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HOUSE DOCKET, NO. 1591 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1004
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joan Meschino
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act promoting climate safe buildings.
_______________
PETITION OF:
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
HOUSE DOCKET, NO. 1591 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1004
By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 1004) of Joan
Meschino and others relative to climate standards in state building codes. Environment and
Natural Resources.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act promoting climate safe buildings.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 143 of the General Laws is hereby amended by inserting after
2section 93 the following section:-
3 Section 93A. Definitions
4 As used in sections ninety-two to one hundred, inclusive, the following words shall,
5unless the context otherwise requires, have the following meanings:
6 “Expanded floodplain map”, any map adopted by a city or town by ordinance or bylaw
7that establishes, using the best available science and data, the area at flood risk based on forward-
8looking climate projections or on past, documented flood history, to be used in addition to the
9federal emergency management agency’s flood insurance rate maps.
10 “Base flood elevation”, the elevation of surface water resulting from a flood that has a 1
11percent chance of equaling or exceeding that level in any given year. 2 of 9
12 “Climate resilience”, the ability to prepare and plan for, absorb, and recover from, and
13more successfully adapt to adverse events resulting from increased climate risks.
14 “Climate risks”, the reasonably foreseeable risks to the economy, public services and
15infrastructure, and public health and safety based on best available science and data, that are
16attributable to current and reasonably foreseeable climate conditions, including but not limited to
17changes in sea level, storm frequency or intensity, drought, wind, extreme precipitation, and
18extreme temperature changes projected to occur as a result of climate change.
19 “Environmental justice population” as defined in Section 62 of chapter 30 of the General
20Laws.
21 “Exceptional non-financial hardship”, a non-financial hardship that would result from the
22failure to grant a requested variance and which is unusual and specific to the property involved.
23Exceptional non-financial hardship does not include inconvenience, aesthetic considerations,
24physical disabilities, personal preferences, or the disapproval of neighbors, homeowners
25associations, or subdivision boards.
26 SECTION 2. Section 93 of chapter 143, as so appearing, is hereby amended by striking
27out the first paragraph and inserting in place thereof the following paragraph:-
28 There is hereby established within the division of occupational licensure a board to be
29known as the state board of building regulations and standards, in this section and in sections
30ninety-four to one hundred, inclusive, called the board. The board shall adopt and administer a
31state building code. The board shall consist of 17 members, 1 of whom shall be the state fire
32marshall or their designee, one of whom shall be the commissioner of the division of
33occupational licensure or their designee, 1 of whom shall be the commissioner of energy 3 of 9
34resources or their designee, 1 of whom shall be the state National Flood Insurance Program
35Coordinator or their designee, and all 4 of whom shall serve ex-officio and shall be voting
36members of the board, and 13 persons to be appointed by the governor, one of whom shall be a
37registered architect, one of whom shall be a registered professional engineer who is a mechanical
38engineer, one of whom shall be a registered professional engineer who is a structural engineer,
39one of whom shall be a representative of the building trades, one of whom shall be a general
40contractor of commercial or industrial buildings, one of whom shall be a building contractor of
41one or two-family homes, one of whom shall be a head of a local fire department, 1 of whom
42shall be an expert in commercial building energy efficiency, 1 of whom shall be an expert in
43residential building energy efficiency, 1 of whom shall be an expert in advanced building
44technology, 1 of whom shall be an expert in climate resilience and adaptation planning, one of
45whom shall be an inspector of buildings in a town and one of whom shall be an inspector of
46buildings in a city. Organizations representing the appropriate constituencies shall submit names
47of persons for appointment as members to the board. Each member shall be appointed for a term
48of five years, except that in making initial appointments, the governor shall appoint one member
49for one year and two members to serve for two, three, four and five years respectively. Any
50person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be
51eligible for reappointment for a second term but shall not serve more than 10 total years. Any
52member of the board may be removed by the governor for cause, after being given a written
53statement of the charges and an opportunity to be heard thereon. No member shall act as a
54member of the board or vote in connection with any matter as to which their private right,
55distinct from public interest, is concerned. 4 of 9
56 SECTION 3. The Section 95 of chapter 143 of the General Laws, as appearing in the
572020 Official Edition, is hereby amended by striking all text and inserting in place the following:
58 Section 95. The powers and duties of the board set forth in section ninety-four shall be
59exercised to effect the following objectives:
60 (a) Uniform standards and requirements for construction and construction materials,
61compatible with accepted standards of engineering and fire prevention practices, energy
62conservation, climate resilience, and public health and safety. In the formulation of such
63standards and requirements, performance for the use intended shall be the test of acceptability, in
64accordance with accredited testing standards.
