Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H980 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 236 FILED ON: 1/7/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 980
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patrick Joseph Kearney
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a flood mitigation and preparedness program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Patrick Joseph Kearney4th Plymouth1/7/2025 1 of 8
16	16	HOUSE DOCKET, NO. 236 FILED ON: 1/7/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 980
18	18	By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 980) of
19	19	Patrick Joseph Kearney for legislation to establish a flood mitigation and preparedness program.
20	20	Environment and Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 842 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act establishing a flood mitigation and preparedness program.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Section 1. Flood mitigation and preparedness loan or grant program
32	32	2 (a) There shall be established and set upon the books of the Commonwealth a separate
33	33	3fund to be known as the Flood Mitigation and Preparedness Fund into which shall be deposited
34	34	4amounts credited or transferred to the fund by the general court or any other source including,
35	35	5without limitation, federal grants; loan repayments; investment earnings on monies in the fund;
36	36	6and any other amounts required to be credited to the fund by operation of law, resolution or
37	37	7agreement entered into by the Department of Conservation and Recreation. The fund shall be
38	38	8administered by the Secretary of Energy and Environmental Affairs. Monies deposited into the
39	39	9fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and
40	40	10shall be available for expenditure in the subsequent fiscal year. 2 of 8
41	41	11 (b) Amounts credited to the fund shall be used, without further appropriation, to provide
42	42	12grants or loans to local governmental bodies to:
43	43	13 i. Finance costs or to loan against federal reimbursements to individuals that meet
44	44	14program eligibility by the community, for projects that include, but are not limited to, elevating
45	45	15vulnerable utilities, installation of flood equalization vents, elevating buildings, or any eligible
46	46	16project as defined in Section 3 that is determined to be flood mitigation or wet floodproofing
47	47	17projects and,
48	48	18 ii. Fund all the administrative actions involved in administering this program or any other
49	49	19state or federal mitigation grant or loan programs at the community level whether funding is or is
50	50	20not awarded and,
51	51	21 iii. Fund outreach and education activities within communities that relate to information
52	52	22around programs and projects that are funded within this Act.
53	53	23 Section 2. Definitions
54	54	24 Base Flood Elevation (BFE)—Elevation of flooding, including wave height, having a 1%
55	55	25chance of being equaled or exceeded in any given year.
56	56	26 Community—Any state or area or political subdivision thereof, or any Indian tribe or
57	57	27authorized tribal organization, or authorized native organization, which has the authority to adopt
58	58	28and enforce this standard for areas within its jurisdiction.
59	59	29 Design Flood Elevation (DFE) —Elevation of the design flood, including wave height,
60	60	30relative to the datum specified on the community’s flood hazard map. 3 of 8
61	61	31 Dry Floodproofing—A combination of measures that results in a structure, including the
62	62	32attendant utilities and equipment, being watertight with all elements substantially impermeable
63	63	33and with structural components having the capacity to resist flood loads.
64	64	34 Flood- A general and temporary condition of partial or complete inundation of two or
65	65	35more acres of normally dry land area or of two or more properties, at least one of which is the
66	66	36policyholder’s property, from:
67	67	37 (i) overflow of inland or tidal waters;
68	68	38 (ii) unusual and rapid accumulation or runoff of surface waters from any source; or
69	69	39 (iii) mudflow; or
70	70	40 (b) collapse or subsidence of land along the shore of a lake or similar body of water as a
71	71	41result of erosion or undermining caused by waves or currents of water exceeding anticipated
72	72	42cyclical levels that result in a flood as defined in this section.
73	73	43 Floodproofing—Any combination of structural or nonstructural adjustments, changes, or
74	74	44actions that reduce or eliminate flood damage to a structure, contents, and attendant utilities and
75	75	45equipment.
76	76	46 Mitigation— sustained action to reduce or eliminate risk to people and property from
77	77	47hazards and their effects.
78	78	48 Preparedness— a state of readiness to respond to a disaster, crisis or any other type of
79	79	49emergency situation. 4 of 8
80	80	50 Special Flood Hazard Area —Land in the floodplain subject to a 1% or greater chance of
81	81	51flooding in any given year; area delineated on the Flood Insurance Rate Map as Zone A, AE, A1-
82	82	5230, A99, AR, AO, AH, V, VO, VE, or V1-30.
83	83	53 Structure—Any building or other structure, including gas and liquid storage tanks.
84	84	54 Structural Elevation— The raising of a vulnerable structure's finished first floor safely at
85	85	55or above the design flood elevation and demolishing or retrofitting the foundation.
86	86	56 Substantial improvement- Any reconstruction, rehabilitation, addition, or other
87	87	57improvement to a structure, the cost of which equals or exceeds 50% of its pre-improvement
88	88	58market value This term includes structures that have incurred substantial damage, regardless of
89	89	59the actual repair work performed.
90	90	60 Wet Floodproofing—Floodproofing method that relies on the use of flood damage-
91	91	61resistant materials and construction techniques in areas of a structure that are below the elevation
92	92	62required by this standard by intentionally allowing those areas to flood
93	93	63 Section 3. Program eligibility
94	94	64 (a) For funding under Section 1 sub paragraph (i), those eligible to receive funding are
95	95	65any buildings defined by the NFIP to be a 1-4 family residence that meet the following criteria:
96	96	66 i. Those properties deemed as Severe Repetitive Losses under the National Flood
97	97	67Insurance Program
98	98	68 ii. Those properties deemed as Repetitive Losses under the National Flood Insurance
99	99	69Program iii. Those deemed as “vulnerable populations” as defined by the Massachusetts Hazard
100	100	70Mitigation and Climate Adaptation Plan as found on page 2-10. 5 of 8
101	101	71 A priority shall be given to those that meet multiple categories of the above eligibility
102	102	72criteria. The secretary shall determine whether the program funds all projects within a
103	103	73community application per award.
