| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to the design and operation of buildings to protect birds; |
| Bill Description | Concerning the design and operation of buildings to protect birds. |
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What this bill does
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This bill proposal amends existing state law and adds new provisions relating to building design, construction, and lighting to reduce bird collisions and conserve energy. It reenacts and amends RCW 1.16.050 to list state holidays, recognize April, May, September, and October as "lights out for birds," describe certain Islamic holidays, and set employee holiday selection and accommodation rules (including one additional paid holiday for most state employees and allowance for up to two unpaid holidays for reasons of faith or conscience unless an employer shows undue hardship or the employee is needed for public safety). It amends RCW 39.35D.030 to require major facility projects receiving state capital budget funding, or financed under a specified financing contract, to be designed, constructed, and certified at least to LEED silver (with July 24, 2005 timing conditions for applicability), extend that requirement to non-public entities receiving state capital funds, require public agencies to monitor and report operating savings, and require a department to consolidate and report those findings to the governor and legislature on a schedule specified in the text. The amendment also directs the department to credit one additional LEED point for use of sustainably certified wood, one for use of bird-safe materials, and one for strategies that reduce nighttime lighting that disorients migratory birds; projects that would reach LEED silver with those points must be deemed to meet the standard. The bill allows an alternative high-performance building certification, as determined by the legislature, during the 2023-2025 and 2025-2027 biennia. The text begins an amendment to RCW 43.19.682 but that amendment is incomplete in the provided material.
The bill also directs action on outdoor lighting at state facilities. It states the legislature’s intent that nonessential lighting be turned off during peak migration months and requires the director of the Department of Enterprise Services to pursue energy conservation and bird-collision deterrence by turning off nonessential outdoor lighting between 10:00 p.m. and 6:00 a.m. The director must require measures in state buildings undergoing new construction, renovation, or maintenance to down-shield exterior lighting to eliminate horizontal glare and upward light, install automatic motion sensors and controls when possible, and assess light quality and quantity when converting to new lighting technologies. "Nonessential outdoor lighting" is defined here as lighting not deemed essential for safety or functionality by a state agency head.
Several important details are missing or unclear in the provided text. The amendment to RCW 43.19.682 is cut off mid-sentence. The identity of "the department" charged with consolidating project reports under RCW 39.35D.030 is not specified in the excerpts. Definitions for terms referenced (for example, "major facility projects," the precise LEED silver standard, and the financing contract definition) are not included. The bill also mentions creation of a new section, but that section’s content is not present in the provided material.
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Why it matters
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If enacted, state-funded major building projects will be expected to meet a LEED silver-level performance standard or an approved alternative during certain recent biennia, which will likely raise up-front design and construction costs for agencies, developers, and other entities that receive state capital budget funding but could be offset over time by measured operating savings; the department charged with consolidating reports must track those savings and there will be an increased reporting and administrative burden for project teams and that department. Projects that use sustainably certified wood, bird-safe materials, or strategies that reduce nighttime lighting can get extra LEED credit that may make compliance easier, and the Legislature’s intent and some provisions explicitly push agencies toward turning off nonessential lights during migration months and toward energy-saving fixtures, which will change maintenance and retrofitting priorities and create modest upfront costs for lighting controls and shields but also likely reduce energy bills and bird collisions.
Day-to-day operations will change: the Department of Enterprise Services director must seek to turn off nonessential outdoor lighting between 10:00 p.m. and 6:00 a.m. and require down-shielding, motion sensors, and lighting-quality assessments when buildings are renovated or maintained, with agency heads deciding what lighting is “essential,” so agencies and facility managers will gain new responsibilities and discretion that may affect safety staffing and after-hours operations. State employees are also affected by holiday provisions (an additional paid holiday for most employees and two unpaid religious/conscience days with employer denial only for undue hardship), and some important implementation details are unclear from the provided text—notably which specific department is responsible for the LEED reporting duties, the incomplete amendment to RCW 43.19.682, and how several dated reporting deadlines apply today.
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| Official Documents | View Full Bill Text |