S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8779
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2017
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to deterring bird collisions on construction sites
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 27-645.1 to read as follows:
   § 27-645.1 BIRD COLLISION DETERRENCE. (A) AS USED IN THIS SECTION, THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (1)  "CONSTRUCTION  WORK"  SHALL  MEAN  ANY  OR ALL WORK OR OPERATIONS
 NECESSARY  OR  INCIDENTAL  TO  THE  ERECTION,  DEMOLITION,   ASSEMBLING,
 INSTALLING, OR EQUIPPING OF BUILDINGS, OR ANY ALTERATIONS AND OPERATIONS
 INCIDENTAL THERETO;
   (2) "SUBSTANTIAL RECONSTRUCTION WORK" SHALL MEAN ANY WORK IN WHICH THE
 CONSTRUCTION WORK AFFECTS AT LEAST FIFTY PERCENT OF THE BUILDING'S FLOOR
 AREA.  SUCH TERM SHALL ALSO MEAN ANY WORK IN WHICH THE CONSTRUCTION WORK
 RESULTS IN GLAZING AT LEAST FIFTY PERCENT OF THE BUILDING'S WINDOWS; AND
   (3) "BIRD COLLISION DETERRENT SAFETY MEASURES" SHALL  MEAN  ANY  MEAS-
 URES,  INCLUDING,  BUT  NOT  LIMITED TO, BIRD FRIENDLY BUILDING GLASS OR
 OTHER BUILDING CONSTRUCTION AND DESIGN  TECHNIQUES  INCORPORATING  BIRD-
 SAFE  BUILDING MATERIALS AND DESIGN FEATURES IDENTIFIED IN THE RULES AND
 REGULATIONS REQUIRED TO BE ADOPTED PURSUANT TO SUBDIVISION (B)  OF  THIS
 SECTION.
   (B)  THE COMMISSIONER SHALL, NO LATER THAN JANUARY FIRST, TWO THOUSAND
 NINETEEN, ADOPT RULES AND REGULATIONS ESTABLISHING WHAT CONSTITUTES BIRD
 COLLISION DETERRENT SAFETY MEASURES. IN ADOPTING SUCH  RULES  AND  REGU-
 LATIONS,  THE  DEPARTMENT  SHALL CONSIDER INFORMATION INCLUDING, BUT NOT
 LIMITED TO: (I) THE BEST PRACTICES FOR  REDUCING  BIRD  COLLISIONS  WITH
 BUILDINGS AND BUILDING GLASS DEVELOPED BY THE DIVISION OF MIGRATORY BIRD
 MANAGEMENT  IN THE UNITED STATES FISH AND WILDLIFE SERVICE, AND (II) THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13798-02-7

 A. 8779                             2
 
 CREDIT FOR BIRD COLLISION DETERRENCE DEVELOPED AS PART OF THE LEADERSHIP
 IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) GREEN BUILDING RATING  SYSTEM,
 ADOPTED  BY  THE UNITED STATES GREEN BUILDING COUNCIL.  THE COMMISSIONER
 SHALL UPDATE SUCH RULES AND REGULATIONS NO LESS THAN EVERY FIVE YEARS.
   (C)  WHENEVER  A  BUILDING  UNDERGOES CONSTRUCTION WORK OR SUBSTANTIAL
 RECONSTRUCTION WORK SUCH BUILDING SHALL BE DESIGNED AND  CONSTRUCTED  TO
 COMPLY WITH BIRD COLLISION DETERRENT SAFETY MEASURES.
   (D) THE COMMISSIONER SHALL NOT ISSUE A CERTIFICATE OF OCCUPANCY PURSU-
 ANT  TO  ARTICLE  ONE  HUNDRED EIGHTEEN OF THIS CODE UNTIL THE APPLICANT
 COMPLIES WITH THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 construction documents received after January 1, 2019.