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