NY State Senate Bill S3354

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 31, 2023	referred to governmental operations delivered to assembly passed senate
Mar 23, 2023	advanced to third reading
Mar 22, 2023	2nd report cal.
Mar 21, 2023	1st report cal.547
Feb 14, 2023	reported and committed to finance
Jan 31, 2023	referred to housing, construction and community development

Votes

view votes

Mar 31, 2023 - floor Vote

S3354

floor

Aye

Nay

Absent

Excused

Abstained

Mar 21, 2023 - Finance committee Vote

S3354

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 14, 2023 - Housing, Construction and Community Development committee Vote

S3354

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Feb 14, 2023

aye (10)

aye wr (1)

Martins

Co-Sponsors

S3354 (ACTIVE) - Details

See Assembly Version of this Bill:: A5618
Law Section:: Executive Law
Laws Affected:: Amd §381, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7300, A9631
2021-2022: S1830, A392

S3354 (ACTIVE) - Summary

Relates to conducting investigations into the administration and enforcement of the New York state uniform fire prevention and building code and the New York state energy conservation construction code by counties.

S3354 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3354

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the executive law, in relation to conducting investi-
gations into the administration and enforcement of the New York state
uniform fire prevention and building code and the New York state energy
conservation construction code

 
PURPOSE:

To protect the health and wellbeing of New Yorkers by giving the Secre-
tary of State new tools to deal with situations when a local government
fails to meet the minimum standards for enforcing and administering the
building and fire prevention code.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 381 of the executive law to:

1. Require that if a county provides official notice to the Secretary of

State that a municipality within a county is not providing adminis-
tration and enforcement of the uniform fire prevention and building code
that complies with the minimum standards, the Secretary shall investi-
gate and may conduct hearings, in accordance with existing provisions
that allow the Secretary to investigate and conduct hearings into
alleged failure of local code enforcement.

2. Require the Secretary to transfer responsibility for administering
and enforcing the uniform fire prevention code from a local government
to the county in which that government is located if the

Secretary's investigation finds that the local government is not failing
to meet the minimum standards for enforcement and administration, the
county has requested the authority to enforce and administer the code,
and the Secretary has not found that the county would be unable to
assume the responsibility.

Section 2: Amends section 381 of the Executive Law to set forth a proc-
ess by which a local government that has had its authority to administer
and enforce the uniform fire prevention and building code may petition
the secretary to have its authority restored.

Section 3: Sets effective date.

 
JUSTIFICATION:

Pursuant to Executive Law § 381, if the Secretary of State determines
that a local government is not meeting the minimum standards required,
the Secretary of State can designate the county in which a local govern-
ment is located to carry out the responsibility of administering and
enforcing the Uniform Code for buildings within the local government's
jurisdiction. In 2019, the Senate Investigations & Government Operations
Committee conducted a thorough investigation into enforcement of the
state building and fire prevention code.  Throughout the investigation,
the investigative team received calls from counties across New York
State, requesting that local governments within their jurisdiction be
investigated; such requests highlight the need for additional oversight
local governments.  Executive Law § 381 should be amended to accommodate
such requests.  Specifically, counties should be empowered to petition
the Secretary of State to remove the authority of local governments to
administer and enforce the Uniform Code and empower the county to
perform the code enforcement responsibilities.

 
LEGISLATIVE HISTORY:

Senate

2020- S7300B Referred to Governmental Operations

2021-2022- S1830, Passed Senate

Assembly

2020- A9631B Amend and Recommit to Governmental Operations

2021-2022- A340, Referred to Governmental Operations

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S3354 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3354
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  ADDABBO, KAVANAGH, RIVERA, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Housing, Construction and Community Development
 
 AN  ACT  to  amend the executive law, in relation to conducting investi-
   gations into the administration and enforcement of the New York  state
   uniform fire prevention and building code and the New York state ener-
   gy conservation construction code
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 4 of section 381 of the  executive  law,
 as  added  by  chapter  707  of the laws of 1981, are amended to read as
 follows:
   3. A. On and after the first day of  July,  nineteen  hundred  eighty-
 five, the secretary shall have power to investigate and conduct hearings
 relative  to  whether administration and enforcement of the uniform fire
 prevention and building code complies with the minimum standards promul-
 gated pursuant to subdivision one of this section.  At  least  ten  days
 written  notice of any such hearing shall be provided to the elective or
 appointive chief executive officer or, if there be none, the chairman of
 the legislative body of the local government or  county  whose  adminis-
 tration and enforcement of the uniform code is at issue.
   B.  IF THE SECRETARY RECEIVES FROM ANY COUNTY, OFFICIAL NOTICE, IN THE
 FORM OF A RESOLUTION, APPROVED BY A MAJORITY VOTE BY THE COUNTY LEGISLA-
 TURE, BOARD OF SUPERVISORS, OR BOARD OF LEGISLATURES AND  THEN  APPROVED
 BY  THE COUNTY EXECUTIVE, WHERE THE COUNTY HAS A COUNTY EXECUTIVE, WHICH
 EXPLAINS THE BASIS OF THE REQUEST, THAT A LOCAL  GOVERNMENT  WITHIN  THE
 COUNTY  IS  NOT  PROVIDING ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM
 FIRE PREVENTION AND BUILDING CODE THAT COMPLIES WITH THE MINIMUM  STAND-
 ARDS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE SECRE-
 TARY  SHALL  INVESTIGATE AND MAY CONDUCT HEARINGS IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SUBDIVISION.  THE SECRETARY SHALL NOT BEGIN AN INVES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00978-01-3

