Rhode Island 2025 Regular Session

Rhode Island House Bill H6276 Compare Versions

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

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5	5	2025 -- H 6276
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7	7	LC002441
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO WATERS AND NAVIGATION -- RHODE ISLAND PROPERTY
16	16	RESILIENCE ACT
17	17	Introduced By: Representative Lauren H. Carson
18	18	Date Introduced: April 25, 2025
19	19	Referred To: House Finance
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Legislative intent. 1
24	24	(1) The general assembly recognizes that the state is particularly vulnerable to adverse 2
25	25	impacts from flooding resulting from increases in frequency and duration of rainfall events, storm 3
26	26	surge from more frequent and severe weather systems, and sea level rise. Such adverse impacts 4
27	27	pose economic, social, environmental, and public health and safety challenges to the state. To most 5
28	28	effectively address these challenges the state must prioritize addressing the most significant risks 6
29	29	to homes and businesses and in doing so helps to provide stability to the municipal tax base. 7
30	30	(2) The general assembly further recognizes that the adverse impacts of flooding and sea 8
31	31	level rise affect coastal and inland communities across the state. Consequently, a coordinated 9
32	32	approach is necessary to maximize the benefit of efforts to address such impacts and to improve 10
33	33	the state's resilience to flooding and sea level rise. 11
34	34	(3) The general assembly further recognizes that to effectively and efficiently address and 12
35	35	prepare for the adverse impacts of flooding and sea level rise in the state, it is necessary to conduct 13
36	36	property assessments in areas affected by flooding and sea level rise and develop a statewide 14
37	37	coordinated approach to addressing such risks. 15
38	38	(4) The general assembly in order to address these risks posed by flooding can initiate the 16
39	39	process through a state administered flood audit program supported by private sector expertise to 17
40	40	adapt to any risk and minimize increased insurance rates and property loss by providing property 18
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44	44	owners of homes and businesses with actionable recommendations for reducing flood risks to 1
45	45	protect homes and commercial properties and achieve affordable and effective solutions to guide 2
46	46	building practices, retrofits, and mitigation programs for residential and commercial properties. 3
47	47	Legislative findings. 4
48	48	(a) The general assembly hereby finds that: 5
49	49	(1) It is declared to be a public benefit to encourage the rehabilitation and renovation of 6
50	50	commercial and residential buildings in a municipality and increase their resilience to storm surges, 7
51	51	sea level rise, extreme weather events, and precipitation; 8
52	52	(2) Flooding and storm-related erosion is causing problems for landowners on our open 9
53	53	ocean coastline and rivers; 10
54	54	(3) Rhode Island has a strong coastal resources management program that has historically 11
55	55	been very protective of natural shorelines; 12
56	56	(4) The special study commission created by resolution No. 392 passed by the house of 13
57	57	representatives at its January session A.D. 2015, and approved June 17 2015, entitled "House 14
58	58	Resolution Creating the Rhode Island House Commission on Economic Risk Due to Flooding and 15
59	59	Sea Rise" has determined: 16
60	60	(i) One of the best ways to prevent property damage due to sea level rise and flooding is to 17
61	61	fortify vulnerable assets, limit interruptions, protect property evaluations, and limit lost property 18
62	62	tax revenue; 19
63	63	(ii) The state needs to develop an approach and develop a philosophy of resilience; 20
64	64	(iii) Policymakers need to protect home and business owners by incentivizing resilience 21
65	65	thereby insuring our assets. 22
66	66	SECTION 2. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is 23
67	67	hereby amended by adding thereto the following chapter: 24
68	68	CHAPTER 23.5 25
69	69	RHODE ISLAND PROPERTY RESILIENCE ACT 26
70	70	46-23.5-1. Definitions. 27
71	71	As used in this chapter, the term: 28
72	72	(1) "Demolition" means to destroy or raze a building in cases in which a building is so 29
73	73	severely damaged that it cannot be elevated, floodproofed, or relocated, or the building is in such 30
74	74	poor condition and not worth the additional investment required to elevate, floodproof, or relocate. 31
