NY State Senate Bill 2017-S73

Senate Bill S73

2017-2018 Legislative Session

Enacts the "bird-friendly building council act" to establish a council to promote the use of bird-friendly building materials and design features in buildings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
Jan 04, 2017	referred to environmental conservation

co-Sponsors

2017-S73 (ACTIVE) - Details

See Assembly Version of this Bill:: A3410
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §3-0121, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4204, A6342
2013-2014: S4586, A5962
2015-2016: S78, A6450
2019-2020: S25, A4055

2017-S73 (ACTIVE) - Summary

Enacts the "bird-friendly building council act" to establish a council to promote the use of bird-friendly building materials and design features in buildings; research the magnitude of problems facing birds colliding with buildings; identify existing and emerging products, technologies and concepts to reduce or eliminate bird mortality from building collisions; and develop public awareness.

2017-S73 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S73

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
enacting the "bird-friendly building council act"

 PURPOSE :

To create the bird-friendly building council act.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 titles this the bird-friendly building council act.

Section 2 states legislative findings.

Section 3. Creates the bird friendly building council which shall
consist of between 11-15 members and includes language as to who some
of those members shall be. Further this section lays out specific
requirements of the council, including attempting to figure out the
magnitude of bird strikes, developing criteria and guidelines for
identifying existing buildings that pose a threat for collision,
identify emerging products and technology to help reduce or eliminate
the threat, identify potential funding sources to fund a retrofit or
replacement of windows for problematic buildings, promote public

awareness, support and fund additional research to understand
bird-building collisions, coordinate with other design organizations.
Further the council in cooperation with DEC and OGS shall develop a
set of proposed standards governing bird-friendly building designs.

Section 4 is the effective date.

 JUSTIFICATION :

Bird species confront a number of threats which, acting individually
and collectively, have caused many to decline, some to the point of
endangerment. Window/building-bird collisions appear to be one of the
more significant causes of mortality, with estimates ranging from 100
million to as many as 1 billion birds a year. Most avian researchers
in the field indicate that this cause of morality ranks among the top
three causes for bird decline among North American birds. A
comprehensive approach, commensurate with the magnitude of the treat,
is needed if New York State is to succeed in meaningfully reducing
bird deaths from window/building collisions. By necessity this must
involve both existing and future buildings. This proposed legislation
contains a number of elements which together help to achieve this goal
by addressing both existing problem buildings and new construction.

 PRIOR LEGISLATIVE HISTORY :

S.78 of 2015-2016 (Hoylman): Died in Environmental Conservation
A.6450 of 2015-2016 (Englebright): Died in Governmental Operations
S.4586 of 2013-2014 (Hoylman): Died in Environmental Conservation
A.5962 of 2013-2014 (Englebright):  Died in Governmental Operations
(2013)/ Reported to Ways & means (2014)
S.4204-A of 2011-2012 (Grisanti): Reported to Finance
A.6342-B of 2011-2012 (Englebright): Died in Governmental Operations
(2011)/ Reported to Ways & Means (2012)

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2017-S73 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    73
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. HOYLMAN, SERRANO -- 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".
   § 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03732-01-7

 S. 73                               2
 
   (f)   bird-safe   design   features   can  be  incorporated  into  new
 construction and major renovation projects at no to minimal extra  cost;
 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.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 3-0121 to read as follows:
 § 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;

 S. 73                               3

   F. PROMOTE PUBLIC AWARENESS OF THIS ISSUE  AND  WHAT  MEMBERS  OF  THE
 PUBLIC CAN DO TO MITIGATE IMPACTS;
   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.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S73

Share this bill

Sponsored By

Brad Hoylman-Sigal