Memo
Transcription
Memo
WILL COUNTY STORMWATER MANAGEMENT PLANNING COMMITTEE 58 E. Clinton Street, Suite 500 Joliet, IL 60432 V 815.740.8140 F 815.774.3386 Memo To: Stormwater Committee Members From: Derek O’Sullivan, Assistant Director Date: 1/14/2014 Subject: Biggert-Waters Flood Insurance Reform Act of 2012 Below is a summary of a recent Webinar I participated in regarding the recent changes to the National Flood Insurance Program. Specifically the Webinar focused on the Biggert-Waters Act 2012. Biggert-Waters 2012 (BW-12) • What Does it Do? • Reauthorizes the National Flood Insurance Program (NFIP) for 5 years through September 30, 2017 • Signed July 6, 2012 Why the Changes? 1. Improve long-term sustainability and f inancial soundness 2. Respond to the rising costs and consequences of flooding 3. Encourage private market participation Chair Scott Killinger, PE District 12 Municipal 815.462.6450 Vice-Chair Lee Ann Goodson District 5 County 815-740-4602 Secretary Randall Jessen District 5 Municipal 815.436.3577 Director 815.740.8140 Related Definitions Pre-FIRM Building: Built before the community's first Flood Insurance Rate Map became effective and not been substantially damaged or improved Subsidized Rates: Rates for pre-FIRM buildings that are in Zone D or in Zones A* and V that are not rated with an elevation certificate**. Full-risk Rates: Rates for buildings that are elevation-rated and reflect the true flood risk Non-primary residence: A building that will be lived in for less than 80% of the policy year by the policyholder What is Changing for Pre-Firm Subsidized rates to be phased out • Non-primary residences • Business properties • Severe repetitive loss properties (1-4 family residences), and properties where claims payments exceed fair market value New policies to be issued at full-risk rates • After the sale/purchase of a property •After a lapse in insurance coverage • After substantial damage/ improvement • For properties uninsured as of BW-12 enactment Phase Out of Subsidized Rates Rates increase 25% per year for pre-FIRM buildings in SFHAs and Zone D until they reflect full-risk rate Effective January 1, 2013 • Non-primary Residences Effective October 1, 2013 • Commercial buildings • Repetitively flooded buildings o Severe Repetitive loss properties of 1-4 families o Buildings with cumulative flood insurance payments that meet or exceed fair ma rket value that meet or exceed fair ma rket value • • • Determining Full-Risk Rate Obtain an Elevation Certificate (EC) Ask their insurance agent to rate using EC Estimate when 25% Phase-in = Full-Risk Premium Direct Move to Full-Risk Rates Effective October 1, 2013 for pre-FIRM buildings in SFHA and Zone D • After the sale/purchase of a property after 7/5/2012 Subsidized rates can no longer be assigned to the new owner • When a new policy is issued after 7/5/2012 Full-risk rates will be charged • After a policy lapse after 10/3/2012 Full-risk rates will be charged • Renewal letter cycle started in August How is Will County Affected? 2062 Total Policies in Will County Subsidized-Primary, keep subsidies until sale, policy lapse, severe or repeated flooding 865 904 113 180 State Name Subsidized Policies (affected by 205) Subsidized-NonPrimary, Nonresidential, Rep Loss: 25%increase intil true risk Subsidized- Condos & Multi Family:No subsidy removal planned Illinois Will County 1,197 Policies that are not subsidized (not affected by 205) % of Policies Subsidized 58% Subsidized Policies per 10k Housing Units 50.4 Population (County) Housing Units (County) 865 677,560 237,501.00 Section 205 Summary For pre-FIRM subsidized-rated buildings i n SFHA or Zone D: • 25% Phase-in - non-primary residences, nonresidential & SRL/repeated loss buildings • Full-risk rate - newly purchased building, newly purchased policy, or lapsed policy • Primary residence owners are not affected unless/until: • Building is sold • Purchase a new policy • Policy lapses • Severe/repeated flood losses • Refuse mitigation offer •Note: Rates go up 16-17% BW-12: EFFECTS ON INSURANCE SECTION 207 What About Grandfathering? Per Section 100207,Grandfathering will be phased out • Phase-in to full-risk rates at 20% a year for 5 years • Implementation anticipated in late 2014, at the earliest • PRP Eligibility Extension (PRP-EE) will most likely be phased out. Note: PRP-EE rates went up 19% starting October 1, 2013 Options & Actions • Property Owners (and insurance agents) - Identify what full-risk rate is; get an EC - Look into effect of higher deductibles -Look into rate-reducing mitigation actions; e.g. • • • • • Add vents Use Breakaway walls Fill in/up enclosures Elevate Communities -Join CRS/Increase CRS Rating - Be aware of potential mitigation grants - Provide technical advice • Elevation Certificates • Building/Rebuilding to reduce flood risk Biggert-Waters Act 2012 (BW-12) Resources • ASFPM BW-12 Resources www.Floods.org • FEMA BW-12 Site www.FEMA.gov/BW12 • Interactive Map of Subsidized Policies http://bit.ly/15FubQ • Flood Insurance Resources www.FloodSmart.gov/Partner www.Floodsmart.gov/CRS • NFIP Bulletins www.NFIPiservice.com CHANGES TO FLOOD INSURANCE RATES WHAT THEY ARE AND HOW TO EXPLAIN THEM The National Flood Insurance Program is changing. The BiggertWaters Flood Insurance Reform Act of 2012 (BW-12) reauthorized the National Flood Insurance Program (NFIP) and outlined reforms to make the program more sustainable, including the removal of long-standing subsidies. The first phase of rate increases (Section 100205) affects many policyholders who own homes built before the