[Congressional Record Volume 155, Number 55 (Wednesday, April 1, 2009)]
[Senate]
[Pages S4175-S4177]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 762. A bill to promote fire safe communities and for other 
purposes; to the Committee on Homeland Security and Governmental 
Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce a series of 
bills, S. 762, S. 763, and S. 764, designed to better prepare for 
catastrophic wildfires like the ones that recently devastated 
Southwestern Australia and

[[Page S4176]]

that have plagued much of our country for years.
  California has seen unprecedented devastation from wildfires in the 
last 5 years.
  Over 10,000 families have lost their homes.
  Over 4 million acres have been burned.
  In 2007, wildfires in Southern California caused the evacuation of an 
estimated 750,000 people--the largest evacuation in California history.
  In these fires alone, more than a million acres burned, and more than 
2,000 homes were destroyed.
  These fires killed nine people, and injured 130. Mostly firefighters.
  The financial damage is estimated to be in the billions.
  Simply put, this was a disaster of epic proportions.
  It was not the first. Southern California suffered similar wildfire 
losses just 5 years ago.
  We must face the fact that catastrophic wildfires are in California's 
future, and the future of other States.
  Experts predict that things are only going to get worse in the years 
to come.
  Global warming, extended droughts, dangerous invasive species 
outbreaks, and years of poor forest and fuel management have all 
contributed to the explosive conditions that we now face.
  The reality is that California and much of the West is tinder-dry. 
Fires are larger, and they burn hotter and with more intensity.
  In early February we saw the tragic consequences of catastrophic 
wildfire in Australia. Two hundred are dead, a million acres burned, 
and whole communities were wiped out in a matter of hours.
  Here in the U.S. we face that very same possibility, and we must do 
everything we can to stop a similar tragedy from devastating our 
neighborhoods.
  The problem is that more and more people are living in areas at high 
risk of wildfire. There are more than 5 million homes in California 
alone in this high-threat ``wildland-urban interface.'' Across the rest 
of the country, there are nearly 40 million more homes located in the 
wildland urban interface.
  So the question comes: What can be done?
  There is no doubt that we cannot fully eliminate wildfires.
  But I believe that we can take steps now to better protect 
communities, to improve firefighting capabilities, and to improve 
relief and recovery aid.
  The three bills that I am introducing today will get this process 
started. They are the Fire Safe Communities Act, which would establish 
new incentives for communities at risk of wildfires to adopt 
responsible building codes and mitigation practices.
  The Mortgage and Rental Disaster Relief Act, to make sure that 
qualified individuals, displaced by major disasters, are able to make 
their mortgage and rental payments.
  The Disaster Rebuilding Assistance Act, to increase the amount of 
federal dollars available to homeowners whose rebuilding costs outstrip 
their insurance coverage.
  The Fire Safe Communities Act will help protect our communities from 
the catastrophic effects of wildfires.
  Most importantly, it does three key things.
  It gives incentives to local communities that have adopted 
responsible fire-mitigation plans by allowing for greater federal 
reimbursement of firefighting costs during major fires.
  It creates a grant program to encourage responsible development 
practices that meet wildland-urban interface code guidelines.
  It allows for the Department of the Interior and the Department of 
Agriculture to collaboratively work on mitigation projects that will 
protect homes on State and private lands
  In effect, the Federal Government would become the partner of local 
governments as they seek to make their communities fire-safe.
  As I have said, we can never stop wildfires. But we can take 
important steps to make these fires less destructive.
  This bill starts with the first step, by putting a reliable, 
unambiguous definition to ``Fire Safe'' communities.
  Current Wildland fire codes, such as those produced by the 
International Code Council and the National Fire Protection 
Association, compile a comprehensive set of best practices that can be 
adopted by communities that are looking to protect themselves from fire 
damage. If properly implemented, these codes can greatly improve the 
fire resistance of these communities and their residents.
  The fire code guidelines address water supply, construction materials 
and techniques, defensible space, vegetation management, and 
infrastructure standards.
  The target mitigation measures in fire codes have been proven to be 
effective. Firefighter groups, insurance companies, and blue ribbon 
panels have all come to the same conclusions. It is time that we take 
their advice and start making this important investment.
  The bill authorizes a $25 million per year grant program, 
administered by the Federal Emergency Management Agency's, FEMA, Office 
of Grants, and Training.
  It will help communities implement these standards, and bring the 
safest development practices to their neighborhoods.
  This grant program will be available to local governments located in 
the wildlife-urban interface, and to high-threat regions that have 
adopted--or plan to adopt--these responsible firesafe measures.
  As further incentive, this bill makes the existing Fire Management 
Assistance Grants program contingent on the implementation of Firesafe 
codes, standards and ordinances.
  Today under the Fire Management Assistance Grant program, the federal 
government covers 75 percent of the cost of fighting wildfires.
  Under this bill, communities that adopt the firesafe codes would be 
eligible for Federal reimbursement of up to 90 percent of their 
firefighting costs.
  It is important to note that firesafe building codes, standards and 
ordinances are not mandatory. The Federal Government should not be in 
the business of telling local governments how and where to build their 
buildings.
  Instead these are voluntary codes; communities can choose to adopt, 
or not to adopt, at their discretion.
  The bill does not step on the toes of local government. Rather, helps 
all of us reach a common goal.
  I come from local government--I am 9 years a mayor, 9 years a county 
supervisor--and I recognize that zoning is the province of local 
government.
  But we have a real problem here: We know that development in the 
wildland-urban interface is accelerating, and it is making fires more 
costly.
  We need to take steps to improve fire safety in these areas.
  This bill is an important step toward becoming better prepared.
  Now I want to discuss two bills intended to improve recovery aid 
after disaster strikes.
  The Mortgage and Rental Disaster Relief Act will provide much-needed 
relief to working families hit hard by disasters.
  It would authorize FEMA to make mortgage and rental assistance 
available for qualified individuals in communities designated as 
disaster areas by the President under the Stafford Act.
  It is based on an important point: While catastrophic wildfires and 
other disasters can destroy homes, they don't relieve people of the 
financial obligations that come with home ownership or lease 
agreements.
  In most cases, these payments must still be made, even if the 
residence has been wiped out.
  This burden is too much for many working families. They incur 
additional expenses--such as hotel or lodging costs--that come with 
being displaced following a major disaster.
  FEMA used to provide mortgage and rental assistance. But these types 
of assistance were eliminated by the Disaster Mitigation Act of 2000.
  This bill would re-authorize the program, and make several changes to 
ensure that assistance is provided only to those most in need.
  First, to qualify for assistance applicants must demonstrate that 
they face significant economic hardships and suffered disaster-related 
income loss.
  The disaster-related income loss must fit into one of the following 
categories: your employer, or your own business, must be located in the 
area declared a major disaster by the President; you lose your job 
because your

