Assembly Bill A4055B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4055
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, L. ROSENTHAL -- Multi-Sponsored by
   -- M. of A.  GOTTFRIED -- read once and referred to the  Committee  on
   Governmental Operations
 
 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".
   § 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;
   (f)   bird-safe   design   features   can  be  incorporated  into  new
 construction and major renovation projects at no to minimal extra  cost;

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

                                                            LBD04078-01-9

 A. 4055                             2
 
 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.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 3-0121 to read as follows:
 § 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;
   F. PROMOTE PUBLIC AWARENESS OF THIS ISSUE  AND  WHAT  MEMBERS  OF  THE
 PUBLIC CAN DO TO MITIGATE IMPACTS;

 A. 4055                             3
 
   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.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4055--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, L. ROSENTHAL -- Multi-Sponsored by
   -- M. of A.  GOTTFRIED -- read once and referred to the  Committee  on
   Governmental Operations -- 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".
   § 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.
                                                            LBD04078-03-9
              

 A. 4055--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.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 3-0121 to read as follows:
 § 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 FIFTEEN MEMBERS,
 WHICH SHALL INCLUDE THE COMMISSIONER, WHO SHALL  BE  THE  CHAIR  OF  THE
 COUNCIL, AND FOURTEEN MEMBERS TO BE APPOINTED AS FOLLOWS: TWELVE MEMBERS
 APPOINTED  BY  THE  COMMISSIONER;  ONE MEMBER APPOINTED BY THE TEMPORARY
 PRESIDENT OF THE SENATE; AND ONE MEMBER APPOINTED BY THE SPEAKER OF  THE
 ASSEMBLY.  THE MEMBERS OF THE COUNCIL SHALL INCLUDE PERSONS REPRESENTING
 THE FOLLOWING INTERESTS: WILDLIFE CONSERVATION ORGANIZATIONS, STATE  AND
 FEDERAL  WILDLIFE  AGENCIES,  ARCHITECTS,  LANDSCAPE  ARCHITECTS, WINDOW
 MANUFACTURERS AND DISTRIBUTORS, COMMERCIAL BUILDING MANAGERS, AND ACADE-
 MIA.  THE WILDLIFE CONSERVATION ORGANIZATIONS REPRESENTED ON THE COUNCIL
 SHALL INCLUDE THE AMERICAN BIRD CONSERVANCY, NEW YORK CITY AUDUBON,  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;

 A. 4055--A                          3
 
   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;
   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.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.