NY State Senate Bill 2021-S7582A

Senate Bill S7582A

Signed By Governor

2021-2022 Legislative Session

Requires the examination of current and the recommendation of future standardized building code requirements for flood mitigation

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 30, 2022	approval memo.108 signed chap.831
Dec 19, 2022	delivered to governor
May 31, 2022	returned to senate passed assembly ordered to third reading rules cal.470 substituted for a9216b referred to governmental operations returned to assembly repassed senate
May 23, 2022	amended on third reading 7582b
May 23, 2022	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 02, 2022	referred to governmental operations delivered to assembly passed senate
Apr 25, 2022	amended on third reading 7582a
Mar 07, 2022	advanced to third reading
Mar 03, 2022	2nd report cal.
Mar 02, 2022	1st report cal.623
Jan 05, 2022	referred to housing, construction and community development
Dec 08, 2021	referred to rules

Votes

- May 31, 2022 - Floor Vote
  S7582A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 2, 2022 - Floor Vote
  S7582A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 2, 2022
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (1)
      
      Brouk
  Mar 2, 2022 - Housing, Construction And Community Development Committee Vote
  S7582A
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Mar 2, 2022
      
      aye (11)
      
      Boyle
      
      Brisport
      
      Helming
      
      Jackson
      
      Kavanagh
      
      Mannion
      
      Martucci
      
      Myrie
      
      Rivera
      
      Ryan
      
      Salazar

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2021-S7582 - Details

Law Section:: Executive Law
Laws Affected:: Amd §§374, 375 & 378, Exec L

2021-S7582 - Summary

Requires the examination of current and the recommendation of future standardized building code requirements for flood mitigation.

2021-S7582 - Sponsor Memo

                                 
BILL NUMBER: S7582

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring the examina-
tion of current and the recommendation of future standardized building
code requirements for flood mitigation

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that the building code council composition include persons
with knowledge of flooding hazards and that the building code be revised
to incorporate measures for flood mitigation and flood safety.

 
SUMMARY OF PROVISIONS:

Section 1 adds two appointees to the building codes council: (1) the
director of the office of emergency management, and (2) a technical
expert in flood mitigation in the built environment.

Section 2 requires the building code council to examine, evaluate, and

make recommendations on how the building code could be revised to
increase resiliency against sea level rise, flooding, and other hazards
of coastal and flood plain environments.

Section 3 provides for amendment to the building code to include stand-
ards for construction, condition, occupancy, maintenance, conservation,
rehabilitation and renewal of buildings to protect against sea level
rise, flooding, and other hazards of coastal and flood plain environ-
ments that account for the likelihood of increasing negative affects of
climate change.

Section 4 sets the effective date.

 
JUSTIFICATION:

Flooding from Hurricane Ida resulted in the unprecedented deaths of
dozens of people in New York and New Jersey and destroyed the apartments
and homes of many more. This storm follows in the wake of other storms,
such as Hurricane Sandy, that likewise caused death and immense property
destruction in our state.

As climate change intensifies these types of storms and other natural
disasters, we need to be more prepared for the consequences, and part of
that process must be making sure that our buildings are resilient to the
threats of flooding and coastal environmental hazards. The executive law
setting forth the requirements for the building code currently does not
explicitly account for these threats. In addition, the statutory
requirements for Building Code Council appointees does not specify the
inclusion of persons with expertise in emergency management or flooding
expertise, which would help bring perspectives to the council that would
account for the threats of sea level rise, flooding, storms, and certain
other water-based hazards.

This bill will ensure that the threats posed by sea level rise, flood-
ing, storms, and certain other water-based hazards in coastal and flood-
prone areas are accounted for by the building code council and in the
state building code in three ways:
(1) The Director of the Office of Emergency Management and an expert in
flooding mitigation in the built environment will be added to the Build-
ing Code Council;

(2) The Building Code Council will be required to investigate how the
building code could be changed to better protect buildings from the
threats of sea level rise, flooding, storms, and certain other water-
based hazards; and

(3) The building code must be updated to include new standards designed
to protect life, property, and the surrounding communities from sea
level rise, flooding, storms, and certain other water-based hazards.

