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A07808 Summary:

BILL NOA07808A
 
SAME ASSAME AS S07098-A
 
SPONSORKelles
 
COSPNSRLevenberg, Ardila, Simon, Colton, Paulin, Seawright, Brown K, Simone, Steck, Bores, Stern, Lunsford, Rozic, Thiele, Barrett, Stirpe, Burdick, Otis, Rosenthal L, Sillitti, Rajkumar, Lupardo, McMahon, Epstein, Dinowitz
 
MLTSPNSR
 
Add 148, Pub Bldg L
 
Enacts the feathered lives also count act directing the commissioner of general services to incorporate practices and strategies to reduce bird fatality resulting from collisions with certain state-owned or state-leased buildings, and for other purposes; requires the commissioner to develop a design guide that includes features, methods and strategies, and best practices for reducing bird fatalities; requires the commissioner to report to the governor and the legislature.
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A07808 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7808A
 
SPONSOR: Kelles
  TITLE OF BILL: An act to amend the public buildings law, in relation to directing the commissioner of general services to incorporate practices and strategies to reduce bird fatality resulting from collisions with certain state- owned buildings, and for other purposes   PURPOSE: To require certain state-owned buildings to incorporate practices to reduce bird death   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill establishes the act may be cited as the "bird safe buildings act" Section 2 of the bill adds a new section 147 to the public buildings law requiring the commissioner of general services to incorporate features, practices, and strategies to reduce bird fatality resulting from colli- sions with state-owned buildings Section 3 of the bill establishes the effective date.   JUSTIFICATION: Scientists estimate that between three million and a billion birds die in collisions with buildings each year. New York City Audubon estimates that as many as 230,000 birds are killed by buildings in New York City alone every year, likely because migratory birds flying at night collide with skyscrapers' glass windows. Smaller structures pose a threat, too: the American Bird Conservancy estimates that residences and low rise buildings account for 99% of all bird deaths in the United States. These deaths are often tied to light pollution that confuses and attracts birds as they fly. Luckily, there are mitigation strategies. Bird collisions can be prevented through the adoption of bird-friendly design principles, including properly positioned window decals and films, deco- rative facades or grilles, and UV patterned, frosted, or fritted glass. A 2021 study of Chicago bird deaths found that turning some lights off in buildings at night can reduce bird mortality by around 60 percent. Many of these solutions, like eliminating non essential lighting, are low in cost and easy to implement, especially in the planning phase for new construction or during planned renovations. The New York State Bird Safe Buildings Act would reduce bird fatalities in the state by requir- ing that any new or significantly altered state buildings incorporate bird-friendly designs --- an important first step toward reducing unnec- essary bird mortality.   LEGISLATIVE HISTORY: New bill.   EFFECTIVE DATE: This act shall take effect immediately.
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A07808 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7808--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 15, 2023
                                       ___________
 
        Introduced by M. of A. KELLES -- read once and referred to the Committee
          on  Governmental Operations -- recommitted to the Committee on Govern-
          mental Operations in accordance  with  Assembly  Rule  3,  sec.  2  --
          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;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11333-05-4

        A. 7808--A                          2
 
     1    (b) acquired; or
     2    (c)  of  which  more than fifty percent of the facade is substantially
     3  altered, as determined by the commissioner.
     4    3. The commissioner, in consultation with the department  of  environ-
     5  mental  conservation,  shall  develop  a  design  guide to carry out the
     6  provisions of subdivision two of this section that includes the  follow-
     7  ing:
     8    (a) features for reducing bird fatality resulting from collisions with
     9  state-owned  buildings  and,  where practicable, state-leased buildings,
    10  throughout all construction phases, taking into account  the  number  of
    11  each  such  bird  fatality that occurs at different types of state-owned
    12  buildings and, where practicable, state-leased buildings;
    13    (b) methods and strategies for reducing bird fatality  resulting  from
    14  collisions  with  state-owned  buildings  and, where practicable, state-
    15  leased buildings, during the operation and maintenance  of  such  build-
    16  ings;
    17    (c)  best  practices  for reducing bird fatality resulting from colli-
    18  sions with state-owned buildings and,  where  practicable,  state-leased
    19  buildings, including but not limited to:
    20    (i)   eliminating   non-essential  lighting  during  spring  and  fall
    21  migration;
    22    (ii) use of bird-safe film or other after-market products designed  to
    23  reduce bird collisions;
    24    (iii)  architectural or design elements that reduce the risk of colli-
    25  sions;
    26    (iv) use of bird-friendly glass in  new  construction  or  renovations
    27  that require substantial alterations; and
    28    (v) placement of landscaping features and green roofs; and
    29    (d)  information on how to participate in citizen science efforts that
    30  document bird collisions in New York state.
    31    4. To carry out the provisions of paragraph (c) of  subdivision  three
    32  of  this  section,  the  commissioner  shall identify best practices for
    33  reducing bird fatality resulting from collisions with state-owned build-
    34  ings and, where  practicable,  state-leased  buildings,  including  best
    35  practices recommended by:
    36    (a)  state,  federal,  and  municipal  agencies with expertise in bird
    37  conservation;
    38    (b) nongovernmental organizations with expertise in bird conservation;
    39  and
    40    (c) representatives of green building certification systems.
    41    5. The commissioner  shall  disseminate  the  design  guide  developed
    42  pursuant to subdivision three of this section to all state agencies with
    43  independent leasing authority from the commissioner.
    44    6.  The  commissioner shall, every five years, update the design guide
    45  developed pursuant to subdivision three of this section with respect  to
    46  the  priorities of the commissioner for reducing bird fatality resulting
    47  from collisions  with  state-owned  buildings  and,  where  practicable,
    48  state-leased buildings.
    49    7.  This  section  shall  not apply to any building or site listed, or
    50  eligible for listing, on the National Register of Historic Places.
    51    8. Not later than October first of each fiscal year, the  commissioner
    52  shall  certify  to  the governor, the temporary president of the senate,
    53  and the speaker of the assembly that the commissioner  uses  the  design
    54  guide developed pursuant to subdivision three of this section for build-
    55  ings described in subdivision two of this section.
    56    § 3. This act shall take effect immediately.
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