.11 Energy Efficient Outdoor Lighting Fixtures.

A. If State funds are used to install or replace a permanent outdoor luminaire for lighting on the grounds of any building or facility owned or leased by the State or a unit of the State, procurement specifications shall require that:

(1) Design of the luminaire maximizes energy conservation and minimizes light pollution, glare, and light trespass;

(2) Illumination produced by the luminaire is the minimum illumination necessary for the intended purpose of the lighting; and

(3) For a luminaire with an output of more than 1,800 lumens, the luminaire is a restricted uplight luminaire.

B. Waiver.

(1) Except as provided in §B(4) of this regulation, the Secretary of General Services, the Secretary of Transportation, or the Chancellor of the University System of Maryland, or their designees, may waive the requirement of §A(3) of this regulation if they determine that a waiver is necessary for the lighting application.

(2) A waiver request shall include:

(a) A description of the lighting plan;

(b) A description of the efforts made to comply with the requirements of this regulation; and

(c) The reason a waiver is necessary.

(3) In considering a waiver request, the Secretary of General Services, the Secretary of Transportation, or the Chancellor of the University System of Maryland shall consider design safety, costs, and any other factors determined to be appropriate.

(4) A waiver request for a State building or facility owned or leased by an agency other than the Department of General Services, the Department of Transportation, or the University System of Maryland shall require Board of Public Works approval. A waiver request made to the Board of Public Works shall comply with §B(2) of this regulation.

C. Applicability. This regulation does not apply to a luminaire:

(1) Located on the grounds of a correctional facility;

(2) Required by federal regulation;

(3) Required for storm operations activities performed by the Department of Transportation;

(4) Required to illuminate the State flag or the flag of the United States;

(5) Used for sign illumination; or

(6) In a lighting plan where less than 25 percent of the luminaires are to be replaced.