These changes are a first step in reassessing our standards for building
construction and maintenance so that we can better defend against
further tragedy. The inevitable threats posed by storms, flooding, and
other climate change-influenced hazards on our coasts and in floodplains
will present ever greater threats to our state, and require the kinds of
preparatory actions imposed by this legislation.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The provisions of the bill shall take effect immediately after becoming
law.

2021-S7582 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7582
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 8, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to requiring the examina-
   tion of current and the recommendation of future standardized building
   code requirements for flood mitigation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 374 of the executive law, as added
 by  chapter 707 of the laws of 1981, the opening paragraph as amended by
 chapter 309 of the laws of 1996, paragraph a as amended by section 96 of
 subpart B of part C and as further amended by section 104 of part  A  of
 chapter  62  of  the laws of 2011, and paragraph c as amended by chapter
 920 of the laws of 1985, is amended to read as follows:
   1. There is hereby created and established in the department of  state
 a  council,  to  be known as the state fire prevention and building code
 council. Such council shall consist of the secretary of state, as chair-
 man, the state fire administrator, THE DIRECTOR OF THE OFFICE  OF  EMER-
 GENCY  MANAGEMENT and [fifteen] SIXTEEN other members to be appointed as
 follows:
   a. Two members, to be  appointed  by  the  governor,  from  among  the
 commissioners  of  the  departments of economic development, corrections
 and community supervision, education, health, labor, mental  health  and
 social  services,  office  of  general services, division of housing and
 community renewal, and the superintendent of financial services.
   b. Six members, to be appointed by the governor, one of whom shall  be
 an elected official of a city with a population over one million, one of
 whom shall be an elected official of another city with a population over
 one  hundred  thousand,  one of whom shall be an elected official of any
 other city, one of whom shall be an elected county official, one of whom
 shall be an elected town official, and one of whom shall be  an  elected
 village official.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13445-03-1

