preserve conforms to the following:

     (a) Lighting shall be directed downward.

     (b) Whenever possible, lighting shall be provided by fully

shielded fixtures.

     (c) Wherever practical and appropriate, outdoor lighting

fixtures shall be motion sensor fixtures, and not fixtures that

remain lighted during all hours of darkness.

     (2) Notwithstanding any other provision of this part, the use

and development of land within a dark sky preserve, including the

use of the land for motorized and nonmotorized recreation, shall

not be restricted due to the designation as a dark sky preserve.