Create Bird-Friendly Building Council

Section 1. Short title. This act shall be known and may be cited as the "bird-friendly building council act".

§ 2. Legislative findings. The legislature finds that:

(a) a federal multi-agency report issued in 2009, entitled "The State of the Birds, United States of America", provides the most comprehensive assessment to date on the status of bird populations;

(b) the multi-agency report concludes that nearly one-third of this nation's 800 bird species are endangered, threatened or in significant decline;

(c) daytime and nighttime collisions with man-made structures is the most significant quantifiable cause of avian mortality and is increasing with adverse effects being seen at a population level with estimates ranging from several hundred million to one billion birds dying from collisions annually in the United States;

(d) not only are birds beautiful, interesting and fascinating creatures 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.

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backyards every year, but birds also have significant positive impacts on the economies of the United States and New York state;

(e) the United States Fish and Wildlife Service has reported that birdwatchers contribute thirty-six billion dollars annually to the economy, and birds naturally provide billions of dollars worth of pest control, benefitting farmers, forestry owners and consumers alike;

(f) bird-safe design features can be incorporated into new construction and major renovation projects at no to minimal extra cost; and existing buildings may be made bird-safe through the use of simple, relatively low-cost adaptations;

(g) these design features have already been implemented in buildings constructed and renovated both in New York state and throughout the country;

(h) numerous municipalities and political subdivisions throughout the country have developed guidelines and standards promoting bird-friendly building design; and

(i) under the aegis of the department of environmental conservation there is merit and value to the establishment of a bird-friendly building council whose mission is to undertake a comprehensive analysis and develop a set of recommended responses to this significant wildlife issue.

§ 3. The environmental conservation law is amended by adding a new section 3-0121 to read as follows: § 3-0121. Bird-friendly building council.

1. a. There is hereby established in the department a bird-friendly building council. Such council shall be composed of fifteen members, which shall include the commissioner or his or her designee, who shall be the chair of the council, and fourteen members to be appointed as follows: six members appointed by the commissioner; three members appointed by the temporary president of the senate; one member appointed by the minority leader of the senate; three members appointed by the speaker of the assembly; and one member appointed by the minority leader of the assembly. In addition, the commissioner of general services or his or her designee shall serve as an ex-officio member of the council. The members of the council shall, to the extent practicable, include persons representing the following interests: wildlife conservation organizations, state and federal wildlife agencies, architects, landscape architects, window manufacturers and distributors, commercial building managers, and academia. The membership of the council shall be broadly representative of the geographic areas of the state.

b. Such council shall develop rules, regulations and procedures as necessary for it to effectively administer the council's responsibilities pursuant to this section. Such council shall also promote public awareness of this issue and consult with any entity including other sustainable building design organizations to carry out the provisions of this section.

c. The members of the council shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their duties pursuant to this section.

2. The bird-friendly building council shall conduct a study that shall include, but not be limited to, the following:

a. assess and quantify the extent and magnitude of the problem statewide caused by diurnal and nocturnal birds colliding with buildings. This effort shall identify those species most commonly killed during daytime collisions, those species more commonly killed during nighttime

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collisions and shall include an assessment on species at risk due to rarity and endangerment;

b. recommend criteria and guidelines for identifying existing buildings which pose a danger to bird species due to the threat of collisions;

c. identify existing and emerging products, technologies, strategies and concepts which can reduce or eliminate bird mortality from building collisions;

d. identify potential funding sources, for the retrofitting and/or replacement of windows of existing buildings which pose a threat to birds and the implementation of other mitigation strategies;

e. support research to better understand particular aspects of the building-bird collision issue; and

f. in cooperation with the department and the office of general services, develop a set of recommendations governing bird-friendly building designs which include features, materials, technologies, strategies, and concepts to reduce, minimize, and/or eliminate bird mortality involving building collisions.

3. Such council may request, and is authorized to receive, any information from any state agency that is relevant and material to the completion of such study. Such information received by such council shall be subject to the same requirements for confidentiality and limitations on use, if any, as are applicable to such state agency's use of such information.

4. Within eighteen months of the effective date of this section the council shall submit such study to the governor, the temporary president of the senate, and the speaker of the assembly. Such study shall also be posted on the department's website.

§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.