 S. 7582                             2
 
   c.  [Seven]  EIGHT  members,  to be appointed by the governor with the
 advice and consent of the senate, one of whom shall be  a  fire  service
 official, one of whom shall be a registered architect, one of whom shall
 be  a  professional  engineer,  ONE  OF WHOM SHALL BE AN INDIVIDUAL WITH
 SIGNIFICANT PROFESSIONAL TECHNICAL EXPERIENCE IN FLOOD MITIGATION IN THE
 BUILT ENVIRONMENT, one of whom shall be a code enforcement official, one
 of  whom  shall  represent  builders,  one of whom shall represent trade
 unions, and one of whom shall be a person with a disability  as  defined
 in  section  two  hundred  ninety-two of this chapter who would directly
 benefit from the provisions of article thirteen  of  the  state  uniform
 fire  prevention and building code. The registered architect and profes-
 sional engineer shall be duly  licensed  to  practice  their  respective
 professions  in  the  state of New York. After the certification of code
 enforcement personnel pursuant to this chapter  shall  have  begun  said
 code enforcement official shall be so certified.
   §  2.  Section  375  of  the  executive law is amended by adding a new
 subdivision 9 to read as follows:
   9. TO EXAMINE,  EVALUATE,  AND  MAKE  RECOMMENDATIONS  CONCERNING  THE
 STANDARDIZATION  OF THE UNIFORM CODE AND LOCAL BUILDING CODES AND PERMIT
 PROCESSES FOR THE PURPOSE OF PROTECTION AGAINST THE EFFECTS OF SEA LEVEL
 RISE,  FLOODING,  SALTWATER  CORROSION,  COASTAL  OR  RIPARIAN  EROSION,
 STORMS,  AND  OTHER DEGRADATION THAT MAY ARISE OUT OF CHARACTERISTICS OF
 THE COASTAL ENVIRONMENT OR STRUCTURES LOCATED WHOLLY OR PARTIALLY  IN  A
 FEDERAL  EMERGENCY  MANAGEMENT  AGENCY  ("FEMA")  DESIGNATED (I) SPECIAL
 FLOOD HAZARD AREA ACCORDING TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS,
 OR (II) A MODERATE RISK FLOOD HAZARD AREA ACCORDING  TO  FEMA'S  CURRENT
 FLOOD  INSURANCE  RATE MAPS. FOR THIS PURPOSE, THE COUNCIL IS AUTHORIZED
 TO HOLD PUBLIC HEARINGS AND CONSULT WITH RELEVANT STAKEHOLDERS  THROUGH-
 OUT  THE STATE. ANY RECOMMENDATIONS FORMULATED PURSUANT TO THIS SUBDIVI-
 SION SHALL BE SUBMITTED TO THE GOVERNOR, THE  SECRETARY  OF  STATE,  THE
 TEMPORARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ALONG
 WITH SUCH LEGISLATIVE PROPOSALS AS THE COUNCIL DEEMS NECESSARY TO IMPLE-
 MENT ITS RECOMMENDATIONS.
   § 3. Section 378 of the executive law  is  amended  by  adding  a  new
 subdivision 2-a to read as follows:
   2-A.  A.  STANDARDS  FOR THE CONSTRUCTION OF ALL BUILDINGS AND FOR THE
 CONDITION,  OCCUPANCY,  MAINTENANCE,  CONSERVATION,  REHABILITATION  AND
 RENEWAL  OF  CERTAIN EXISTING BUILDINGS, STRUCTURES AND PREMISES LOCATED
 ON OR NEAR COASTLINES FOR THE PURPOSES OF SAFEGUARDING LIFE AND PROPERTY
 THEREIN AND THEREABOUT FROM THE HAZARDS OF  SEA  LEVEL  RISE,  FLOODING,
 SALTWATER  CORROSION,  COASTAL  OR  RIPARIAN  EROSION, STORMS, AND OTHER
 DEGRADATION THAT MAY ARISE OUT OF CHARACTERISTICS OF THE  COASTAL  ENVI-
 RONMENT OR STRUCTURES LOCATED WHOLLY OR PARTIALLY IN A FEDERAL EMERGENCY
 MANAGEMENT  AGENCY  ("FEMA")  DESIGNATED  (I)  SPECIAL FLOOD HAZARD AREA
 ACCORDING TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS, OR (II) A  MODER-
 ATE  RISK  FLOOD HAZARD AREA ACCORDING TO FEMA'S CURRENT FLOOD INSURANCE
 RATE MAPS.
   B. THE STANDARDS IN PARAGRAPH A  OF  THIS  SUBDIVISION  SHALL  (I)  BE
 DEVELOPED  TO  ADDRESS  FUTURE    PHYSICAL CLIMATE RISK DUE TO SEA LEVEL
 RISE, AND/OR STORM SURGES  AND/OR  FLOODING,  BASED  ON  AVAILABLE  DATA
 PREDICTING  THE  LIKELIHOOD  OF EXTREME WEATHER EVENTS, INCLUDING HAZARD
 RISK ANALYSIS DATA IF APPLICABLE, AND (II) IF APPROPRIATE,  PROVIDE  FOR
 REGULAR INSPECTION, AND REPAIR, AS NECESSARY, OF THE INTERIOR STRUCTURAL
 ELEMENTS OF BUILDINGS.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S7582A - Details

Law Section:: Executive Law
Laws Affected:: Amd §§374, 375 & 378, Exec L

2021-S7582A - Summary

Requires the examination of current and the recommendation of future standardized building code requirements for flood mitigation.

2021-S7582A - Sponsor Memo

                                 
BILL NUMBER: S7582A

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring the examina-
tion of current and the recommendation of future standardized building
code requirements for flood mitigation

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that the building code council composition include persons
with knowledge of flooding hazards and that the building code be revised
to incorporate measures for flood mitigation and flood safety.

 
SUMMARY OF PROVISIONS:

Section 1 adds two appointees to the building codes council: (1) the
director of the office of emergency management, and (2) a technical
expert in flood mitigation in the built environment.

Section 2 requires the building code council to examine, evaluate, and

make recommendations on how the building code could be revised to
increase resiliency against sea level rise, flooding, and other hazards
of coastal and flood plain environments.

Section 3 provides for amendment to the building code to include stand-
ards for construction, condition, occupancy, maintenance, conservation,
rehabilitation and renewal of buildings to protect against sea level
rise, flooding, and other hazards of coastal and flood plain environ-
ments that account for the likelihood of increasing negative affects of
climate change.

Section 4 sets the effective date.

 
JUSTIFICATION:

Flooding from Hurricane Ida resulted in the unprecedented deaths of
dozens of people in New York and New Jersey and destroyed the apartments
and homes of many more. This storm follows in the wake of other storms,
such as Hurricane Sandy, that likewise caused death and immense property
destruction in our state.

