[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1317 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1317
To improve the resilience of the built and natural environment to
natural disasters and climate change using, among other measures,
natural and nature-based features, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 22, 2019
Mr. Rouda (for himself, Ms. Norton, Mrs. Napolitano, Ms. Barragan, Mr.
Malinowski, Mr. Cartwright, Mr. Peters, Ms. Pressley, Mr. Carbajal, Mr.
Garamendi, Ms. Ocasio-Cortez, and Ms. Meng) introduced the following
bill; which was referred to the Committee on Science, Space, and
Technology, and in addition to the Committees on Transportation and
Infrastructure, Oversight and Reform, Financial Services, and Natural
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To improve the resilience of the built and natural environment to
natural disasters and climate change using, among other measures,
natural and nature-based features, 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 ``Coastal Communities Adaptation
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal State''--
(A) means a State of the United States in, or
bordering on, the Atlantic, Pacific, or Arctic Ocean,
the Gulf of Mexico, the Long Island Sound, or one or
more of the Great Lakes; and
(B) includes the District of Columbia, Puerto Rico,
the Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, the Trust Territories of the
Pacific Islands, and American Samoa.
(3) Natural feature.--The term ``natural feature'' means a
feature that is created through the action of physical,
geological, biological, and chemical processes over time.
(4) Nature-based feature.--The term ``nature-based
feature'' means a feature that is created by human design,
engineering, and construction to provide risk reduction in
coastal areas by acting in concert with natural processes.
(5) Nonstructural measure.--The term ``nonstructural
measure'' means an action, including a modification in public
policy, management practice, regulation, or pricing policy,
that reduces harmful consequences of flooding, but does not
create a structural barrier to floodwaters.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. RESEARCH AND GRANTS TO IMPROVE RESILIENCE OF BUILT ENVIRONMENT.
(a) Definition of Windstorm.--Section 203(4) of the National
Windstorm Impact Reduction Act of 2004 (42 U.S.C. 15702(4)) is amended
to read as follows:
``(4) Windstorm.--The term `windstorm' means any storm with
a damaging or destructive wind component, including--
``(A) a hurricane;
``(B) a tropical storm;
``(C) a northeaster;
``(D) a tornado;
``(E) a thunderstorm; and
``(F) any water induced forces from waves, flood,
storm surge, or rainfall related to a storm described
in subparagraphs (A) through (E).''.
(b) National Institute of Standards and Technology.--Section 204(b)
of the National Windstorm Impact Reduction Act of 2004 (42 U.S.C.
15703(b)) is amended--
(1) in paragraph (1)(A), by striking ``buildings'' and
inserting ``buildings, structures,''; and
(2) by amending paragraph (2) to read as follows:
``(2) National institute of standards and technology.--In
addition to the lead agency responsibilities described under
paragraph (1), the Director of the National Institute of
Standards and Technology shall--
``(A) carry out research and development to improve
the resilience and responsiveness of buildings,
structures, and lifelines to windstorms, including by
recommending for the design, construction, and retrofit
of buildings, structures, and lifelines--
``(i) model building codes;
``(ii) voluntary design standards; and
``(iii) best practices;
``(B) award grants on a competitive basis for
research and development for the purpose described in
subparagraph (A);
``(C) in coordination with other relevant entities,
provide research and guidance related to windstorms and
other climate change or extreme weather to standards
developing organizations for their consideration in the
development of design standards and building codes; and
``(D) conduct public outreach and education and
training programs related to this chapter for design
and construction professionals.''.
(c) National Science Foundation.--Section 204(b)(3) of the National
Windstorm Impact Reduction Act of 2004 (42 U.S.C. 15703(b)(3)) is
amended to read as follows:
``(3) National science foundation.--The Director of the
National Science Foundation, in coordination with the heads of
other Federal agencies conducting related activities, shall
support research, including multidisciplinary research--
``(A) on engineering and the atmospheric sciences
to improve the understanding of the behavior of
windstorms and their impact on buildings, structures,
and lifelines;
``(B) on the impact of economic and social factors
on windstorm risk reduction measures;
``(C) to improve the resilience of buildings,
structures, and lifelines to windstorms; and
``(D) to improve the responsiveness of buildings,
structures, and lifelines after a windstorm.''.
