This bill has been amended

Bill S4204-2011

Enacts the "bird-friendly buildings act" to require use of bird-friendly building materials and design features in buildings

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; develop public awareness.

Details

Actions

  • Jun 7, 2011: REPORTED AND COMMITTED TO FINANCE
  • Mar 23, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Jun 7, 2011
Ayes (5): Marcellino, Alesi, Golden, Nozzolio, Diaz
Ayes W/R (3): Zeldin, Squadron, Peralta

Memo

BILL NUMBER:S4204

TITLE OF BILL: An act to amend the public buildings law, the general municipal law, the executive law, the environmental conservation law and the state finance law, in relation to enacting the "bird-friendly buildings act"

PURPOSE OR GENERAL IDEA OF BILL: Enacts the "bird friendly building materials and design features, address interior and exterior lighting and use of reflective glass. The establishment of a bird-friendly building council within the office of environmental conservation. Identify and provide for the retrofitting of buildings which pose a threat to bird populations in the state. The department shall annually print and make available for sale a unique migratory bird protection stamp. All moneys from the sale of the stamp shall be deposited in the "bird-friendly building fund" established in the joint custody of the comptroller and the commissioner of taxation and finance.

SUMMARY OF SPECIFIC PROVISIONS: To use bird-friendly building materials and design features, address interior and exterior lighting and use of reflective glass. The establishment of a bird-friendly building council within the office of environmental conservation. Identify and provide for the retrofitting of buildings which pose a threat to bird populations in the state. The department shall annually print and make available for sale a unique migratory bird protection stamp. All moneys from the sale of the stamp shall be deposited in the "bird-friendly building fund" established in the joint custody of the comptroller and the commissioner of taxation and finance.

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: New bill.

