[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7865 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7865

   To increase the availability of flood insurance for agricultural 
                  structures, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2022

 Mr. Garamendi (for himself and Mr. LaMalfa) introduced the following 
    bill; which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
   To increase the availability of flood insurance for agricultural 
                  structures, 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 for Farmers Act of 
2022''.

SEC. 2. AGRICULTURAL STRUCTURES IN SPECIAL FLOOD HAZARD ZONES.

    (a) Requirements for State and Local Land Use Controls.--Subsection 
(a) of section 1315 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4022(a)) is amended by adding at the end the following new 
paragraph:
            ``(3) Allowable local variances for certain agricultural 
        structures.--
                    ``(A) Requirement.--Notwithstanding any other 
                provision of this Act--
                            ``(i) the land use and control measures 
                        adopted pursuant to paragraph (1) may not, for 
                        purposes of such paragraph, be considered to be 
                        inadequate or inconsistent with the 
                        comprehensive criteria for land management and 
                        use under section 1361 because such measures 
                        provide that, in the case of any agricultural 
                        structure that is located in an area having 
                        special flood hazards, a variance from 
                        compliance with the requirements to elevate or 
                        floodproof such a structure and meeting the 
                        requirements of subparagraph (B) may be 
                        granted; and
                            ``(ii) the Administrator may not suspend a 
                        community from participation in the national 
                        flood insurance program, or place such a 
                        community on probation under such program, 
                        because such land use and control measures 
                        provide for such a variance.
                This subparagraph shall not limit the ability of the 
                Administrator to take enforcement action against a 
                community that does not adopt adequate variance 
                criteria or establish proper enforcement mechanisms.
                    ``(B) Variance; considerations.--The requirements 
                of this subparagraph with respect to a variance are as 
                follows:
                            ``(i) The variance is granted by an 
                        official from a duly constituted State or local 
                        zoning authority, or other authorized public 
                        body responsible for regulating land 
                        development or occupancy in flood-prone areas.
                            ``(ii) In the case of new construction, 
                        such official has determined--
                                    ``(I) that neither floodproofing 
                                nor elevation of the new structure to 
                                the base flood elevation is 
                                practicable; and
                                    ``(II) that the structure is not 
                                located in--
                                            ``(aa) a designated 
                                        regulatory floodway;
                                            ``(bb) an area riverward of 
                                        a levee or other flood control 
                                        structure; or
                                            ``(cc) an area subject to 
                                        high velocity wave action or 
                                        seaward of flood control 
                                        structures.
                            ``(iii) In the case of existing 
                        structures--
                                    ``(I) if such structure is 
                                substantially damaged or in need of 
                                substantial repairs or improvements, 
                                such official has determined that 
                                neither floodproofing nor elevation to 
                                the base flood elevation is 
                                practicable; and
                                    ``(II) if such structure is located 
                                within a designated regulatory 
                                floodway, such official has determined 
                                that the repair or improvement does not 
                                result in any increase in base flood 
                                levels during the base flood discharge.
                            ``(iv) Such official has determined that 
                        the variance will not result in increased flood 
                        heights, additional threats to public safety, 
                        extraordinary public expense, create nuisances, 
                        cause fraud on or victimization of the public, 
                        or conflict with existing local laws or 
                        ordinances.
                            ``(v) Not more than one claim payment 
                        exceeding $1,000 has been made for the 
                        structure under flood insurance coverage under 
                        this title within any period of 10 consecutive 
                        years at any time prior to the granting of the 
                        variance.
                    ``(C) Definitions.--For purposes of this paragraph, 
                the following definitions shall apply:
                            ``(i) Agricultural structure.--The term 
                        `agricultural structure' has the meaning given 
                        such term in paragraph (2)(D), except that such 
                        term includes not more than one single-family 
                        dwelling that, as of the date of enactment of 
                        this paragraph, is located on the same property 
                        as the agricultural operation, but only if such 
                        dwelling is occupied by the owner or operator 
                        of the operation.
                            ``(ii) Floodproofing.--The term 
                        `floodproofing' means, with respect to a 
                        structure, any combination of structural and 
                        non-structural additions, changes, or 
                        adjustments to the structure, including 
                        attendant utilities and equipment, that reduce 
                        or eliminate potential flood damage to real 
                        estate or improved real property, water and 
                        sanitary facilities, structures, or their 
                        contents.''.
    (b) 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 new subsection:
    ``(n) Premium Rates for Certain Agricultural Structures With 
Variances.--Notwithstanding any other provision of this Act, the 
chargeable premium rate for coverage under this title for any structure 
provided a variance pursuant to section 1315(a)(3) shall be the same as 
the rate that otherwise would apply to such structure if the structure 
had been dry floodproofed or a comparable actuarial rate based upon the 
risk associated with structures within the applicable AL-E zone 
established under section 1360(l).''.

SEC. 3. OPTIONAL COVERAGE FOR UMBRELLA POLICIES.

    (a) In General.--Subsection (b) of section 1306 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4013(b)), is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) the Administrator may provide that, in the case of 
        any commercial property or other residential property, 
        including multifamily rental property and agricultural 
        property, one umbrella policy be made available to every 
        insured upon renewal and every applicant with multiple 
        structures on the same property, except that--
                    ``(A) purchase of such coverage shall be at the 
                option of the insured; and
                    ``(B) any such coverage shall be made available 
                only at chargeable rates that are not less than the 
                estimated premium rates for such coverage determined in 
                accordance with section 1307(a)(1).''.
    (b) Report to Congress.--Not later than the expiration of the 5-
year period beginning on the date of the enactment of this Act, the 
Administrator of the Federal Emergency Management Agency shall submit 
to the Congress a report evaluating the implementation of section 
1306(b)(6) of the National Flood Insurance Act of 1968, as added by the 
amendments made by subsection (a) of this section.
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