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

                                  4586

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 12, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

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

              

S. 4586                             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;

S. 4586                             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.
  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.