senate Bill S4204A

2011-2012 Legislative Session

Enacts the "bird-friendly building council act" to establish a council to promote the use of bird-friendly building materials and design features in buildings

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2012 reported and committed to finance
Jan 04, 2012 referred to investigations and government operations
Jun 14, 2011 print number 4204a
amend (t) and recommit to finance
Jun 07, 2011 reported and committed to finance
Mar 23, 2011 referred to investigations and government operations

Votes

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May 22, 2012 - Investigations and Government Operations committee Vote

S4204A
5
0
committee
5
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: May 22, 2012

aye wr (3)

Jun 7, 2011 - Investigations and Government Operations committee Vote

S4204
5
0
committee
5
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 7, 2011

aye wr (3)

Bill Amendments

Original
A (Active)
Original
A (Active)

S4204 - Bill Details

See Assembly Version of this Bill:
A6342B
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §3-0121, En Con L

S4204 - Bill Texts

view summary

Enacts the "bird-friendly building council act" to establish a council to promote the use of bird-friendly building materials and design features in buildings; research the magnitude of problems facing birds colliding with buildings; identify existing and emerging products, technologies and concepts to reduce or eliminate bird mortality from building collisions; develop public awareness.

view sponsor memo
BILL NUMBER:S4204

TITLE OF BILL:
An act
to amend the public buildings law, the general municipal law, the
executive law, the environmental conservation law and the
state finance law, in relation to enacting the
"bird-friendly buildings act"

PURPOSE OR GENERAL IDEA OF BILL:
Enacts the "bird friendly building materials and design features,
address interior and exterior lighting and use of reflective glass.
The establishment of a bird-friendly building council within the
office of environmental conservation. Identify and provide for the
retrofitting of buildings which pose a threat to bird populations
in the state. The department shall annually print and make available
for sale a unique migratory bird protection stamp. All moneys from
the sale of the stamp shall be deposited in the "bird-friendly building
fund" established in the joint custody of the comptroller and the
commissioner of taxation and finance.

SUMMARY OF SPECIFIC PROVISIONS:
To use bird-friendly building
materials and design features, address interior and exterior lighting
and use of reflective glass. The establishment of a bird-friendly
building council within the office of environmental conservation.
Identify and provide for the retrofitting of buildings which pose a
threat to bird populations in the state. The department shall
annually print and make available for sale a unique migratory bird
protection stamp. All moneys from the sale of the stamp shall be
deposited in the "bird-friendly building fund" established in the
joint custody of the comptroller and the commissioner of taxation and
finance.

JUSTIFICATION:
Bird species confront a number of threats which,
acting individually and collectively, have caused many to decline,
some to the point of endangerment. Window/building-bird collisions
appear to be one of the more significant causes of mortality, with
estimates ranging from 100 million to as many as 1 billion birds a
year. Most avian researchers in the field indicate that this cause of
morality ranks among the top three causes for bird decline among
North American birds. A comprehensive approach, commensurate with the
magnitude of the treat, is needed if New York State is to succeed in
meaningfully reducing bird deaths from window/building collisions. By
necessity this must involve both existing and future buildings. This
proposed legislation contains a number of elements which together
help to achieve this goal by addressing both existing problem
buildings and new construction.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.


EFFECTIVE DATE:
This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4204

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public buildings law, the general municipal law, the
  executive law,  the  environmental  conservation  law  and  the  state
  finance law, in relation to enacting the "bird-friendly buildings act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "bird-friendly buildings act".
  S 2. Legislative findings. The legislature hereby finds that:
  (a)  a federal multi-agency report issued in 2009, entitled "The State
of the Birds, United States of America", provides the most comprehensive
assessment to date on the status of bird populations;
  (b) the multi-agency report concludes that nearly  one-third  of  this
nation's  800  bird species are endangered, threatened or in significant
decline;
  (c) daytime and nighttime collisions with man-made structures are  the
most  significant,  quantifiable  causes  of  avian  mortality  and  are
increasing with adverse effects being seen at a  population  level  with
estimates  ranging  from  several  hundred  million to one billion birds
dying from collisions annually in the United States:
  (d) not only are birds beautiful, interesting  and  fascinating  crea-
tures  that  are  eagerly  welcomed  by millions of Americans into their
backyards every year, but birds also have an impact on the United States
and the New York state economies;
  (e) the United States Fish and  Wildlife  Service  has  reported  that
birdwatchers contribute thirty-six million dollars annually to the econ-
omy,  and  birds  naturally  provide  billions  of dollars worth of pest
control, benefitting farmers, forestry owners and consumers alike;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09911-04-1

