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S00025 Summary:

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S00025 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          25--B
            Cal. No. 307
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by Sens. HOYLMAN, CARLUCCI, HARCKHAM, KAPLAN, KRUEGER, SERRA-
          NO -- read twice and ordered printed, and when printed to be committed
          to  the  Committee on Environmental Conservation -- reported favorably
          from said committee, ordered to first and second report, ordered to  a
          third  reading,  amended and ordered reprinted, retaining its place in
          the order of third reading -- passed by Senate and  delivered  to  the
          Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04078-05-9
        S. 25--B                            2
 
     1  backyards every year, but birds also have significant  positive  impacts
     2  on the economies of the United States and New York state;
     3    (e)  the  United  States  Fish  and Wildlife Service has reported that
     4  birdwatchers contribute thirty-six billion dollars annually to the econ-
     5  omy, and birds naturally provide  billions  of  dollars  worth  of  pest
     6  control, benefitting farmers, forestry owners and consumers alike;
     7    (f)   bird-safe   design   features   can  be  incorporated  into  new
     8  construction and major renovation projects at no to minimal extra  cost;
     9  and  existing buildings may be made bird-safe through the use of simple,
    10  relatively low-cost adaptations;
    11    (g) these design features have already been implemented  in  buildings
    12  constructed  and  renovated  both  in  New York state and throughout the
    13  country;
    14    (h) numerous municipalities and political subdivisions throughout  the
    15  country  have developed guidelines and standards promoting bird-friendly
    16  building design; and
    17    (i) under the aegis of the department  of  environmental  conservation
    18  there  is merit and value to the establishment of a bird-friendly build-
    19  ing council whose mission is to undertake a comprehensive  analysis  and
    20  develop  a  set  of  recommended  responses to this significant wildlife
    21  issue.
    22    § 3. The environmental conservation law is amended  by  adding  a  new
    23  section 3-0121 to read as follows:
    24  § 3-0121. Bird-friendly building council.
    25    1.  a.  There  is hereby established in the department a bird-friendly
    26  building council. Such council shall be  composed  of  fifteen  members,
    27  which  shall  include the commissioner or his or her designee, who shall
    28  be the chair of the council, and fourteen members  to  be  appointed  as
    29  follows:    six  members  appointed  by  the commissioner; three members
    30  appointed by the temporary president of the senate; one member appointed
    31  by the minority leader of the senate; three  members  appointed  by  the
    32  speaker of the assembly; and one member appointed by the minority leader
    33  of  the  assembly.  In addition, the commissioner of general services or
    34  his or her designee shall serve as an ex-officio member of the  council.
    35  The  members  of  the  council shall, to the extent practicable, include
    36  persons representing  the  following  interests:  wildlife  conservation
    37  organizations,  state  and  federal wildlife agencies, architects, land-
    38  scape architects,  window  manufacturers  and  distributors,  commercial
    39  building  managers, and academia. The membership of the council shall be
    40  broadly representative of the geographic areas of the state.
    41    b. Such council shall develop rules,  regulations  and  procedures  as
    42  necessary  for  it  to effectively administer the council's responsibil-
    43  ities pursuant to this section.  Such council shall also promote  public
    44  awareness  of  this  issue  and  consult with any entity including other
    45  sustainable building design organizations to carry out the provisions of
    46  this section.
    47    c. The members of the council shall receive no compensation for  their
    48  services  but  shall  be  allowed  their  actual  and necessary expenses
    49  incurred in the performance of their duties pursuant to this section.
    50    2. The bird-friendly building council shall conduct a study that shall
    51  include, but not be limited to, the following:
    52    a. assess and quantify the extent and magnitude of the problem  state-
    53  wide  caused  by  diurnal  and nocturnal birds colliding with buildings.
    54  This effort shall identify those species  most  commonly  killed  during
    55  daytime  collisions, those species more commonly killed during nighttime
        S. 25--B                            3
 
     1  collisions and shall include an assessment on species  at  risk  due  to
     2  rarity and endangerment;
     3    b.  recommend  criteria and guidelines for identifying existing build-
     4  ings which pose a danger to bird species due to  the  threat  of  colli-
     5  sions;
     6    c.  identify  existing and emerging products, technologies, strategies
     7  and concepts which can reduce or eliminate bird mortality from  building
     8  collisions;
     9    d.  identify  potential  funding  sources, for the retrofitting and/or
    10  replacement of windows of existing buildings  which  pose  a  threat  to
    11  birds and the implementation of other mitigation strategies;
    12    e.  support  research  to  better understand particular aspects of the
    13  building-bird collision issue; and
    14    f. in cooperation with  the  department  and  the  office  of  general
    15  services,  develop  a  set  of  recommendations  governing bird-friendly
    16  building designs which include features, materials, technologies, strat-
    17  egies, and concepts to reduce, minimize, and/or eliminate bird mortality
    18  involving building collisions.
    19    3. Such council may request, and is authorized to receive, any  infor-
    20  mation  from  any  state  agency  that  is  relevant and material to the
    21  completion of such study. Such  information  received  by  such  council
    22  shall  be subject to the same requirements for confidentiality and limi-
    23  tations on use, if any, as are applicable to such state agency's use  of
    24  such information.
    25    4.  Within  eighteen  months of the effective date of this section the
    26  council shall submit such study to the governor, the temporary president
    27  of the senate, and the speaker of the assembly. Such study shall also be
    28  posted on the department's website.
    29    § 4. This act shall take effect on the first of January next  succeed-
    30  ing the date on which it shall have become a law.