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SWCS Winter Meeting

SWCS Winter Meeting. Biggert-Waters (BW-12) Flood Insurance Reform Act – Changes and Impacts. March 14, 2014 Joseph Canas, PE, LEED AP, CFM, Project Manager. The National Flood Insurance Program. Created in 1968 since private flood insurance was difficult to find

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SWCS Winter Meeting

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  1. SWCS Winter Meeting Biggert-Waters (BW-12) Flood Insurance Reform Act – Changes and Impacts March 14, 2014 Joseph Canas, PE, LEED AP, CFM,Project Manager

  2. The National Flood Insurance Program • Created in 1968 since private flood insurance was difficult to find • Modified in 1973, requiring flood insurance for all mortgages through federally insured lenders • 40,000 stream miles mapped nationally • Participating communities responsible for enforcement of floodplain management regulations

  3. Coastal Exposure

  4. Coastal Exposure

  5. The Problem? • Severity and frequency of disasters has increased in recent years • The NFIP is supposed to be self-sufficient, but has had to borrow from the Treasury • Existing mapping models only current risk, and not sea level rise • Premiums under-represent the risk for many older structures

  6. How Bad is It? Sandy

  7. Biggert-Waters Flood Insurance Reform Act of 2012 • Reauthorizes National Flood Insurance Program for 5 years • Existing Subsidies Phased Out • Mapping Initiatives • Intended to make program more sustainable

  8. Biggert-Waters Flood Insurance Reform Act of 2012 • Increases penalties for lenders who do not comply with flood insurance purchase requirements • Increases from $ 350 to $ 2,000 per violation • Allows for escrow of flood insurance for loans made beginning October 1, 2014 • Requires FEMA to: • Build up reserve fund of 1% of the total of all policies • Repay debt within 10 years

  9. Biggert-Waters Flood Insurance Reform Act of 2012 • Authorizes $400 million annually for mapping • Removes restriction that states may only contribute 50 percent of mapping costs • Requires lenders disclose availability of flood insurance under NFIP to all borrowers

  10. Changes for Pre-FIRM Structures Pre-FIRM Structure: Built before the community’s first Flood Insurance Rate Map (FIRM) became effective, and has not been substantially damaged or improved. The premiums for these structures are subsidized by the NFIP, and do not reflect the full actuarial rate for their risk. Substantial Damage / Substantial Improvement: Damage or improvement to a structure totaling 50% or more of the structure’s fair market value

  11. Changes for Pre-FIRM Structures • Subsidized rates to be phased out: • Non-primary residences • Business properties • Severe repetitive loss properties (up to 4 family residences) • Properties where claims payments exceed fair market value • New policies issued at full-risk rates: • After the sale / purchase of a property • After a lapse in coverage • After substantial damage / improvement • Properties uninsured as of October 1, 2012

  12. Phasing Out of Subsidized Rates • Rates to increase 25% per year for pre-FIRM buildings until they achieve full risk rate. • Non-primary residences • Effective January 1, 2013 • Non-residential, severe repetitive loss, and payments exceeding FMV • Effective October 1, 2013

  13. Phase-In Example • Pre-FIRM structure • 3 feet below base flood elevation • Slab-on-grade • Coverage: $ 200K Building / $ 80K Contents • Existing Premium = $ 2,964 • Full Risk Premium = $ 7,922 Year 4 Year 2 Year 3 Existing Year 1

  14. Direct Move to Full-Risk Rates • Sale/purchase of a property after July 5, 2012 • When a new policy is issued after July 5, 2012 • After a policy lapse after October 4, 2012 Existing Year 1

  15. Non-Renewal Notice

  16. Who Does This Impact? Retaining subsidies until sold or lapsed: Pre-FIRM primary residences (578K) No immediate subsidy removal: pre-FIRM condos, 5+ family residences (244K) 25% Phase-In: Non-primary residences, non-residential buildings, SRLPs (253k) Unsubsidized pre-FIRM policies (4.480 M)

  17. Impacts: New England New Hampshire Maine 41% policies impacted 36% policies impacted Massachusetts Vermont 42% policies impacted 53% policies impacted Rhode Island 42% policies impacted Connecticut Not subsidized 25% Phase –in Direct Move to Full-Risk Multi-family, 5+ units 45% policies impacted

  18. Impacts: Connecticut Tolland County 35% Hartford County 39% Windham County Litchfield County 38% 43% New London County Fairfield County 44% Middlesex County 46% 45% New Haven County 44%

  19. Grandfathering Eliminated • Grandfathering • If an insured property was mapped to a higher risk zone or elevation, the additional premium was subsidized • BW-12 ends Grandfathering • Phase in to full risk rates at 20% a year • Begins late 2014 • New maps updated coastal hazards, but do not project impacts of sea level rise • Validity of coastal models has been raised, successfully challenged in Rockport, MA 2010 2013

  20. Effects on Impacted Properties • Property values have declined, or will decline steeply • Some homes may be unsellable • Some property owners will not be able to afford flood insurance required by their lenders

  21. Potential Mitigation Strategies • Elevate existing homes • Educate homeowners that risk changes over time • Obtain grants for FEMA assistance for elevating / relocating • Increase deductibles • Community participation in CRS

  22. Legislative Changes? • Numerous legislative responses have been proposed: • Delay implementation of entire BW-12 legislation pending affordability study • Extend phase-in period to 10 years • Means-tested voucher program for flood insurance premiums / relocations • HR 3370 (Menendez-Grimm) approved by House on March 5, 2014 • Premium increases capped at 18% total • Repeals new policy and property sales triggers • Reinstates grandfathering • Refunds for those who overpaid permiums • Reimbursement of successful appeals

  23. Questions? Joseph Canas, PE, LEED AP, CFM Project Manager Tighe & Bond 1000 Bridgeport Avenue Shelton, CT 06484 (203) 712-1109 jacanas@tighebond.com

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