65 (b) Adoption of modern technical methods, devices and improvements which may reduce
66the cost of construction and maintenance over the life of the building and reduce the impacts of
67and damage from climate change without affecting the health, safety, and security of the
68occupants or users of the buildings.
69 (c) Elimination of restrictive, obsolete, conflicting and unnecessary building regulations
70and requirements which may increase the cost of construction and maintenance over the life of
71the building or delay unnecessarily the use of new materials, or which may provide unwarranted
72preferential treatment of types of classes of materials, products or methods of construction
73without affecting the health, safety, and security of the occupants or users of the buildings;
74provided, however, that such building regulations and requirements are not necessary to reduce
75the impacts of and damage from climate change.
76 SECTION 4. The Section 98 of chapter 143 of the General Laws, as appearing in the
772020 Official Edition, is hereby amended by inserting the following after the first paragraph: 5 of 9
78 The board of selectmen in a town or the city council in a city may request the use of
79expanded floodplain maps, based on best available science and data, including forward-looking
80climate projections, and floodplain maps based on past, documented flood history, in addition to
81the federal emergency management agency flood insurance rate maps for the purposes of
82determining base flood elevation and mandating the applicability of flood-resistant construction
83standards as contained in the residential and commercial base building codes where flood hazard
84areas are referenced. The board of selectmen in a town or the city council in a city shall certify
85that the city or town has formally adopted the expanded floodplain maps for official use in the
86city or town by ordinance or bylaw. The expanded floodplain maps shall be made publicly
87accessible online. If the board finds, in consultation with the executive office of energy and
88environmental affairs, that the use of expanded floodplain maps is in the interest of public health
89and safety and in support of climate resilience and adaptation objectives, and with the general
90purposes of a statewide building code, the board shall, after notice to said board of selectmen or
91city council, and after a public hearing, adopt rules and regulations, and impose conditions in
92connection with the adoption thereof. If the board rejects the request, the board shall provide a
93written explanation of the rejection to the board of selectmen or the city council at which time
94the board of selectmen or city council may file an appeal within 30 days to the secretary of the
95executive office of housing and economic development who shall, in consultation with the
96secretary of the executive office of energy and environmental affairs, reconsider the request and
97respond to the appeal within 15 days.
98 SECTION 5. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby
99amended by striking out the ninth paragraph and inserting in place thereof the following
100paragraph:- 6 of 9
101 The appeals board may grant a variance from any provision of this code in any particular
102case, may determine the suitability of alternate materials and methods of construction, and may
103provide reasonable interpretations of the provisions of this code; provided, however, that appeals
104board decisions shall not conflict with the general objectives set forth in section ninety-five;
105provided further, that the board of building standards and regulations shall adopt a standard
106procedure for considering applications for variances to buildings or construction within a
107floodplain. Variances for buildings or construction within a floodway shall be granted in
108accordance with the following criteria, at minimum: (i) a showing of good and sufficient cause,
109(ii) a determination that failure to grant the variance would result in exceptional non-financial
110hardship to the applicant, (iii) a determination that the granting of a variance will not result in
111increased flood heights, additional threats to public safety, extraordinary public offense, create
112nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or
113ordinances, and (iv) a determination that the variance is the minimum necessary to afford relief,
114considering the flood hazard.
