Senate Bill S3658

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3658
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by Sens. HOYLMAN-SIGAL, HELMING, KRUEGER, MARTINEZ, MARTINS,
   MAYER, PALUMBO, RHOADS, SALAZAR, SCARCELLA-SPANTON -- read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Investigations and Government Operations
 
 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;
   (B) ACQUIRED; OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00085-01-5
              

 S. 3658                             2
 
   (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.