15 February 2019

Private Flood Insurance Market Rule Approved, Expected to Take Effect in July 2019

Five federal regulatory agencies have approved a long awaited final rule that makes it easier for mortgage lenders to accept private flood insurance policies. The agencies issued the rule in accordance with the Biggert-Waters Flood Insurance Reform Act of 2012, which required regulated institutions to accept certain private flood insurance policies in addition to National Flood Insurance Program (NFIP) policies.

 

The rule is expected to take effect on July 1, 2019.

 

Specifically, the new rule:

  • Will not require lenders to conduct their own review of a private policy if it contains a statement from the insurer certifying that it meets the statutory definition of “private flood insurance,” as established by the 2012 NFIP reauthorization law. Many lenders say they do not have the expertise to evaluate insurance policies during a home sale.
  • Will give banks more discretion to accept private insurance policies that do not meet the statutory definition of private flood insurance, subject to certain conditions. This allows them to continue to accept the multiple-peril policies that already insure many commercial properties.

 

The NFIP is the dominant provider of flood insurance in the U.S. For years, lawmakers have been looking for ways to expand the private flood insurance market to offer homeowners more coverage options, and hopefully to increase the number of homes covered by flood insurance. This rule is one way the federal government is hoping to help private insurers better access the flood insurance market, though Congress continues to consider legislation that will further promote private access to the market.

 

Regulators estimate that more than 300,000 policies in flood zones could be covered by private insurers as a result of the new rule, potentially tripling the current number of private flood insurance policies. FEMA has set a “moonshot” goal to double insurance coverage by 2023, and has acknowledged that this can only be achieved with an expanded private flood insurance market.

 

Read more here.

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Overview

The Water Resources Development Act (WRDA) serves as the primary vehicle through which Congress authorizes U.S. Army Corps of Engineers civil works projects and establishes policy frameworks for water resource development nationwide. Enacted on a biennial schedule, WRDAs provide congressional authorization for USACE to conduct feasibility studies, construct flood risk reduction projects, improve navigation infrastructure, restore aquatic ecosystems, and assist with environmental infrastructure development.
Since the enactment of WRDA 1986, Congress has used these omnibus authorization bills to both create new USACE authorities and refine existing programs based on evolving national priorities and lessons learned from program implementation. Recent WRDAs have addressed critical issues including drought resilience, water supply development, infrastructure modernization, and support for economically disadvantaged communities.
The most recent legislation, the Water Resources Development Act of 2024 (WRDA 2024, P.L. 118-272), continued Congress's bipartisan commitment to strengthening America's water infrastructure by authorizing new construction projects, modifying existing authorities, and establishing updated policy guidance for USACE operations. WRDA 2024 also authorized five new regional environmental infrastructure programs, each incorporating flexible delivery mechanisms that allow federal assistance to be provided through grants or reimbursements to nonfederal sponsors.
Authorization through WRDA is typically a prerequisite for USACE activities to receive federal appropriations through the annual Energy and Water Development appropriations process. This two-step framework—authorization followed by appropriation—ensures congressional oversight of both program scope and funding levels.
Section 219 of WRDA 1992, as amended, represents one of USACE's most geographically expansive environmental infrastructure assistance authorities. Originally enacted to authorize design assistance for 18 specific projects, Section 219 has been amended by subsequent Congresses to authorize both design and construction assistance for water-related environmental infrastructure in hundreds of municipalities, counties, and states across the nation.
The Congressional Research Service has identified over 600 environmental infrastructure assistance authorities with cumulative authorizations of appropriations totaling approximately $18.1 billion. Section 219 authorities constitute the majority of these geographically specific project authorizations, covering at least 46 states, the District of Columbia, and four U.S. territories.
Section 219 projects address critical community needs including wastewater treatment facilities, water supply and distribution systems, stormwater management infrastructure, surface water protection, and environmental restoration. These projects support public health, environmental quality, and economic development in communities that have secured congressional authorization for USACE assistance.
Congress has continued to expand Section 219 in recent legislation. WRDA 2022 added 132 new Section 219 authorities and amended 24 existing authorities. WRDA 2024 authorized an additional 193 new Section 219 authorities and amended 53 existing authorities, providing a combined $5.4 billion increase in authorization of appropriations. WRDA 2024 also established a seven-year pilot program to increase the federal cost share from 75 percent to 90 percent for Section 219 projects benefiting economically disadvantaged communities.
Unlike traditional USACE water resource projects, Section 219 assistance does not require completion of the agency's standard feasibility study process. However, projects receiving Section 219 assistance must comply with applicable federal environmental laws, including the National Environmental Policy Act.
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TFG Presents 2025 Congressional Calendar

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