Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S473 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 18 FILED ON: 1/9/2023
3	3	SENATE . . . . . . . . . . . . . . No. 473
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lydia Edwards
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act promoting climate safe buildings.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Lydia EdwardsThird SuffolkJack Patrick Lewis7th Middlesex2/7/2023James B. EldridgeMiddlesex and Worcester2/11/2023Sal N. DiDomenicoMiddlesex and Suffolk2/11/2023Michael O. MooreSecond Worcester2/15/2023 1 of 8
16	16	SENATE DOCKET, NO. 18 FILED ON: 1/9/2023
17	17	SENATE . . . . . . . . . . . . . . No. 473
18	18	By Ms. Edwards, a petition (accompanied by bill, Senate, No. 473) of Lydia Edwards, Jack
19	19	Patrick Lewis, James B. Eldridge, Sal N. DiDomenico and others for legislation to promote
20	20	climate safe buildings. Environment and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act promoting climate safe buildings.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 143 of the General Laws is hereby amended by inserting after
30	30	2section 93 the following section:-
31	31	3 Section 93A. Definitions
32	32	4 As used in sections ninety-two to one hundred, inclusive, the following words shall,
33	33	5unless the context otherwise requires, have the following meanings:
34	34	6 “Expanded floodplain map”, any map adopted by a city or town by ordinance or bylaw
35	35	7that establishes, using the best available science and data, the area at flood risk based on forward-
36	36	8looking climate projections or on past, documented flood history, to be used in addition to the
37	37	9federal emergency management agency’s flood insurance rate maps.
38	38	10 “Base flood elevation”, the elevation of surface water resulting from a flood that has a 1
39	39	11percent chance of equaling or exceeding that level in any given year. 2 of 8
40	40	12 “Climate resilience”, the ability to prepare and plan for, absorb, and recover from, and
41	41	13more successfully adapt to adverse events resulting from increased climate risks.
42	42	14 “Climate risks”, the reasonably foreseeable risks to the economy, public services and
43	43	15infrastructure, and public health and safety based on best available data and current science, that
44	44	16are attributable to current and reasonably foreseeable climate conditions, including but not
45	45	17limited to changes in sea level, storm frequency or intensity, drought, wind, extreme
46	46	18precipitation, and extreme temperature changes projected to occur as a result of climate change.
47	47	19 “Environmental justice population” as defined in Section 62 of chapter 30 of the General
48	48	20Laws.
49	49	21 “Exceptional non-financial hardship”, a non-financial hardship that would result from the
50	50	22failure to grant a requested variance and which is unusual and specific to the property involved.
51	51	23Exceptional non-financial hardship does not include inconvenience, aesthetic considerations,
52	52	24physical disabilities, personal preferences, or the disapproval of neighbors, homeowners
53	53	25associations, or subdivision boards.
54	54	26 SECTION 2. Section 93 of chapter 143, as so appearing, is hereby amended by striking
55	55	27out the first paragraph and inserting in place thereof the following paragraph:-
56	56	28 There is hereby established within the division of occupational licensure a board to be
57	57	29known as the state board of building regulations and standards, in this section and in sections
58	58	30ninety-four to one hundred, inclusive, called the board. The board shall adopt and administer a
59	59	31state building code. The board shall consist of 17 members, 1 of whom shall be the state fire
60	60	32marshall or their designee, one of whom shall be the commissioner of the division of
61	61	33occupational licensure or their designee, 1 of whom shall be the commissioner of energy 3 of 8
62	62	34resources or their designee, 1 of whom shall be the state National Flood Insurance Program
63	63	35Coordinator or their designee, and all 4 of whom shall serve ex-officio and shall be voting
64	64	36members of the board, and 13 persons to be appointed by the governor, one of whom shall be a
65	65	37registered architect, one of whom shall be a registered professional engineer who is a mechanical
66	66	38engineer, one of whom shall be a registered professional engineer who is a structural engineer,
67	67	39one of whom shall be a representative of the building trades, one of whom shall be a general
68	68	40contractor of commercial or industrial buildings, one of whom shall be a building contractor of
69	69	41one or two-family homes, one of whom shall be a head of a local fire department, 1 of whom
70	70	42shall be an expert in commercial building energy efficiency, 1 of whom shall be an expert in
71	71	43residential building energy efficiency, 1 of whom shall be an expert in advanced building
72	72	44technology, 1 of whom shall be an expert in climate resilience and adaptation planning, one of
73	73	45whom shall be an inspector of buildings in a town and one of whom shall be an inspector of
74	74	46buildings in a city. Organizations representing the appropriate constituencies shall submit names
75	75	47of persons for appointment as members to the board. Each member shall be appointed for a term
76	76	48of five years, except that in making initial appointments, the governor shall appoint one member
77	77	49for one year and two members to serve for two, three, four and five years respectively. Any
78	78	50person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be
79	79	51eligible for reappointment for a second term, but shall not serve more than 10 total years. Any
80	80	52member of the board may be removed by the governor for cause, after being given a written