community adopted its first Flood Insurance Rate Map (FIRM). Many of these policyholders historically have paid subsidized rates that do not reflect the property’s true risk. WHO PAYS SUBSIDIZED RATES? Roughly 20 percent of all NFIP policies are calculated using subsidized rates. Most of those policies are pre-FIRM properties—buildings constructed before the community adopted its first FIRM—in high-risk areas (Zones A and V) and undetermined-risk areas (Zone D). Certain pre-FIRM subsidies are being phased out and eliminated by BW-12. HOW AND WHEN WILL INCREASES TAKE PLACE? Beginning October 1, 2013, pre-FIRM subsidized rates change as outlined below. Premiums are increasing 25 percent each year until reaching full-risk rates for: • Severe Repetitive Loss properties • Properties with cumulative paid flood losses exceeding fair market value • Non-primary residences (increase began January 1, 2013) • Businesses/non-residential buildings Policies are written or renewed at full-risk rates for: • Property purchased on or after July 6, 2012 • New policies effective on or after July 6, 2012 • Lapsed policies reinstated on or after October 4, 2012 Owners of primary residences that do not fit any of the categories above can keep their subsidized rates as long as they own the property, but full-risk rates will apply for the next owner. FROM SUBSIDIZED RATES TO ELEVATION RATING As subsidies are removed, Elevation Certificates (ECs) ultimately will be necessary for all pre-FIRM property owners in high-risk areas. Policyholders should get one as soon as they can to know their full risk rate and consider mitigation options. In some cases, the full-risk rates calculated using the EC could be lower than the pre-FIRM subsidized rates. If so, the policy can be adjusted to reflect the lower price. If the full-risk rate is higher, you can continue to use the subsidized rates. The required timing for obtaining an EC will vary. • Required for next purchase/renewal: Policyholders moving directly to full-risk rates as listed above. • Recommended for next renewal: Policyholders beginning 25 percent annual increases. The EC is necessary to determine when the increases will reach the full-risk rate. • Recommended in the future: Policyholders keeping their subsidy. The EC is necessary to calculate the full-risk rate the current policyholder will pay if losing a subsidy or the rate a new owner will pay if the building is sold. WHAT TO KNOW, WHAT TO SAY The chart below shows some of the scenarios people will face. The suggested talking points can serve as guidelines for working with clients to help them understand BW-12 changes. Note: Scenarios assume the policyholder lives in a high-risk area and pays a subsidized rate unless otherwise stated. If Your Client Says… What to Know What to Say My primary residence was built in 1961. I’ve had a flood insurance policy since 1998, and the home has never flooded. Will my premium change? Because it is a primary residence and no other triggers have been hit, the subsidy remains in place. You can keep your subsidized rate as long as your situation does not change. An EC is not required, but it would help the client think about—and plan for—mitigation measures, such as elevating the home. Do not let your policy lapse. If you do, you will lose your subsidy, and the new premium could be significantly higher. If the full-risk rate is lower than the subsidized rate, you should adjust the premium. If it is higher than the subsidized rate, you can continue using the subsidized rate. I own a small shop built in 1960. I’ve had a flood insurance policy since I bought it in 2003, and I’ve never made a claim. Will my premium change? Subsidies are being removed for all business/non-residential properties. The policyholder’s premium will increase 25 percent each year until it reaches the full-risk rate. We closed on a home in July 2013. It was built in 1962. Our lender required flood insurance, and the previous owners transferred their policy to us. Will our rates change? The property was purchased after the July 6, 2012, enactment of BW-12 and before the new rates took effect on October 1, 2013. The policyholders will have to pay the full-risk rate when they renew the policy in July 2014. I don’t have a mortgage, so I’m not required to have flood insurance for my home that was built in 1953. But I bought a policy in November 2012, just to be safe. Will my rates change when I renew my policy in 2013? My home was built in 1959 and was mapped into a Zone A in 2007. You had me buy a policy rated using Zone X before the maps became effective, and I was grandfathered into that rate. I want to sell the house. Will the new buyers keep the grandfathered rate? The policy can be renewed without an EC, but getting one is recommended. It will be needed to determine the full-risk rate. An EC is required to renew the policy. Tentative rates can be used for one year while the policyholder obtains an EC. If a loss occurs, the policy must be re-rated using an EC to determine the coverage based on the paid premium. An EC is not required, but it would allow me to calculate the rate you would pay if the subsidy were removed. Your premium will increase 25 percent each year at renewal until it reaches the full-risk rate for your property. Look into getting an EC. The document will allow me to calculate your full-risk rate and estimate when you will reach it. If the full-risk rate is less than you currently pay, you can begin paying the lower rate right away. You will pay a new rate when you renew your policy in July 2014. This new premium