Bill Text: NY A00626 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to standards for the construction of all new buildings and for the construction or renovation of existing buildings that undergo a substantial improvement and which are located wholly or partially in an area designated on the applicable Federal Emergency Management Agency ("FEMA") flood insurance rate map, as amended from time to time, as a Special Flood Hazard Area or Moderate Risk Flood Hazard Area.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-03-03 - signed chap.19 [A00626 Detail]

Download: New_York-2023-A00626-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         626--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 10, 2023
                                       ___________

        Introduced  by  M. of A. OTIS -- read once and referred to the Committee
          on Governmental Operations  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT to amend the executive law, in relation to flood plain standards
          of construction

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  2-a  of section 378 of the executive law, as
     2  added by a chapter of the laws of 2022 amending the executive law relat-
     3  ing to requiring the examination of current and  the  recommendation  of
     4  future  standardized building code requirements for flood mitigation, as
     5  proposed in legislative bills  numbers  S.  7582-B  and  A.  9216-B,  is
     6  amended to read as follows:
     7    [2-a.] 1-a. a. Standards for the construction of all new buildings and
     8  for the [condition, occupancy, maintenance, conservation, rehabilitation
     9  and  renewal  of  certain  existing  buildings,  structures and premises
    10  located on or near coastlines] construction or  renovation  of  existing
    11  buildings  that  undergo  a  substantial  improvement, as defined by the
    12  council, located wholly or partially in an area designated on the appli-
    13  cable Federal Emergency Management Agency ("FEMA") flood insurance  rate
    14  map,  as  amended  from  time to time, as a Special Flood Hazard Area or
    15  Moderate Risk Flood Hazard Area, for the purposes of  safeguarding  life
    16  and  property therein and thereabout from the hazards of sea level rise,
    17  flooding, saltwater corrosion, coastal or riparian erosion, storms,  and
    18  other  degradation  that may arise out of characteristics of the coastal
    19  environment [or structures located wholly  or  partially  in  a  Federal
    20  Emergency Management Agency ("FEMA") designated (i) Special Flood Hazard
    21  Area  according  to  FEMA's current flood insurance rate maps, or (ii) a
    22  Moderate Risk Flood Hazard Area according to FEMA's current flood insur-
    23  ance rate maps].

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04040-03-3
        A. 626--A                           2

     1    b. The standards in paragraph a  of  this  subdivision  shall  (i)  be
     2  developed  to  address  future    physical climate risk due to sea level
     3  rise, and/or storm surges and/or flooding, based on available data  from
     4  nationally  recognized  sources or data produced by state agencies based
     5  on  nationally  recognized  procedures, analysis, and studies predicting
     6  the likelihood of extreme weather events, including hazard risk analysis
     7  data if applicable, and after consultation with the department of  envi-
     8  ronmental  conservation,  and  (ii)  if appropriate, provide for regular
     9  inspection,  and  repair,  as  necessary,  of  the  interior  structural
    10  elements of buildings.
    11    §  2.  This  act  shall  take  effect on the same date and in the same
    12  manner as a chapter of the laws  of  2022  amending  the  executive  law
    13  relating  to requiring the examination of current and the recommendation
    14  of future standardized building code requirements for flood  mitigation,
    15  as  proposed in legislative bills numbers S. 7582-B and A. 9216-B, takes
    16  effect.