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HOUSE DOCKET, NO. 2212 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1087
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Bruce J. Ayers
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to civil liability for improper flood hazard determinations.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Bruce J. Ayers1st Norfolk1/15/2025 1 of 2
HOUSE DOCKET, NO. 2212 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1087
By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 1087) of Bruce
J. Ayers relative to civil liability for improper flood hazard determinations. Financial Services.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 928 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to civil liability for improper flood hazard determinations.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 183 of the General Laws, as appearing in the 2014 Official Edition, is hereby
2amended by inserting after section 69 the following section:-
3 Section 70. (a) A civil action may be brought under this section, by the owner of a
4building or structure, against a company or contractor completing a standard flood hazard
5determination form for a bank or an insurance company regarding whether a building or structure
6is located within a special flood hazard area, if:
7 (1) the person completing the flood hazard determination form:
8 (A) completes the form on behalf of a bank or an insurance company;
9 (B) completes the form for a fee or other consideration; and 2 of 2
10 (C) offers a guarantee for services provided;
11 (2) the flood hazard determination designated incorrectly that a building or structure is
12located in a special flood hazard area or is not located in a special flood hazard area; and
13 (3) the owner of the building or structure suffered damages, including failure to obtain
14flood insurance for the building or structure.
15 (b) In any civil action under this section, there shall be a rebuttable presumption that the
16flood hazard determination was conducted correctly if the standard flood hazard determination
17form is certified by a professional engineer or a professional land surveyor as defined in section
1881D of chapter 112. The rebuttable presumption may be overcome upon a finding of a court,
19based on the preponderance of the evidence, that the flood hazard determination was conducted
20incorrectly.
21 (c) In any such action, the court may award: (i) actual damages; (ii) reasonable attorney’s
22fees; and (iii) court costs.