 S. 3354                             2
 
 TIGATION INTO A LOCAL GOVERNMENT UNDER THIS PARAGRAPH UNLESS  THE  LOCAL
 GOVERNMENT  RECEIVED A COPY OF THE OFFICIAL NOTICE AND HAS HAD ONE MONTH
 TO RESPOND TO THE OFFICIAL NOTICE AND SUBMIT SUCH RESPONSE TO THE SECRE-
 TARY.
   4.  If  the secretary determines that a local government has failed to
 administer and enforce the uniform fire prevention and building code  in
 accordance  with  the minimum standards promulgated pursuant to subdivi-
 sion one of this section, the secretary shall take any of the  following
 actions, either individually or in combination in any sequence:
   a.  The  secretary  may  issue  an order compelling compliance by such
 local government with the standards for administration  and  enforcement
 of the uniform code.
   b. The secretary may ask the attorney general to institute in the name
 of  the  secretary  an action or proceeding seeking appropriate legal or
 equitable relief to require such  local  government  to  administer  and
 enforce the uniform code.
   c.  [the]  THE  secretary may designate the county in which such local
 government is located to administer and enforce the uniform code in such
 local government. In the case of such  designation,  the  provisions  of
 subdivision five of this section shall apply.
   d.  The secretary may, in the place and stead of the local government,
 administer and enforce the uniform code in accordance with  the  minimum
 standards  promulgated  pursuant  to subdivision one of this section. In
 such event, the provisions of subdivision five  of  this  section  shall
 apply.
   E. IF THE SECRETARY FINDS THAT THE LOCAL GOVERNMENT IS INCAPABLE OF OR
 UNWILLING  TO  ADMINISTER  AND  ENFORCE THE UNIFORM CODE PURSUANT TO THE
 MINIMUM STANDARDS  AND  THE  SECRETARY'S  INVESTIGATION  OF  SUCH  LOCAL
 GOVERNMENT  WAS INITIATED BY AN OFFICIAL NOTICE FROM THE COUNTY IN WHICH
 SUCH LOCAL GOVERNMENT IS LOCATED, AND IF THE COUNTY HAS  REQUESTED  THAT
 THE SECRETARY DESIGNATE THE COUNTY TO ADMINISTER AND ENFORCE THE UNIFORM
 CODE  IN SUCH LOCAL GOVERNMENT, THE SECRETARY SHALL DESIGNATE THE COUNTY
 IN WHICH SUCH LOCAL GOVERNMENT IS LOCATED TO ADMINISTER AND ENFORCE  THE
 UNIFORM  CODE  IN  SUCH LOCAL GOVERNMENT UNLESS THE SECRETARY FINDS THAT
 THE COUNTY WOULD BE INCAPABLE OF ASSUMING THE RESPONSIBILITIES.
   § 2. Subdivision 5 of section 381 of the executive law is  amended  by
 adding a new paragraph e to read as follows:
   E.  AFTER  AT  LEAST  EIGHTEEN MONTHS FROM SUCH DESIGNATION, THE LOCAL
 GOVERNMENT MAY PETITION THE SECRETARY TO REASSUME AUTHORITY FOR  UNIFORM
 FIRE PREVENTION AND BUILDING CODE ENFORCEMENT. TO REASSUME AUTHORITY FOR
 UNIFORM FIRE PREVENTION AND BUILDING CODE ENFORCEMENT, THE LOCAL GOVERN-
 MENT  SHALL  DEMONSTRATE  TO  THE SATISFACTION OF THE SECRETARY THAT THE
 CONDITIONS WHICH LED TO ITS PRIOR FAILURE TO PROVIDE ADMINISTRATION  AND
 ENFORCEMENT  OF  THE  UNIFORM  FIRE  PREVENTION  AND  BUILDING CODE THAT
 COMPLIES WITH THE MINIMUM STANDARDS PROMULGATED PURSUANT TO  SUBDIVISION
 ONE  OF  THIS  SECTION ARE NO LONGER PRESENT AND THAT IT WILL BE ABLE TO
 PROPERLY ADMINISTER AND ENFORCE THE CODE.
   § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S3354

Sponsored By

Current Bill Status - Passed Senate

Your Voice

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Votes

Mar 31, 2023 - floor Vote

Floor Vote: Mar 31, 2023

Mar 21, 2023 - Finance committee Vote

Finance Committee Vote: Mar 21, 2023

Feb 14, 2023 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Feb 14, 2023

Co-Sponsors

S3354 (ACTIVE) - Details

S3354 (ACTIVE) - Summary

S3354 (ACTIVE) - Sponsor Memo

S3354 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3354

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Sponsored By

James Skoufis

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 31, 2023 - floor Vote

Floor Vote: Mar 31, 2023

Mar 21, 2023 - Finance committee Vote

Finance Committee Vote: Mar 21, 2023

Feb 14, 2023 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Feb 14, 2023

Co-Sponsors

Joseph P. Addabbo Jr

Robert Jackson

Brian Kavanagh

Gustavo Rivera

Luis R. Sepúlveda

S3354 (ACTIVE) - Details

S3354 (ACTIVE) - Summary

S3354 (ACTIVE) - Sponsor Memo

S3354 (ACTIVE) - Bill Text download pdf

Comments