A04055 Summary:

BILL NOA04055B
 
SAME ASSAME AS S00025-B
 
SPONSOREnglebright (MS)
 
COSPNSRRosenthal L, Rozic, Weprin, McDonald, Thiele, Simon, Steck, Colton, Mosley, Otis, Ortiz
 
MLTSPNSRGalef, Gottfried
 
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 NOA04055B
 
01/31/2019referred to governmental operations
04/05/2019amend and recommit to governmental operations
04/05/2019print number 4055a
05/16/2019amend and recommit to governmental operations
05/16/2019print number 4055b
05/21/2019reported referred to ways and means
06/04/2019reported referred to rules
06/13/2019reported
06/13/2019rules report cal.256
06/13/2019ordered to third reading rules cal.256
06/18/2019substituted by s25b
 S00025 AMEND=B HOYLMAN
 01/09/2019REFERRED TO ENVIRONMENTAL CONSERVATION
 03/19/20191ST REPORT CAL.307
 03/20/20192ND REPORT CAL.
 03/25/2019ADVANCED TO THIRD READING
 04/08/2019AMENDED ON THIRD READING 25A
 04/30/2019PASSED SENATE
 04/30/2019DELIVERED TO ASSEMBLY
 04/30/2019referred to governmental operations
 06/05/2019RECALLED FROM ASSEMBLY
 06/05/2019returned to senate
 06/05/2019VOTE RECONSIDERED - RESTORED TO THIRD READING
 06/05/2019AMENDED ON THIRD READING 25B
 06/11/2019REPASSED SENATE
 06/11/2019RETURNED TO ASSEMBLY
 06/11/2019referred to ways and means
 06/18/2019substituted for a4055b
 06/18/2019ordered to third reading rules cal.256
 06/18/2019passed assembly
 06/18/2019returned to senate
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A04055 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Titus DATE:05/21/2019AYE/NAY:14/0 Action: Favorable refer to committee Ways and Means
TitusAyeJohnsAye
GalefAyeGoodellAye
GlickAyeLalorAye
KimAyeByrneAye
BuchwaldAye
BichotteAye
BlakeAye
HyndmanAye
WilliamsAye
EpsteinAye

WAYS AND MEANS Chair:Weinstein DATE:06/04/2019AYE/NAY:26/7 Action: Favorable refer to committee Rules
WeinsteinAyeBarclayNay
LentolAyeCrouchNay
SchimmingerAyeFitzpatrickAye
GanttExcusedHawleyNay
GlickAyeMalliotakisAye
NolanAyeMontesanoAye
PretlowAyeRaNay
PerryAyeBlankenbushNay
ColtonAyePalmesanoNay
CookAyeNorrisNay
CahillAye
AubryAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezExcused
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye

RULES Chair:Gottfried DATE:06/13/2019AYE/NAY:26/0 Action: Favorable
HeastieExcusedKolbAye
GottfriedAyeCrouchAye
LentolAyeFinchAye
GanttExcusedBarclayAye
NolanExcusedRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookExcused
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusAye
Peoples-StokesExcused
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye

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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--B
 
                               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 -- again
          reported from said committee with  amendments,  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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04078-04-9

