Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S583 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 117 FILED ON: 1/7/2025
3	3	SENATE . . . . . . . . . . . . . . No. 583
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 SuffolkJoanne M. ComerfordHampshire, Franklin and Worcester3/5/2025James B. EldridgeMiddlesex and Worcester3/5/2025Sal N. DiDomenicoMiddlesex and Suffolk3/5/2025 1 of 9
16	16	SENATE DOCKET, NO. 117 FILED ON: 1/7/2025
17	17	SENATE . . . . . . . . . . . . . . No. 583
18	18	By Ms. Edwards, a petition (accompanied by bill, Senate, No. 583) of Lydia Edwards, Joanne M.
19	19	Comerford, James B. Eldridge and Sal N. DiDomenico for legislation to promote climate safe
20	20	buildings. Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 473 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act promoting climate safe buildings.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 143 of the General Laws is hereby amended by inserting after
32	32	2section 93 the following section:-
33	33	3 Section 93A. Definitions
34	34	4 As used in sections ninety-two to one hundred, inclusive, the following words shall,
35	35	5unless the context otherwise requires, have the following meanings:
36	36	6 “Expanded floodplain map”, any map adopted by a city or town by ordinance or bylaw
37	37	7that establishes, using the best available science and data, the area at flood risk based on forward-
38	38	8looking climate projections or on past, documented flood history, to be used in addition to the
39	39	9federal emergency management agency’s flood insurance rate maps. 2 of 9
40	40	10 “Base flood elevation”, the elevation of surface water resulting from a flood that has a 1
41	41	11percent chance of equaling or exceeding that level in any given year.
42	42	12 “Climate resilience”, the ability to prepare and plan for, absorb, and recover from, and
43	43	13more successfully adapt to adverse events resulting from increased climate risks.
44	44	14 “Climate risks”, the reasonably foreseeable risks to the economy, public services and
45	45	15infrastructure, and public health and safety based on best available science and data, that are
46	46	16attributable to current and reasonably foreseeable climate conditions, including but not limited to
47	47	17changes in sea level, storm frequency or intensity, drought, wind, extreme precipitation, and
48	48	18extreme temperature changes projected to occur as a result of climate change.
49	49	19 “Environmental justice population” as defined in Section 62 of chapter 30 of the General
50	50	20Laws.
51	51	21 “Exceptional non-financial hardship”, a non-financial hardship that would result from the
52	52	22failure to grant a requested variance and which is unusual and specific to the property involved.
53	53	23Exceptional non-financial hardship does not include inconvenience, aesthetic considerations,
54	54	24physical disabilities, personal preferences, or the disapproval of neighbors, homeowners
55	55	25associations, or subdivision boards.
56	56	26 SECTION 2. Section 93 of chapter 143, as so appearing, is hereby amended by striking
57	57	27out the first paragraph and inserting in place thereof the following paragraph:-
58	58	28 There is hereby established within the division of occupational licensure a board to be
59	59	29known as the state board of building regulations and standards, in this section and in sections
60	60	30ninety-four to one hundred, inclusive, called the board. The board shall adopt and administer a 3 of 9
61	61	31state building code. The board shall consist of 17 members, 1 of whom shall be the state fire
62	62	32marshall or their designee, one of whom shall be the commissioner of the division of
63	63	33occupational licensure or their designee, 1 of whom shall be the commissioner of energy
64	64	34resources or their designee, 1 of whom shall be the state National Flood Insurance Program
65	65	35Coordinator or their designee, and all 4 of whom shall serve ex-officio and shall be voting
66	66	36members of the board, and 13 persons to be appointed by the governor, one of whom shall be a
67	67	37registered architect, one of whom shall be a registered professional engineer who is a mechanical
68	68	38engineer, one of whom shall be a registered professional engineer who is a structural engineer,
69	69	39one of whom shall be a representative of the building trades, one of whom shall be a general
70	70	40contractor of commercial or industrial buildings, one of whom shall be a building contractor of
71	71	41one or two-family homes, one of whom shall be a head of a local fire department, 1 of whom
72	72	42shall be an expert in commercial building energy efficiency, 1 of whom shall be an expert in
73	73	43residential building energy efficiency, 1 of whom shall be an expert in advanced building
74	74	44technology, 1 of whom shall be an expert in climate resilience and adaptation planning, one of
75	75	45whom shall be an inspector of buildings in a town and one of whom shall be an inspector of
76	76	46buildings in a city. Organizations representing the appropriate constituencies shall submit names
77	77	47of persons for appointment as members to the board. Each member shall be appointed for a term
78	78	48of five years, except that in making initial appointments, the governor shall appoint one member
79	79	49for one year and two members to serve for two, three, four and five years respectively. Any
80	80	50person appointed to fill a vacancy shall serve only for the unexpired term. Any member shall be
81	81	51eligible for reappointment for a second term but shall not serve more than 10 total years. Any
82	82	52member of the board may be removed by the governor for cause, after being given a written
83	83	53statement of the charges and an opportunity to be heard thereon. No member shall act as a 4 of 9
84	84	54member of the board or vote in connection with any matter as to which their private right,
85	85	55distinct from public interest, is concerned.
