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S07098 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7098--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 18, 2023
                                       ___________
 
        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Investigations  and
          Government  Operations  --  recommitted  to  the Committee on Investi-
          gations and Government Operations in accordance with  Senate  Rule  6,
          sec.  8  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the public buildings law, in relation to  directing  the
          commissioner  of general services to incorporate practices and strate-
          gies to reduce bird fatality resulting from  collisions  with  certain
          state-owned buildings, and for other purposes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the  "feathered
     2  lives also count act".
     3    §  2.  The public buildings law is amended by adding a new section 148
     4  to read as follows:
     5    § 148. Use of bird-safe features, practices, and strategies in  state-
     6  owned buildings. 1. As used in this section:
     7    (a)  "state agency" means any state department, office, board, bureau,
     8  commission, agency, or any public authority  or  public  benefit  corpo-
     9  ration at least one of whose members is appointed by the governor;
    10    (b)  "state-owned building" means any building owned by a state agency
    11  used for official state business; and
    12    (c) "state-leased building" means  any  building  or  portion  of  any
    13  building  leased by a state agency for office, departmental, or residen-
    14  tial occupancy.
    15    2. The commissioner of general services  shall  incorporate  features,
    16  practices,  and strategies to reduce bird fatality resulting from colli-
    17  sions with state-owned buildings and,  where  practicable,  state-leased
    18  buildings.    Such  features, practices and strategies shall be incorpo-
    19  rated for each building:
    20    (a) constructed;
    21    (b) acquired; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11333-04-4

        S. 7098--A                          2
 
     1    (c) of which more than fifty percent of the  facade  is  substantially
     2  altered, as determined by the commissioner.
     3    3.  The  commissioner, in consultation with the department of environ-
     4  mental conservation, shall develop a  design  guide  to  carry  out  the
     5  provisions  of subdivision two of this section that includes the follow-
     6  ing:
     7    (a) features for reducing bird fatality resulting from collisions with
     8  state-owned buildings and, where  practicable,  state-leased  buildings,
     9  throughout  all  construction  phases, taking into account the number of
    10  each such bird fatality that occurs at different  types  of  state-owned
    11  buildings and, where practicable, state-leased buildings;
    12    (b)  methods  and strategies for reducing bird fatality resulting from
    13  collisions with state-owned buildings  and,  where  practicable,  state-
    14  leased  buildings,  during  the operation and maintenance of such build-
    15  ings;
    16    (c) best practices for reducing bird fatality  resulting  from  colli-
    17  sions  with  state-owned  buildings and, where practicable, state-leased
    18  buildings, including but not limited to:
    19    (i)  eliminating  non-essential  lighting  during  spring   and   fall
    20  migration;
    21    (ii)  use of bird-safe film or other after-market products designed to
    22  reduce bird collisions;
    23    (iii) architectural or design elements that reduce the risk of  colli-
    24  sions;
    25    (iv)  use  of  bird-friendly  glass in new construction or renovations
    26  that require substantial alterations; and
    27    (v) placement of landscaping features and green roofs; and
    28    (d) information on how to participate in citizen science efforts  that
    29  document bird collisions in New York state.
    30    4.  To  carry out the provisions of paragraph (c) of subdivision three
    31  of this section, the commissioner  shall  identify  best  practices  for
    32  reducing bird fatality resulting from collisions with state-owned build-
    33  ings  and,  where  practicable,  state-leased  buildings, including best
    34  practices recommended by:
    35    (a) state, federal, and municipal  agencies  with  expertise  in  bird
    36  conservation;
    37    (b) nongovernmental organizations with expertise in bird conservation;
    38  and
    39    (c) representatives of green building certification systems.
    40    5.  The  commissioner  shall  disseminate  the  design guide developed
    41  pursuant to subdivision three of this section to all state agencies with
    42  independent leasing authority from the commissioner.
    43    6. The commissioner shall, every five years, update the  design  guide
    44  developed  pursuant to subdivision three of this section with respect to
    45  the priorities of the commissioner for reducing bird fatality  resulting
    46  from  collisions  with  state-owned  buildings  and,  where practicable,
    47  state-leased buildings.
    48    7. This section shall not apply to any building  or  site  listed,  or
    49  eligible for listing, on the National Register of Historic Places.
    50    8.  Not later than October first of each fiscal year, the commissioner
    51  shall certify to the governor, the temporary president  of  the  senate,
    52  and  the  speaker  of the assembly that the commissioner uses the design
    53  guide developed pursuant to subdivision three of this section for build-
    54  ings described in subdivision two of this section.
    55    § 3. This act shall take effect immediately.
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