H. R. 6614
IN THE HOUSE OF REPRESENTATIVES
November 29, 2012
Ms. Matsui introduced the following bill; which was referred to the Committee on Financial Services
To amend the National Flood Insurance Act of 1968 to allow the rebuilding of certain structures located in special flood hazard zones, and for other purposes.
This Act may be cited as the
Fire-Damaged Home Rebuilding Act of
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:
Variance for certain residential structures
Notwithstanding any other provision of this Act, after the expiration of the 3-month period beginning on the date of the enactment of the Fire-Damaged Home Rebuilding Act of 2012, any land use and control measures required to be adopted pursuant to paragraph (1) shall not, for purposes of such paragraph, be considered to be adequate or consistent with the comprehensive criteria for land management and use under section 1361 unless such measures provide that, in the case of any residential structure that is located in an area having special flood hazards and is substantially damaged other than as a result of a flood, a variance in accordance with subparagraph (B) may be granted.
A variance in accordance with this subparagraph is a variance from compliance with such land use and control measures that—
allows for the repair and restoration of such structure to its predamaged condition on the original location of the structure without elevation of the structure, but only if the owner of such structure at the time of such damage repairs and restores such structure for the purpose of continued occupancy; and
may be granted only by the appropriate regional director of the Federal Emergency Management Agency, after taking into consideration—
whether granting such a variance would help avoid blight in the neighborhood in which the structure is located; and
whether denying such a variance would require the structure to be elevated in a manner such that the structure is inappropriate with respect to adjacent structures;
the history and frequency of flooding in the area in which the structure is located; and
the cost to the homeowner of elevating the structure so that it is in compliance with such land use and control measures.
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:
Premium rates for structures with certain variances
Notwithstanding any other provision of this Act, the chargeable premium rate for coverage under this title for any residential structure provided a variance pursuant to section 1315(a)(3) shall, after repair and restoration of the structure pursuant to such variance, be the rate that otherwise would apply to such structure if the structure had not been substantially damaged and repaired and restored pursuant to such variance.