S. 4204                             2

  (f)  bird-friendly  design  features  can  be  incorporated  into  new
construction  and major renovation projects at no to minimal extra cost;
and existing buildings may be made  bird-friendly  through  the  use  of
simple, low-cost adaptations; and
  (g)  these  design features have already been implemented in buildings
constructed and renovated both in this state and throughout the country.
  S 3. The public buildings law is amended by adding a new  section  8-a
to read as follows:
  S  8-A.  USE  OF BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES.
1. EACH PUBLIC BUILDING CONSTRUCTED, ALTERED OR ACQUIRED BY  THE  OFFICE
OF  GENERAL SERVICES SHALL INCORPORATE, TO THE EXTENT PRACTICABLE AND AS
DETERMINED  BY   THE   COMMISSIONER   OF   ENVIRONMENTAL   CONSERVATION,
BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES.
  2.  IN  ALL  PUBLIC  BUILDINGS,  THE COMMISSIONER OF GENERAL SERVICES,
WHERE PRACTICABLE, SHALL:
  (A) INCORPORATE BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN  FEATURES;
AND
  (B)  ADDRESS  INTERIOR  AND  EXTERIOR  LIGHTING  AND  REFLECTIVE GLASS
IMPACTS ON NATIVE BIRD SPECIES.
  3. FOR THE PURPOSES OF THIS SECTION, "BIRD-FRIENDLY BUILDING MATERIALS
AND DESIGN FEATURES" MAY INCLUDE MATERIALS AND FEATURES RECOMMENDED BY:
  (A) FEDERAL LAW, AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERE-
TO;
  (B) THE CITY OF CHICAGO'S "BIRD-SAFE BUILDING  DESIGN  GUIDE  FOR  NEW
CONSTRUCTION AND RENOVATION";
  (C) THE CITY OF TORONTO'S "BIRD-FRIENDLY DEVELOPMENT GUIDELINES"; AND
  (D)  THE  AMERICAN  BIRD  CONSERVANCY  AND  NEW  YORK  CITY  AUDUBON'S
"BIRD-SAFE BUILDING GUIDELINES".
  S 4. The general municipal law is amended by adding a new section 77-f
to read as follows:
  S 77-F. USE OF BIRD-FRIENDLY BUILDING MATERIALS AND  DESIGN  FEATURES.
1.  EACH PUBLIC BUILDING CONSTRUCTED, ALTERED OR ACQUIRED BY A MUNICIPAL
CORPORATION OR SCHOOL DISTRICT, OR ANY AGENCY THEREOF SHALL INCORPORATE,
TO THE EXTENT PRACTICABLE AND AS DETERMINED BY THE COMMISSIONER OF ENVI-
RONMENTAL CONSERVATION,  BIRD-FRIENDLY  BUILDING  MATERIALS  AND  DESIGN
FEATURES.
  2.  IN  ALL  PUBLIC  BUILDINGS,  A  MUNICIPAL  CORPORATION  OR  SCHOOL
DISTRICT, OR ANY AGENCY THEREOF, WHERE PRACTICABLE, SHALL:
  (A) INCORPORATE BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN  FEATURES;
AND
  (B)  ADDRESS  INTERIOR  AND  EXTERIOR  LIGHTING,  AND REFLECTIVE GLASS
IMPACTS ON NATIVE BIRD SPECIES.
  3. FOR THE PURPOSES OF THIS SECTION, "BIRD-FRIENDLY BUILDING MATERIALS
AND DESIGN FEATURES" MAY INCLUDE MATERIALS AND FEATURES RECOMMENDED BY:
  (A) FEDERAL LAW, AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERE-
TO;
  (B) THE CITY OF CHICAGO'S "BIRD-SAFE BUILDING  DESIGN  GUIDE  FOR  NEW
CONSTRUCTION AND RENOVATION";
  (C) THE CITY OF TORONTO'S "BIRD-FRIENDLY DEVELOPMENT GUIDELINES"; AND
  (D)  THE  AMERICAN  BIRD  CONSERVANCY  AND  NEW  YORK  CITY  AUDUBON'S
"BIRD-SAFE BUILDING GUIDELINES".
  S 5. Section 378 of the executive law  is  amended  by  adding  a  new
subdivision 17 to read as follows:
  17.  A.  REQUIRE EVERY BUILDING, CONSTRUCTED ON OR AFTER THE EFFECTIVE
DATE OF THIS SUBDIVISION, WHICH HAS ONE THOUSAND  SIX  HUNDRED  OR  MORE
SQUARE  FEET OF EXTERIOR GLASS TO INCORPORATE, TO THE EXTENT PRACTICABLE

