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A09216 Summary:

BILL NOA09216B
 
SAME ASSAME AS S07582-B
 
SPONSOROtis
 
COSPNSRSayegh
 
MLTSPNSR
 
Amd §§375 & 378, Exec L
 
Requires the examination of current and the recommendation of future standardized building code requirements for flood mitigation.
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A09216 Actions:

BILL NOA09216B
 
02/09/2022referred to governmental operations
04/29/2022amend and recommit to governmental operations
04/29/2022print number 9216a
05/20/2022amend and recommit to governmental operations
05/20/2022print number 9216b
05/24/2022reported referred to rules
05/31/2022reported
05/31/2022rules report cal.470
05/31/2022substituted by s7582b
 S07582 AMEND=B MAYER
 12/08/2021REFERRED TO RULES
 01/05/2022REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
 03/02/20221ST REPORT CAL.623
 03/03/20222ND REPORT CAL.
 03/07/2022ADVANCED TO THIRD READING
 04/25/2022AMENDED ON THIRD READING 7582A
 05/02/2022PASSED SENATE
 05/02/2022DELIVERED TO ASSEMBLY
 05/02/2022referred to governmental operations
 05/23/2022RECALLED FROM ASSEMBLY
 05/23/2022returned to senate
 05/23/2022VOTE RECONSIDERED - RESTORED TO THIRD READING
 05/23/2022AMENDED ON THIRD READING 7582B
 05/31/2022REPASSED SENATE
 05/31/2022RETURNED TO ASSEMBLY
 05/31/2022referred to governmental operations
 05/31/2022substituted for a9216b
 05/31/2022ordered to third reading rules cal.470
 05/31/2022passed assembly
 05/31/2022returned to senate
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A09216 Memo:

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.
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A09216 Text:



 
                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.
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