S T A T E   O F   N E W   Y O R K
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                                    705
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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
 TWENTY-ONE, ADOPT RULES AND REGULATIONS  ESTABLISHING  WHAT  CONSTITUTES
 BIRD  COLLISION  DETERRENT  SAFETY  MEASURES. IN ADOPTING SUCH RULES AND
 REGULATIONS, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05688-01-9

 A. 705                              2
 
 MANAGEMENT  IN THE UNITED STATES FISH AND WILDLIFE SERVICE, AND (II) THE
 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, 2021.