(d) Department of Housing and Urban Development.--Section 204(b) of
the National Windstorm Impact Reduction Act of 2004 (42 U.S.C.
15703(b)) is amended by adding at the end the following:
``(6) Department of housing and urban development.--The
Secretary of the Department of Housing and Urban Development
shall promote the adoption of windstorm preparedness and
mitigation measures for manufactured HUD code housing units.''.
(e) Interagency Coordinating Committee on Windstorm Impact
Reduction.--Section 204(e)(2)(A) of the National Windstorm Impact
Reduction Act of 2004 (42 U.S.C. 15703(e)(2)(A)) is amended--
(1) in clause (iv), by striking ``; and'' and inserting a
semicolon; and
(2) by adding at the end the following:
``(vi) the Department of Housing and Urban
Development; and''.
SEC. 4. BUILT TO LAST STAMP.
(a) In General.--In order to afford the public a direct and
tangible way to contribute to funding for shoreline risk and climate
change adaptation, the United States Postal Service shall issue a
semipostal (referred to in this section as the ``Built to Last Stamp'')
in accordance with subsection (b).
(b) Requirements.--The provisions of section 416 of title 39,
United States Code, shall apply as practicable with respect to the
Built to Last Stamp, subject to the following:
(1) Design.--The Built to Last Stamp shall depict such
design as the Postal Service, in consultation with the
Secretary, considers appropriate.
(2) Disposition of proceeds.--Subject to subsection (d)(3)
of that section, the amounts becoming available from the sale
of the Built to Last Stamp shall be deposited in the Built to
Last Stamp Fund under subsection (c) of this section.
(c) Built to Last Stamp Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the Built to Last
Stamp Fund.
(2) Assets.--The Built to Last Stamp Fund shall consist of
the following:
(A) Amounts deposited under subsection (b)(2).
(B) Such amounts as are appropriated or otherwise
made available to the fund.
(3) Availability.--Amounts in the Built to Last Stamp Fund
shall remain available to the Secretary to carry out sections 5
and 6 of this Act until expended.
SEC. 5. PRIZE COMPETITIONS.
(a) In General.--The Secretary may carry out a program to award
prizes competitively under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719), for the purpose
described in subsection (b).
(b) Purpose.--The purpose described in this subsection is to
stimulate innovation to advance coastal risk reduction and resilience
measures as follows:
(1) Natural features, including dunes, reefs, and wetlands.
(2) Nature-based features, including beach nourishment,
dune restoration, wetland and other coastal habitat
restoration, and living shoreline construction.
(3) Nonstructural measures, including flood proofing of
structures, flood warning systems, and elevated development.
SEC. 6. CATALOG OF RESEARCH ON APPLICABLE COASTAL RISK REDUCTION AND
RESILIENCE MEASURES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, acting through the Administrator, shall--
(1) identify all Department of Commerce research activities
regarding applicable coastal risk reduction and resilience
measures;
(2) consult with the heads of other Federal agencies to
identify what activities, if any, those Federal agencies are
conducting regarding applicable coastal risk reduction and
resilience measures;
(3) evaluate the effectiveness of the activities identified
under paragraphs (1) and (2); and
(4) appoint one or more officers or employees of the
National Oceanic and Atmospheric Administration to liaise with
non-Federal entities conducting research related to applicable
coastal risk reduction and resilience measures in order to
eliminate redundancies, cooperate for common climate research
goals, and to make research findings readily available to the
public.
(b) Definition of Applicable Coastal Risk Reduction and Resilience
Measures.--In this section, the term ``applicable coastal risk
reduction and resilience measures'' means natural features, nature-
based features, or nonstructural measures.