115 In accordance with Section 60.6 of Title 44 of the Code of Federal Regulations related to
116requirements for flood plain management regulations, upon the decision to grant a variance the
117appeals board shall notify the applicant in writing that the issuance of a variance to construct a
118structure below the base flood elevation may result in increased premium rates for flood
119insurance up to amounts as high as $25 for $100 of insurance coverage and that such
120construction below the base flood level increases risks to life and property. Such notification
121shall be maintained with a record of all variance actions.
122 SECTION 6. Section 2 of chapter 21A of the General Laws, as so appearing, is hereby
123amended by inserting after clause (30) the following clause: 7 of 9
124 (31) develop and promulgate, in consultation with the executive office of housing and
125economic development and the board of building regulations and standards, as an appendix to
126the state building code and to the state residential code, a municipal opt-in specialized stretch
127resilience code that incorporates forward-looking data on climate risks including, but not limited
128to, inland and coastal flooding, extreme temperatures, wind, and changes in precipitation patterns
129and that is more stringent than the most recent edition of the international building code and
130international residential code. The code shall include, at a minimum, the following provisions
131that go beyond those in the most recent edition of the state building code: i) requirements as to
132freeboard and elevation above base flood elevation based on forward-looking climate data and
133future flood risks, ii) requirements as to the location of utilities and other critical infrastructure
134within a structure, iii) requirements as to wet and dry flood proofing of a structure, iv)
135requirements as to habitable space and uses of a structure, v) requirements as to points of ingress
136and egress, vi) requirements as to ability to withstand extreme winds, and vii) requirements as to
137ability to withstand extreme temperatures. The code shall also include any further language that
138is required to adequately prepare construction for future climate impacts including from wind,
139extreme temperature, and flooding.
140 The secretary of the executive office of energy and environmental affairs shall form and
141consult with an advisory committee in the development of the stretch resilience code and the
142climate resilience retrofit program. The advisory committee shall consist of at least 17 members
143who shall include: the secretary of energy and environmental affairs or their designee, the chair
144of the board of building regulations and standards or their designee, the secretary of the
145executive office of housing and economic development or their designee, the commissioner of
146public health or their designee, the director of the Massachusetts emergency management agency 8 of 9
147or their designee, the director of the office of coastal zone management or their designee, 1
148representative from an organization that represents or serves an environmental justice
149community, 1 representative from an affordable housing organization, 1 representative from a
150regional planning organization, 1 member with professional expertise in climate science and
151data, 1 member who is a professional with experience in climate adaptation and resilience, 1
152member who is a certified building inspector in a city or town, 1 member who is a municipal
153planner, 1 member who is a certified civil engineer, 1 member who is a certified coastal
154engineer, 1 representative from the insurance industry, and 1 representative from the real estate
155development industry. The advisory committee shall be formed within six months of the bill
156being enacted and shall produce recommendations on requirements for the code within eighteen
157months of the bill being enacted. The stretch resilience code shall be promulgated no later than
158twenty-four months of the bill being enacted.
159 The secretary shall, in consultation with the board of building regulations and standards,
160review and update the stretch resilience code every three years, in accordance with Section 94 of
161chapter 143.
162 SECTION 7. Section 96 of chapter 143 of the General Laws, as so appearing, is hereby
163amended by inserting after the word “resources” in the second paragraph, the following words:-,
164 the specialized stretch resilience code developed and promulgated by the executive office
165of energy and environmental affairs,
166 SECTION 8. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby
167amended by inserting after the word “resources” in the second paragraph, the following words:-, 9 of 9
168 and the specialized stretch resilience code developed and promulgated by the executive
169office of energy and environmental affairs,
170 SECTION 9. Notwithstanding any special or general law to the contrary, the secretaries
171of the executive office of energy and environmental affairs, executive office of housing and
172economic development, and the board of building regulations and standards shall develop and
173administer a statewide opt-in climate resilience retrofit program. The program shall provide
174technical and financial assistance to bring existing buildings into compliance with the stretch
175resilience code at minimum. The program shall prioritize assistance for buildings located in areas
176designated as environmental justice populations and buildings that are located within flood
177hazard areas as defined in the most recent edition of the Massachusetts State Building Code.