        A. 4055--B                          2
 
     1  omy, and birds naturally provide  billions  of  dollars  worth  of  pest
     2  control, benefitting farmers, forestry owners and consumers alike;
     3    (f)   bird-safe   design   features   can  be  incorporated  into  new
     4  construction and major renovation projects at no to minimal extra  cost;
     5  and  existing buildings may be made bird-safe through the use of simple,
     6  relatively low-cost adaptations;
     7    (g) these design features have already been implemented  in  buildings
     8  constructed  and  renovated  both  in  New York state and throughout the
     9  country;
    10    (h) numerous municipalities and political subdivisions throughout  the
    11  country  have developed guidelines and standards promoting bird-friendly
    12  building design; and
    13    (i) under the aegis of the department  of  environmental  conservation
    14  there  is merit and value to the establishment of a bird-friendly build-
    15  ing council whose mission is to undertake a comprehensive  analysis  and
    16  develop  a  set  of  recommended  responses to this significant wildlife
    17  issue.
    18    § 3. The environmental conservation law is amended  by  adding  a  new
    19  section 3-0121 to read as follows:
    20  § 3-0121. Bird-friendly building council.
    21    1.  a.  There  is hereby established in the department a bird-friendly
    22  building council. Such council shall be  composed  of  fifteen  members,
    23  which  shall  include the commissioner or his or her designee, who shall
    24  be the chair of the council, and fourteen members  to  be  appointed  as
    25  follows:    six  members  appointed  by  the commissioner; three members
    26  appointed by the temporary president of the senate; one member appointed
    27  by the minority leader of the senate; three  members  appointed  by  the
    28  speaker of the assembly; and one member appointed by the minority leader
    29  of  the  assembly.  In addition, the commissioner of general services or
    30  his or her designee shall serve as an ex-officio member of the  council.
    31  The  members  of  the  council shall, to the extent practicable, include
    32  persons representing  the  following  interests:  wildlife  conservation
    33  organizations,  state  and  federal wildlife agencies, architects, land-
    34  scape architects,  window  manufacturers  and  distributors,  commercial
    35  building  managers, and academia. The membership of the council shall be
    36  broadly representative of the geographic areas of the state.
    37    b. Such council shall develop rules,  regulations  and  procedures  as
    38  necessary  for  it  to effectively administer the council's responsibil-
    39  ities pursuant to this section.  Such council shall also promote  public
    40  awareness  of  this  issue  and  consult with any entity including other
    41  sustainable building design organizations to carry out the provisions of
    42  this section.
    43    c. The members of the council shall receive no compensation for  their
    44  services  but  shall  be  allowed  their  actual  and necessary expenses
    45  incurred in the performance of their duties pursuant to this section.
    46    2. The bird-friendly building council shall conduct a study that shall
    47  include, but not be limited to, the following:
    48    a. assess and quantify the extent and magnitude of the problem  state-
    49  wide  caused  by  diurnal  and nocturnal birds colliding with buildings.
    50  This effort shall identify those species  most  commonly  killed  during
    51  daytime  collisions, those species more commonly killed during nighttime
    52  collisions and shall include an assessment on species  at  risk  due  to
    53  rarity and endangerment;
    54    b.  recommend  criteria and guidelines for identifying existing build-
    55  ings which pose a danger to bird species due to  the  threat  of  colli-
    56  sions;

        A. 4055--B                          3
 
     1    c.  identify  existing and emerging products, technologies, strategies
     2  and concepts which can reduce or eliminate bird mortality from  building
     3  collisions;
     4    d.  identify  potential  funding  sources, for the retrofitting and/or
     5  replacement of windows of existing buildings  which  pose  a  threat  to
     6  birds and the implementation of other mitigation strategies;
     7    e.  support  research  to  better understand particular aspects of the
     8  building-bird collision issue; and
     9    f. in cooperation with  the  department  and  the  office  of  general
    10  services,  develop  a  set  of  recommendations  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.
    14    3. Such council may request, and is authorized to receive, any  infor-
    15  mation  from  any  state  agency  that  is  relevant and material to the
    16  completion of such study. Such  information  received  by  such  council
    17  shall  be subject to the same requirements for confidentiality and limi-
    18  tations on use, if any, as are applicable to such state agency's use  of
    19  such information.
    20    4.  Within  eighteen  months of the effective date of this section the
    21  council shall submit such study to the governor, the temporary president
    22  of the senate, and the speaker of the assembly. Such study shall also be
    23  posted on the department's website.
    24    § 4. This act shall take effect on the first of January next  succeed-
    25  ing the date on which it shall have become a law.
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