On January 17, 2001, Govenor Gray Davis proclaimed a State of Emergency in California due to an electrical energy shortage. On February 1, 2001, Governor Davis issued Executive Order D-1901 (Order); ordering retail businesses to substantially reduce unnecessary outdoor lighting wattage during non-business hours.
Between February 1, 2001 and February 8, 2001, the Govenors Office of Emergency Services brought together representatives from State government and the law enforcement community to draft an implementation plan that provides guidance to businesses on how to comply with the Governors order.
Guiding Principles
In general, law enforcement agencies throughout California will enforce this order by utilizing a partnership approach to helping retail businesses in their communities conserve energy safely. The primary principles guiding this effort include:
Public, employee, and property safety not compromised
Intent of Order is to reduce wattage, not illumination
Businesses, in consultation with local law enforcement, will determine minimum outdoor lighting necessary
Enforcement sanctions used as a last resort
Actions taken by businesses will focus on long-term conservation
Definitions
These definitions provide clarification of the Order, which essentially calls for RETAIL establishments to substantially reduce unnecessary lighting during non-business hours, while ensuring continued public safety.
"Non-business hours" - Hours that business is not open to the public
"Public Safety" - Measures necessary to protect the public, employees, and their property
"Retail Establishment" - Business that offers product or service for sale to the public
"Substantial Reduction" - Means a good faith effort to reduce maximum wattage. Businesses should target a reduction of 50 percent or more in wattage.
"Unnecessary lighting" - Primarily marketing and decorative lighting
Enforcement
After March 15, 2001, the Order becomes mandatory. As a last resort for law enforcement, businesses that demonstrate an inability, after numerous opportunities, to work with local law enforcement and fail to voluntarily comply may face a misdemeanor fine of up to $1,000. it is the intent of law enforcement that a complaint would only be filed in the case of the most egregious cases and only after aggressive attempts were made to provide information and education to seek compliance.
