[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 667 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 667

    To amend the National Flood Insurance Act of 1968 to allow the 
 rebuilding, without elevation, of certain structures that are located 
in areas having special flood hazards and are substantially damaged by 
                     fire, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 8, 2013

Mrs. Feinstein introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend the National Flood Insurance Act of 1968 to allow the 
 rebuilding, without elevation, of certain structures that are located 
in areas having special flood hazards and are substantially damaged by 
                     fire, 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 ``Fire-Damaged Home Rebuilding Act of 
2013''.

SEC. 2. REQUIREMENTS FOR STATE AND LOCAL LAND USE CONTROLS.

    Section 1315(a) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4022(a)) is amended by adding at the end the following:
            ``(3) Allowable local variances for certain residential 
        structures.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `covered area' means an area 
                        having special flood hazards that--
                                    ``(I) is or will be protected by a 
                                levee system--
                                            ``(aa) that meets or will 
                                        meet the requirements 
                                        established under section 65.10 
                                        of title 44, Code of Federal 
                                        Regulations, or any successor 
                                        thereto; and
                                            ``(bb) with respect to 
                                        which adequate progress toward 
                                        the repair, replacement, or 
                                        construction of the levee 
                                        system has been made, provided 
                                        that such progress is 
                                        acceptable to the 
                                        Administrator; and
                                    ``(II) absent the protection 
                                provided by the levee system, is 
                                subject to significant base flood 
                                elevations of not less than a 
                                reasonable height, as determined by the 
                                Administrator;
                            ``(ii) the term `eligible structure' means 
                        a residential structure that--
                                    ``(I) is located in a covered area; 
                                and
                                    ``(II) is substantially damaged by 
                                a fire or other disaster, not including 
                                a flood; and
                            ``(iii) the term `substantially damaged', 
                        with respect to a structure, means a structure 
                        that incurs substantial damage, as that term is 
                        defined in section 59.1 of title 44, Code of 
                        Federal Regulations, or any successor thereto.
                    ``(B) Authorization for variances.--Notwithstanding 
                any other provision of this title, the adequate land 
                use and control measures required to be adopted in an 
                area (or subdivision thereof) pursuant to paragraph (1) 
                may permit an appropriate State or local authority to 
                grant a variance described in subparagraph (C).
                    ``(C) Requirements for variances.--A variance 
                described in this subparagraph is a variance from 
                compliance with the adequate land use and control 
                measures required to be adopted in an area (or 
                subdivision thereof) pursuant to paragraph (1) that 
                allows for the repair and restoration of an eligible 
                structure to its predamaged condition without elevation 
                of the structure, after an appropriate State or local 
                authority determines that--
                            ``(i) the repaired and restored structure 
                        will be located on the same site as the 
                        structure was located before being 
                        substantially damaged by a fire or other 
                        disaster, not including a flood;
                            ``(ii) the footprint of the repaired and 
                        restored structure will not exceed the 
                        footprint of the original structure;
                            ``(iii) the number of floors of the 
                        repaired and restored structure will not exceed 
                        the number of floors of the original structure;
                            ``(iv) the elevation of the repaired and 
                        restored structure will be consistent with 
                        existing construction in the neighborhood;
                            ``(v) no claims payments have been made 
                        under flood insurance coverage under this title 
                        for damages to or loss of the structure;
                            ``(vi) the owner of the structure has owned 
                        the structure continually from before the time 
                        of the damage described in clause (i); and
                            ``(vii) the repair and restoration of the 
                        structure is for the purpose of occupancy by 
                        the owner of the structure.
                    ``(D) Maximum number of variances.--During any 
                calendar year, an appropriate State or local authority 
                may not grant more than 10 variances in accordance with 
                this paragraph for an area (or subdivision thereof).
                    ``(E) Prohibition.--The Administrator may not--
                            ``(i) find that land use and control 
                        measures are inadequate or inconsistent with 
                        the comprehensive criteria for land management 
                        and use under section 1361 because the land use 
                        and control measures permit the granting of a 
                        variance in accordance with this paragraph; or
                            ``(ii) suspend an area (or subdivision 
                        thereof) from participation in the national 
                        flood insurance program or place an area (or 
                        subdivision thereof) on probation under the 
                        national flood insurance program because the 
                        area has adopted land use and control measures 
                        that permit the granting of a variance in 
                        accordance with this paragraph.''.

SEC. 3. PREMIUM RATES.

    Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4015) is amended by adding at the end the following:
    ``(j) Prohibition on Lowering Premium Rate for Structures Rebuilt 
Pursuant to Certain Variances.--Notwithstanding any other provision of 
this title, after the repair and restoration of a residential structure 
pursuant to a variance granted in accordance with section 1315(a)(3), 
the chargeable premium rate for the structure may not be lower than the 
rate that otherwise would apply to the structure if the structure had 
not been substantially damaged by a fire or other disaster, not 
including a flood, and repaired and restored pursuant to the 
variance.''.
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