75	75	(2) "Dry floodproofing of residential structures" means a structure is made watertight 32
76	76	below the level that needs flood protection to prevent floodwaters from entering. Making the 33
77	77	structure watertight requires sealing the walls with waterproof coatings, impermeable membranes, 34
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81	81	or supplemental layer of masonry or concrete. 1
82	82	(3) "Flood audit" means a comprehensive assessment of a property to identify flood risks 2
83	83	and recommend mitigation measures. 3
84	84	(4) "Flood audit programs" means programs for residential and commercial property 4
85	85	owners that are initiatives designed to help homeowners and businesses assess their flood risk and 5
86	86	identify mitigation strategies to protect properties from flooding. 6
87	87	(5) "Levee" and "floodwall" mean a long, narrow embankment usually built to protect land 7
88	88	from flooding. If built of concrete or masonry, the structure is usually referred to as a floodwall. 8
89	89	Levees and floodwalls confine streamflow within a specified area to prevent flooding. 9
90	90	(6) "Public-private partnership (PPP)" means a cooperative agreement between public 10
91	91	agencies and private entities to execute the program. 11
92	92	(7) "Relocation" means moving an entire building to another location on the same lot or to 12
93	93	another lot, usually outside the floodplain. Relocation is a mitigation measure that can offer the 13
94	94	greatest protection from future flooding. 14
95	95	(8) "Resilience", as defined by FEMA and the Hazard Mitigation Unified Guidance, means 15
96	96	and refers to the ability of individuals, communities, and systems to prepare for, respond to, recover 16
97	97	from, and adapt to adverse events, including natural disasters, hazards, or climate-related impacts. 17
98	98	The goal of resilience is to reduce the vulnerability to future disasters and ensure that communities 18
99	99	can continue to function during and after a hazard event. Key aspects of resilience include: 19
100	100	(i) Mitigation: Implementing proactive measures to reduce or eliminate the risks posed by 20
101	101	hazards, such as strengthening infrastructure or adopting land-use planning that minimizes flood 21
102	102	risks. 22
103	103	(ii) Adaptation: The capacity to make adjustment to systems or practices in response to 23
104	104	changing environmental conditions or experiences with past events. 24
105	105	(iii) Recovery: The ability to return to normal or even improve systems after an event 25
106	106	ensuring that communities can recover effectively from disasters. 26
107	107	(9) "Structural elevation" means various techniques used to raise the existing building to 27
108	108	or above the base flood elevation (BFE). Elevation is a common technique for protecting an existing 28
109	109	building in the special flood hazard area (SFHA). 29
110	110	(10) "Wet floodproofing" means a design method that allows water to move in the enclosed 30
111	111	parts of a home's lower area, such as the crawlspace or an unoccupied area and then out when water 31
112	112	recedes. 32
113	113	46-23.5-2. Rhode Island flood mitigation council. 33
114	114	(a) There is hereby established within the executive branch of state government a Rhode 34
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118	118	Island flood mitigation council (the "council") comprised of officials from state agencies and 1
119	119	private industry with responsibility and oversight relating to assessing, integrating, and 2
120	120	coordinating a flood audit program. The council shall include, the following members: The Rhode 3
121	121	Island chief resilience officer (CRO); the director of the Rhode Island emergency management 4
122	122	agency or designee; the executive director of the Rhode Island coastal resources management 5
123	123	council or designee; a member of the Rhode Island flood mitigation association appointed by the 6
124	124	governor; a member of the Rhode Island builders association appointed by the governor; a member 7
125	125	of the act on coasts advisory council appointed by the governor; a municipal planner appointed by 8
126	126	the governor; and a member of the insurance industry appointed by the governor. 9
127	127	(b) The council shall be provided staff and support from the Rhode Island emergency 10
128	128	management agency and the Rhode Island coastal resources management council which support 11
129	129	shall include office space, supplies and support staff. 12
130	130	46-23.5-3. Mission and duties of the council. 13
131	131	(a) Mission of the council. Effective January 1, 2028 the council shall assemble to address 14
