A04055 Summary:

BILL NOA04055A
 
SAME ASSAME AS S00025-A
 
SPONSOREnglebright (MS)
 
COSPNSRRosenthal L
 
MLTSPNSRGottfried
 
Add 3-0121, En Con L
 
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; and develop public awareness.
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A04055 Actions:

BILL NOA04055A
 
01/31/2019referred to governmental operations
04/05/2019amend and recommit to governmental operations
04/05/2019print number 4055a
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A04055 Committee Votes:

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A04055 Floor Votes:

There are no votes for this bill in this legislative session.
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A04055 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4055--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, L. ROSENTHAL -- Multi-Sponsored by
          -- M. of A.  GOTTFRIED -- read once and referred to the  Committee  on
          Governmental Operations -- 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:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "bird-friendly building council act".
     3    § 2. Legislative findings. The legislature finds that:
     4    (a) a federal multi-agency report issued in 2009, entitled "The  State
     5  of the Birds, United States of America", provides the most comprehensive
     6  assessment to date on the status of bird populations;
     7    (b)  the  multi-agency  report concludes that nearly one-third of this
     8  nation's 800 bird species are endangered, threatened or  in  significant
     9  decline;
    10    (c)  daytime  and nighttime collisions with man-made structures is the
    11  most significant quantifiable cause of avian mortality and is increasing
    12  with adverse effects being seen at a  population  level  with  estimates
    13  ranging  from  several  hundred  million to one billion birds dying from
    14  collisions annually in the United States;
    15    (d) not only are birds beautiful, interesting  and  fascinating  crea-
    16  tures  that  are  eagerly  welcomed  by millions of Americans into their
    17  backyards every year, but birds also have significant  positive  impacts
    18  on the economies of the United States and New York state;
    19    (e)  the  United  States  Fish  and Wildlife Service has reported that
    20  birdwatchers contribute thirty-six billion dollars annually to the econ-
    21  omy, and birds naturally provide  billions  of  dollars  worth  of  pest
    22  control, benefitting farmers, forestry owners and consumers alike;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04078-03-9

        A. 4055--A                          2
 
     1    (f)   bird-safe   design   features   can  be  incorporated  into  new
     2  construction and major renovation projects at no to minimal extra  cost;
     3  and  existing buildings may be made bird-safe through the use of simple,
     4  relatively low-cost adaptations;
     5    (g)  these  design features have already been implemented in buildings
     6  constructed and renovated both in New  York  state  and  throughout  the
     7  country;
     8    (h)  numerous municipalities and political subdivisions throughout the
     9  country have developed guidelines and standards promoting  bird-friendly
    10  building design; and
    11    (i)  under  the  aegis of the department of environmental conservation
    12  there is merit and value to the establishment of a bird-friendly  build-
    13  ing  council  whose mission is to undertake a comprehensive analysis and
    14  develop a set of recommended  responses  to  this  significant  wildlife
    15  issue.
    16    §  3.  The  environmental  conservation law is amended by adding a new
    17  section 3-0121 to read as follows:
    18  § 3-0121. Bird-friendly building council.
    19    1. There is hereby  established  in  the  department  a  bird-friendly
    20  building  council.  Such  council  shall be composed of fifteen members,
    21  which shall include the commissioner, who shall  be  the  chair  of  the
    22  council, and fourteen members to be appointed as follows: twelve members
    23  appointed  by  the  commissioner;  one member appointed by the temporary
    24  president of the senate; and one member appointed by the speaker of  the
    25  assembly.  The members of the council shall include persons representing
    26  the following interests: wildlife conservation organizations, state  and
    27  federal  wildlife  agencies,  architects,  landscape  architects, window
    28  manufacturers and distributors, commercial building managers, and acade-
    29  mia.  The wildlife conservation organizations represented on the council
    30  shall include the American Bird Conservancy, New York City Audubon,  New
    31  York  State  Audubon  and  the  Long Island Audubon Council. The federal
    32  wildlife agency representation shall include the Division  of  Migratory
    33  Bird  Management  of the U.S. Fish and Wildlife Service.  The membership
    34  of the council shall be broadly representative of the  geographic  areas
    35  of  the  state. Furthermore, the members of the council shall receive no
    36  compensation for their services but shall be allowed  their  actual  and
    37  necessary  expenses incurred in the performance of their duties pursuant
    38  to this section.   In addition, the  commissioner  of  general  services
    39  shall serve as an ex-officio member of the council.
    40    2. The bird-friendly building council shall:
    41    a.  develop such rules, regulations and procedures as necessary for it
    42  to effectively administer its responsibilities;
    43    b. attempt to assess and quantify the  extent  and  magnitude  of  the
    44  problem  statewide  caused by diurnal and nocturnal birds colliding with
    45  buildings. This effort shall identify those species most commonly killed
    46  during daytime collisions, those species  more  commonly  killed  during
    47  nighttime  collisions and shall include an assessment on species at risk
    48  due to rarity and endangerment;
    49    c. develop criteria and guidelines for  identifying  and  prioritizing
    50  existing buildings which pose a danger to bird species due to the threat
    51  of collisions;
    52    d.  identify  existing and emerging products, technologies, strategies
    53  and concepts which can reduce or eliminate bird mortality from  building
    54  collisions;

        A. 4055--A                          3
 
     1    e. identify potential funding sources, to fund the retrofitting and/or
     2  replacement  of  windows  of existing problematic buildings which pose a
     3  threat to birds and the implementation of other mitigative strategies;
     4    f.  promote  public  awareness  of  this issue and what members of the
     5  public can do to mitigate impacts;
     6    g. support and fund additional research to better  understand  partic-
     7  ular aspects of the building-bird collision issue;
     8    h. consult with other sustainable building design organizations; and
     9    i.  in  cooperation  with  the  department  and  the office of general
    10  services, develop a set of proposed  standards  governing  bird-friendly
    11  building designs which include features, materials, technologies, strat-
    12  egies, and concepts to reduce, minimize, and/or eliminate bird mortality
    13  involving  building collisions. The council shall develop these proposed
    14  standards within eighteen months of its establishment and make a copy of
    15  them available to the governor, senate majority leader, and  speaker  of
    16  the assembly for their consideration of being codified in state law.
    17    §  4. This act shall take effect on the first of January next succeed-
    18  ing the date on which it shall have become a law.
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