S. 4204                             3

AND AS DETERMINED BY THE  COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION,
BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES. ALL SUCH BUILDINGS
SHALL:
  (I)  INCORPORATE BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES;
AND
  (II) ADDRESS INTERIOR AND  EXTERIOR  LIGHTING,  AND  REFLECTIVE  GLASS
IMPACTS ON NATIVE BIRD SPECIES.
  B. FOR THE PURPOSES OF THIS SUBDIVISION, "BIRD-FRIENDLY BUILDING MATE-
RIALS  AND  DESIGN  FEATURES"  MAY INCLUDE MATERIALS AND FEATURES RECOM-
MENDED BY:
  (I) FEDERAL LAW, AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERE-
TO;
  (II) THE CITY OF CHICAGO'S "BIRD-SAFE BUILDING DESIGN  GUIDE  FOR  NEW
CONSTRUCTION AND RENOVATION";
  (III)  THE  CITY  OF TORONTO'S "BIRD-FRIENDLY DEVELOPMENT GUIDELINES";
AND
  (IV) THE AMERICAN BIRD CONSERVANCY AND NEW YORK CITY AUDUBON'S  "BIRD-
SAFE BUILDING GUIDELINES".
  S  6.  The  environmental  conservation law is amended by adding a new
section 3-0121 to read as follows:
S 3-0121. BIRD-FRIENDLY BUILDING COUNCIL.
  1. THERE IS HEREBY  ESTABLISHED  IN  THE  DEPARTMENT  A  BIRD-FRIENDLY
BUILDING COUNCIL. SUCH COUNCIL SHALL BE COMPOSED OF NOT LESS THAN ELEVEN
NOR MORE THAN FIFTEEN MEMBERS, WHICH SHALL INCLUDE THE COMMISSIONER, WHO
SHALL  BE THE CHAIR OF THE COUNCIL, AND NOT LESS THAN TEN, NOR MORE THAN
FOURTEEN MEMBERS APPOINTED BY THE COMMISSIONER. THE MEMBERS APPOINTED BY
THE COMMISSIONER SHALL INCLUDE PERSONS REPRESENTING THE FOLLOWING INTER-
ESTS: WILDLIFE CONSERVATION ORGANIZATIONS, STATE  AND  FEDERAL  WILDLIFE
AGENCIES,  ARCHITECTS,  LANDSCAPE  ARCHITECTS,  WINDOW MANUFACTURERS AND
DISTRIBUTORS, COMMERCIAL BUILDING MANAGERS, AND ACADEMIA.  THE  WILDLIFE
CONSERVATION  ORGANIZATIONS REPRESENTED ON THE COUNCIL SHALL INCLUDE THE
AMERICAN BIRD CONSERVANCY, NEW YORK CITY AUDUBON  AND  THE  LONG  ISLAND
AUDUBON COUNCIL. THE FEDERAL WILDLIFE AGENCY REPRESENTATION ON THE COUN-
CIL  SHALL INCLUDE THE DIVISION OF MIGRATORY BIRD MANAGEMENT OF THE U.S.
FISH AND WILDLIFE SERVICE.   THE MEMBERSHIP  OF  THE  COUNCIL  SHALL  BE
BROADLY  REPRESENTATIVE  OF  THE GEOGRAPHIC AREAS OF THE STATE. FURTHER-
MORE, THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL  BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED  IN  THE  PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
IN ADDITION, THE COMMISSIONER OF GENERAL  SERVICES  SHALL  SERVE  AS  AN
EX-OFFICIO MEMBER OF THE COUNCIL.
  2. THE BIRD FRIENDLY BUILDING COUNCIL SHALL:
  A.  DEVELOP SUCH RULES, REGULATIONS AND PROCEDURES AS NECESSARY FOR IT
TO EFFECTIVELY ADMINISTER ITS RESPONSIBILITIES;
  B. ATTEMPT TO ASSESS AND QUANTIFY THE  EXTENT  AND  MAGNITUDE  OF  THE
PROBLEM  STATEWIDE  CAUSED BY DIURNAL AND NOCTURNAL BIRDS COLLIDING WITH
BUILDINGS. THIS EFFORT SHALL IDENTIFY THOSE SPECIES MOST COMMONLY KILLED
DURING DAYTIME COLLISIONS, THOSE SPECIES  MORE  COMMONLY  KILLED  DURING
NIGHTTIME  COLLISIONS AND SHALL INCLUDE AN ASSESSMENT ON SPECIES AT RISK
DUE TO RARITY AND ENDANGERMENT;
  C. DEVELOP CRITERIA AND GUIDELINES FOR  IDENTIFYING  AND  PRIORITIZING
EXISTING BUILDINGS WHICH POSE A DANGER TO BIRD SPECIES DUE TO THE THREAT
OF COLLISIONS;
  D.  IDENTIFY  EXISTING AND EMERGING PRODUCTS, TECHNOLOGIES, STRATEGIES
AND CONCEPTS WHICH CAN REDUCE OR ELIMINATE BIRD MORTALITY FROM  BUILDING
COLLISIONS;