132	132	the following: 15
133	133	(1) Flood audit fund assessment and management; 16
134	134	(2) Flood task force. It shall be staffed by the Rhode Island emergency management agency 17
135	135	with members best suited to carry out the purposes of this chapter and to implement whatever 18
136	136	measures are recommended by such auditor utilizing the report. 19
137	137	(3) Conduct a review of RFP's submitted for the flood audit program and select an auditor 20
138	138	to implement the flood audit program. 21
139	139	(b) Duties of the council. Effective January 1, 2028 the council shall assemble for the 22
140	140	following duties: 23
141	141	(1) To administer the flood audit program using qualified auditors selected in accordance 24
142	142	with this chapter. 25
143	143	(2) To provide structure to the audit program in order to meet the requirements of this 26
144	144	chapter; 27
145	145	(3) To provide and manage any funding sources for the flood audit program; 28
146	146	(4) To establish staff qualifications; 29
147	147	(5) To create outreach programs to provide information to the public on the availability 30
148	148	and parameters of the program; 31
149	149	(6) To resolve any legal issues associated with the flood audit program; and 32
150	150	(7) To provide benchmarks and goals in order to measure the effectiveness of the flood 33
151	151	audit program. 34
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155	155	(8) To coordinate with the auditor chosen by the council and establish a pricing formula 1
156	156	for flood audits of properties subject to this chapter. 2
157	157	46-23.5-4. Resilient Rhode Island flood audit program. 3
158	158	(a) Effective January 1, 2028, any home or business property owner may apply for funds 4
159	159	under this chapter to fund the cost of home or business resilience planning for threats from flooding 5
160	160	and sea level rise. This shall be done through a public/private partnership funded by property 6
161	161	owners and the fund. 7
162	162	(b) Programs and flood audit reports pursuant to this chapter shall include the following 8
163	163	factors as they relate to the property: 9
164	164	(1) Exterior property assessments. 10
165	165	(i) Topography and location assessment; to include an assessment of the following factors 11
166	166	as they relate to the property: 12
167	167	(A) Proximity to floodplains, rivers, or other water bodies (see FEMA flood maps); 13
168	168	(B) Elevation of the property relative to surrounding areas; and 14
169	169	(C) Grading of the property to determine if water drains away from the structure. 15
170	170	(ii) Drainage systems; to include an assessment of the following factors as they relate to 16
171	171	the property: 17
172	172	(A) Condition and placement of gutters, downspouts, and splash blocks; and 18
173	173	(B) Presence and maintenance of drainage ditches, culverts, or storm drains. 19
174	174	(iii) Flood barriers and protection measures; to include and assessment of the following 20
175	175	factors as they relate to the property: 21
176	176	(A) Presence and condition of flood walls, levees, or sandbag setups; and 22
177	177	(B) Any existing floodproofing features (e.g., watertight doors or windows). 23
178	178	(iv) Building elevation options; to include an assessment of the following: 24
179	179	(A) Height of the lowest floor above the base flood elevation (BFE); and 25
180	180	(B) Location and elevation of HVAC systems, electrical panels, and other utilities. 26
181	181	(v) Risk assessment; to assess the following risks relative to the property: 27
182	182	(A) Evaluate flood risk based on property location, elevation, and proximity to floodplains 28
183	183	or waterways; and 29
184	184	(B) Utilize flood maps and data from agencies including, but not limited to, FEMA or local 30
185	185	authorities to assess risk. 31
186	186	(vi) Property inspection; in order to: 32
187	187	(A) Identify vulnerabilities in building structures, such as foundation issues, improper 33
188	188	drainage, or low-lying entry points; and 34
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192	192	(B) Examine HVAC systems, electrical panels, and other components for flood risk. 1
193	193	(vii) Mitigation recommendations for the property. 2
194	194	(A) Suggest retrofitting measures like installing flood vents, elevating appliances, or using 3
195	195	flood-resistant materials; and 4
196	196	(B) Provide guidance on landscaping changes, such as adding swales or rain gardens to 5
197	197	redirect water. 6
198	198	(viii) Flood insurance guidance. Provide guidance to property owners to help them 7