SEC. 7. GRANTS TO COASTAL STATES FOR ESTABLISHMENT OF REVOLVING FUNDS.
(a) Capitalization Grants.--
(1) In general.--The Secretary, acting through the
Administrator, shall award capitalization grants to each
coastal State for the purpose of establishing a community
resilience revolving fund under subsection (b) to carry out the
activities described in paragraph (3) of that subsection.
(2) Schedule of grant payments.--The Administrator shall
pay to the coastal State the amount of each grant to be made to
the coastal State under paragraph (1) in quarterly
installments.
(3) Agreements.--To receive a capitalization grant under
paragraph (1), a coastal State shall enter into an agreement
with the Administrator that--
(A) the coastal State will accept grant payments
with funds to be made available under paragraph (1) and
will deposit all such payments in the community
resilience revolving fund established by the coastal
State under subsection (b);
(B) the coastal State will deposit in the fund from
State moneys an amount equal to at least 20 percent of
the total amount of all capitalization grants which
will be made to the coastal State with funds to be made
available under this section on or before the date on
which each quarterly grant payment will be made to the
coastal State under this paragraph (2) of this
subsection;
(C) the coastal State will enter into binding
commitments to provide assistance in accordance with
the requirements of this section in an amount equal to
120 percent of the amount of each such grant payment
not later than 1 year after the date of receipt of such
grant payment;
(D) all funds in the community resilience revolving
fund established by the coastal State will be expended
in an expeditious and timely manner;
(E) in addition to complying with the requirements
of this section, the coastal State will commit or
expend each quarterly grant payment which it will
receive under this subsection in accordance with laws
and procedures applicable to the commitment or
expenditure of revenues of the coastal State;
(F) the coastal State will use accounting, audit,
and fiscal procedures conforming to generally accepted
government accounting standards;
(G) the coastal State will require as a condition
of making a loan or providing other assistance from the
community resilience revolving fund established by the
coastal State that the recipient of such assistance
will maintain project accounts in accordance with
generally accepted government accounting standards,
including standards relating to the reporting of
infrastructure assets;
(H) the coastal State will make annual reports to
the Administrator on the actual use of funds;
(I) the coastal State will establish, maintain,
invest, and credit the community resilience revolving
fund established by the coastal State with repayments,
such that the fund balance will be available in
perpetuity for activities under this section;
(J) any fees charged by the coastal State to
recipients of assistance that are considered program
income will be used for the purpose of financing the
cost of administering the community resilience
revolving fund established by the coastal State or
financing projects or activities eligible for
assistance from the community resilience revolving
fund;
(K) the coastal State will require as a condition
of providing assistance to a municipality or
intermunicipal, interstate, or State agency that the
recipient of such assistance certify, in a manner
determined by the Governor of the coastal State, that
the recipient has studied and evaluated the
sustainability of the processes, materials, techniques,
and technologies for carrying out the proposed project
or activity for which assistance is sought under this
section; and
(L) a contract to be carried out using funds
directly made available by a capitalization grant under
this section for program management, construction
management, feasibility studies, preliminary
engineering, design, engineering, surveying, mapping,
or architectural related services shall be negotiated
in the same manner as a contract for architectural and
engineering services is negotiated under chapter 11 of
title 40, United States Code, or an equivalent State
qualifications-based requirement (as determined by the
Governor of the coastal State).
(b) Community Resilience Revolving Funds.--
(1) Establishment.--Before a coastal State may receive a
capitalization grant with funds made available under subsection
(a)(1), the coastal State shall first establish a community
resilience revolving fund which complies with the requirements
of this section.
(2) Administration.--Each coastal State community
resilience revolving fund shall be administered by an
instrumentality of the coastal State with such powers and
limitations as may be required to operate such fund in
accordance with the requirements and objectives of this
section.
