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.

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S4204A-2011 Actions

• May 22, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jun 14, 2011: PRINT NUMBER 4204A
• Jun 14, 2011: AMEND (T) AND RECOMMIT TO FINANCE
• Jun 7, 2011: REPORTED AND COMMITTED TO FINANCE
• Mar 23, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4204A-2011 Meetings

Investigations and Government Operations: May 15, 2012, Investigations and Government Operations: May 22, 2012

S4204A-2011 Votes

S4204A-2011 Memo

BILL NUMBER:S4204A

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:
This is a 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.

S4204A-2011 Text

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

                                   4204--A

                         2011-2012 Regular Sessions

                              I N  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 -- reported favorably from said committee and  commit-
    ted to the Committee on Finance -- committee discharged, bill amended,
    ordered reprinted as amended and recommitted to said committee

  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;

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09911-07-1

 S. 4204--A                          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.
    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;

 S. 4204--A                          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.
    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.