199	199	understand their flood insurance options and potential cost reductions through mitigation. 8
200	200	(ix) Grants and incentives. Inform property owners about available grants, tax credits, or 9
201	201	rebates for floodproofing measures. 10
202	202	(2) Interior assessment; the following interior assessments shall be conducted: 11
203	203	(i) Inspect all basement and crawl spaces: Look for moisture, mold, or water satins; 12
204	204	(ii) Ensure sump pumps are functioning and inspect for proper waterproofing; 13
205	205	(iii) Inspect windows and doors: Examine the seals around windows and doors, ensuring 14
206	206	they are intact and can prevent water infiltration during storms; and 15
207	207	(iv) Evaluate flooring and finishes: Inspect for signs of past water damage, such as warped 16
208	208	floors or peeling paint, which could indicate flooding history. 17
209	209	(3) Flood risk mapping shall be conducted as follows: 18
210	210	(i) Consult storm tools used by Rhode Island coastal resources management council and 19
211	211	FEMA maps to determine if the home is in a designated floodplain or flood zone and assess the 20
212	212	likelihood of flooding based on historical data; and 21
213	213	(ii) Consider proximity to water sources: examine at the property's location relative to 22
214	214	rivers, streams, lakes, or coastal areas. Evaluate whether local infrastructure could pose a risk of 23
215	215	overflow. 24
216	216	(4) Flood preparedness and mitigation assessment. 25
217	217	(i) Assess flood barriers: examine whether flood barriers, such as sandbags, flood gates, or 26
218	218	barriers, are in place or could be added for future prevention; and 27
219	219	(ii) Identify necessary repairs: Make recommendations for contractors to complete repairs 28
220	220	or upgrades to the property or business to reduce flood risks, such as sealing cracks, installing a 29
221	221	sump pump, or water proofing the basement. 30
222	222	(5) Review local regulations and insurance as follows: 31
223	223	(i) Evaluate flood insurance: Ensure the property is covered by flood insurance, especially 32
224	224	if it is in a high-risk area; and 33
225	225	(ii) Review of local ordinances: Review local floodplain management regulations to 34
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229	229	identify any obligations or restriction on flood mitigation measures. 1
230	230	(c) Flood auditors shall conduct the assessments pursuant to subsection (b) of this section 2
231	231	using a structure which shall include at a minimum: 3
232	232	(1) A web-based assessment; 4
233	233	(2) On-site assessment; and 5
234	234	(3) A final site specific risk assessment at which time an assessment report with mitigation 6
235	235	recommendations would be provided to the property owner. 7
236	236	(d) At the conclusion of the flood audit, the property owner should have a clear 8
237	237	understanding of the flood risks, mitigation strategies, and any improvements needed to reduce the 9
238	238	impact of flooding. 10
239	239	(e) The property owner is under no obligation to implement any of the flood audit 11
240	240	recommendations provided pursuant to this chapter. 12
241	241	46-23.5-5. Funding. 13
242	242	(a)Effective January 1, 2026, funding for the property resilience act shall be generated by 14
243	243	way of an annual flood audit surcharge of twenty-five dollars ($25.00) which shall be added to 15
244	244	every property insurance policy issued in Rhode Island that provides coverage to a home or 16
245	245	business. The twenty-five dollar ($25.00) surcharge shall be collected by the insurance company 17
246	246	and forwarded to the council within thirty (30) days of the insurance policy's issuance or renewal. 18
247	247	(b) There is hereby created a restricted receipt account managed by the council to be 19
248	248	designated the "Flood audit mitigation fund". The fund shall be a continuing fund, not subject to 20
249	249	fiscal year limitations, and shall consist of any monies deposited to the fund. All monies accruing 21
250	250	to the credit of the fund are hereby appropriated and may be budgeted and expended by the council 22
251	251	for the purpose of assisting the property resilience act program in performing all acts that relate to 23
252	252	the function and purpose of this chapter. The Rhode Island property resilience act fund account 24
253	253	shall not be subject to any cost recovery or other assessment from the state. 25
254	254	(b) Monies collected pursuant to this chapter shall be deposited in the Rhode Island 26
255	255	property resilience act fund. Monies shall not lapse, unless otherwise specified under federal 27
