S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5962

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  SCHIMEL,  BARRON, 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".
  S 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.
                                                           LBD04614-01-3
              

A. 5962                             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.
  S  3.  The  environmental  conservation law is amended by adding a new
section 3-0121 to read as follows:
S 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;

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