Relates to deterring bird collisions on construction sites by adopting safety measures including but not limited to bird friendly building glass or other building construction and design techniques incorporating bird-safe building materials and design features.
STATE OF NEW YORK
2019-2020 Regular Sessions
January 9, 2019
Introduced by M. of A. GLICK -- read once and referred to the Committee
AN ACT to amend the administrative code of the city of New York, in
relation to deterring bird collisions on construction sites
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 27-645.1 to read as follows:
3 § 27-645.1 Bird collision deterrence. (a) As used in this section, the
4 following terms shall have the following meanings:
5 (1) "construction work" shall mean any or all work or operations
6 necessary or incidental to the erection, demolition, assembling,
7 installing, or equipping of buildings, or any alterations and operations
8 incidental thereto;
9 (2) "substantial reconstruction work" shall mean any work in which the
10 construction work affects at least fifty percent of the building's floor
11 area. Such term shall also mean any work in which the construction work
12 results in glazing at least fifty percent of the building's windows; and
13 (3) "bird collision deterrent safety measures" shall mean any meas-
14 ures, including, but not limited to, bird friendly building glass or
15 other building construction and design techniques incorporating bird-
16 safe building materials and design features identified in the rules and
17 regulations required to be adopted pursuant to subdivision (b) of this
19 (b) The commissioner shall, no later than January first, two thousand
20 twenty-one, adopt rules and regulations establishing what constitutes
21 bird collision deterrent safety measures. In adopting such rules and
22 regulations, the department shall consider information including, but
23 not limited to: (i) the best practices for reducing bird collisions with
24 buildings and building glass developed by the division of migratory bird
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 705 2
1 management in the United States fish and wildlife service, and (ii) the
2 credit for bird collision deterrence developed as part of the leadership
3 in energy and environmental design (LEED) green building rating system,
4 adopted by the United States green building council. The commissioner
5 shall update such rules and regulations no less than every five years.
6 (c) Whenever a building undergoes construction work or substantial
7 reconstruction work such building shall be designed and constructed to
8 comply with bird collision deterrent safety measures.
9 (d) The commissioner shall not issue a certificate of occupancy pursu-
10 ant to article one hundred eighteen of this code until the applicant
11 complies with the provisions of this section.
12 § 2. This act shall take effect immediately and shall apply to all
13 construction documents received after January 1, 2021.