S. 4204                             4

  E.  IDENTIFY  POTENTIAL  FUNDING  SOURCES, IN ADDITION TO THE PROCEEDS
FROM THE SALE OF THE MIGRATORY BIRD PROTECTION STAMP ESTABLISHED  PURSU-
ANT  TO SECTION 11-0307 OF THIS CHAPTER, TO FUND THE RETROFITTING AND/OR
REPLACEMENT OF WINDOWS OF  EXISTING  PROBLEMATIC  BUILDINGS,  IDENTIFIED
PURSUANT  TO  PARAGRAPH  C  OF  THIS SUBDIVISION, WHICH POSE A THREAT TO
BIRDS AND THE IMPLEMENTATION OF OTHER MITIGATIVE STRATEGIES;
  F. PROMOTE PUBLIC AWARENESS OF THIS ISSUE  AND  WHAT  MEMBERS  OF  THE
PUBLIC CAN DO TO MITIGATE IMPACTS;
  G.  SUPPORT  AND FUND ADDITIONAL RESEARCH TO BETTER UNDERSTAND PARTIC-
ULAR ASPECTS OF THE BUILDING-BIRD COLLISION ISSUE; AND
  H. CONSULT WITH OTHER SUSTAINABLE BUILDING DESIGN ORGANIZATIONS.
  S 7. Subdivision 2 of section 3-0301 of the environmental conservation
law is amended by adding a new paragraph dd to read as follows:
  DD. ESTABLISH, IN CONSULTATION WITH THE BIRD-FRIENDLY BUILDING COUNCIL
ESTABLISHED PURSUANT TO SECTION 3-0121  OF  THIS  ARTICLE,  CRITERIA  TO
IDENTIFY  AND  PROVIDE  FOR  THE  RETROFITTING OF BUILDINGS WHICH POSE A
THREAT TO BIRD POPULATIONS IN THE STATE.
  S 8. Subdivisions 2 and 3 of  section  11-0307  of  the  environmental
conservation  law,  subdivision 2 as added by chapter 494 of the laws of
1984 and subdivision 3 as amended by chapter 42 of the laws of 1991, are
amended to read as follows:
  2. The department shall, by rule and regulation, establish  the  means
or  method  for  creation  of  both  voluntary migratory bird stamps and
migratory bird art prints, their administration, sale  and  distribution
and  other matters relating to such voluntary stamps and art prints. The
department shall select appropriate  works  of  art  that  will  reflect
migratory  bird  species and/or aquatic ecosystem scenes. The department
may prepare or cause to be prepared voluntary migratory bird stamps  and
prints  for  any year in excess of the number otherwise to be issued for
sale to collectors or other persons desiring to purchase such  voluntary
stamps  or prints.   THE DEPARTMENT SHALL ANNUALLY PRINT AND MAKE AVAIL-
ABLE FOR SALE A UNIQUE MIGRATORY BIRD PROTECTION STAMP.
  3. The department shall prepare or  cause  to  be  prepared  voluntary
migratory  bird  stamps,  INCLUDING THE MIGRATORY BIRD PROTECTION STAMP,
and shall furnish such migratory bird stamps annually to license issuing
agents and officers for issuance or sale in the  same  manner  as  other
types  of licenses. The department shall, by rule and regulation, estab-
lish the fee for such voluntary  stamps  which  shall  not  exceed  five
dollars  as a fee and fifty cents for the issuing agent or officer for a
stamp sold in the year in which it was issued. ALL MONEYS FROM THE  SALE
OF  THE MIGRATORY BIRD PROTECTION STAMP SHALL BE DEPOSITED IN THE "BIRD-
FRIENDLY BUILDING FUND" ESTABLISHED PURSUANT TO  SECTION  NINETY-THREE-A
OF  THE STATE FINANCE LAW. The purchase of a stamp is voluntary and need
not be possessed in order to hunt migratory waterfowl.
  S 9. The state finance law is amended by adding a new section 93-a  to
read as follows:
  S  93-A.  BIRD-FRIENDLY BUILDING FUND.  1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE A SPECIAL FUND TO BE KNOWN AS  THE  "BIRD-FRIENDLY  BUILDING
FUND".
  2. SUCH FUND SHALL CONSIST OF MONEYS PAID THERETO FROM THE SALE OF THE
MIGRATORY BIRD PROTECTION STAMP PURSUANT TO SECTION 11-0307 OF THE ENVI-
RONMENTAL  CONSERVATION LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED
OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.

