In a blow to bird lovers and conservationists, Governor Andrew Cuomo on Wednesday vetoed legislation that would have created a council that would craft regulations for bird-friendly designs in buildings across the state.
Here in New York City, the proliferation of glassy towers has created what experts have described as a "conservation crisis" for the millions of migratory birds that pass through every fall and spring. Between 90,000 to 230,000 birds die in building collisions in the city, according to the New York City Audubon Society.
In his veto memo, the governor called the prevention of bird deaths a "laudatory pursuit" but raised concerns about the potential costs associated with setting up a council and pursuing what would have been an 18-month study on the impact of buildings on bird mortality. The study, he said, would require the state "at great expense, to confirm what experts in the field have already established."
Cuomo also objected to giving an appointed council the ability to make rules and regulations.
The New York City Audubon Society expressed their disappointment but also expressed their hopes for the passage of a City Council bill introduced earlier this year by New York City Council Speaker Corey Johnson and Council Member Raphael Espinal Jr. that would require developers to make 90 percent of glass used on new and altered buildings bird-friendly by applying a pattern or using a special coating.
In a 2019 report, the American Bird Conservancy maintained that applying bird-safe designs in new construction is cost-neutral. Costs on retrofitting existing buildings, however, can vary on the solutions, which the report acknowledged have been evolving. One inexpensive option that the American Bird Conservancy has recommended is a special patterned tape, which runs $135 for an 82-foot-long roll. The tape, however, is not a permanent solution. It must be replaced every few years.
The state bill was sponsored by State Senator Brad Hoylman, who represents Midtown, along with Long Island Assembly member Steven Englebright.
Following the governor's veto, Hoylman issued a statement that noted that the bill had passed with large majorities in both houses of the state legislature. "At a time when our ecosystem is under threat from climate change and pollution—and when there are three billion birds fewer than there were half a century ago—we should be doing all we can to protect birds in their migration cycles," he said.
Hoylman added that he planned to introduce new legislation this year.
