Sign inIn 1886, after meeting the inventor Thomas Edison in New York, Hawaii’s King Kalakaua enthusiastically began electrifying the grounds of his new residence — and within a year, 325 incandescent lights had the Iolani Palace fully aglow.
The king wouldn’t be able to pull off the same feat these days on Maui. Much of the island’s outdoor illumination soon could violate a new ordinance intended to help the island’s winged population. Fines could reach $1,000 a day.
The measure restricts outdoor lighting in an effort to keep endangered birds — and Maui has some of the world’s rarest — from crashing into spotlighted buildings. But Bill 21, signed into law last week, is ruffling feathers because its provisions also could keep flagpoles, church steeples, swimming pools and even luaus in the dark.
“People have told me they’ve seen birds falling on the ground in town, up country, all over the place,” said the bill’s author, Kelly Takaya King, who chairs the Maui County Council’s Climate Action, Resilience and Environment Committee.
Maui is a veritable Eden for species such as the wedge-tailed shearwater, white-tailed tropicbird, brown booby, myna, kiwikiu and nene — the state bird and the world’s rarest goose.
The island also is home to some 170,000 people, however, and the new law is pitting the avian paradise against the human one. The ordinance imposes a near-total ban on upward-shining outdoor lighting and limits short-wavelength blue-light content. Similar laws are in effect in many jurisdictions nationwide to protect various local interests, including the night skies in Arizona and the wilderness in New Hampshire. Maui has a more complicated set of priorities.
The outdoor light restrictions effectively prohibit nighttime hula dances and luau performances — local cultural signatures. Indoor alternatives are impractical. “Customers do not want to be in a ballroom or enclosed facility — they can go to Detroit and do that,” wrote Debbie Weil-Manuma, the president of a local tourism company, in a letter of opposition.
At the same time, Maui is grappling with an invasive species arriving in flocks of up to 35,000 a day: tourists. Local officials are considering caps on hotel and vacation rentals.
Birds can be disoriented by artificial light, sometimes confusing it for moonlight, and end up slamming into a building’s windows or circling until exhausted. In a single night in May 2017, 398 migrating birds — including warblers, grosbeaks and ovenbirds — flew into the floodlights of an office tower in Galveston, Tex. Only three survived. This danger is why the Empire State Building in New York City, the former John Hancock Center in Chicago and other landmark skyscrapers now go dark overnight during peak bird migration periods.
Yet, most mass bird fatalities occur in urban centers with tall buildings in high density. Maui is rural, and its kalana, or county office building, is only nine stories tall.
Jack Curran, a New Jersey lighting consultant who evaluated the science behind the bill, said the council “clearly didn’t do their homework.” The bill also requires that lighted surfaces be nonreflective, with a matte surface if painted. As the island is coated in compliant black paint, Curran joked, “Maui will wind up looking like Halloween.”
Even support for the regulation is fractured. “This bill does provide good benefits,” said Jordan Molina, Maui’s public works director, “but it doesn’t have to do so recklessly.” The new law, he added, will make his office the “blue-light police.”
Although the U.S. Fish and Wildlife Service did not oppose the bill, it recommended creating a habitat conservation plan unless the county could devise a foolproof lighting policy.
According to public records, the council relied on a single, non-peer-reviewed study funded by an Arizona company, C&W Energy Solutions, that lobbied for the bill. (The county’s attorneys issued a memorandum in July warning of the “potentially serious conflict of interest,” which the council ignored.) And King’s efforts were propelled in part by conservation groups’ lawsuit alleging that a luxury resort’s lights disoriented at least 15 endangered petrels between 2008 and 2021, resulting in at least one petrel’s death. (By contrast, the Maui Forest Bird Recovery Project has focused on the continuing “depredation by feral cats,” which number in the thousands on the island.)
Still at issue are the measure’s conflicting exemptions. For example, lights at public golf courses, tennis courts and schools’ athletics events are allowed, but not lights at hotel-owned golf courses or tennis courts. Conventional string lights are permitted for holidays and cultural festivals but must be “fully shielded” for all other uses, including weddings. The county fair is also exempt. So are emergency services and emergency road repairs.
The law will inhibit TV and film crews’ night lights, such as those used by “Hawaii Five-O,” “NCIS: Hawai‘i” and “The White Lotus.” The latter was honored in October by the Maui County Film Office for giving the island national and international recognition.
King told local media that compliant lights are widely available online. But when asked recently for online links to such bulbs, her office sent just one — for a bedside night light that can double as an outdoor bug light, although it was unclear whether the bulb meets all of the ordinance’s specifications.
“Appropriate lighting is not available,” King then conceded. “We’re hoping it will be in the next few years. When you pass a lot of these environmental laws, you kind of have to go in steps to get them passed.”
As passed, the bill explicitly removed exemptions for field harvesting, security lighting at beaches run by hotels or condominiums, safety lighting for water features, motion-sensor lighting, and lighting on state or federal property — including Maui’s harbors and even the runway lights at its airports.
Council member Shane Sinenci supported the ultimate provisions. “Our unique biodiversity is what makes us appealing to both visitors and to residents alike,” the Maui News quoted him as saying before the final vote. “We are often underestimating the value of a healthy ecosystem and all the benefits that comes with it.”
The law takes effect in July for new lighting and requires existing lighting to be in compliance by 2026.
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