S. 4204                             5

  3. MONEYS OF  THE  FUND  FOLLOWING  APPROPRIATION  THEREOF,  SHALL  BE
EXPENDED  PURSUANT  TO PARAGRAPH DD OF SUBDIVISION TWO OF SECTION 3-0301
OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 10. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

S4204A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6342B
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add §3-0121, En Con L

S4204A (ACTIVE) - Bill Texts

view summary

Enacts the "bird-friendly building council act" to establish a council to promote the use of bird-friendly building materials and design features in buildings; research the magnitude of problems facing birds colliding with buildings; identify existing and emerging products, technologies and concepts to reduce or eliminate bird mortality from building collisions; develop public awareness.

view sponsor memo
BILL NUMBER:S4204A

TITLE OF BILL:
An act
to amend the
environmental conservation law,
in relation to enacting the
"bird-friendly building council
act"

PURPOSE:
To create the bird-friendly building council act.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 titles this the bird-friendly building council act.
Section 2 states legislative findings.
Section 3. Creates the bird friendly building council which shall
consist of between 11-15 members and includes language as to who some
of those members shall be. Further this section lays out specific
requirements of the council, including attempting to figure out the
magnitude of bird strikes, developing criteria and guidelines for
identifying existing buildings that pose a threat for collision,
identify emerging products and technology to help reduce or eliminate
the threat, identify potential funding sources to fund a retrofit or
replacement of windows for problematic buildings, promote public
awareness, support and fund additional research to understand
bird building collisions, coordinate with other design organizations.
Further the council in cooperation with DEC and OGS shall develop a
set of proposed standards governing bird-friendly building designs.
Section 4 is the effective date.

