Flood Insurance Fairness Act of 2011 - Amends the Flood Disaster Protection Act of 1973 to delay, for certain areas not previously designated as having special flood hazards, the effective date for the mandatory purchase of flood insurance until the expiration of the five-year period beginning upon the date that revisions to certain flood insurance maps become available.
Prohibits this Act from being construed to authorize or require any payment or refund for flood insurance coverage purchases that covered any period during which such coverage is not required for the insured property.
Amends the National Flood Insurance Act of 1968 to prescribe a five-year phase-in schedule for flood insurance rates for areas newly mapped as having special flood hazards.
Requires the Administrator of the Federal Emergency Management Agency (FEMA) to reimburse property owners for costs incurred in requests to remove property from base flood elevations.
Instructs the FEMA Administrator to submit to Congress a community outreach plan updating floodplain areas and flood-risk zones.
Instructs the FEMA Administrator to notify the appropriate Members of Congress of actions taken regarding any modernization of a floodplain area or flood-risk zone in their respective states or districts.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1453 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1453
To revise the National Flood Insurance Program to more fairly treat
homeowners who purchase insurance under the program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2011
Mr. Hinchey introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To revise the National Flood Insurance Program to more fairly treat
homeowners who purchase insurance under the program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance Fairness Act of
2011''.
SEC. 2. 5-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY PURCHASE
REQUIREMENT FOR NEW FLOOD HAZARD AREAS.
(a) In General.--Section 102 of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following
new subsection:
``(i) Delayed Effective Date of Mandatory Purchase Requirement for
New Flood Hazard Areas.--
``(1) In general.--In the case of any area that was not
previously designated as an area having special flood hazards
and that, pursuant to any issuance, revision, updating, or
other change in flood insurance maps that takes effect on or
after September 1, 2008, becomes designated as an area having
special flood hazards, such designation shall not take effect
for purposes of subsection (a), (b), or (e) of this section, or
section 202(a) of this Act, until the expiration of the 5-year
period beginning upon the date that such maps, as issued,
revised, update, or otherwise changed, become effective.
``(2) Rule of construction.--Nothing in paragraph (1) may
be construed to affect the applicability of a designation of
any area as an area having special flood hazards for purposes
of the availability of flood insurance coverage, criteria for
land management and use, notification of flood hazards,
eligibility for mitigation assistance, or any other purpose or
provision not specifically referred to in paragraph (1).''.
(b) Conforming Amendment.--The second sentence of subsection (h) of
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101(h)) is amended by striking ``Such'' and inserting ``Except for
notice regarding a change described in section 102(i)(1) of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a(i)(1)), such''.
(c) No Refunds.--Nothing in this section or the amendments made by
this section may be construed to authorize or require any payment or
refund for flood insurance coverage purchased for any property that
covered any period during which such coverage is not required for the
property pursuant to the applicability of the amendment made by
subsection (a).
SEC. 3. 5-YEAR PHASE-IN OF FLOOD INSURANCE RATES FOR NEWLY MAPPED
AREAS.
Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C.
4015) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``or notice'' after ``prescribe by
regulation'';
(2) in subsection (c), by inserting ``and subsection (g)''
before the first comma; and
(3) by adding at the end the following new subsection:
``(g) 5-Year Phase-In of Flood Insurance Rates for Newly Mapped
Areas.--Notwithstanding any other provision of law relating to
chargeable risk premium rates for flood insurance coverage under this
title, in the case of any property that is located within any area that
was not previously designated as an area having special flood hazards
and that, pursuant to any issuance, revision, updating, or other change
in flood insurance maps, becomes designated as such an area, during the
5-year period that begins upon the earlier of (A) the expiration of the
period referred to in section 102(i)(1) of the Flood Disaster
Protection Act of 1973 with respect to such area, or (B) the first date
during such period referred to in such section 102(i)(1) with respect
to such area that flood insurance coverage under this title is in
effect for such property, the chargeable premium rate for flood
insurance under this title with respect to such shall be--
``(1) for the first year of such 5-year period, 20 percent
of the chargeable risk premium rate otherwise applicable under
this title to the property;
``(2) for the second year of such 5-year period, 40 percent
of the chargeable risk premium rate otherwise applicable under
this title to the property;
``(3) for the third year of such 5-year period, 60 percent
of the chargeable risk premium rate otherwise applicable under
this title to the property;
``(4) for the fourth year of such 5-year period, 80 percent
of the chargeable risk premium rate otherwise applicable under
this title to the property; and
``(5) for the fifth year of such 5-year period, 100 percent
of the chargeable risk premium rate otherwise applicable under
this title to the property.''.
SEC. 4. REIMBURSEMENT OF PROPERTY OWNERS FOR COSTS INCURRED IN REQUESTS
TO REMOVE PROPERTY FROM BASE FLOOD ELEVATIONS.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) is amended by adding at the end the following new subsection:
``(k) Reimbursement of Property Owners for Costs Incurred in
Requests To Remove Property From Base Flood Elevations.--If an owner of
a real property incurs expense in connection with the services of
surveyors, engineers, or similar services, but not including legal
services, in effecting any request to the Director to remove the
property from inclusion within the base flood elevations established
under flood insurance map panels, and the Director grants such request
in whole or in part, the Director shall reimburse such individual for
such expense. The amount of such reimbursement shall be determined by
the Director, based on the ratio of the successful portion of the
request as compared to the entire request. The Director shall apply
such ratio to the average cost of such services in the community for
jobs of a similar size.''.
SEC. 5. COMMUNITY OUTREACH PLAN FOR UPDATING FLOODPLAIN AREAS AND
FLOOD-RISK ZONES.
The Administrator of the Federal Emergency Management Agency--
(1) shall, not later than the expiration of the 60-day
period beginning upon the date of the enactment of this Act,
submit to the Congress a community outreach plan for the
updating of floodplain areas and flood-risk zones under section
1360(f) of the National Flood Insurance Act of 1968 (42 U.S.C.
4101(f)); and
(2) may not revise and update any floodplain area or flood-
risk zone under such section 1360(f) of the National Flood
Insurance Act of 1968 until the date on which the Administrator
submits such community outreach plan.
SEC. 6. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), as amended by the preceding provisions of this Act, is further
amended by adding at the end the following new subsection:
``(l) Notification to Members of Congress of Map Modernization.--
Upon any revision or update of any floodplain area or flood-risk zone
pursuant to subsection (f), any decision pursuant to subsection (f)(1)
that such revision or update is necessary, any issuance of preliminary
maps for such revision or updating, or any other significant action
relating to any such revision or update, the Director shall notify the
Senators for each State affected, and each Member of the House of
Representatives for each congressional district affected, by such
revision or update in writing of the action taken.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
Referred to the Subcommittee on Insurance, Housing and Community Opportunity.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line