Shanghai amends regulations to address light pollution: Prohibits landscape lighting from directly shining into residential windows

In recent years, the "light pollution" caused by excessive illumination from urban light sources such as outdoor advertising signs, landscape lighting, and surveillance lighting has increasingly highlighted its impact on residents' lives and traffic safety.

On July 21, the Shanghai Municipal People's Congress passed the "Decision of the Standing Committee of the Shanghai Municipal People's Congress on Amending <上海市环境保护条例>" (hereinafter referred to as the "Amendment Decision"), which will come into effect on August 1, 2022. According to the "Amendment Decision", in addition to the Bund, North Bund and Xiaolujiazui areas, Shanghai prohibits the installation of landscape lighting that shines directly into residential windows.

The "Decision on Amendments," effective from August 1, consists of twenty articles. Its main contents include: establishing and improving the institutional mechanisms for ecological environment governance; focusing on resolving the environmental protection challenges of light pollution; improving the management system for solid waste; enhancing the digitalization and intelligence level of environmental governance; consolidating environmental protection responsibilities in industrial parks; and prevention and control of noise pollution.

The "Decision on Amendments" adds work requirements related to carbon peaking and carbon neutrality, making corresponding provisions on integrating carbon peaking and carbon neutrality into the overall economic and social development framework and promoting a comprehensive green transformation of economic and social development. It also adds regulations on environmental pollution prevention and control during epidemic prevention and control periods, clarifying the emergency response responsibilities of municipal and district people's governments and relevant departments.

Among them, a major feature of the "Amendment Decision" is its focus on addressing the environmental protection challenges posed by light pollution.

It is reported that in recent years, public concern over "light pollution" accompanying urban development has been increasing. To effectively prevent and control "light pollution", the Amendment Decision adds the following four provisions on top of existing measures such as strictly controlling the use of reflective materials on building facades:

First, strengthen source control. Urban lighting plans related to Road lighting and Nightscape / Landscape lighting should clearly define zoned Luminance management measures and set requirements for lighting effects and Optical radiation control in different areas.

二是强化绿色照明，明确住建、绿化市容等部门应当依据城市照明相关规划和节能计划，完善城市照明智能控制网络，推广使用节能、环保的照明新技术、新产品，提高照明的绿色低碳水平。

Third, strengthen installation standards: if the lighting sources for road lighting, landscape lighting, outdoor advertisements, and outdoor signs do not meet lighting limit requirements, the installer shall make timely adjustments to prevent adverse impacts on residents' normal life and the safe operation of vehicles and vessels. Public security, transportation, and other departments shall promote the application of low-light and no-light technologies during the construction of monitoring facilities to prevent glare interference from monitor fill light to vehicle drivers and pedestrians.

Fourth, strengthen the protection of the residential environment. It is specified that where lighting sources are installed in residential areas and their surroundings, reasonable measures shall be taken to control the Luminance and Illuminance of light照射 on the outer surfaces of residential room windows. Landscape lighting such as floodlights and lasers that directly shine into residential room windows is prohibited. In the Bund, North Bund, and Xiaolujiazui areas, if projection is indeed necessary for creating light and shadow effects, the municipal administrative department for landscaping and city appearance shall reasonably control the duration and on/off times of light projection and announce them to the public. When construction units perform electric welding operations or use Light for illumination during night construction, they shall take effective shielding measures to avoid direct light exposure to residential buildings.

In addition, the "Amendment Decision" improves the solid waste management system, sets forth principle requirements for the reduction, resource recovery and reuse, and harmless disposal of solid waste, and makes clear provisions on strengthening the management of single-use plastic products and the resource recovery and reuse of hazardous waste.

The "Decision on Amendments" prohibits or restricts the production, sale, and use of single-use plastic products that are explicitly prohibited or restricted by the state and this municipality. It encourages and guides green design for plastic products, promotes the application of alternative products that are reusable, easily recyclable, and recyclable, and reduces the use of single-use plastic products. Where hazardous waste is subjected to resource recovery and reuse, such activities and the resulting products shall comply with the relevant regulations, standards, and norms of the state and this municipality.

In addition, the "Amendment Decision" also makes specific provisions on improving the digital and intelligent level of environmental governance, consolidating the environmental protection responsibilities of industrial parks, and noise pollution prevention and control.

The Shanghai Municipal Ecology and Environment Bureau stated that it will continue to strengthen law enforcement, coordinate citywide ecological and environmental enforcement resources, and severely crack down on serious environmental violations such as discharging pollutants without a permit or in violation of permit conditions; improve law enforcement coordination mechanisms with relevant functional departments, and legally intensify enforcement against environmental issues affecting the public, including plastic pollution, noise pollution, and "light pollution", to promptly address public concerns.