N.Y. Executive Law § 375: Powers of the council

§ 375. Powers of the council. The council is authorized and empowered:

1. To subpoena witnesses, take testimony, compel production of books and

records and to hold public hearings. The secretary may designate one or

more members of the council, or one or more officers or employees of the

department, or the administrator, on request of the secretary, may

designate one or more employees of the office, to hold public hearings

and report on such hearings to the council.

2. To study the operation of the uniform fire prevention and building

code, the state energy conservation construction code established by

article eleven of the energy law, local regulations and other laws

relating to the construction of buildings and the protection of

buildings from fire to ascertain their effects upon the cost of building

construction and the effectiveness of their provisions for health,

safety and security, particularly as such provisions relate to the

protection of life and property from the dangers of fire.

3. To recommend tests and approvals or to require the testing and

approval of materials, devices and methods of construction to ascertain

their acceptability under the requirements of the uniform fire

prevention and building code.

4. To advise and assist the secretary in carrying out the provisions

and purposes of this article and to make recommendations concerning the

program and activities of the office and appointments to be made by the

secretary in connection with the uniform fire prevention and building

code.

5. To make and establish and, from time to time, alter and amend rules

for the organization and internal management of the council, and for

such other purposes as may be necessary, desirable or proper in carrying

out its powers and duties under this article.

6. To avoid duplication of effort and in the interest of economy, the

council may make use of existing studies, surveys, plans, data and other

materials in the possession of any state agency. Each such agency is

hereby authorized and directed to make the same available to the council

and otherwise to assist it in the performance of its functions. The

officers and personnel of such agencies may serve at the request of the

council upon such advisory committees as the council shall determine to

create and such officers and personnel may serve upon such committees

without forfeiture of office or employment and with no loss or

diminution in the compensation, status, rights and privileges which they

otherwise enjoy.

7. To review and approve standards established by rules and

regulations promulgated by the commissioner of health for the

implementation of item (ii) of clause (a) of section three hundred

twenty-two-c of the general business law.

8. To examine, evaluate, and make recommendations concerning the

standardization of the uniform code and local building codes and permit

processes for the purpose of facilitating and encouraging the

installation and operation of solar and wind energy generating systems

throughout the state. For this purpose, the council is authorized to

hold public hearings and consult with the solar and wind energy

generating industry throughout the state. Any recommendations formulated

pursuant to this subdivision shall be submitted to the governor, the

secretary of state, the temporary president of the senate and the

speaker of the assembly along with such legislative proposals as the

council deems necessary to implement its recommendations.

9. To examine, evaluate, and make recommendations concerning the

standardization of the uniform code and local building codes and permit

processes for the purpose of protection against the effects of sea level

rise, flooding, saltwater corrosion, coastal or riparian erosion,

storms, and other degradation that may arise out of characteristics of

the coastal environment or structures located wholly or partially in a

Federal Emergency Management Agency ("FEMA") designated (i) Special

Flood Hazard Area according to FEMA's current flood insurance rate maps,

or (ii) a Moderate Risk Flood Hazard Area according to FEMA's current

flood insurance rate maps. For this purpose, the council is authorized

to hold public hearings and consult with relevant stakeholders

throughout the state. Any recommendations formulated pursuant to this

subdivision shall be submitted to the governor, the secretary of state,

the temporary president of the senate and the speaker of the assembly

along with such legislative proposals as the council deems necessary to

implement its recommendations.