81	81	53statement of the charges and an opportunity to be heard thereon. No member shall act as a
82	82	54member of the board or vote in connection with any matter as to which their private right,
83	83	55distinct from public interest, is concerned. 4 of 8
84	84	56 SECTION 3. The Section 95 of chapter 143 of the General Laws, as appearing in the
85	85	572020 Official Edition, is hereby amended by striking all text and inserting in place the following:
86	86	58 Section 95. The powers and duties of the board set forth in section ninety-four shall be
87	87	59exercised to effect the following objectives:
88	88	60 (a) Uniform standards and requirements for construction and construction materials,
89	89	61compatible with accepted standards of engineering and fire prevention practices, energy
90	90	62conservation, climate resilience, and public health and safety. In the formulation of such
91	91	63standards and requirements, performance for the use intended shall be the test of acceptability, in
92	92	64accordance with accredited testing standards.
93	93	65 (b) Adoption of modern technical methods, devices and improvements which may reduce
94	94	66the cost of construction and maintenance over the life of the building and reduce the impacts of
95	95	67and damage from climate change without affecting the health, safety, and security of the
96	96	68occupants or users of the buildings.
97	97	69 (c) Elimination of restrictive, obsolete, conflicting and unnecessary building regulations
98	98	70and requirements which may increase the cost of construction and maintenance over the life of
99	99	71the building or delay unnecessarily the use of new materials, or which may provide unwarranted
100	100	72preferential treatment of types of classes of materials, products or methods of construction
101	101	73without affecting the health, safety, and security of the occupants or users of the buildings;
102	102	74provided, however, that such building regulations and requirements are not necessary to reduce
103	103	75the impacts of and damage from climate change.
104	104	76 SECTION 4. The Section 98 of chapter 143 of the General Laws, as appearing in the
105	105	772020 Official Edition, is hereby amended by inserting the following after the first paragraph: 5 of 8
106	106	78 The board of selectmen in a town or the city council in a city may request the use of
107	107	79expanded floodplain maps, based on best available climate science, including forward-looking
108	108	80projections, and floodplain maps based on past, documented flood history, in addition to the
109	109	81federal emergency management agency flood insurance rate maps for the purposes of
110	110	82determining base flood elevation and mandating the applicability of flood-resistant construction
111	111	83standards as contained in the residential and commercial base building codes where flood hazard
112	112	84areas are referenced. The board of selectmen in a town or the city council in a city shall certify
113	113	85that the city or town has formally adopted the expanded floodplain maps for official use in the
114	114	86city or town by ordinance or bylaw. The expanded floodplain maps shall be made publicly
115	115	87accessible online. If the board finds, in consultation with the executive office of energy and
116	116	88environmental affairs, that the use of expanded floodplain maps is in the interest of public health
117	117	89and safety and in support of climate resilience and adaptation objectives, and with the general
118	118	90purposes of a statewide building code, the board shall, after notice to said board of selectmen or
119	119	91city council, and after a public hearing, adopt rules and regulations, and impose conditions in
120	120	92connection with the adoption thereof. If the board rejects the request, the board shall provide a
121	121	93written explanation of the rejection to the board of selectmen or the city council at which time
122	122	94the board of selectmen or city council may file an appeal within 30 days to the secretary of the
123	123	95executive office of housing and economic development who shall, in consultation with the
124	124	96secretary of the executive office of energy and environmental affairs, reconsider the request and
125	125	97respond to the appeal within 15 days.
126	126	98 SECTION 5. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby
127	127	99amended by striking out the ninth paragraph and inserting in place thereof the following
128	128	100paragraph:- 6 of 8
129	129	101 The appeals board may grant a variance from any provision of this code in any particular
130	130	102case, may determine the suitability of alternate materials and methods of construction, and may
131	131	103provide reasonable interpretations of the provisions of this code; provided, however, that appeals
132	132	104board decisions shall not conflict with the general objectives set forth in section ninety-five;
133	133	105provided further, that the board of building standards and regulations shall adopt a standard
134	134	106procedure for considering applications for variances to buildings or construction within a
135	135	107floodplain. Variances for buildings or construction within a floodway shall be granted in
136	136	108accordance with the following criteria, at minimum: (i) a showing of good and sufficient cause,
137	137	109(ii) a determination that failure to grant the variance would result in exceptional non-financial
138	138	110hardship to the applicant, (iii) a determination that the granting of a variance will not result in
139	139	111increased flood heights, additional threats to public safety, extraordinary public offense, create
140	140	112nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or
141	141	113ordinances, and (iv) a determination that the variance is the minimum necessary to afford relief,
142	142	114considering the flood hazard.
