S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    25
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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.
              

                                                            LBD04078-01-9

 S. 25                               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. 25                               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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   25--B
     Cal. No. 307
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. HOYLMAN, CARLUCCI, HARCKHAM, KAPLAN, KRUEGER, SERRA-
   NO -- read twice and ordered printed, and when printed to be committed
   to  the  Committee on Environmental Conservation -- reported favorably
   from said committee, ordered to first and second report, ordered to  a
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading -- passed by Senate and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04078-05-9

 S. 25--B                            2
 
 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;
 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.  A.  THERE  IS HEREBY ESTABLISHED IN THE DEPARTMENT A BIRD-FRIENDLY
 BUILDING COUNCIL. SUCH COUNCIL SHALL BE  COMPOSED  OF  FIFTEEN  MEMBERS,
 WHICH  SHALL  INCLUDE THE COMMISSIONER OR HIS OR HER DESIGNEE, WHO SHALL
 BE THE CHAIR OF THE COUNCIL, AND FOURTEEN MEMBERS  TO  BE  APPOINTED  AS
 FOLLOWS:    SIX  MEMBERS  APPOINTED  BY  THE COMMISSIONER; THREE MEMBERS
 APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; ONE MEMBER APPOINTED
 BY THE MINORITY LEADER OF THE SENATE; THREE  MEMBERS  APPOINTED  BY  THE
 SPEAKER OF THE ASSEMBLY; AND ONE MEMBER APPOINTED BY THE MINORITY LEADER
 OF  THE  ASSEMBLY.  IN ADDITION, THE COMMISSIONER OF GENERAL SERVICES OR
 HIS OR HER DESIGNEE SHALL SERVE AS AN EX-OFFICIO MEMBER OF THE  COUNCIL.
 THE  MEMBERS  OF  THE  COUNCIL SHALL, TO THE EXTENT PRACTICABLE, INCLUDE
 PERSONS REPRESENTING  THE  FOLLOWING  INTERESTS:  WILDLIFE  CONSERVATION
 ORGANIZATIONS,  STATE  AND  FEDERAL WILDLIFE AGENCIES, ARCHITECTS, LAND-
 SCAPE ARCHITECTS,  WINDOW  MANUFACTURERS  AND  DISTRIBUTORS,  COMMERCIAL
 BUILDING  MANAGERS, AND ACADEMIA. THE MEMBERSHIP OF THE COUNCIL SHALL BE
 BROADLY REPRESENTATIVE OF THE GEOGRAPHIC AREAS OF THE STATE.
   B. SUCH COUNCIL SHALL DEVELOP RULES,  REGULATIONS  AND  PROCEDURES  AS
 NECESSARY  FOR  IT  TO EFFECTIVELY ADMINISTER THE COUNCIL'S RESPONSIBIL-
 ITIES PURSUANT TO THIS SECTION.  SUCH COUNCIL SHALL ALSO PROMOTE  PUBLIC
 AWARENESS  OF  THIS  ISSUE  AND  CONSULT WITH ANY ENTITY INCLUDING OTHER
 SUSTAINABLE BUILDING DESIGN ORGANIZATIONS TO CARRY OUT THE PROVISIONS OF
 THIS SECTION.
   C. 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.
   2. THE BIRD-FRIENDLY BUILDING COUNCIL SHALL CONDUCT A STUDY THAT SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   A. ASSESS AND QUANTIFY THE EXTENT AND MAGNITUDE OF THE PROBLEM  STATE-
 WIDE  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

 S. 25--B                            3
 
 COLLISIONS AND SHALL INCLUDE AN ASSESSMENT ON SPECIES  AT  RISK  DUE  TO
 RARITY AND ENDANGERMENT;
   B.  RECOMMEND  CRITERIA AND GUIDELINES FOR IDENTIFYING EXISTING BUILD-
 INGS WHICH POSE A DANGER TO BIRD SPECIES DUE TO  THE  THREAT  OF  COLLI-
 SIONS;
   C.  IDENTIFY  EXISTING AND EMERGING PRODUCTS, TECHNOLOGIES, STRATEGIES
 AND CONCEPTS WHICH CAN REDUCE OR ELIMINATE BIRD MORTALITY FROM  BUILDING
 COLLISIONS;
   D.  IDENTIFY  POTENTIAL  FUNDING  SOURCES, FOR THE RETROFITTING AND/OR
 REPLACEMENT OF WINDOWS OF EXISTING BUILDINGS  WHICH  POSE  A  THREAT  TO
 BIRDS AND THE IMPLEMENTATION OF OTHER MITIGATION STRATEGIES;
   E.  SUPPORT  RESEARCH  TO  BETTER UNDERSTAND PARTICULAR ASPECTS OF THE
 BUILDING-BIRD COLLISION ISSUE; AND
   F. IN COOPERATION WITH  THE  DEPARTMENT  AND  THE  OFFICE  OF  GENERAL
 SERVICES,  DEVELOP  A  SET  OF  RECOMMENDATIONS  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.
   3. SUCH COUNCIL MAY REQUEST, AND IS AUTHORIZED TO RECEIVE, ANY  INFOR-
 MATION  FROM  ANY  STATE  AGENCY  THAT  IS  RELEVANT AND MATERIAL TO THE
 COMPLETION OF SUCH STUDY. SUCH  INFORMATION  RECEIVED  BY  SUCH  COUNCIL
 SHALL  BE SUBJECT TO THE SAME REQUIREMENTS FOR CONFIDENTIALITY AND LIMI-
 TATIONS ON USE, IF ANY, AS ARE APPLICABLE TO SUCH STATE AGENCY'S USE  OF
 SUCH INFORMATION.
   4.  WITHIN  EIGHTEEN  MONTHS OF THE EFFECTIVE DATE OF THIS SECTION THE
 COUNCIL SHALL SUBMIT SUCH STUDY TO THE GOVERNOR, THE TEMPORARY PRESIDENT
 OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. SUCH STUDY SHALL ALSO BE
 POSTED ON THE DEPARTMENT'S WEBSITE.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.