will reflect the full-risk rate for your property instead of the subsidized rate you currently pay. You must get an EC. Your community officials might have elevation information on file. If they don’t, you will need to hire a surveyor to complete an EC for you. Policies with effective dates on or after July 6, 2012, move directly to full-risk rates at renewal on or after October 1, 2013. You will pay a new rate when you renew your policy this fall. The new rate will reflect your true flood risk instead of the subsidized rate you currently pay. An EC is required to renew the policy. Tentative rates can be used for one year while the policyholder obtains an EC. If a loss occurs, the policy must be re-rated using an EC to determine the coverage based on the paid premium. You must get an EC. Your community officials might have elevation information on file. If they don’t, you will need to hire a surveyor to complete an EC for you. Currently, as long as coverage is maintained, the policy and rating can be assigned to the new owner because the Zone X rate is not subsidized. For now, you can assign the policy to the new owners, and they will keep the grandfathered rate as long as they maintain coverage. FEMA has not implemented Section 100207 of BW-12 that will affect grandfathering. Implementation could mean a change in rates if there is a map change. In the future, FEMA will implement a provision that will affect how rates change when flood maps are updated. An Elevation Certificate is not required, but it would allow me to calculate the rate you would pay if you no longer had a grandfathered policy. RESOURCES: For additional information about flood insurance and new rate changes, use the resources listed below. • • • • • Flood Insurance Rate Maps: MSC.FEMA.gov Biggert-Waters Flood Insurance Reform Act of 2012: FEMA.gov/BW12 Homeowner’s Guide to Elevation Certificates: FEMA.gov/library/viewRecord.do?id=7408 Talking to Customers About Flood Insurance: Agents.FloodSmart.gov WYO Bulletins: NFIPiService.com Biggert-Waters Flood Insurance Reform Act of 2012 (BW12) Timeline Date of Implementation July 10, 2012 October 19, 2012 Who Is Affected What Will Happen Owners of property: that is affected by flooding on Federal land caused, or exacerbated by, post-wildfire conditions on Federal land, and who purchased flood insurance fewer than 30 days before the flood loss and within 60 days of the fire containment date. Policyholders in the Missouri River Basin (ND, SD, IA, NE, KS, MO) who had claims on a policy purchased from May 1-June 6, 2011, and were not damaged by flood for 30 days after purchase date. Homeowners with subsidized insurance rates on non-primary residences Properties receiving subsidized insurance rates are those structures built prior to the first Flood Insurance Rate Map (pre-FIRM properties) that have not been substantially damaged or improved. Owners of business properties with subsidized premiums Owners of severe repetitive loss properties consisting of 1-4 residences with subsidized premiums. Owners of any property that has incurred flood-related damage in which the cumulative amounts of claims payments exceeded the fair market value of such property. January 1, 2013 October 1, 2013 If a flood occurs under certain conditions, an exception to the 30-day waiting period is implemented for a policy purchased not later than 60 days after the fire containment date. When certain conditions are met, an alternative effective date for the policy or the increased coverage is established as the 30th day after the policy purchase date, without regard for the otherwise applicable flood in progress exclusion, for claims denied based on Exclusion V. 25 percent increase in premium rates each year until premiums reflect full risk rates Why Is It Changing 25 percent increase in premium rates each year until premiums reflect full risk rates BW 12 Section 100241 created a third exception to the 30-day waiting period for insurance coverage for private properties affected by flooding from Federal lands as a result of post-wildfire conditions. BW 12 Section 100227(b) provides an alternative effective date for qualifying policies that had claims from flooding of the Missouri River that started June 1, 2011. BW 12 calls for the phase-out of subsidies and discounts on flood insurance premiums. This premium increase is outlined in Section 100205. The phase out of subsidies affecting non-primary residences was also mandated by earlier 2012 legislation, HR 5740. BW 12 calls for the phase-out of subsidies and discounts on flood insurance premiums. These premium increases are outlined in Section 100205. Updated April 17, 2013 Biggert-Waters Flood Insurance Reform Act of 2012 (BW12) Timeline When October 1, 2013 cont. Late 2014 Who Is Affected Owners of property not insured as of the date of enactment of BW 12 (subject to a possible exception in Section 100207 of BW 12); with a lapsed NFIP policy; that has been purchased after the date of enactment of BW 12. Other property owners, including nonsubsidized policyholders, affected by map changes What Will Happen Full-risk rates will apply to these policies. Why Is It Changing Full-risk rates will be phased in over five years at a rate of 20 percent per year to reach full risk rates. BW 12 calls for the elimination of subsidies and discounts on flood insurance premiums. These premium increases are outlined in Section 100205. BW 12 calls for the phase-out of subsidies and discounts on flood insurance premiums This premium increase is outlined in Section 100207. Updated April 17, 2013