86	86	56 SECTION 3. The Section 95 of chapter 143 of the General Laws, as appearing in the
87	87	572020 Official Edition, is hereby amended by striking all text and inserting in place the following:
88	88	58 Section 95. The powers and duties of the board set forth in section ninety-four shall be
89	89	59exercised to effect the following objectives:
90	90	60 (a) Uniform standards and requirements for construction and construction materials,
91	91	61compatible with accepted standards of engineering and fire prevention practices, energy
92	92	62conservation, climate resilience, and public health and safety. In the formulation of such
93	93	63standards and requirements, performance for the use intended shall be the test of acceptability, in
94	94	64accordance with accredited testing standards.
95	95	65 (b) Adoption of modern technical methods, devices and improvements which may reduce
96	96	66the cost of construction and maintenance over the life of the building and reduce the impacts of
97	97	67and damage from climate change without affecting the health, safety, and security of the
98	98	68occupants or users of the buildings.
99	99	69 (c) Elimination of restrictive, obsolete, conflicting and unnecessary building regulations
100	100	70and requirements which may increase the cost of construction and maintenance over the life of
101	101	71the building or delay unnecessarily the use of new materials, or which may provide unwarranted
102	102	72preferential treatment of types of classes of materials, products or methods of construction
103	103	73without affecting the health, safety, and security of the occupants or users of the buildings;
104	104	74provided, however, that such building regulations and requirements are not necessary to reduce
105	105	75the impacts of and damage from climate change. 5 of 9
106	106	76 SECTION 4. The Section 98 of chapter 143 of the General Laws, as appearing in the
107	107	772020 Official Edition, is hereby amended by inserting the following after the first paragraph:
108	108	78 The board of selectmen in a town or the city council in a city may request the use of
109	109	79expanded floodplain maps, based on best available science and data, including forward-looking
110	110	80climate projections, and floodplain maps based on past, documented flood history, in addition to
111	111	81the federal emergency management agency flood insurance rate maps for the purposes of
112	112	82determining base flood elevation and mandating the applicability of flood-resistant construction
113	113	83standards as contained in the residential and commercial base building codes where flood hazard
114	114	84areas are referenced. The board of selectmen in a town or the city council in a city shall certify
115	115	85that the city or town has formally adopted the expanded floodplain maps for official use in the
116	116	86city or town by ordinance or bylaw. The expanded floodplain maps shall be made publicly
117	117	87accessible online. If the board finds, in consultation with the executive office of energy and
118	118	88environmental affairs, that the use of expanded floodplain maps is in the interest of public health
119	119	89and safety and in support of climate resilience and adaptation objectives, and with the general
120	120	90purposes of a statewide building code, the board shall, after notice to said board of selectmen or
121	121	91city council, and after a public hearing, adopt rules and regulations, and impose conditions in
122	122	92connection with the adoption thereof. If the board rejects the request, the board shall provide a
123	123	93written explanation of the rejection to the board of selectmen or the city council at which time
124	124	94the board of selectmen or city council may file an appeal within 30 days to the secretary of the
125	125	95executive office of housing and economic development who shall, in consultation with the
126	126	96secretary of the executive office of energy and environmental affairs, reconsider the request and
127	127	97respond to the appeal within 15 days. 6 of 9
128	128	98 SECTION 5. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby
129	129	99amended by striking out the ninth paragraph and inserting in place thereof the following
130	130	100paragraph:-
131	131	101 The appeals board may grant a variance from any provision of this code in any particular
132	132	102case, may determine the suitability of alternate materials and methods of construction, and may
133	133	103provide reasonable interpretations of the provisions of this code; provided, however, that appeals
134	134	104board decisions shall not conflict with the general objectives set forth in section ninety-five;
135	135	105provided further, that the board of building standards and regulations shall adopt a standard
136	136	106procedure for considering applications for variances to buildings or construction within a
137	137	107floodplain. Variances for buildings or construction within a floodway shall be granted in
138	138	108accordance with the following criteria, at minimum: (i) a showing of good and sufficient cause,
139	139	109(ii) a determination that failure to grant the variance would result in exceptional non-financial
140	140	110hardship to the applicant, (iii) a determination that the granting of a variance will not result in
141	141	111increased flood heights, additional threats to public safety, extraordinary public offense, create
142	142	112nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or
143	143	113ordinances, and (iv) a determination that the variance is the minimum necessary to afford relief,
144	144	114considering the flood hazard.
