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.
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.
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.
