a. Definitions. For the purposes of this section, the following terms have the following meanings:
Agency. The term "agency" shall have the same definition as such term is defined in section 1150 of the charter.
Capital Project. The term "capital project" means a capital project as defined in section 210 of the charter.
Climate stressor. The term "climate stressor" means a condition, event or trend related to climate variability and change that can exacerbate an event or condition that may cause damage to assets or cause injury, illness or death to people.
Critical facility. The term "critical facility" means a:
1. Hospital or healthcare facility;
2. Fire, rescue, ambulance, police station or emergency vehicle facility;
3. Jail, correctional facility or detention facility;
4. Facility used in emergency response;
5. Critical aviation facility;
6. Food distribution center with an annual expected volume of greater than 170,000,000 pounds;
7. Building or structure that manufactures, processes, handles, stores, disposes or uses toxic or explosive substances;
8. Component of infrastructure in transportation, telecommunications or power networks;
9. Ventilation building or fan plant;
10. Operations center;
11. Sanitary pumping station;
12. Stormwater pumping station;
13. Train and transit maintenance yard or shop;
14. Wastewater treatment plant;
15. Component of the water supply infrastructure;
16. Combined sewer overflow retention tank;
17. Fueling station;
18. Waste transfer station; and
19. Facility where residents have limited mobility or ability.
Office. The term "office" means the office of long-term planning and sustainability.
Useful life. The term "useful life" means the period over which a building, structure or system is expected to be available for use by an entity and may exceed the design life of such building, structure or system.
b. The office shall establish climate resiliency design guidelines for the design and construction of certain capital projects, to be informed both by any existing climate resiliency design guidelines and by the pilot program pursuant to subdivision c. Such climate resiliency design guidelines shall consider the capacity of a covered project, as defined in section 3-132, to absorb disruption and manage stresses while maintaining the same basic structure and function, and shall provide guidance on incorporating forward-looking climate change data into the design of capital projects and city facilities, as such term is defined in section 203 of the charter, as well as into the design of covered projects, as defined in section 3-132, and instruction on determining the appropriate resilient design strategies, including consideration of the useful life and criticality of facilities.
c. Pilot program. No later than August 31, 2021, each agency shall identify capital projects that comprise no less than five percent of their respective capital construction budgets for fiscal years 2021 through 2024. The pilot program shall be in effect for not more than five years, and the office shall select no fewer than 35 such capital projects to include in the pilot program. No less than 35 percent of all such capital projects shall be located in an environmental justice area, as such term is defined in section 3-1001, and no fewer than four projects shall be located in each borough. Projects selected for the pilot program shall include, but not be limited to, the following:
1. The most common capital projects;
2. New construction and substantial improvements, as both terms are defined in section G201.2 of chapter G2 of appendix G of the New York city building code;
3. Projects with a useful life: (a) less than 10 years; (b) 10 to 50 years; and (c) over 50 years;
4. Projects with capital costs: (a) under $10 million; (b) $10-49 million; (c) $50-100 million; and (d) over $100 million;
5. Critical and non-critical facilities; and
6. Facilities that are exposed to a variety of climate stressors.
d. No later than December 31, 2026, the office shall submit to the speaker of the council and publish on its website the climate resiliency design guidelines developed pursuant to the pilot program described in subdivision c. Such guidelines shall be updated as necessary and no less than once every eight years from such date of submission.
(L.L. 2021/041, 4/18/2021, eff. 8/16/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/041.