Amendment ID: S2829-78

Amendment 78

Climate Safe Buildings

Ms. Edwards, Mr. Payano, Ms. Kennedy and Mr. Eldridge move that the proposed new draft be amended by adding the following section:-

SECTION XX. Section 98 of chapter 143 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following after the first paragraph: The board of selectmen in a town or the city council in a city may request the use of expanded floodplain maps, based on best available climate science, including forward-looking projections, and floodplain maps based on past, documented flood history, in addition to the federal emergency management agency flood insurance rate maps for the purposes of mandating flood-resistant construction standards as contained in the residential and commercial base building codes. The board of selectmen in a town or the city council in a city shall certify that the city or town has formally adopted the expanded floodplain maps for official use in the city or town by ordinance or bylaw. The expanded floodplain maps shall be made publicly accessible online. If the board rejects the request, the board of selectmen or city council may file an appeal within 30 days to the secretary of the executive office of housing and economic development who shall, in consultation with the secretary of the executive office of energy and environmental affairs, reconsider the request and respond to the appeal within 15 days.

SECTION XX. Section 2 of chapter 21A of the General Laws, as so appearing, is hereby amended by inserting after clause (30) the following clause: (31) develop and promulgate, in consultation with the executive office of housing and economic development and the board of building regulations and standards, as an appendix to the state building code and to the state residential code, a municipal opt-in specialized stretch resilience code that incorporates forward-looking data on climate risks including, but not limited to, inland and coastal flooding, extreme temperatures, wind, and changes in precipitation patterns and that is more stringent than the most recent edition of the international building code and international residential code.

The secretary of the executive office of energy and environmental affairs shall form and consult with an advisory committee that shall produce recommendations regarding the stretch resilience code. The advisory committee shall include members who represent agencies and interests including housing and economic development, public health, inland and coastal flood risk, environmental justice, affordable housing, climate resilience, emergency management, local and regional planning, real estate, and insurance.

The secretary shall, in consultation with the board of building regulations and standards, review and update the stretch resilience code every three years, in accordance with Section 94 of chapter 143.