Bill Text: NY A09216 | 2021-2022 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-05-31 - substituted by s7582b [A09216 Detail]

Download: New_York-2021-A09216-Amended.html

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                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.