104	104	74 (b) For funding under Section 1 sub paragraph ii and iii, those eligible for funding are
105	105	75communities within the Commonwealth of Massachusetts that,
106	106	76 i. Participate in the National Flood Insurance Program, and
107	107	77 ii. Have active and approved Hazard Mitigation Plans, and
108	108	78 iii. Have qualifying structures for eligibility under Section 3 paragraph (a)
109	109	79 Section 4. Program requirements
110	110	80 (a) The secretary shall promulgate rules and regulations for the administration and
111	111	81implementation of this section within the framework of the following requirements for projects
112	112	82under Section 1 paragraph (i):
113	113	83 i. Eligible applicants with eligible projects shall apply to the community where the
114	114	84project resides
115	115	85 ii. The Community shall review applications for program eligibility and program
116	116	86requirements. The Community shall then send applications to the Flood Mitigation Review
117	117	87Board
118	118	88 iii. Any substantially improved funded project shall comply with current state building
119	119	89code. Any funded building retrofit project that does not constitute a substantial improvement but 6 of 8
120	120	90would be defined as wet or dry floodproofing by the NFIP must result in a project that would
121	121	91both:
122	122	92 a. Reduce the premium of an NFIP flood insurance policy, whether in place or placed in
123	123	93the future on the structure and b. Follow state building codes and requirements for the particular
124	124	94parts of the project being completed
125	125	95 No project shall be approved which does not, by judgment of the local code official,
126	126	96reduce flood damage and flood risk to the structure.
127	127	97 iv. Any project which is funded that elevated utilities must require such utilities be
128	128	98elevated at or above the design flood elevation or to the buildings next highest floor, whichever
129	129	99is higher.
130	130	100 v. Projects that are funded shall be inspected by the local code official. The final
131	131	101inspection and signed off completion documents shall be sent no later than 30 days from
132	132	102completion to the Flood Mitigation Review Board for record keeping and tracking purposes.
133	133	103 Section 5. Application process
134	134	104 (a) All applications for funding under Section 1 sub paragraph (i) from individuals
135	135	105meeting program eligibility requirements shall be submitted to the community. The application
136	136	106timeframe shall be September 1st to December 31st annually. The local code official shall
137	137	107review projects to ensure the projects meet program eligibility and program requirements. The
138	138	108community shall, at the end of the application period, review applications for both program
139	139	109eligibility and program requirements. Those eligible applications shall be sent to the Flood
140	140	110Mitigation Review Board for approval and funding. 7 of 8
141	141	111 (b) Applications for funding under Section 1 sub paragraph (ii) and (iii) shall be sent
142	142	112from the community to the Flood Mitigation and Preparedness Review Board for funding. A
143	143	113detailed plan for outreach and education following similar guidance to the Community Rating
144	144	114System’s Program For Public Information shall be followed for funding under Section 1 sub
145	145	115paragraph (iii).
146	146	116 Section 6. Flood Mitigation and Preparedness Review Board
147	147	117 (a) The Flood Mitigation and Preparedness Review Board, an independent body
148	148	118established by the governor, shall review applications submitted by communities to ensure that
149	149	119projects meet the program eligibility and program requirements. The Review Board shall only
150	150	120deem that projects meet these requirements for approval and may only disapprove applications
151	151	121by not meeting project requirements for funding as funding allows in each application period.
152	152	122 (b) Projects that do not meet program eligibility and requirements shall be denied funding
153	153	123by the Review Board. A letter from the Review Board must be sent no later than 90 days from
154	154	124the date that projects are not funded to the Community explaining the reasons. If a project within
155	155	125the Community’s application does not meet program eligibility and program requirements, the
156	156	126Review Board may approve the portions of Community’s application that do meet the program
157	157	127requirements.
158	158	128 (c) The Review Board shall be comprised of the secretary of energy and environmental
159	159	129affairs or a designee, who shall serve as the Board chair, the chair of the state board of building
160	160	130regulation and standards or a designee, the director of the office of coastal zone management or a
161	161	131designee, 2 persons to be appointed by the director of the Massachusetts Emergency
162	162	132Management Agency, 1 of whom shall be a contractor with experience in home elevations and 1 8 of 8
163	163	133of whom shall be an insurance agent with knowledge in flood insurance and experience in
164	164	134guiding and consulting for mitigation activities, the acting state hazard mitigation officer of the
165	165	135state hazard mitigation team, a licensed lender with knowledge in flood insurance, 203k home
166	166	136loan lending and traditional loans who shall be appointed by the acting state hazard mitigation
167	167	137officer of the state hazard mitigation team, and 3 persons to be appointed by the governor, 1 of
168	168	138whom shall be a representative from a statewide environmental group, 1 of whom shall be a
169	169	139representative of the executive office of energy and environmental affairs with knowledge of
170	170	140climate change adaptation, and 1 of whom shall be a representative from the executive office of
171	171	141public safety and security with knowledge of the federal hazard mitigation grant program and
172	172	142experience with mitigation activities.
173	173	143 Section 7. Time effective
174	174	144 (a) This act becomes effective sixty days following approval by the Governor