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4204 2011-2012 Regular Sessions IN SENATE March 23, 2011 ___________
Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the public buildings law, the general municipal law, the executive law, the environmental conservation law and the state finance law, in relation to enacting the "bird-friendly buildings 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 buildings act". S 2. Legislative findings. The legislature hereby 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 are the most significant, quantifiable causes of avian mortality and are 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 an impact on the United States and the New York state economies; (e) the United States Fish and Wildlife Service has reported that birdwatchers contribute thirty-six million 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-friendly 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-friendly through the use of simple, low-cost adaptations; and (g) these design features have already been implemented in buildings constructed and renovated both in this state and throughout the country. S 3. The public buildings law is amended by adding a new section 8-a to read as follows: S 8-A. USE OF BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES. 1. EACH PUBLIC BUILDING CONSTRUCTED, ALTERED OR ACQUIRED BY THE OFFICE OF GENERAL SERVICES SHALL INCORPORATE, TO THE EXTENT PRACTICABLE AND AS DETERMINED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES. 2. IN ALL PUBLIC BUILDINGS, THE COMMISSIONER OF GENERAL SERVICES, WHERE PRACTICABLE, SHALL: (A) INCORPORATE BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES; AND (B) ADDRESS INTERIOR AND EXTERIOR LIGHTING AND REFLECTIVE GLASS IMPACTS ON NATIVE BIRD SPECIES. 3. FOR THE PURPOSES OF THIS SECTION, "BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES" MAY INCLUDE MATERIALS AND FEATURES RECOMMENDED BY: (A) FEDERAL LAW, AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERE- TO; (B) THE CITY OF CHICAGO'S "BIRD-SAFE BUILDING DESIGN GUIDE FOR NEW CONSTRUCTION AND RENOVATION"; (C) THE CITY OF TORONTO'S "BIRD-FRIENDLY DEVELOPMENT GUIDELINES"; AND (D) THE AMERICAN BIRD CONSERVANCY AND NEW YORK CITY AUDUBON'S "BIRD-SAFE BUILDING GUIDELINES". S 4. The general municipal law is amended by adding a new section 77-f to read as follows: S 77-F. USE OF BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES. 1. EACH PUBLIC BUILDING CONSTRUCTED, ALTERED OR ACQUIRED BY A MUNICIPAL CORPORATION OR SCHOOL DISTRICT, OR ANY AGENCY THEREOF SHALL INCORPORATE, TO THE EXTENT PRACTICABLE AND AS DETERMINED BY THE COMMISSIONER OF ENVI- RONMENTAL CONSERVATION, BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES. 2. IN ALL PUBLIC BUILDINGS, A MUNICIPAL CORPORATION OR SCHOOL DISTRICT, OR ANY AGENCY THEREOF, WHERE PRACTICABLE, SHALL: (A) INCORPORATE BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES; AND (B) ADDRESS INTERIOR AND EXTERIOR LIGHTING, AND REFLECTIVE GLASS IMPACTS ON NATIVE BIRD SPECIES. 3. FOR THE PURPOSES OF THIS SECTION, "BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES" MAY INCLUDE MATERIALS AND FEATURES RECOMMENDED BY: (A) FEDERAL LAW, AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERE- TO; (B) THE CITY OF CHICAGO'S "BIRD-SAFE BUILDING DESIGN GUIDE FOR NEW CONSTRUCTION AND RENOVATION"; (C) THE CITY OF TORONTO'S "BIRD-FRIENDLY DEVELOPMENT GUIDELINES"; AND (D) THE AMERICAN BIRD CONSERVANCY AND NEW YORK CITY AUDUBON'S "BIRD-SAFE BUILDING GUIDELINES". S 5. Section 378 of the executive law is amended by adding a new subdivision 17 to read as follows: 17. A. REQUIRE EVERY BUILDING, CONSTRUCTED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, WHICH HAS ONE THOUSAND SIX HUNDRED OR MORE SQUARE FEET OF EXTERIOR GLASS TO INCORPORATE, TO THE EXTENT PRACTICABLE
AND AS DETERMINED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES. ALL SUCH BUILDINGS SHALL: (I) INCORPORATE BIRD-FRIENDLY BUILDING MATERIALS AND DESIGN FEATURES; AND (II) ADDRESS INTERIOR AND EXTERIOR LIGHTING, AND REFLECTIVE GLASS IMPACTS ON NATIVE BIRD SPECIES. B. FOR THE PURPOSES OF THIS SUBDIVISION, "BIRD-FRIENDLY BUILDING MATE- RIALS AND DESIGN FEATURES" MAY INCLUDE MATERIALS AND FEATURES RECOM- MENDED BY: (I) FEDERAL LAW, AND THE RULES AND REGULATIONS ADOPTED PURSUANT THERE- TO; (II) THE CITY OF CHICAGO'S "BIRD-SAFE BUILDING DESIGN GUIDE FOR NEW CONSTRUCTION AND RENOVATION"; (III) THE CITY OF TORONTO'S "BIRD-FRIENDLY DEVELOPMENT GUIDELINES"; AND (IV) THE AMERICAN BIRD CONSERVANCY AND NEW YORK CITY AUDUBON'S "BIRD- SAFE BUILDING GUIDELINES". S 6. 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 NOR MORE THAN FIFTEEN MEMBERS, WHICH SHALL INCLUDE THE COMMISSIONER, WHO SHALL BE THE CHAIR OF THE COUNCIL, AND NOT LESS THAN TEN, NOR MORE THAN FOURTEEN MEMBERS APPOINTED BY THE COMMISSIONER. THE MEMBERS APPOINTED BY THE COMMISSIONER SHALL INCLUDE PERSONS REPRESENTING THE FOLLOWING INTER- ESTS: 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 AUDUBON AND THE LONG ISLAND AUDUBON COUNCIL. THE FEDERAL WILDLIFE AGENCY REPRESENTATION ON THE COUN- CIL 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. FURTHER- MORE, 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, IN ADDITION TO THE PROCEEDS FROM THE SALE OF THE MIGRATORY BIRD PROTECTION STAMP ESTABLISHED PURSU- ANT TO SECTION 11-0307 OF THIS CHAPTER, TO FUND THE RETROFITTING AND/OR REPLACEMENT OF WINDOWS OF EXISTING PROBLEMATIC BUILDINGS, IDENTIFIED PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION, 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; G. SUPPORT AND FUND ADDITIONAL RESEARCH TO BETTER UNDERSTAND PARTIC- ULAR ASPECTS OF THE BUILDING-BIRD COLLISION ISSUE; AND H. CONSULT WITH OTHER SUSTAINABLE BUILDING DESIGN ORGANIZATIONS. S 7. Subdivision 2 of section 3-0301 of the environmental conservation law is amended by adding a new paragraph dd to read as follows: DD. ESTABLISH, IN CONSULTATION WITH THE BIRD-FRIENDLY BUILDING COUNCIL ESTABLISHED PURSUANT TO SECTION 3-0121 OF THIS ARTICLE, CRITERIA TO IDENTIFY AND PROVIDE FOR THE RETROFITTING OF BUILDINGS WHICH POSE A THREAT TO BIRD POPULATIONS IN THE STATE. S 8. Subdivisions 2 and 3 of section 11-0307 of the environmental conservation law, subdivision 2 as added by chapter 494 of the laws of 1984 and subdivision 3 as amended by chapter 42 of the laws of 1991, are amended to read as follows: 2. The department shall, by rule and regulation, establish the means or method for creation of both voluntary migratory bird stamps and migratory bird art prints, their administration, sale and distribution and other matters relating to such voluntary stamps and art prints. The department shall select appropriate works of art that will reflect migratory bird species and/or aquatic ecosystem scenes. The department may prepare or cause to be prepared voluntary migratory bird stamps and prints for any year in excess of the number otherwise to be issued for sale to collectors or other persons desiring to purchase such voluntary stamps or prints. THE DEPARTMENT SHALL ANNUALLY PRINT AND MAKE AVAIL- ABLE FOR SALE A UNIQUE MIGRATORY BIRD PROTECTION STAMP. 3. The department shall prepare or cause to be prepared voluntary migratory bird stamps, INCLUDING THE MIGRATORY BIRD PROTECTION STAMP, and shall furnish such migratory bird stamps annually to license issuing agents and officers for issuance or sale in the same manner as other types of licenses. The department shall, by rule and regulation, estab- lish the fee for such voluntary stamps which shall not exceed five dollars as a fee and fifty cents for the issuing agent or officer for a stamp sold in the year in which it was issued. ALL MONEYS FROM THE SALE OF THE MIGRATORY BIRD PROTECTION STAMP SHALL BE DEPOSITED IN THE "BIRD- FRIENDLY BUILDING FUND" ESTABLISHED PURSUANT TO SECTION NINETY-THREE-A OF THE STATE FINANCE LAW. The purchase of a stamp is voluntary and need not be possessed in order to hunt migratory waterfowl. S 9. The state finance law is amended by adding a new section 93-a to read as follows: S 93-A. BIRD-FRIENDLY BUILDING FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "BIRD-FRIENDLY BUILDING FUND". 2. SUCH FUND SHALL CONSIST OF MONEYS PAID THERETO FROM THE SALE OF THE MIGRATORY BIRD PROTECTION STAMP PURSUANT TO SECTION 11-0307 OF THE ENVI- RONMENTAL CONSERVATION LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
3. MONEYS OF THE FUND FOLLOWING APPROPRIATION THEREOF, SHALL BE EXPENDED PURSUANT TO PARAGRAPH DD OF SUBDIVISION TWO OF SECTION 3-0301 OF THE ENVIRONMENTAL CONSERVATION LAW. S 10. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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