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Why must the state legislature grant localities authority to enact lighting standards? SB1301 is known as "Enabling Legislation". The purpose of this bill is to give local governments in the Commonwealth the express authority to enact outdoor lighting standards via ordinance. It comes as a great surprise to many people when they first learn that local governments in Virginia (counties, cities, and towns) possess few if any powers except those granted by the state legislature in Virginia. This is because Virginia operates under the rule of the Dillon's Law. Dillon's Law requires that localities must obtain express permission from the state before enacting certain kinds of legislation. Legislation required by Dillon's Law is often called "Enabling" legislation. For a more detailed discussion of Dillon's Law, click here. Because light pollution, in the form of Glare, Light Trespass, Urban Sky Glow, and Energy Waste have only recently become public policy concerns, the state has never granted localities authority to set standards for outdoor lighting. As a result, many counties, cities, and towns are reticient to enact lighting standards until they have the express authority to do so. Sb1301 will solve this problem. |
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