[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3994 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3994

 To delay the effective date of the mandatory purchase requirement for 
            new flood hazard areas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 1, 2010

Mr. Durbin (for himself and Mr. Schumer) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To delay the effective date of the mandatory purchase requirement for 
            new flood hazard areas, and for other purposes.

    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 Affordability and 
Risk Notification Act''.

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 subsections:
    ``(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 30, 2007, becomes designated as an area having 
        special flood hazards, if each State and local government 
        having jurisdiction over any portion of the geographic area has 
        complied with paragraph (2), 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) Notice requirements.--A State or local government 
        shall be considered to have complied with this paragraph with 
        respect to any geographic area described in paragraph (1) only 
        if the State or local government has in accordance with such 
        standards as shall be established by the Director--
                    ``(A) developed an evacuation plan to be 
                implemented in the event of flooding in such portion of 
                the geographic area; and
                    ``(B) developed and implemented an outreach and 
                communication plan to advise occupants in such portion 
                of the geographic area of potential flood risks, 
                appropriate evacuation routes under the evacuation plan 
                referred to in subparagraph (A), the opportunity to 
                purchase flood insurance, and the consequences of 
                failure to purchase flood insurance.
            ``(3) 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).
    ``(j) Availability of Preferred Risk Rating Method Premiums.--The 
preferred risk rate method premium shall be available for flood 
insurance coverage for properties located in areas referred to in 
subsection (i)(1) and during the time period referred to in subsection 
(i)(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.

    (a) In General.--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 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 expiration of the period referred to in section 102(i)(1) of the 
Flood Disaster Protection Act of 1973 with respect to such area, the 
chargeable premium rate for flood insurance under this title with 
respect to any property that is located within such area 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.''.
    (b) Regulation or Notice.--The Administrator of the Federal 
Emergency Management Agency shall issue an interim final rule or notice 
to implement this section and the amendments made by this section as 
soon as practicable after the date of the enactment of this Act.

SEC. 4. COMMUNICATION AND OUTREACH.

    (a) In General.--The Administrator of the Federal Emergency 
Management Agency shall--
            (1) work to enhance communication and outreach to States, 
        local communities, and property owners about the effects of--
                    (A) any potential changes or updates to National 
                Flood Insurance Program rate maps that may result under 
                section 1360 of the National Flood Insurance Act of 
                1968 (42 U.S.C. 4101); and
                    (B) that any such changes or updates may have on 
                flood insurance purchase requirements;
            (2) engage with local communities to enhance communication 
        and outreach to the residents of such communities on the 
        matters described under subparagraph (A); and
            (3) on the website of the Federal Emergency Management 
        Agency make publicly available information on--
                    (A) the various types of flood protection measures 
                applicable to different classes and types of structures 
                that are located in an area having special flood 
                hazards;
                    (B) the property and casualty insurance companies 
                that participate in the National Flood Insurance 
                Program and that write and service standard flood 
                insurance policies;
                    (C) the availability and cost of flood insurance--
                            (i) under the National Flood Insurance 
                        Program; and
                            (ii) in the private marketplace;
                    (D) data related to the structural status of each 
                levee, dam, or other man-made structure designed to 
                provide protection from floods; and
                    (E) how homeowners and communities can mitigate 
                their flood risk.
    (b) Required Activities.--The communication and outreach activities 
required under paragraph (1) shall include--
            (1) notifying property owners when their properties become 
        included in, or when they are excluded from, an area having 
        special flood hazards and the effect of such inclusion or 
        exclusion on the applicability of the mandatory flood insurance 
        purchase requirement under section 102 of the Flood Disaster 
        Protection Act of 1973 (42 U.S.C. 4012a) to such properties;
            (2) educating property owners regarding the flood risk and 
        reduction of this risk in their community, including the 
        continued flood risks to areas that are no longer subject to 
        the flood insurance mandatory purchase requirement;
            (3) educating property owners regarding the benefits and 
        costs of maintaining or acquiring flood insurance, including, 
        where applicable, lower-cost preferred risk policies under the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) 
        for such properties and the contents of such properties;
            (4) educating property owners about flood map revisions and 
        the process available to such owners to appeal proposed changes 
        in flood elevations through their community; and
            (5) encouraging property owners to maintain or acquire 
        flood insurance coverage.
                                 <all>