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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S4204-2011 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

S4204-2011 Meetings

Investigations and Government Operations: Jun 7, 2011

S4204-2011 Votes

S4204-2011 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.

S4204-2011 Text

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

                                    4204

                         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

  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;

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09911-04-1

 S. 4204                             2

    (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

 S. 4204                             3

  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;

 S. 4204                             4

    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.

 S. 4204                             5

    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.