(3) Use of funds.--The amounts of funds available to each
coastal State community resilience revolving fund shall be used
only for providing financial assistance to any municipality or
intermunicipal, interstate, or State agency--
(A) for the completion of a vulnerability
assessment;
(B) for the protection of natural flood risk
mitigation features, including land acquisition from
willing sellers;
(C) for the construction of natural features or
nature-based features, including beach nourishment and
dune restoration;
(D) for the implementation of a regional sediment
management program;
(E) for the development and implementation of a
shoreline conservation and management plan;
(F) for the restoration, repair, or replacement of
wetlands and living shorelines;
(G) for other measures to prevent, manage,
mitigate, or adapt to shoreline erosion, saltwater
intrusion, nuisance flooding, sea level rise, and other
coastal hazards related to climate change;
(H) to carry out nonstructural measures to mitigate
flood risk; and
(I) to plan, develop, and obtain financing for
eligible projects under this subsection, including
planning, design, and associated preconstruction
activities.
(4) Issuance of loans.--Except as otherwise limited by
State law, a community resilience revolving fund of a coastal
State under this section may be used only--
(A) to make loans, on the condition that--
(i) such loans are made at or below market
interest rates, including interest free loans,
at terms not to exceed the lesser of 30 years
and the projected useful life (as determined by
the coastal State) of the project to be
financed with the proceeds of the loan;
(ii) annual principal and interest payments
will commence not later than 1 year after the
date of completion of any project and all loans
will be fully amortized upon the expiration of
the term of the loan;
(iii) the recipient of a loan will
establish a dedicated source of revenue for
repayment of loans; and
(iv) the fund will be credited with all
payments of principal and interest on all
loans;
(B) to buy or refinance the debt obligation of
municipalities and intermunicipal and interstate
agencies within the coastal State at or below market
rates, where such debt obligations were incurred after
January 1, 2013;
(C) to guarantee, or purchase insurance for, local
obligations where such action would improve credit
market access or reduce interest rates;
(D) as a source of revenue or security for the
payment of principal and interest on revenue or general
obligation bonds issued by the coastal State if the
proceeds of the sale of such bonds will be deposited in
the community resilience revolving fund;
(E) to provide loan guarantees for similar
revolving funds established by municipalities or
intermunicipal agencies;
(F) to earn interest on community resilience
revolving fund accounts; and
(G) for the reasonable costs of administering the
community resilience revolving fund and conducting
activities under this section, except that such amounts
shall not exceed 3 percent of all grant awards to such
fund under this section, plus the amount of any fees
collected by the coastal State for such purpose
regardless of the source.
(5) Subsidization.--
(A) In general.--In any case in which a coastal
State provides assistance to a municipality or an
intermunicipal, interstate, or State agency, the
coastal State may provide additional subsidization,
including forgiveness of principal and negative
interest loans--
(i) to benefit a municipality or
intermunicipal agency that--
(I) meets the affordability
criteria of the coastal State
established under subparagraph (B); or
(II) does not meet the
affordability criteria of the coastal
State if the recipient--
(aa) seeks additional
subsidization to benefit
individual ratepayers in the
residential user rate class;
(bb) demonstrates to the
coastal State that such
ratepayers will experience a
significant hardship from the
increase in rates necessary to
finance the project or activity
for which assistance is sought;
and
(cc) ensures, as part of an
assistance agreement between
the coastal State and the
recipient, that the additional
subsidization provided under
this paragraph is directed
through a user charge rate
system (or other appropriate
method) to such ratepayers; or
(ii) to implement a process, material,
technique, or technology--
(I) to address resilience goals; or
(II) to encourage sustainable
project planning, design, and
construction.
(B) Affordability criteria.--
(i) In general.--Not later than January 1,
2020, and after providing notice and an
opportunity for public comment, a coastal State
shall establish affordability criteria to
assist in identifying municipalities that would
experience a significant hardship raising the
revenue necessary to finance a project or
activity eligible for assistance under
paragraph (3) if additional subsidization is
not provided.
