S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7808--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on  Governmental Operations -- recommitted to the Committee on Govern-
   mental Operations in accordance  with  Assembly  Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the public buildings law, in relation to  directing  the
   commissioner  of general services to incorporate practices and strate-
   gies to reduce bird fatality resulting from  collisions  with  certain
   state-owned buildings, and for other purposes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "feathered
 lives also count act".
   §  2.  The public buildings law is amended by adding a new section 148
 to read as follows:
   § 148. USE OF BIRD-SAFE FEATURES, PRACTICES, AND STRATEGIES IN  STATE-
 OWNED BUILDINGS. 1. AS USED IN THIS SECTION:
   (A)  "STATE AGENCY" MEANS ANY STATE DEPARTMENT, OFFICE, BOARD, BUREAU,
 COMMISSION, AGENCY, OR ANY PUBLIC AUTHORITY  OR  PUBLIC  BENEFIT  CORPO-
 RATION AT LEAST ONE OF WHOSE MEMBERS IS APPOINTED BY THE GOVERNOR;
   (B)  "STATE-OWNED BUILDING" MEANS ANY BUILDING OWNED BY A STATE AGENCY
 USED FOR OFFICIAL STATE BUSINESS; AND
   (C) "STATE-LEASED BUILDING" MEANS  ANY  BUILDING  OR  PORTION  OF  ANY
 BUILDING  LEASED BY A STATE AGENCY FOR OFFICE, DEPARTMENTAL, OR RESIDEN-
 TIAL OCCUPANCY.
   2. THE COMMISSIONER OF GENERAL SERVICES  SHALL  INCORPORATE  FEATURES,
 PRACTICES,  AND STRATEGIES TO REDUCE BIRD FATALITY RESULTING FROM COLLI-
 SIONS WITH STATE-OWNED BUILDINGS AND,  WHERE  PRACTICABLE,  STATE-LEASED
 BUILDINGS.    SUCH  FEATURES, PRACTICES AND STRATEGIES SHALL BE INCORPO-
 RATED FOR EACH BUILDING:
   (A) CONSTRUCTED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11333-05-4
              

 A. 7808--A                          2
 
   (B) ACQUIRED; OR
   (C)  OF  WHICH  MORE THAN FIFTY PERCENT OF THE FACADE IS SUBSTANTIALLY
 ALTERED, AS DETERMINED BY THE COMMISSIONER.
   3. THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT  OF  ENVIRON-
 MENTAL  CONSERVATION,  SHALL  DEVELOP  A  DESIGN  GUIDE TO CARRY OUT THE
 PROVISIONS OF SUBDIVISION TWO OF THIS SECTION THAT INCLUDES THE  FOLLOW-
 ING:
   (A) FEATURES FOR REDUCING BIRD FATALITY RESULTING FROM COLLISIONS WITH
 STATE-OWNED  BUILDINGS  AND,  WHERE PRACTICABLE, STATE-LEASED BUILDINGS,
 THROUGHOUT ALL CONSTRUCTION PHASES, TAKING INTO ACCOUNT  THE  NUMBER  OF
 EACH  SUCH  BIRD  FATALITY THAT OCCURS AT DIFFERENT TYPES OF STATE-OWNED
 BUILDINGS AND, WHERE PRACTICABLE, STATE-LEASED BUILDINGS;
   (B) METHODS AND STRATEGIES FOR REDUCING BIRD FATALITY  RESULTING  FROM
 COLLISIONS  WITH  STATE-OWNED  BUILDINGS  AND, WHERE PRACTICABLE, STATE-
 LEASED BUILDINGS, DURING THE OPERATION AND MAINTENANCE  OF  SUCH  BUILD-
 INGS;
   (C)  BEST  PRACTICES  FOR REDUCING BIRD FATALITY RESULTING FROM COLLI-
 SIONS WITH STATE-OWNED BUILDINGS AND,  WHERE  PRACTICABLE,  STATE-LEASED
 BUILDINGS, INCLUDING BUT NOT LIMITED TO:
   (I)   ELIMINATING   NON-ESSENTIAL  LIGHTING  DURING  SPRING  AND  FALL
 MIGRATION;
   (II) USE OF BIRD-SAFE FILM OR OTHER AFTER-MARKET PRODUCTS DESIGNED  TO
 REDUCE BIRD COLLISIONS;
   (III)  ARCHITECTURAL OR DESIGN ELEMENTS THAT REDUCE THE RISK OF COLLI-
 SIONS;
   (IV) USE OF BIRD-FRIENDLY GLASS IN  NEW  CONSTRUCTION  OR  RENOVATIONS
 THAT REQUIRE SUBSTANTIAL ALTERATIONS; AND
   (V) PLACEMENT OF LANDSCAPING FEATURES AND GREEN ROOFS; AND
   (D)  INFORMATION ON HOW TO PARTICIPATE IN CITIZEN SCIENCE EFFORTS THAT
 DOCUMENT BIRD COLLISIONS IN NEW YORK STATE.
   4. TO CARRY OUT THE PROVISIONS OF PARAGRAPH (C) OF  SUBDIVISION  THREE
 OF  THIS  SECTION,  THE  COMMISSIONER  SHALL IDENTIFY BEST PRACTICES FOR
 REDUCING BIRD FATALITY RESULTING FROM COLLISIONS WITH STATE-OWNED BUILD-
 INGS AND, WHERE  PRACTICABLE,  STATE-LEASED  BUILDINGS,  INCLUDING  BEST
 PRACTICES RECOMMENDED BY:
   (A)  STATE,  FEDERAL,  AND  MUNICIPAL  AGENCIES WITH EXPERTISE IN BIRD
 CONSERVATION;
   (B) NONGOVERNMENTAL ORGANIZATIONS WITH EXPERTISE IN BIRD CONSERVATION;
 AND
   (C) REPRESENTATIVES OF GREEN BUILDING CERTIFICATION SYSTEMS.
   5. THE COMMISSIONER  SHALL  DISSEMINATE  THE  DESIGN  GUIDE  DEVELOPED
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION TO ALL STATE AGENCIES WITH
 INDEPENDENT LEASING AUTHORITY FROM THE COMMISSIONER.
   6.  THE  COMMISSIONER SHALL, EVERY FIVE YEARS, UPDATE THE DESIGN GUIDE
 DEVELOPED PURSUANT TO SUBDIVISION THREE OF THIS SECTION WITH RESPECT  TO
 THE  PRIORITIES OF THE COMMISSIONER FOR REDUCING BIRD FATALITY RESULTING
 FROM COLLISIONS  WITH  STATE-OWNED  BUILDINGS  AND,  WHERE  PRACTICABLE,
 STATE-LEASED BUILDINGS.
   7.  THIS  SECTION  SHALL  NOT APPLY TO ANY BUILDING OR SITE LISTED, OR
 ELIGIBLE FOR LISTING, ON THE NATIONAL REGISTER OF HISTORIC PLACES.
   8. NOT LATER THAN OCTOBER FIRST OF EACH FISCAL YEAR, THE  COMMISSIONER
 SHALL  CERTIFY  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
 AND THE SPEAKER OF THE ASSEMBLY THAT THE COMMISSIONER  USES  THE  DESIGN
 GUIDE DEVELOPED PURSUANT TO SUBDIVISION THREE OF THIS SECTION FOR BUILD-
 INGS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   § 3. This act shall take effect immediately.