JUSTIFICATION:
Bird species confront a number of threats which, acting
individually and collectively, have caused many to decline, some to
the point of endangerment. Window/building-bird collisions appear to
be one of the more significant causes of mortality, with estimates
ranging from 100 million to as many as 1 billion birds a year. Most
avian researchers in the field indicate that this cause of morality
ranks among the top three causes for bird decline among North
American birds. A comprehensive approach, commensurate with the
magnitude of the treat, is needed if New York State is to succeed in
meaningfully reducing bird deaths from window/building collisions. By
necessity this must involve both existing and future buildings. This
proposed legislation contains a number of elements which together
help to achieve this goal by addressing both existing problem
buildings and new construction.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:


This act shall take effect on the
first of January
next succeeding the date on which it shall have become a law.

view full text
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4204--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- reported favorably from said committee and  commit-
  ted to the Committee on Finance -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  enacting the "bird-friendly building council act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "bird-friendly building council act".
  S 2. Legislative findings. The legislature finds that:
  (a) a federal multi-agency report issued in 2009, entitled "The  State
of the Birds, United States of America", provides the most comprehensive
assessment to date on the status of bird populations;
  (b)  the  multi-agency  report concludes that nearly one-third of this
nation's 800 bird species are endangered, threatened or  in  significant
decline;
  (c)  daytime  and nighttime collisions with man-made structures is the
most significant quantifiable cause of avian mortality and is increasing
with adverse effects being seen at a  population  level  with  estimates
ranging  from  several  hundred  million to one billion birds dying from
collisions annually in the United States;
  (d) not only are birds beautiful, interesting  and  fascinating  crea-
tures  that  are  eagerly  welcomed  by millions of Americans into their
backyards every year, but birds also have significant  positive  impacts
on the economies of the United States and New York state;
  (e)  the  United  States  Fish  and Wildlife Service has reported that
birdwatchers contribute thirty-six billion dollars annually to the econ-
omy, and birds naturally provide  billions  of  dollars  worth  of  pest
control, benefitting farmers, forestry owners and consumers alike;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09911-07-1

S. 4204--A                          2

  (f)   bird-safe   design   features   can  be  incorporated  into  new
construction and major renovation projects at no to minimal extra  cost;
and  existing buildings may be made bird-safe through the use of simple,
relatively low-cost adaptations;
  (g)  these  design features have already been implemented in buildings
constructed and renovated both in New  York  state  and  throughout  the
country;
  (h)  numerous municipalities and political subdivisions throughout the
country have developed guidelines and standards promoting  bird-friendly
building design; and
  (i)  under  the  aegis of the department of environmental conservation
there is merit and value to the establishment of a bird-friendly  build-
ing  council  whose mission is to undertake a comprehensive analysis and
develop a set of recommended  responses  to  this  significant  wildlife
issue.
  S  3.  The  environmental  conservation law is amended by adding a new
section 3-0121 to read as follows:
S 3-0121. BIRD-FRIENDLY BUILDING COUNCIL.
  1. THERE IS HEREBY  ESTABLISHED  IN  THE  DEPARTMENT  A  BIRD-FRIENDLY
BUILDING COUNCIL. SUCH COUNCIL SHALL BE COMPOSED OF NOT LESS THAN ELEVEN
MEMBERS  AND  NO  MORE  THAN  FIFTEEN  MEMBERS,  WHICH SHALL INCLUDE THE
COMMISSIONER, WHO SHALL BE THE CHAIR OF THE COUNCIL AND A MINIMUM OF TEN
MEMBERS AND A MAXIMUM OF FOURTEEN MEMBERS APPOINTED BY THE COMMISSIONER.
THE MEMBERS APPOINTED BY THE COMMISSIONER SHALL INCLUDE PERSONS  REPRES-
ENTING  THE  FOLLOWING  INTERESTS:  WILDLIFE CONSERVATION ORGANIZATIONS,
STATE AND FEDERAL WILDLIFE AGENCIES, ARCHITECTS,  LANDSCAPE  ARCHITECTS,
WINDOW MANUFACTURERS AND DISTRIBUTORS, COMMERCIAL BUILDING MANAGERS, AND
ACADEMIA.    THE  WILDLIFE CONSERVATION ORGANIZATIONS REPRESENTED ON THE
COUNCIL SHALL INCLUDE THE AMERICAN BIRD CONSERVANCY, NEW YORK CITY AUDU-
BON, NEW YORK STATE AUDUBON AND THE LONG  ISLAND  AUDUBON  COUNCIL.  THE
FEDERAL  WILDLIFE  AGENCY  REPRESENTATION  SHALL INCLUDE THE DIVISION OF
MIGRATORY BIRD MANAGEMENT OF THE U.S. FISH AND WILDLIFE  SERVICE.    THE
MEMBERSHIP  OF  THE  COUNCIL  SHALL  BE  BROADLY  REPRESENTATIVE  OF THE
GEOGRAPHIC AREAS OF THE STATE. FURTHERMORE, THE MEMBERS OF  THE  COUNCIL
SHALL  RECEIVE  NO  COMPENSATION FOR THEIR SERVICES BUT SHALL BE ALLOWED
THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
DUTIES PURSUANT TO THIS SECTION.    IN  ADDITION,  THE  COMMISSIONER  OF
GENERAL SERVICES SHALL SERVE AS AN EX-OFFICIO MEMBER OF THE COUNCIL.
  2. THE BIRD-FRIENDLY BUILDING COUNCIL SHALL:
  A.  DEVELOP SUCH RULES, REGULATIONS AND PROCEDURES AS NECESSARY FOR IT
TO EFFECTIVELY ADMINISTER ITS RESPONSIBILITIES;
  B. ATTEMPT TO ASSESS AND QUANTIFY THE  EXTENT  AND  MAGNITUDE  OF  THE
PROBLEM  STATEWIDE  CAUSED BY DIURNAL AND NOCTURNAL BIRDS COLLIDING WITH
BUILDINGS. THIS EFFORT SHALL IDENTIFY THOSE SPECIES MOST COMMONLY KILLED
DURING DAYTIME COLLISIONS, THOSE SPECIES  MORE  COMMONLY  KILLED  DURING
NIGHTTIME  COLLISIONS AND SHALL INCLUDE AN ASSESSMENT ON SPECIES AT RISK
DUE TO RARITY AND ENDANGERMENT;
  C. DEVELOP CRITERIA AND GUIDELINES FOR  IDENTIFYING  AND  PRIORITIZING
EXISTING BUILDINGS WHICH POSE A DANGER TO BIRD SPECIES DUE TO THE THREAT
OF COLLISIONS;
  D.  IDENTIFY  EXISTING AND EMERGING PRODUCTS, TECHNOLOGIES, STRATEGIES
AND CONCEPTS WHICH CAN REDUCE OR ELIMINATE BIRD MORTALITY FROM  BUILDING
COLLISIONS;
  E. IDENTIFY POTENTIAL FUNDING SOURCES, TO FUND THE RETROFITTING AND/OR
REPLACEMENT  OF  WINDOWS  OF EXISTING PROBLEMATIC BUILDINGS WHICH POSE A
THREAT TO BIRDS AND THE IMPLEMENTATION OF OTHER MITIGATIVE STRATEGIES;