145	145	115 In accordance with Section 60.6 of Title 44 of the Code of Federal Regulations related to
146	146	116requirements for flood plain management regulations, upon the decision to grant a variance the
147	147	117appeals board shall notify the applicant in writing that the issuance of a variance to construct a
148	148	118structure below the base flood elevation may result in increased premium rates for flood
149	149	119insurance up to amounts as high as $25 for $100 of insurance coverage and that such 7 of 9
150	150	120construction below the base flood level increases risks to life and property. Such notification
151	151	121shall be maintained with a record of all variance actions.
152	152	122 SECTION 6. Section 2 of chapter 21A of the General Laws, as so appearing, is hereby
153	153	123amended by inserting after clause (30) the following clause:
154	154	124 (31) develop and promulgate, in consultation with the executive office of housing and
155	155	125economic development and the board of building regulations and standards, as an appendix to
156	156	126the state building code and to the state residential code, a municipal opt-in specialized stretch
157	157	127resilience code that incorporates forward-looking data on climate risks including, but not limited
158	158	128to, inland and coastal flooding, extreme temperatures, wind, and changes in precipitation patterns
159	159	129and that is more stringent than the most recent edition of the international building code and
160	160	130international residential code. The code shall include, at a minimum, the following provisions
161	161	131that go beyond those in the most recent edition of the state building code: i) requirements as to
162	162	132freeboard and elevation above base flood elevation based on forward-looking climate data and
163	163	133future flood risks, ii) requirements as to the location of utilities and other critical infrastructure
164	164	134within a structure, iii) requirements as to wet and dry flood proofing of a structure, iv)
165	165	135requirements as to habitable space and uses of a structure, v) requirements as to points of ingress
166	166	136and egress, vi) requirements as to ability to withstand extreme winds, and vii) requirements as to
167	167	137ability to withstand extreme temperatures. The code shall also include any further language that
168	168	138is required to adequately prepare construction for future climate impacts including from wind,
169	169	139extreme temperature, and flooding.
170	170	140 The secretary of the executive office of energy and environmental affairs shall form and
171	171	141consult with an advisory committee in the development of the stretch resilience code and the 8 of 9
172	172	142climate resilience retrofit program. The advisory committee shall consist of at least 17 members
173	173	143who shall include: the secretary of energy and environmental affairs or their designee, the chair
174	174	144of the board of building regulations and standards or their designee, the secretary of the
175	175	145executive office of housing and economic development or their designee, the commissioner of
176	176	146public health or their designee, the director of the Massachusetts emergency management agency
177	177	147or their designee, the director of the office of coastal zone management or their designee, 1
178	178	148representative from an organization that represents or serves an environmental justice
179	179	149community, 1 representative from an affordable housing organization, 1 representative from a
180	180	150regional planning organization, 1 member with professional expertise in climate science and
181	181	151data, 1 member who is a professional with experience in climate adaptation and resilience, 1
182	182	152member who is a certified building inspector in a city or town, 1 member who is a municipal
183	183	153planner, 1 member who is a certified civil engineer, 1 member who is a certified coastal
184	184	154engineer, 1 representative from the insurance industry, and 1 representative from the real estate
185	185	155development industry. The advisory committee shall be formed within six months of the bill
186	186	156being enacted and shall produce recommendations on requirements for the code within eighteen
187	187	157months of the bill being enacted. The stretch resilience code shall be promulgated no later than
188	188	158twenty-four months of the bill being enacted.
189	189	159 The secretary shall, in consultation with the board of building regulations and standards,
190	190	160review and update the stretch resilience code every three years, in accordance with Section 94 of
191	191	161chapter 143.
192	192	162 SECTION 7. Section 96 of chapter 143 of the General Laws, as so appearing, is hereby
193	193	163amended by inserting after the word “resources” in the second paragraph, the following words:-, 9 of 9
194	194	164 the specialized stretch resilience code developed and promulgated by the executive office
195	195	165of energy and environmental affairs,
196	196	166 SECTION 8. Section 100 of chapter 143 of the General Laws, as so appearing, is hereby
197	197	167amended by inserting after the word “resources” in the second paragraph, the following words:-,
198	198	168 and the specialized stretch resilience code developed and promulgated by the executive
199	199	169office of energy and environmental affairs,
200	200	170 SECTION 9. Notwithstanding any special or general law to the contrary, the secretaries
201	201	171of the executive office of energy and environmental affairs, executive office of housing and
202	202	172economic development, and the board of building regulations and standards shall develop and
203	203	173administer a statewide opt-in climate resilience retrofit program. The program shall provide
204	204	174technical and financial assistance to bring existing buildings into compliance with the stretch
205	205	175resilience code at minimum. The program shall prioritize assistance for buildings located in areas
206	206	176designated as environmental justice populations and buildings that are located within flood
207	207	177hazard areas as defined in the most recent edition of the Massachusetts State Building Code.