Bill Text: NY A07808 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced) 2024-02-27 - print number 7808a [A07808 Detail]

Download: New_York-2023-A07808-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7808

                               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

        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 "bird safe
     2  buildings act".
     3    § 2. The public buildings law is amended by adding a new  section  147
     4  to read as follows:
     5    §  147. 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;
    21    (b) acquired; or
    22    (c)  of  which  more than fifty percent of the facade is substantially
    23  altered, as determined by the commissioner.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11333-03-3

        A. 7808                             2

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