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employer or business has a significant business relationship with a 
company located within the Presidentially declared disaster area; or 
you live in a Presidentially declared disaster area, and have suffered 
financially due to travel restrictions and road closures post-disaster.
  To qualify for this aid, applicants must also provide proof that 
their employment was discontinued as a result of disaster.
  They must also show imminent delinquency, eviction, dispossession, or 
foreclosure.
  Finally, this assistance is available only for up to 18 months, and 
is subject to income caps.
  Only households with adjusted gross incomes of $100,000 or less, in 
high-cost states such as California, would be eligible.
  Households in lower-cost States could be eligible if their annual 
adjusted gross incomes do not exceed $75,000.
  In today's market conditions, the federal government needs to make 
sure that we do everything we can to help families stay in their homes.
  The Mortgage and Rental Assistance Act will prevent foreclosures in 
disaster areas by helping families make their payments on time. Given 
the state of the housing market, this bill is of the utmost importance 
and I urge my colleagues to support this legislation.
  The Disaster Rebuilding Assistance Act would increase the amount of 
money FEMA can provide--for rebuilding and temporary housing--in high-
cost states such as California.
  It is designed to help disaster victims whose rebuilding costs exceed 
their insurance coverage. Or for low income earners who have no 
insurance.
  Sadly, many Californians hit by wildfires or other disasters learn 
too late that their insurance coverage is insufficient.
  This is a real problem in California. In fact, California Insurance 
Commissioner Steve Poizner estimates that as many as 25 percent of the 
victims of the 2007 wildfires were underinsured.
  Let me be clear: this bill will not cover the full costs of 
rebuilding.
  But it will help close the gap, for qualified households in areas 
declared by the President to be disaster areas.
  Today, FEMA can provide up to roughly $28,000 to individuals and 
households whose rebuilding costs exceed their insurance coverage. This 
assistance can be used for rebuilding costs, as well as temporary 
housing.
  The Disaster Rebuilding Assistance Act would increase this amount to 
$50,000 for individuals who earn less than $100,000 per year. By 
increasing the amount of assistance, and targeting the program toward 
lower-income homeowners, the FEMA Disaster Assistance program will more 
efficiently help homeowners recover from disasters.
  The legislation also gives the President the discretion to increase 
this cap, if necessary, to cover rebuilding expenses in high-cost 
states.
  I believe this bill will provide an important step toward giving 
Americans the chance they need to rebuild their lives after suffering 
through a major disaster.
  Catastrophic wildfires are not going away. In fact, the evidence 
strongly suggests they will occur with greater frequency and ferocity.
  But we can take important steps--now--to make our communities safer.
  To strengthen our firefighting capabilities.
  To ensure that more relief and recovery aid is provided to victims, 
so they can get back on their feet as soon as possible.
  These bills are not a panacea. But they are an important first step. 
I urge my colleagues to vote for them.
                                 ______