As climate change intensifies these types of storms and other natural
disasters, we need to be more prepared for the consequences, and part of
that process must be making sure that our buildings are resilient to the
threats of flooding and coastal environmental hazards. The executive law
setting forth the requirements for the building code currently does not
explicitly account for these threats. In addition, the statutory
requirements for Building Code Council appointees does not specify the
inclusion of persons with expertise in emergency management or flooding
expertise, which would help bring perspectives to the council that would
account for the threats of sea level rise, flooding, storms, and certain
other water-based hazards.

This bill will ensure that the threats posed by sea level rise, flood-
ing, storms, and certain other water-based hazards in coastal and flood-
prone areas are accounted for by the building code council and in the
state building code in three ways:
(1) The Director of the Office of Emergency Management and an expert in
flooding mitigation in the built environment will be added to the Build-
ing Code Council;

(2) The Building Code Council will be required to investigate how the
building code could be changed to better protect buildings from the
threats of sea level rise, flooding, storms, and certain other water-
based hazards; and

(3) The building code must be updated to include new standards designed
to protect life, property, and the surrounding communities from sea
level rise, flooding, storms, and certain other water-based hazards.

These changes are a first step in reassessing our standards for building
construction and maintenance so that we can better defend against
further tragedy. The inevitable threats posed by storms, flooding, and
other climate change-influenced hazards on our coasts and in floodplains
will present ever greater threats to our state, and require the kinds of
preparatory actions imposed by this legislation.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The provisions of the bill shall take effect immediately after becoming
law.

2021-S7582A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7582--A
     Cal. No. 623
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 8, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER,  ADDABBO,  BIAGGI,  HOYLMAN, MYRIE, RAMOS,
   REICHLIN-MELNICK, SANDERS, SKOUFIS -- read twice and ordered  printed,
   and  when  printed to be committed to the Committee on Rules -- recom-
   mitted to the Committee on Housing, Construction and Community  Devel-
   opment  in accordance with Senate Rule 6, sec. 8 -- reported favorably
   from said committee, ordered to first and second report, ordered to  a
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading
 
 AN ACT to amend the executive law, in relation to requiring the examina-
   tion of current and the recommendation of future standardized building
   code requirements for flood mitigation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 374 of the executive law, as added
 by  chapter 707 of the laws of 1981, the opening paragraph as amended by
 chapter 309 of the laws of 1996, paragraph a as amended by section 96 of
 subpart B of part C and as further amended by section 104 of part  A  of
 chapter  62  of  the laws of 2011, and paragraph c as amended by chapter
 920 of the laws of 1985, is amended to read as follows:
   1. There is hereby created and established in the department of  state
 a  council,  to  be known as the state fire prevention and building code
 council. Such council shall consist of the secretary of state, as chair-
 man, the state fire administrator, THE COMMISSIONER OF THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION, THE DIRECTOR  OF  THE  OFFICE  OF  EMERGENCY
 MANAGEMENT  and  [fifteen]  SIXTEEN  other  members  to  be appointed as
 follows:
   a. Two members, to be  appointed  by  the  governor,  from  among  the
 commissioners  of  the  departments of economic development, corrections
 and community supervision, education, health, labor, mental  health  and
 social  services,  office  of  general services, division of housing and
 community renewal, and the superintendent of financial services.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13445-04-2
 S. 7582--A                          2
 
