NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9216BREVISE 6/16/2022
SPONSOR: Otis 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 the building code council to consider appropriate measures
for flood mitigation and flood safety related to codes and building
construction.
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 the building code to include standards for
construction, condition, occupancy, maintenance, conservation, rehabili-
tation and renewal of buildings to protect against sea level rise,
flooding, and other hazards of coastal and flood plain environments that
account for the likelihood of increasing negative effects of climate
change.
Section 3 sets the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This bill is amended to make technical changes, including removing
reference to changes in the membership of the building code council.
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.
(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:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9216--B
IN ASSEMBLY
February 9, 2022
___________
Introduced by M. of A. OTIS, SAYEGH -- read once and referred to the
Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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:
1 Section 1. Section 375 of the executive law is amended by adding a
2 new subdivision 9 to read as follows:
3 9. To examine, evaluate, and make recommendations concerning the
4 standardization of the uniform code and local building codes and permit
5 processes for the purpose of protection against the effects of sea level
6 rise, flooding, saltwater corrosion, coastal or riparian erosion,
7 storms, and other degradation that may arise out of characteristics of
8 the coastal environment or structures located wholly or partially in a
9 Federal Emergency Management Agency ("FEMA") designated (i) Special
10 Flood Hazard Area according to FEMA's current flood insurance rate maps,
11 or (ii) a Moderate Risk Flood Hazard Area according to FEMA's current
12 flood insurance rate maps. For this purpose, the council is authorized
13 to hold public hearings and consult with relevant stakeholders through-
14 out the state. Any recommendations formulated pursuant to this subdivi-
15 sion shall be submitted to the governor, the secretary of state, the
16 temporary president of the senate and the speaker of the assembly along
17 with such legislative proposals as the council deems necessary to imple-
18 ment its recommendations.
19 § 2. Section 378 of the executive law is amended by adding a new
20 subdivision 2-a to read as follows:
21 2-a. a. Standards for the construction of all buildings and for the
22 condition, occupancy, maintenance, conservation, rehabilitation and
23 renewal of certain existing buildings, structures and premises located
24 on or near coastlines for the purposes of safeguarding life and property
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13445-07-2
A. 9216--B 2
1 therein and thereabout from the hazards of sea level rise, flooding,
2 saltwater corrosion, coastal or riparian erosion, storms, and other
3 degradation that may arise out of characteristics of the coastal envi-
4 ronment or structures located wholly or partially in a Federal Emergency
5 Management Agency ("FEMA") designated (i) Special Flood Hazard Area
6 according to FEMA's current flood insurance rate maps, or (ii) a Moder-
7 ate Risk Flood Hazard Area according to FEMA's current flood insurance
8 rate maps.
9 b. The standards in paragraph a of this subdivision shall (i) be
10 developed to address future physical climate risk due to sea level
11 rise, and/or storm surges and/or flooding, based on available data
12 predicting the likelihood of extreme weather events, including hazard
13 risk analysis data if applicable, and after consultation with the
14 department of environmental conservation, and (ii) if appropriate,
15 provide for regular inspection, and repair, as necessary, of the interi-
16 or structural elements of buildings.
17 § 3. This act shall take effect immediately.
