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A03410 Summary:

BILL NOA03410
 
SAME ASSAME AS S00073
 
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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A03410 Actions:

BILL NOA03410
 
01/27/2017referred to governmental operations
01/03/2018referred to governmental operations
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A03410 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3410
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, ROSENTHAL -- Multi-Sponsored by --
          M. of A.  GOTTFRIED -- read once and  referred  to  the  Committee  on
          Governmental Operations
 
        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;
    23    (f)   bird-safe   design   features   can  be  incorporated  into  new
    24  construction and major renovation projects at no to minimal extra  cost;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03732-01-7

        A. 3410                             2
 
     1  and  existing buildings may be made bird-safe through the use of simple,
     2  relatively low-cost adaptations;
     3    (g)  these  design features have already been implemented in buildings
     4  constructed and renovated both in New  York  state  and  throughout  the
     5  country;
     6    (h)  numerous municipalities and political subdivisions throughout the
     7  country have developed guidelines and standards promoting  bird-friendly
     8  building design; and
     9    (i)  under  the  aegis of the department of environmental conservation
    10  there is merit and value to the establishment of a bird-friendly  build-
    11  ing  council  whose mission is to undertake a comprehensive analysis and
    12  develop a set of recommended  responses  to  this  significant  wildlife
    13  issue.
    14    §  3.  The  environmental  conservation law is amended by adding a new
    15  section 3-0121 to read as follows:
    16  § 3-0121. Bird-friendly building council.
    17    1. There is hereby  established  in  the  department  a  bird-friendly
    18  building council. Such council shall be composed of not less than eleven
    19  members  and  no  more  than  fifteen  members,  which shall include the
    20  commissioner, who shall be the chair of the council and a minimum of ten
    21  members and a maximum of fourteen members appointed by the commissioner.
    22  The members appointed by the commissioner shall include persons  repres-
    23  enting  the  following  interests:  wildlife conservation organizations,
    24  state and federal wildlife agencies, architects,  landscape  architects,
    25  window manufacturers and distributors, commercial building managers, and
    26  academia.    The  wildlife conservation organizations represented on the
    27  council shall include the American Bird Conservancy, New York City Audu-
    28  bon, New York State Audubon and the Long  Island  Audubon  Council.  The
    29  federal  wildlife  agency  representation  shall include the Division of
    30  Migratory Bird Management of the U.S. Fish and Wildlife  Service.    The
    31  membership  of  the  council  shall  be  broadly  representative  of the
    32  geographic areas of the state. Furthermore, the members of  the  council
    33  shall  receive  no  compensation for their services but shall be allowed
    34  their actual and necessary expenses incurred in the performance of their
    35  duties pursuant to this section.    In  addition,  the  commissioner  of
    36  general services shall serve as an ex-officio member of the council.
    37    2. The bird-friendly building council shall:
    38    a.  develop such rules, regulations and procedures as necessary for it
    39  to effectively administer its responsibilities;
    40    b. attempt to assess and quantify the  extent  and  magnitude  of  the
    41  problem  statewide  caused by diurnal and nocturnal birds colliding with
    42  buildings. This effort shall identify those species most commonly killed
    43  during daytime collisions, those species  more  commonly  killed  during
    44  nighttime  collisions and shall include an assessment on species at risk
    45  due to rarity and endangerment;
    46    c. develop criteria and guidelines for  identifying  and  prioritizing
    47  existing buildings which pose a danger to bird species due to the threat
    48  of collisions;
    49    d.  identify  existing and emerging products, technologies, strategies
    50  and concepts which can reduce or eliminate bird mortality from  building
    51  collisions;
    52    e. identify potential funding sources, to fund the retrofitting and/or
    53  replacement  of  windows  of existing problematic buildings which pose a
    54  threat to birds and the implementation of other mitigative strategies;
    55    f. promote public awareness of this issue  and  what  members  of  the
    56  public can do to mitigate impacts;

        A. 3410                             3
 
     1    g.  support  and fund additional research to better understand partic-
     2  ular aspects of the building-bird collision issue;
     3    h. consult with other sustainable building design organizations; and
     4    i.  in  cooperation  with  the  department  and  the office of general
     5  services, develop a set of proposed  standards  governing  bird-friendly
     6  building designs which include features, materials, technologies, strat-
     7  egies, and concepts to reduce, minimize, and/or eliminate bird mortality
     8  involving  building collisions. The council shall develop these proposed
     9  standards within eighteen months of its establishment and make a copy of
    10  them available to the governor, senate majority leader, and  speaker  of
    11  the assembly for their consideration of being codified in state law.
    12    §  4. This act shall take effect on the first of January next succeed-
    13  ing the date on which it shall have become a law.
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