   b. Six members, to be appointed by the governor, one of whom shall  be
 an elected official of a city with a population over one million, one of
 whom shall be an elected official of another city with a population over
 one  hundred  thousand,  one of whom shall be an elected official of any
 other city, one of whom shall be an elected county official, one of whom
 shall  be  an elected town official, and one of whom shall be an elected
 village official.
   c. [Seven] EIGHT members, to be appointed by  the  governor  with  the
 advice  and  consent  of the senate, one of whom shall be a fire service
 official, one of whom shall be a registered architect, one of whom shall
 be a professional engineer, ONE OF WHOM  SHALL  BE  AN  INDIVIDUAL  WITH
 SIGNIFICANT PROFESSIONAL TECHNICAL EXPERIENCE IN FLOOD MITIGATION IN THE
 BUILT ENVIRONMENT, one of whom shall be a code enforcement official, one
 of  whom  shall  represent  builders,  one of whom shall represent trade
 unions, and one of whom shall be a person with a disability  as  defined
 in  section  two  hundred  ninety-two of this chapter who would directly
 benefit from the provisions of article thirteen  of  the  state  uniform
 fire  prevention and building code. The registered architect and profes-
 sional engineer shall be duly  licensed  to  practice  their  respective
 professions  in  the  state of New York. After the certification of code
 enforcement personnel pursuant to this chapter  shall  have  begun  said
 code enforcement official shall be so certified.
   §  2.  Section  375  of  the  executive law is amended by adding a new
 subdivision 9 to read as follows:
   9. TO EXAMINE,  EVALUATE,  AND  MAKE  RECOMMENDATIONS  CONCERNING  THE
 STANDARDIZATION  OF THE UNIFORM CODE AND LOCAL BUILDING CODES AND PERMIT
 PROCESSES FOR THE PURPOSE OF PROTECTION AGAINST THE EFFECTS OF SEA LEVEL
 RISE,  FLOODING,  SALTWATER  CORROSION,  COASTAL  OR  RIPARIAN  EROSION,
 STORMS,  AND  OTHER DEGRADATION THAT MAY ARISE OUT OF CHARACTERISTICS OF
 THE COASTAL ENVIRONMENT OR STRUCTURES LOCATED WHOLLY OR PARTIALLY  IN  A
 FEDERAL  EMERGENCY  MANAGEMENT  AGENCY  ("FEMA")  DESIGNATED (I) SPECIAL
 FLOOD HAZARD AREA ACCORDING TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS,
 OR (II) A MODERATE RISK FLOOD HAZARD AREA ACCORDING  TO  FEMA'S  CURRENT
 FLOOD  INSURANCE  RATE MAPS. FOR THIS PURPOSE, THE COUNCIL IS AUTHORIZED
 TO HOLD PUBLIC HEARINGS AND CONSULT WITH RELEVANT STAKEHOLDERS  THROUGH-
 OUT  THE STATE. ANY RECOMMENDATIONS FORMULATED PURSUANT TO THIS SUBDIVI-
 SION SHALL BE SUBMITTED TO THE GOVERNOR, THE  SECRETARY  OF  STATE,  THE
 TEMPORARY  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ALONG
 WITH SUCH LEGISLATIVE PROPOSALS AS THE COUNCIL DEEMS NECESSARY TO IMPLE-
 MENT ITS RECOMMENDATIONS.
   § 3. Section 378 of the executive law  is  amended  by  adding  a  new
 subdivision 2-a to read as follows:
   2-A.  A.  STANDARDS  FOR THE CONSTRUCTION OF ALL BUILDINGS AND FOR THE
 CONDITION,  OCCUPANCY,  MAINTENANCE,  CONSERVATION,  REHABILITATION  AND
 RENEWAL  OF  CERTAIN EXISTING BUILDINGS, STRUCTURES AND PREMISES LOCATED
 ON OR NEAR COASTLINES FOR THE PURPOSES OF SAFEGUARDING LIFE AND PROPERTY
 THEREIN AND THEREABOUT FROM THE HAZARDS OF  SEA  LEVEL  RISE,  FLOODING,
 SALTWATER  CORROSION,  COASTAL  OR  RIPARIAN  EROSION, STORMS, AND OTHER
 DEGRADATION THAT MAY ARISE OUT OF CHARACTERISTICS OF THE  COASTAL  ENVI-
 RONMENT OR STRUCTURES LOCATED WHOLLY OR PARTIALLY IN A FEDERAL EMERGENCY
 MANAGEMENT  AGENCY  ("FEMA")  DESIGNATED  (I)  SPECIAL FLOOD HAZARD AREA
 ACCORDING TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS, OR (II) A  MODER-
 ATE  RISK  FLOOD HAZARD AREA ACCORDING TO FEMA'S CURRENT FLOOD INSURANCE
 RATE MAPS.
   B. THE STANDARDS IN PARAGRAPH A  OF  THIS  SUBDIVISION  SHALL  (I)  BE
 DEVELOPED  TO  ADDRESS  FUTURE    PHYSICAL CLIMATE RISK DUE TO SEA LEVEL
 S. 7582--A                          3
 
