S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  626--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Subdivision  2-a  of section 378 of the executive law, as
 added by a chapter of the laws of 2022 amending the executive law relat-
 ing to requiring the examination of current and  the  recommendation  of
 future  standardized building code requirements for flood mitigation, as
 proposed in legislative bills  numbers  S.  7582-B  and  A.  9216-B,  is
 amended to read as follows:
   [2-a.] 1-A. a. Standards for the construction of all NEW buildings and
 for the [condition, occupancy, maintenance, conservation, rehabilitation
 and  renewal  of  certain  existing  buildings,  structures and premises
 located on or near coastlines] CONSTRUCTION OR  RENOVATION  OF  EXISTING
 BUILDINGS  THAT  UNDERGO  A  SUBSTANTIAL  IMPROVEMENT, AS DEFINED BY THE
 COUNCIL, LOCATED WHOLLY OR PARTIALLY IN AN AREA DESIGNATED ON THE APPLI-
 CABLE 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, for the purposes of  safeguarding  life
 and  property therein and thereabout from the hazards of sea level rise,
 flooding, saltwater corrosion, coastal or riparian erosion, storms,  and
 other  degradation  that may arise out of characteristics of the coastal
 environment [or structures located wholly  or  partially  in  a  Federal
 Emergency Management Agency ("FEMA") designated (i) Special Flood Hazard
 Area  according  to  FEMA's current flood insurance rate maps, or (ii) a
 Moderate Risk Flood Hazard Area according to FEMA's current flood insur-
 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
              

 
   b. The standards in paragraph a  of  this  subdivision  shall  (i)  be
 developed  to  address  future    physical climate risk due to sea level
 rise, and/or storm surges and/or flooding, based on available data  FROM
 NATIONALLY  RECOGNIZED  SOURCES OR DATA PRODUCED BY STATE AGENCIES BASED
 ON  NATIONALLY  RECOGNIZED  PROCEDURES, ANALYSIS, AND STUDIES predicting
 the likelihood of extreme weather events, including hazard risk analysis
 data if applicable, and after consultation with the department of  envi-
 ronmental  conservation,  and  (ii)  if appropriate, provide for regular
 inspection,  and  repair,  as  necessary,  of  the  interior  structural
 elements of buildings.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2022  amending  the  executive  law
 relating  to requiring the examination of current and the recommendation
 of future standardized building code requirements for flood  mitigation,
 as  proposed in legislative bills numbers S. 7582-B and A. 9216-B, takes
 effect.