Amendment #18 to S3064

Climate Safe Buildings

Ms. Meschino of Hull moves to amend the bill by inserting the following four sections:

“SECTION XXXX. The 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 science and data, including forward-looking climate 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 determining base flood elevation and mandating the applicability of flood-resistant construction standards as contained in the residential and commercial base building codes where flood hazard areas are referenced. 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 finds, in consultation with the executive office of energy and environmental affairs, that the use of expanded floodplain maps is in the interest of public health and safety and in support of climate resilience and adaptation objectives, and with the general purposes of a statewide building code, the board shall, after notice to said board of selectmen or city council, and after a public hearing, adopt rules and regulations, and impose conditions in connection with the adoption thereof. If the board rejects the request, the board shall provide a written explanation of the rejection to the board of selectmen or the city council at which time 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 XXXX. 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 code shall include, at a minimum, the following provisions that go beyond those in the most recent edition of the state building code: i) requirements as to freeboard and elevation above base flood elevation based on forward-looking climate data and future flood risks, ii) requirements as to the location of utilities and other critical infrastructure within a structure, iii) requirements as to wet and dry flood proofing of a structure, iv) requirements as to habitable space and uses of a structure, v) requirements as to points of ingress and egress, vi) requirements as to ability to withstand extreme winds, and vii) requirements as to ability to withstand extreme temperatures. The code shall also include any further language that is required to adequately prepare construction for future climate impacts including from wind, extreme temperature, and flooding.

The secretary of the executive office of energy and environmental affairs shall form and consult with an advisory committee in the development of the stretch resilience code and the climate resilience retrofit program. The advisory committee shall consist of at least 17 members who shall include: the secretary of energy and environmental affairs or their designee, the chair of the board of building regulations and standards or their designee, the secretary of the executive office of housing and economic development or their designee, the commissioner of public health or their designee, the director of the Massachusetts emergency management agency or their designee, the director of the office of coastal zone management or their designee, 1 representative from an organization that represents or serves an environmental justice community, 1 representative from an affordable housing organization, 1 representative from a regional planning organization, 1 member with professional expertise in climate science and data, 1 member who is a professional with experience in climate adaptation and resilience, 1 member who is a certified building inspector in a city or town, 1 member who is a municipal planner, 1 member who is a certified civil engineer, 1 member who is a certified coastal engineer, 1 representative from the insurance industry, and 1 representative from the real estate development industry. The advisory committee shall be formed within six months of the bill being enacted and shall produce recommendations on requirements for the code within eighteen months of the bill being enacted. The stretch resilience code shall be promulgated no later than twenty-four months of the bill being enacted.

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.

SECTION XXXX. Section 96 of chapter 143 of the General Laws, as so appearing, is hereby amended by inserting after the word “resources” in the second paragraph, the following words:-,

the specialized stretch resilience code developed and promulgated by the executive office of energy and environmental affairs,

SECTION XXXX. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby amended by inserting after the word “resources” in the second paragraph, the following words:-,

and the specialized stretch resilience code developed and promulgated by the executive office of energy and environmental affairs.”

Additional co-sponsor(s) added to Amendment #18 to S3064

Climate Safe Buildings