 RISE, AND/OR STORM SURGES  AND/OR  FLOODING,  BASED  ON  AVAILABLE  DATA
 PREDICTING  THE  LIKELIHOOD  OF EXTREME WEATHER EVENTS, INCLUDING HAZARD
 RISK ANALYSIS DATA  IF  APPLICABLE,  AND  AFTER  CONSULTATION  WITH  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  AND  (II)  IF APPROPRIATE,
 PROVIDE FOR REGULAR INSPECTION, AND REPAIR, AS NECESSARY, OF THE INTERI-
 OR STRUCTURAL ELEMENTS OF BUILDINGS.
   § 4. This act shall take effect immediately.

co-Sponsors

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2021-S7582B (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §§374, 375 & 378, Exec L

2021-S7582B (ACTIVE) - Summary

Requires the examination of current and the recommendation of future standardized building code requirements for flood mitigation.

2021-S7582B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7582B

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring the examina-
tion of current and the recommendation of future standardized building
code requirements for flood mitigation

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that the building code be revised to incorporate measures for
flood mitigation and flood safety.

 
SUMMARY OF PROVISIONS:

Section 1 requires the building code council to examine, evaluate, and
make recommendations on how the building code could be revised to
increase resiliency against sea level rise, flooding, and other hazards
of coastal and flood plain environments.

Section 2 provides for amendment to the building code to include stand-

ards for construction, condition, occupancy, maintenance, conservation,
rehabilitation and renewal of buildings to protect against sea level
rise, flooding, and other hazards of coastal and flood plain environ-
ments that account for the likelihood of increasing negative affects of
climate change.

Section 3 sets the effective date.

 
JUSTIFICATION:

Flooding from Hurricane Ida resulted in the unprecedented deaths of
dozens of people in New York and New Jersey and destroyed the apartments
and homes of many more. This storm follows in the wake of other storms,
such as Hurricane Sandy, that likewise caused death and immense property
destruction in our state.

As climate change intensifies these types of storms and other natural
disasters, we need to be more prepared for the consequences, and part of
that process must be making sure that our buildings are resilient to the
threats of flooding and coastal environmental hazards. The executive law
setting forth the requirements for the building code currently does not
explicitly account for these threats.

This bill will ensure that the threats posed by sea level rise, flood-
ing, storms, and certain other water-based hazards in coastal and flood-
prone areas are accounted for by the building code council and in the
state building code in two ways:

(1) The Building Code Council will be required to investigate how the
building code could be changed to better protect buildings from the
threats of sea level rise, flooding, storms, and certain other water-
based hazards; and

(2) The building code must be updated to include new standards designed
to protect life, property, and the surrounding communities from sea
level rise, flooding, storms, and certain other water-based hazards.

These changes are a first step in reassessing our standards for building
construction and maintenance so that we can better defend against
further tragedy. The inevitable threats posed by storms, flooding, and
other climate change-influenced hazards on our coasts and in floodplains
will present ever greater threats to our state, and require the kinds of
preparatory actions imposed by this legislation.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The provisions of the bill shall take effect immediately after becoming
law.

2021-S7582B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7582--B
     Cal. No. 623
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 8, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER,  ADDABBO,  BIAGGI,  HOYLMAN, MYRIE, RAMOS,
   REICHLIN-MELNICK, SANDERS, SKOUFIS -- read twice and ordered  printed,
   and  when  printed to be committed to the Committee on Rules -- recom-
   mitted to the Committee on Housing, Construction and Community  Devel-
   opment  in accordance with Senate Rule 6, sec. 8 -- reported favorably
   from said committee, ordered to first and second report, ordered to  a
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading -- passed by Senate and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN ACT to amend the executive law, in relation to requiring the examina-
   tion of current and the recommendation of future standardized building
   code requirements for flood mitigation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 375 of the executive law is amended  by  adding  a
 new subdivision 9 to read as follows:
   9.  TO  EXAMINE,  EVALUATE,  AND  MAKE  RECOMMENDATIONS CONCERNING THE
 STANDARDIZATION OF THE UNIFORM CODE AND LOCAL BUILDING CODES AND  PERMIT
 PROCESSES FOR THE PURPOSE OF PROTECTION AGAINST THE EFFECTS OF SEA LEVEL
 RISE,  FLOODING,  SALTWATER  CORROSION,  COASTAL  OR  RIPARIAN  EROSION,
 STORMS, AND OTHER DEGRADATION THAT MAY ARISE OUT OF  CHARACTERISTICS  OF
 THE  COASTAL  ENVIRONMENT OR STRUCTURES LOCATED WHOLLY OR PARTIALLY IN A
 FEDERAL EMERGENCY MANAGEMENT  AGENCY  ("FEMA")  DESIGNATED  (I)  SPECIAL
 FLOOD HAZARD AREA ACCORDING TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS,
 OR  (II)  A  MODERATE RISK FLOOD HAZARD AREA ACCORDING TO FEMA'S CURRENT
 FLOOD INSURANCE RATE MAPS. FOR THIS PURPOSE, THE COUNCIL  IS  AUTHORIZED
 TO  HOLD PUBLIC HEARINGS AND CONSULT WITH RELEVANT STAKEHOLDERS THROUGH-
 OUT THE STATE. ANY RECOMMENDATIONS FORMULATED PURSUANT TO THIS  SUBDIVI-
 SION  SHALL  BE  SUBMITTED  TO THE GOVERNOR, THE SECRETARY OF STATE, THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13445-06-2
 S. 7582--B                          2
 