S. 4204--A                          3

  F. PROMOTE PUBLIC AWARENESS OF THIS ISSUE  AND  WHAT  MEMBERS  OF  THE
PUBLIC CAN DO TO MITIGATE IMPACTS;
  G.  SUPPORT  AND FUND ADDITIONAL RESEARCH TO BETTER UNDERSTAND PARTIC-
ULAR ASPECTS OF THE BUILDING-BIRD COLLISION ISSUE;
  H. CONSULT WITH OTHER SUSTAINABLE BUILDING DESIGN ORGANIZATIONS; AND
  I. IN COOPERATION WITH  THE  DEPARTMENT  AND  THE  OFFICE  OF  GENERAL
SERVICES,  DEVELOP  A  SET OF PROPOSED STANDARDS GOVERNING BIRD-FRIENDLY
BUILDING DESIGNS WHICH INCLUDE FEATURES, MATERIALS, TECHNOLOGIES, STRAT-
EGIES, AND CONCEPTS TO REDUCE, MINIMIZE, AND/OR ELIMINATE BIRD MORTALITY
INVOLVING BUILDING COLLISIONS. THE COUNCIL SHALL DEVELOP THESE  PROPOSED
STANDARDS WITHIN EIGHTEEN MONTHS OF ITS ESTABLISHMENT AND MAKE A COPY OF
THEM  AVAILABLE  TO THE GOVERNOR, SENATE MAJORITY LEADER, AND SPEAKER OF
THE ASSEMBLY FOR THEIR CONSIDERATION OF BEING CODIFIED IN STATE LAW.
  S 4. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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