Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1004 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 1591 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1004
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan Meschino
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 :DATE ADDED:Joan Meschino3rd Plymouth1/15/2025James B. EldridgeMiddlesex and Worcester2/7/2025Russell E. Holmes6th Suffolk2/25/2025Samantha Montaño15th Suffolk2/20/2025Lindsay N. Sabadosa1st Hampshire2/18/2025Erika Uyterhoeven27th Middlesex2/19/2025 1 of 9
16	16	HOUSE DOCKET, NO. 1591 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1004
18	18	By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 1004) of Joan
19	19	Meschino and others relative to climate standards in state building codes. Environment and
20	20	Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
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 9
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 science and data, that are
44	44	16attributable to current and reasonably foreseeable climate conditions, including but not limited to
45	45	17changes in sea level, storm frequency or intensity, drought, wind, extreme precipitation, and
46	46	18extreme 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 9
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 9
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 9
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 science and data, including forward-looking
108	108	80climate projections, and floodplain maps based on past, documented flood history, in addition to
109	109	81the federal 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 9
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 In accordance with Section 60.6 of Title 44 of the Code of Federal Regulations related to
144	144	116requirements for flood plain management regulations, upon the decision to grant a variance the
145	145	117appeals board shall notify the applicant in writing that the issuance of a variance to construct a
146	146	118structure below the base flood elevation may result in increased premium rates for flood
147	147	119insurance up to amounts as high as $25 for $100 of insurance coverage and that such
148	148	120construction below the base flood level increases risks to life and property. Such notification
149	149	121shall be maintained with a record of all variance actions.
150	150	122 SECTION 6. Section 2 of chapter 21A of the General Laws, as so appearing, is hereby
151	151	123amended by inserting after clause (30) the following clause: 7 of 9
152	152	124 (31) develop and promulgate, in consultation with the executive office of housing and
153	153	125economic development and the board of building regulations and standards, as an appendix to
154	154	126the state building code and to the state residential code, a municipal opt-in specialized stretch
155	155	127resilience code that incorporates forward-looking data on climate risks including, but not limited
156	156	128to, inland and coastal flooding, extreme temperatures, wind, and changes in precipitation patterns
157	157	129and that is more stringent than the most recent edition of the international building code and
158	158	130international residential code. The code shall include, at a minimum, the following provisions
159	159	131that go beyond those in the most recent edition of the state building code: i) requirements as to
160	160	132freeboard and elevation above base flood elevation based on forward-looking climate data and
161	161	133future flood risks, ii) requirements as to the location of utilities and other critical infrastructure
162	162	134within a structure, iii) requirements as to wet and dry flood proofing of a structure, iv)
163	163	135requirements as to habitable space and uses of a structure, v) requirements as to points of ingress
164	164	136and egress, vi) requirements as to ability to withstand extreme winds, and vii) requirements as to
165	165	137ability to withstand extreme temperatures. The code shall also include any further language that
166	166	138is required to adequately prepare construction for future climate impacts including from wind,
167	167	139extreme temperature, and flooding.
168	168	140 The secretary of the executive office of energy and environmental affairs shall form and
169	169	141consult with an advisory committee in the development of the stretch resilience code and the
170	170	142climate resilience retrofit program. The advisory committee shall consist of at least 17 members
171	171	143who shall include: the secretary of energy and environmental affairs or their designee, the chair
172	172	144of the board of building regulations and standards or their designee, the secretary of the
173	173	145executive office of housing and economic development or their designee, the commissioner of
174	174	146public health or their designee, the director of the Massachusetts emergency management agency 8 of 9
175	175	147or their designee, the director of the office of coastal zone management or their designee, 1
176	176	148representative from an organization that represents or serves an environmental justice
177	177	149community, 1 representative from an affordable housing organization, 1 representative from a
178	178	150regional planning organization, 1 member with professional expertise in climate science and
179	179	151data, 1 member who is a professional with experience in climate adaptation and resilience, 1
180	180	152member who is a certified building inspector in a city or town, 1 member who is a municipal
181	181	153planner, 1 member who is a certified civil engineer, 1 member who is a certified coastal
182	182	154engineer, 1 representative from the insurance industry, and 1 representative from the real estate
183	183	155development industry. The advisory committee shall be formed within six months of the bill
184	184	156being enacted and shall produce recommendations on requirements for the code within eighteen
185	185	157months of the bill being enacted. The stretch resilience code shall be promulgated no later than
186	186	158twenty-four months of the bill being enacted.
187	187	159 The secretary shall, in consultation with the board of building regulations and standards,
188	188	160review and update the stretch resilience code every three years, in accordance with Section 94 of
189	189	161chapter 143.
190	190	162 SECTION 7. Section 96 of chapter 143 of the General Laws, as so appearing, is hereby
191	191	163amended by inserting after the word “resources” in the second paragraph, the following words:-,
192	192	164 the specialized stretch resilience code developed and promulgated by the executive office
193	193	165of energy and environmental affairs,
194	194	166 SECTION 8. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby
195	195	167amended by inserting after the word “resources” in the second paragraph, the following words:-, 9 of 9
196	196	168 and the specialized stretch resilience code developed and promulgated by the executive
197	197	169office of energy and environmental affairs,
198	198	170 SECTION 9. Notwithstanding any special or general law to the contrary, the secretaries
199	199	171of the executive office of energy and environmental affairs, executive office of housing and
200	200	172economic development, and the board of building regulations and standards shall develop and
201	201	173administer a statewide opt-in climate resilience retrofit program. The program shall provide
202	202	174technical and financial assistance to bring existing buildings into compliance with the stretch
203	203	175resilience code at minimum. The program shall prioritize assistance for buildings located in areas
204	204	176designated as environmental justice populations and buildings that are located within flood
205	205	177hazard areas as defined in the most recent edition of the Massachusetts State Building Code.