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY  ALONG
 WITH SUCH LEGISLATIVE PROPOSALS AS THE COUNCIL DEEMS NECESSARY TO IMPLE-
 MENT ITS RECOMMENDATIONS.
   §  2.  Section  378  of  the  executive law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. A. STANDARDS FOR THE CONSTRUCTION OF ALL BUILDINGS  AND  FOR  THE
 CONDITION,  OCCUPANCY,  MAINTENANCE,  CONSERVATION,  REHABILITATION  AND
 RENEWAL OF CERTAIN EXISTING BUILDINGS, STRUCTURES AND  PREMISES  LOCATED
 ON OR NEAR COASTLINES FOR THE PURPOSES OF SAFEGUARDING LIFE AND PROPERTY
 THEREIN  AND  THEREABOUT  FROM  THE HAZARDS OF SEA LEVEL RISE, FLOODING,
 SALTWATER CORROSION, COASTAL OR  RIPARIAN  EROSION,  STORMS,  AND  OTHER
 DEGRADATION  THAT  MAY ARISE OUT OF CHARACTERISTICS OF THE COASTAL ENVI-
 RONMENT OR STRUCTURES LOCATED WHOLLY OR PARTIALLY IN A FEDERAL EMERGENCY
 MANAGEMENT AGENCY ("FEMA") DESIGNATED  (I)  SPECIAL  FLOOD  HAZARD  AREA
 ACCORDING  TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS, OR (II) A MODER-
 ATE RISK FLOOD HAZARD AREA ACCORDING TO FEMA'S CURRENT  FLOOD  INSURANCE
 RATE MAPS.
   B.  THE  STANDARDS  IN  PARAGRAPH  A  OF THIS SUBDIVISION SHALL (I) BE
 DEVELOPED TO ADDRESS FUTURE   PHYSICAL CLIMATE RISK  DUE  TO  SEA  LEVEL
 RISE,  AND/OR  STORM  SURGES  AND/OR  FLOODING,  BASED ON AVAILABLE DATA
 PREDICTING THE LIKELIHOOD OF EXTREME WEATHER  EVENTS,  INCLUDING  HAZARD
 RISK  ANALYSIS  DATA  IF  APPLICABLE,  AND  AFTER  CONSULTATION WITH THE
 DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION,  AND  (II)  IF  APPROPRIATE,
 PROVIDE FOR REGULAR INSPECTION, AND REPAIR, AS NECESSARY, OF THE INTERI-
 OR STRUCTURAL ELEMENTS OF BUILDINGS.
   § 3. This act shall take effect immediately.

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Senate Bill S7582A

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Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2021-S7582 - Details

2021-S7582 - Summary

2021-S7582 - Sponsor Memo

2021-S7582 - Bill Text download pdf

co-Sponsors

2021-S7582A - Details

2021-S7582A - Summary

2021-S7582A - Sponsor Memo

2021-S7582A - Bill Text download pdf

co-Sponsors

2021-S7582B (ACTIVE) - Details

2021-S7582B (ACTIVE) - Summary

2021-S7582B (ACTIVE) - Sponsor Memo

2021-S7582B (ACTIVE) - Bill Text download pdf

Comments