Bill Text: NY S07582 | 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 9-0)

Status: (Passed) 2022-12-30 - APPROVAL MEMO.108 [S07582 Detail]

Download: New_York-2021-S07582-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7582--B
            Cal. No. 623

                               2021-2022 Regular Sessions

                    IN SENATE

                                    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:

     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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13445-06-2
        S. 7582--B                          2

     1  temporary president of the senate and the speaker of the assembly  along
     2  with such legislative proposals as the council deems necessary to imple-
     3  ment its recommendations.
     4    §  2.  Section  378  of  the  executive law is amended by adding a new
     5  subdivision 2-a to read as follows:
     6    2-a. a. Standards for the construction of all buildings  and  for  the
     7  condition,  occupancy,  maintenance,  conservation,  rehabilitation  and
     8  renewal of certain existing buildings, structures and  premises  located
     9  on or near coastlines for the purposes of safeguarding life and property
    10  therein  and  thereabout  from  the hazards of sea level rise, flooding,
    11  saltwater corrosion, coastal or  riparian  erosion,  storms,  and  other
    12  degradation  that  may arise out of characteristics of the coastal envi-
    13  ronment or structures located wholly or partially in a Federal Emergency
    14  Management Agency ("FEMA") designated  (i)  Special  Flood  Hazard  Area
    15  according  to FEMA's current flood insurance rate maps, or (ii) a Moder-
    16  ate Risk Flood Hazard Area according to FEMA's current  flood  insurance
    17  rate maps.
    18    b.  The  standards  in  paragraph  a  of this subdivision shall (i) be
    19  developed to address future   physical climate risk  due  to  sea  level
    20  rise,  and/or  storm  surges  and/or  flooding,  based on available data
    21  predicting the likelihood of extreme weather  events,  including  hazard
    22  risk  analysis  data  if  applicable,  and  after  consultation with the
    23  department of  environmental  conservation,  and  (ii)  if  appropriate,
    24  provide for regular inspection, and repair, as necessary, of the interi-
    25  or structural elements of buildings.
    26    § 3. This act shall take effect immediately.