(ii) Basis of criteria.--The criteria under
clause (i) shall be based on income and
unemployment data, population trends, and other
data determined relevant by the coastal State,
including whether the project or activity is to
be carried out in an economically distressed
area, as described in section 301 of the Public
Works and Economic Development Act of 1965 (42
U.S.C. 3161).
(C) Additional subsidization.--
(i) In general.--A coastal State may
provide additional subsidization in a fiscal
year under this paragraph only if the total
amount appropriated for making capitalization
grants to all coastal States under this section
for the fiscal year exceeds $500,000,000.
(ii) Limitation.--Except as provided in
clause (iii), a coastal State may use not more
than 30 percent of the total amount received by
the coastal State in capitalization grants
under subsection (b) for a fiscal year for
providing additional subsidization under this
paragraph.
(iii) Exception.--If, in a fiscal year, the
amount appropriated for making capitalization
grants to all coastal States under this section
exceeds $500,000,000 by a percentage that is
less than 30 percent, clause (ii) shall be
applied by substituting that percentage for 30
percent.
(c) Compliance.--
(1) In general.--If the Administrator determines that a
coastal State has not complied with its agreement with the
Administrator under subsection (a)(3) or any other requirement
of this section, the Administrator shall notify the coastal
State of such noncompliance and the necessary corrective
action.
(2) Withholding payments.--If a coastal State does not take
corrective action within 60 days after the date the coastal
State receives notification of such action under paragraph (1),
the Administrator shall withhold additional payments to the
coastal State until the Administrator is satisfied that the
coastal State has taken the necessary corrective action.
(3) Reallotment of payments.--If the Administrator is not
satisfied that adequate corrective actions have been taken by
the coastal State not later than 12 months after the coastal
State is notified of such actions under paragraph (1), the
payments withheld from the coastal State by the Administrator
under paragraph (2) shall be made available for reallotment in
accordance with the most recent formula for allotment of funds
under this section.
(d) Fiscal Control and Auditing Procedures.--Each coastal State
electing to establish a community resilience revolving fund under this
section shall establish fiscal controls and accounting procedures
sufficient to assure proper accounting during appropriate accounting
periods for--
(1) payments received by the fund;
(2) disbursements made by the fund; and
(3) fund balances at the beginning and end of the
accounting period.
(e) Annual Federal Audits.--Not less frequently than once each
year, the Administrator shall conduct or require each coastal State to
have independently conducted reviews and audits as may be deemed
necessary or appropriate by the Administrator to carry out the
objectives of this section. Audits of the use of funds deposited in the
community resilience revolving fund established by such coastal State
shall be conducted in accordance with the auditing procedures of the
Government Accountability Office, including chapter 75 of title 31,
United States Code.
(f) Intended Use Plan.--After providing for public comment and
review, each coastal State shall annually prepare a plan identifying
the intended uses of the amounts available to its community resilience
revolving fund. Such intended use plan shall include--
(1) a list of those projects for construction;
(2) a description of the short- and long-term goals and
objectives of its community resilience revolving fund;
(3) information on the activities to be supported, terms of
financial assistance, and communities served; and
(4) the criteria and method established for the
distribution of funds.
(g) Annual Report.--Beginning the first fiscal year after the
receipt of payments under this section and each fiscal year thereafter,
each coastal State shall provide a report to the Administrator
describing how the coastal State has met the goals and objectives for
the previous fiscal year as identified in the plan prepared for the
previous fiscal year pursuant to subsection (f).
(h) Annual Federal Oversight Review.--
(1) In general.--Not less frequently than once each year,
the Administrator shall conduct an oversight review of each
coastal State plan prepared under subsection (f), each coastal
State report prepared under subsection (g), and other such
materials as are considered necessary and appropriate in
carrying out the purposes of this section.
(2) Availability of records.--After reasonable notice by
the Administrator to the coastal State or the recipient of a
loan from a community resilience revolving fund, the coastal
State or loan recipient shall make available to the
Administrator such records as the Administrator reasonably
requires to review and determine compliance with this section.
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