The Real Estate Board of New York to The City Council Committee on Environmental Protection, Resiliency, and Waterfronts

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The Real Estate Board of New York (REBNY) is the City's leading real estate trade association,
representing commercial, residential, and institutional property owners, builders, managers,
investors, brokers, salespeople, and other professionals active in New York City real estate. REBNY
appreciates the opportunity to provide feedback regarding Intros 403, 1325, 1397, and Resolution
82.

Intro 403: Cleaning of catch basins and reports on catch basin cleanups and maintenance

Subject: A local law to amend the administrative code of the city of New York, in relation to the
cleaning of catch basins and reports on catch basin cleanups and maintenance.

Sponsors: Public Advocate Jumaane Williams, Councilmembers Joann Ariola, James Gennaro, Lynn
Schulman, Sandra Ung, Lincoln Restler, Gale Brewer, Shahana Hanif, Nantasha Williams, Alexa
Aviles, Farah Lous

This bill would require the commissioner of environmental protection to submit reports on the
citywide catch basin inspections, cleanups, maintenance and repair, by community district. The bill
would also require that catch basins are inspected, at a minimum of, once every year and are
repaired or unclogged at least five days after inspection or the receipt of a complaint about a
clogged or malfunctioning catch basin.

REBNY appreciates and supports the efforts to document and submit reports on the citywide catch
basin inspections, cleanups, maintenance, and repair of such. Clogged catch basins prevent proper
stormwater drainage, leading to street and basement flooding, which can ultimately damage
buildings. However, DEP needs discretion in prioritizing catch basin maintenance in order to focus
on areas of greatest need, including those in more flood prone areas. This is discretion which the
current bill language precludes. The bill also adds administrative burdens that may take resources
away from other priorities. REBNY supports ensuring proper maintenance of catch basins and urges
the City Council to ensure the bill does not create unintended consequences and additional burdens
for the affected agencies.

Intro 1325: Drainage location of certain building roofs

Subject: A local law to amend the New York City plumbing code, in relation to the drainage location
of certain building roofs

Sponsors: Council Members James Gennaro, Farah Louis

This bill would require that roofs on covered buildings drain onto a permeable surface in accordance
with DEP rulemaking. Covered buildings would be residential buildings that are served by the
combined sewer system and located on lots where the front yard area is at least 20 percent of the
lot coverage area. Buildings in the 10-year rainfall flood risk area and certain other buildings would
be exempt.

This bill aims to mitigate sewage back up, flooding risk, and combined sewer overflows (CSOs) by
requiring new residential buildings with adequate permeable surfaces on the lot to drain into a
permeable surface rather than directly into the sewage system. With increased development from
recent rezonings, addressing stormwater runoff can help reduce pressure on aging infrastructure,
mitigate CSOs, and address neighborhood flooding concerns.

However, the proposal raises concerns as drafted. Requiring stormwater to drain toward the street
could eliminate existing onsite containment measures, allowing uncontrolled runoff that may flood
neighboring properties and create pedestrian safety issues. REBNY recommends considering ways
to expand the use of onsite containment methods such as drywalls, which safely manage stormwater
within the property and better align with the bill's goals of climate resilience and flood protection.

Intro 1395: Requiring the department of environmental protection to conduct a green climate
screen pilot project.

Subject: A Local Law in relation to requiring the department of environmental protection to
conduct a green climate screen pilot project

This bill would require the Department of Environmental Protection (DEP), in consultation with the
Department of Design and Construction, to implement a two-year pilot project to install five green
climate screens in areas of the city that are within both flood-prone neighborhoods and
disadvantaged communities. The bill would also require DEP to collect data on the stormwater
capture and noise mitigation of such green climate screens, and report on such data, including any
plans to expand the pilot program.

A green climate screen is a multifunctional infrastructure concept that combines stormwater
management with a vertical surface to manage stormwater. DEP's stormwater rules require new
developments and substantial redevelopments to manage runoff on-site and reduce combined
sewer overflows. Green vertical infrastructure also supports heat mitigation, urban heat island
exposure as well as streetscape quality, and softens the interface between commercial and industrial
buildings. With NYC facing more frequent high-intensity rain events, REBNY supports establishing
methods to manage stormwater runoff that are innovative and important.

Intro 1397: Establishing a base flood elevation and resilient construction standards for 10-year
rainfall flood risk areas.

Subject: A Local Law to amend the administrative code of the city of New York and the New York
city building code, in relation to establishing a base flood elevation and resilient construction
standards for 10-year rainfall flood risk areas.

Sponsors: Council Members James Gennaro, Farah Louis, Lincoln Restler, Justin Brannan

This bill would require the Department of Environmental Protection, in consultation with the
Department of Buildings and the Office of Long-Term Planning and Sustainability, to indicate a base
flood elevation level within the 10-year rainfall flood risk areas on the updated flood risk area map.
This bill would also amend Appendix G of the Building Code to require that new or substantially
altered buildings in 10-year rainfall flood risk areas be built to the standards that apply to some
federal special flood hazard areas.

This proposes that DEP in consultation with DOB and the Office of Long-Term Planning and
Sustainability should indicate a "base flood elevation" within the "10-year rainfall flood risk area" on
the updated flood risk map. This builds on Intro 815 of 2024, which followed City of Yes for Housing
Opportunity, and ties and enforces flood risk mapping to building code requirements.

In current high-and moderate-risk flood zones, zoning permits a "reference plane" to be established
as an alternate method to measure height. Zoning acknowledges that the FRCE/Base Flood
Elevation set forth in Appendix G may be higher and allows the reference plane to be at the FRCE.
This allows for extra building height and thus does not reduce the building's envelope.

The proposed legislation's 10-year rainfall flood risk areas may overlap with current flood zones. If a
new base elevation is adopted in the 10-year rainfall flood risk areas that are higher, then
developments within these areas would not be able to take advantage of the reference plane. As
such, in flood-zone areas, buildings will need the extra bump in height in order to install mechanicals
above the requisite base flood elevation and in non-flood zones, zoning will need to be modified to
extend the reference plane methodology.

The bill should not go into effect until the adoption of the related text amendment, similar to the
process followed for Intro 2430-A, which delayed the effective date of a fire code provision to one
year from the date of adoption of a zoning amendment exempting from the calculation of the
building floor area ratio storage spaces for pre-positioned department equipment.

The DCP waterfront division should evaluate the impact of these areas and propose
recommendations on interim and permanent zoning modifications under ZR 64-00. This evaluation
should be inclusive of what standards or relief are necessary in this new zone, on the understanding
that different requirements may be appropriate than what is needed for a storm surge or sea level
rise condition. If this legislation moves forward, it will be vitally important for the City to work
closely with all stakeholders in the rulemaking process to ensure that any requirements are both protective of public safety and reasonable in terms of not interfering with developing much-needed
housing in the City.

Res. No. 82: Supporting the mission and growth of the Climate Museum

Subject: Resolution supporting the mission and growth of the Climate Museum.

REBNY supports the growth of the Climate Museum, which is dedicated to inspiring climate action
through art, science, and dialogue. REBNY members are on the forefront of innovation in this space,
and the Climate Museum's mission aligns with the real estate industry's goals of advancing
sustainability and resilience in the built environment.