143	143	115 Upon the decision to grant a variance, the appeals board shall notify the applicant in
144	144	116writing that the issuance of a variance to construct a structure below the base flood elevation may
145	145	117result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of
146	146	118insurance coverage and that such construction below the base flood level increases risks to life
147	147	119and property. Such notification shall be maintained with a record of all variance actions.
148	148	120 SECTION 6. Section 2 of chapter 21A of the General Laws, as so appearing, is hereby
149	149	121amended by inserting after clause (30) the following clause: 7 of 8
150	150	122 (31) develop and promulgate, in consultation with the executive office of housing and
151	151	123economic development and the board of building regulations and standards, as an appendix to
152	152	124the state building code and to the state residential code, a municipal opt-in specialized stretch
153	153	125resilience code that incorporates forward-looking data on climate risks including, but not limited
154	154	126to, inland and coastal flooding, extreme temperatures, wind, and changes in precipitation patterns
155	155	127and that is more stringent than the most recent edition of the international building code and
156	156	128international residential code. The code shall include, at a minimum, the following provisions
157	157	129that go beyond those in the most recent edition of the state building code: i) requirements as to
158	158	130freeboard and elevation above base flood elevation based on forward-looking climate data and
159	159	131future flood risks, ii) requirements as to the location of utilities and other critical infrastructure
160	160	132within a structure, iii) requirements as to wet and dry flood proofing of a structure, iv)
161	161	133requirements as to habitable space and uses of a structure, v) requirements as to points of ingress
162	162	134and egress, vi) requirements as to the ability to withstand extreme winds, and vii) requirements
163	163	135as to the ability to withstand extreme temperatures. The code shall also include any further
164	164	136language that is required to adequately prepare construction for future climate impacts including
165	165	137wind, extreme temperature, and flooding.
166	166	138 The secretary of the executive office of energy and environmental affairs shall form and
167	167	139consult with an advisory committee in the development of the stretch resilience code. The
168	168	140advisory committee shall consist of at least 17 members who shall include: the secretary of
169	169	141energy and environmental affairs or their designee, the chair of the board of building regulations
170	170	142and standards or their designee, the secretary of the executive office of housing and economic
171	171	143development or their designee, the commissioner of public health or their designee, the director
172	172	144of the Massachusetts emergency management agency or their designee, the director of the office 8 of 8
173	173	145of coastal zone management or their designee, 1 representative from an organization that
174	174	146represents or serves an environmental justice community, 1 representative from an affordable
175	175	147housing organization, 1 representative from a regional planning organization, 1 member with
176	176	148professional expertise in climate science and data, 1 member who is a professional planner with
177	177	149experience in climate adaptation and resilience, 1 member who is a certified building inspector in
178	178	150a city or town, 1 member who is a municipal planner, 1 member who is a certified civil engineer,
179	179	1511 member who is a certified coastal engineer, 1 representative from the insurance industry, and 1
180	180	152representative from the real estate development industry. The advisory committee shall be
181	181	153formed within six months of the bill being enacted and shall produce recommendations on
182	182	154requirements for the code within eighteen months of the bill being enacted. The stretch resilience
183	183	155code shall be promulgated no later than twenty-four months of the bill being enacted.
184	184	156 The secretary shall, in consultation with the board of building regulations and standards,
185	185	157review and update the stretch resilience code every three years, in accordance with Section 94 of
186	186	158chapter 143.
187	187	159 SECTION 7. Section 96 of chapter 143 of the General Laws, as so appearing, is hereby
188	188	160amended by inserting after the word “resources” in the second paragraph, the following words:-,
189	189	161 the specialized stretch resilience code developed and promulgated by the executive office
190	190	162of energy and environmental affairs,
191	191	163 SECTION 8. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby
192	192	164amended by inserting after the word “resources” in the second paragraph, the following words:-,
193	193	165 and the specialized stretch resilience code developed and promulgated by the executive
194	194	166office of energy and environmental affairs,