Environmental due diligence is a critical component of any property transaction where potential environmental risks are a concern—minimize risks and protect yourself from...
By Dean Scott
Senate Democrats who have shied away from talking about whether climate change helped fuel hurricanes Harvey and Irma now say they are likely to raise a related issue—the need for more resilient infrastructure—in an upcoming debate on the federal flood insurance program.
The National Flood Insurance Program underwrites the vast majority of U.S. flood policies and has been under scrutiny for years. It was set to expire Sept. 30, but a congressional deal extended it into December. That sets the stage for a debate over such issues as how to dissuade home owners from rebuilding on sites continually threatened by storms, whether to expand coverage for business interruption for smaller firms, and whether flood maps can be updated more often.
Democrats itching to highlight how climate change may be worsening storms say a good place to start may the debate over how to ensure new and rebuilt structures are more resilient to hurricanes.
“I certainly hope and expect there to be an open-minded conversation about resilience in order to protect taxpayer dollars,” Sen. Chris Van Hollen (D-Md.), who is introducing legislation to revamp the program, told Bloomberg BNA. “If you want to save taxpayer dollars, then you’ve got to invest in resilience because it just doesn’t make sense for taxpayers to be paying for the same thing over and over.”
Sen. John Thune (R-S.D.), who serves in Republican leadership, said the short-term deal only staved off the inevitable need to provide long-term stability for the flood insurance program, which hasn’t gotten a multiyear reauthorization since 2012.
“We need to deal with flood insurance reauthorization for sure, and these [storms] obviously, I think, give additional sense of urgency to that,” Thune told reporters Sept. 19.
Sen. Brian Schatz (D-Hawaii) said he and other Democrats see an opening to debate the role of climate change in severe weather, an issue that has gained little traction with the Republican majority in Congress. Some rebranding may be needed, he said.
“The one thing I’m wondering about is, what if we call it severe weather, because climate change has become a brand only Democrats feel comfortable with,” Schatz told Bloomberg BNA. “I don’t care what you call it. But it’s there for all to see.”
Republican and Democratic members of the Senate Banking, Housing, and Urban Affairs Committee have been laying the groundwork for a long-term reauthorization for months or even years in some cases.
The program was approaching its $30 billion borrowing limit when Congress agreed to a short-term extension signed by President Donald Trump Sept. 8, ensuring continued funding through Dec. 8.
Climate resilience is front and center in what is likely to be a push to reinstate President Barack Obama’s Federal Flood Risk Management Standard, an executive order that Trump revoked in August. Obama’s 2015 order—one of a series of actions he took to address climate issues in the absence of congressional action—called on federal agencies to consider current and future risk for federally funded projects in floodplains such as roads, bridges, and hospitals.
Trump reversed the order, citing the need to streamline infrastructure permitting. But a coalition of insurance representatives and environmental and housing groups called SmarterSafer is backing efforts by Van Hollen and Schatz to reinstate it.
“When federal funds are being used to build or rebuild structures or to subsidize structures, the government should ensure the taxpayer investments are being made in safe, resilient ways,” the SmartSafer group said in a Sept. 14 letter.
Ceres—an alliance of investor, public interest, and environmental groups—also is urging Trump to reverse his August order.
“Models show that extreme weather events will increase in frequency and severity in the coming decades,” the group wrote Trump Sept. 13. The letter cited Federal Emergency Management Agency figures that suggest every dollar invested in flood mitigation saves an average of four dollars during rebuilding.
The top Democrat on the Senate Environment and Public Works Committee, Sen. Tom Carper (D-Del.), said Congress needs to debate the need for more resilient residential and commercial construction in regions likely to be damaged by severe flooding.
“If I was the chairman of the banking committee, I would be scheduling a hearing on this, like, next week,” Carper told Bloomberg BNA. “It’s an issue that belongs in that committee, and they should claim jurisdiction.”
The banking panel’s chairman, Sen. Mike Crapo (R-Idaho), told Bloomberg BNA he has made no decision on holding hearings.
Crapo and Sen. Sherrod Brown (D-Ohio), the banking committee’s top Democrat, have backed a six-year reauthorization of the NFIP. The bill they introduced July 17 ( S. 1571) seeks to improve the program through better mapping and risk mitigation.
Others on the committee, such as Sen. John Kennedy (R-La.), back a competing bill but say they are open to other approaches to get a multiyear flood insurance extension. Kennedy is cosponsoring a bill offered by fellow committee member Sen. Bob Menendez (D-N.J.)—the Sustainable, Affordable, Fair, and Efficient (SAFE) National Flood Insurance Program Reauthorization Act ( S. 1368)—cosponsored by banking panel Democrats Van Hollen and Sen. Jack Reed (R.I).
“I’m ready to do it now,” Kennedy told Bloomberg BNA. “I have a bill that has bipartisan support. [But] if they don’t want to do my bill and want to do something better, then let’s go do it.”
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)