256	256	funding or federal grant, or a grant or funds from another source, or be transferred to any other state 28
257	257	funds and shall not be redistributed. 29
258	258	46-23.5-6. Program eligibility. 30
259	259	(a) The program shall be open to owners of single-family and multi-family residences and 31
260	260	businesses located within Rhode Island. 32
261	261	(b) Eligible property owners may apply through an online portal maintained by the auditor 33
262	262	or by submitting a written application to the auditor. 34
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266	266	(c) Priority consideration shall be given to properties in high-risk flood zones and 1
267	267	households with low-to-moderate income levels utilizing storm tools and FEMA maps. 2
268	268	(d) Applications for funds for property owners, pursuant to this chapter shall be accepted 3
269	269	on a first-come first-serve basis and are subject to the determination of need by the auditor based 4
270	270	on risk factors determined by this chapter. 5
271	271	(e) The council is authorized to promulgate rules and regulations necessary to effectuate 6
272	272	the purposes of this chapter which shall include but not be limited to an application form and/or 7
273	273	online application process which shall include an online portal for initial applications for the flood 8
274	274	audit program. 9
275	275	46-23.5-7. Procurement of auditors. 10
276	276	(a) To be eligible to work on a project funded by this chapter as an auditor, the auditor shall 11
277	277	meet all program requirements including, but not limited to, those listed in this subsection, and 12
278	278	maintain a current copy of all applicable certificates, licenses, and proof of insurance coverages 13
279	279	with the program office; 14
280	280	(1) The auditor shall agree to follow the Rhode Island property resilience act's procedures 15
281	281	and rules as prescribed by the council; 16
282	282	(2) The auditor shall not have a financial interest in any project funded by this chapter for 17
283	283	which they perform work other than receiving payment on behalf of the property owner from the 18
284	284	flood audit and shall report to the council any potential conflicts of interest before the audit 19
285	285	commences. 20
286	286	46-23.5-8. Program outreach. 21
287	287	The council shall ensure information regarding the Rhode Island property resilience act is 22
288	288	provided to the public and is designed to target the audiences within the most vulnerable areas as 23
289	289	determined by storm tools and FEMA maps and such outreach shall include notification to be 24
290	290	provided by insurance companies, real estate agents, professional construction societies, financial 25
291	291	institutions, cities and towns and whatever other method as determined by the council. 26
292	292	46-23.5-9. Reporting and oversight. 27
293	293	(a) The council shall submit an annual report to the general assembly, the director of the 28
294	294	department of business regulation (DBR) and the coastal resources management council (CRMC) 29
295	295	detailing the program's implementation, participation rate, and effectiveness in identifying flood 30
296	296	risks. 31
297	297	(b) Effectiveness of the program shall be measured based on the following: 32
298	298	(1) The number of flood audits performed; 33
299	299	(2) The percentage of property owners that implemented flood audit recommendations to 34
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303	303	mitigate risk; 1
304	304	(3) The number of building permits requesting alteration or elevation of the property as a 2
305	305	result of the audit; and 3
306	306	(4) Usage metrics associated with the online portal. 4
307	307	46-23.5-10. Severability. 5
308	308	If any provision of this section or the application thereof to any person or circumstances is 6
309	309	held invalid, that invalidity shall not affect other provisions or applications of the section, which 7
310	310	can be given effect without the invalid provision or application, and to this end the provisions of 8
311	311	this section are declared to be severable. 9
312	312	SECTION 3. This act shall take effect upon passage. 10
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319	319	EXPLANATION
320	320	BY THE LEGISLATIVE COUNCIL
321	321	OF
322	322	A N A C T
323	323	RELATING TO WATERS AND NAVIGATION -- RHODE ISLAND PROPERTY
324	324	RESILIENCE ACT
325	325	***
326	326	This act would create the resilient Rhode Island property resilience act. 1
327	327	This act would take effect upon passage. 2
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329	329	LC002441
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