S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  828--A
     Cal. No. 37
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Rules  --  ordered  to  a
   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 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.
              

                                                            LBD04040-02-3
 S. 828--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.