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Dianne F.
Democrat CA

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  • Statements on Introduced Bills and Joint Resolutions

    by Senator Dianne Feinstein

    Posted on 2015-02-12

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    FEINSTEIN: S. 487. 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; to the Committee on Banking, Housing, and Urban Affairs.

    Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Fire- Damaged Home Rebuilding Act.

    This legislation is simple. It allows families living in federally- designated flood plains to rebuild their home in the event it is destroyed by a fire.

    The bill allows communities to waive requirements that were meant to block reconstruction after floods, but which have been applied to block reconstruction of homes after fires and other natural disasters as well.

    I was first made aware of this issue by a constituent from Sacramento, Jennifer Taylor. Her home in the Natomas neighborhood burned down, and she was denied when she applied for a permit to rebuild it. The county informed her that Federal floodplain regulations required her to elevate the home 20 feet above ground level because of existing deficiencies in the levee protecting her neighborhood.

    Can you imagine what that would look like? Every house in the neighborhood at ground level, and one home towering 20 feet above the rest? More importantly though, the cost would be exorbitant, and would not be covered by her insurance. Instead, the cost would be imposed on a family trying to get back on its feet after a personal tragedy.

    When the home burned down, the family collected $71,000 from their insurance company. Contractors estimated the cost to restore the home to its original condition was $170,000--a significant burden, but one the family was willing to bear.

    But when the family factored in the cost of elevating their home 20 feet, the cost skyrocketed. Contractors estimated the elevation project would cost an additional $200,000.

    Just to restore their home to its previous size and condition, the family would owe $300,000 more than what they received from their insurance.

    There is a fundamental issue of fairness at stake.

    This family tragically lost their home and many of their personal belongings. But instead of helping the family during this difficult time, the Federal Government is instead blocking them from rebuilding. Why? Because the Federal Government has failed to maintain adequate flood protection.

    It just doesn't seem fair.

    The Fire-Damaged Home Rebuilding Act addresses this issue by allowing local communities to grant variances to federal flood plain regulations without jeopardizing their participation in the program.

    The legislation allows waivers to be granted only if all of the following conditions are met: communities must already have taken steps to repair damaged levees, such as seeking Federal authorization of a levee project, and there must be previously existing plans to obtain the requisite 100-year flood protection in the near future.

    The destroyed house must be within a deep floodplain where it would be too expensive and unsightly to elevate the home.

    The new home must be built within the footprint of the destroyed structure.

    The homeowner cannot qualify for new insurance discounts; and the property has never been associated with a claim to the National Flood Insurance Program.

    These limitations will only allow families to rebuild very limited circumstances after tragedy strikes that is unrelated to a flooding event. The number of waivers local governments can approve is capped at ten per year so that this authority is not subject to abuse. This limit will ensure that waivers are used prudently and sparingly.

    I strongly oppose new development in the flood plain. It is irresponsible to permit new homes or businesses to be constructed without adequate mitigation in an area where you know that flooding is likely.

    The Federal floodplain regulations were put in place to block individual homeowners from voluntarily renovating and improving their homes. They were also designed to block homeowners from rebuilding after a flood. By doing so, the Federal Government limits its liability for future flood insurance claims.

    Fire-damaged homes clearly represent an exception to these circumstances, however. So we need to adjust the law to eliminate an unfortunate and unintended consequence of an otherwise good policy.

    City and county governments must be empowered to make case by case judgments about whether it makes sense to elevate damaged structures by 10, 15, or 20 feet when the rest of the neighborhood remains at ground level.

    That is exactly what the Fire-Damaged Home Reconstruction Act does. It provides limited authority to local governments, which will allow them to do what makes sense for their communities and will allow families to rebuild after a fire or other non-flood disaster.

    This is a commonsense piece of legislation and I hope my colleagues will work to quickly adopt the bill.

    ______ By Ms. KLOBUCHAR (for herself, Mr. Enzi, Ms. Stabenow, Mr. Flake, Mr. Leahy, and Mr. Durbin): S. 491. A bill to lift the trade embargo on Cuba; to the Committee on Banking, Housing, and Urban Affairs.

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