OPPOSING FEMA S FLOOD MAPS AND REGULATIONS

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1 OPPOSING FEMA S FLOOD MAPS AND REGULATIONS AN OVERVIEW OF THE 9TH DISTRICT DELEGATION S EFFORTS TO DATE Your 9th District Legislative Delegation Senator Chris Assemblyman Brian Assemblywoman DiAnne CONNORS RUMPF GOVE

2 9th District Delegation Stands Opposed to FEMA s Flood Maps and Regulations FEMA s maps and regulations are heavy-handed and should be vehemently opposed due to the significant financial hardships imposed on affected residents The maps and regulations will severely impede New Jersey s recovery and rebuilding efforts post-sandy As a matter of fairness to New Jersey residents, federal flood insurance subsidies should be restored by Congress Properties abandoned by homeowners, who can t afford to raise their homes and/or exorbitant flood insurance premiums will erode local tax bases, will lead to increased property taxes and diminished services Inaccuracies continue to be found in FEMA s maps, including for those properties moved into V Zones

3 CONNORS-RUMPF-GOVE SUPPORTED MEASURE CALLING ON CONGRESS TO INCREASE SUBSIDIES FOR FEDERAL FLOOD INSURANCE PASSES SENATE Date: March 18, 2013 Trenton: The State Senate today approved a measure (SR 102) prime sponsored by Senator Christopher J. Connors and supported by Assemblyman Brian E. Rumpf and Assemblywoman DiAnne C. Gove which calls upon the Congress and President of the United States to take all appropriate legislative and regulatory action necessary to restore subsidies for premiums paid for flood insurance through the National Flood Insurance Program, especially for property owners who have suffered recent losses. Senator Connors, Assemblyman Rumpf and Assemblywoman Gove have harshly criticized the Biggert Waters Flood Insurance Reform Act of 2012 enacted by Congress, which required the Federal Emergency Management Agency (FEMA) to not only phaseout, and eventually eliminate, a variety of existing subsidies for flood insurance premiums but also to reevaluate the flood risk of certain flood zones. The 9 th District Legislators issued a statement following the Senate s action on the Sandy related Resolution: Residents of our District were among the hardest hit hard by Super Storm Sandy and, despite the odds, they have endeavored to repair their homes or businesses in order to restore some form of normalcy to their lives. However, the overwhelming hardships faced by many Sandy victims have been compounded by the threat of catastrophic insurance premium increases which they cannot afford. Furthermore, these individuals continue to be tremendously impacted by onerous and maddening federal regulations that have only lengthened the bureaucratic process that has become a living nightmare for many homeowners. Having now seen how the real impact of the federal Biggert Waters Flood Insurance Reform Act has played out, our Delegation feels its time for Congress and the White House to take corrective measures to end the disparate treatment shown to New Jersey residents. Victims of Katrina, who only had to wait for 10 days for help from the federal government, were also fortunate enough to have been able to rebuild under far more lenient and less costly regulations compared to what New Jersey residents have been subjected to in the aftermath of Sandy. The federal government s elimination of the subsidies for flood insurance is among the most difficult elements of the Biggert Waters Act to accept. Our country subsidizes the auto industry, Wall Street, the banks, farmers, the oil industry and the tobacco industry. Yet, a unilateral decision was made to end subsidies for flood insurance which had a severe and direct impact on New Jersey, especially, as a densely populated coastal state. Over the years, New Jersey s taxpayer dollars have subsidized persons living in areas prone to natural disasters, such as hurricanes, widespread flooding, and tornadoes with far greater regularity than our area. There is also a serious misconception that all persons living near the water are wealthy when, in fact, many are seniors and middle class people who bought homes decades ago due to their love of the area. Obviously, the State Legislature cannot amend or repeal federal law. The Resolution passed by the Senate today encapsulates the discontentment felt among so many persons who are exhausted with contending with the hardships created by Sandy and simply want their government to assist not obstruct or complicate their efforts to move on with their lives.

4 Opposing FEMA s Flood Maps & Regulations A chronology of the 9th District Delegation s ongoing efforts to fight FEMA s flood maps and harsh regulations in representing the interests of adversely affected residents who face the threat of extreme increases in their flood insurance premiums: (November 26) Senator Connors served on the Senate Budget and Appropriations Committee for a hearing held in Toms River, during which local officials testified to provide the Legislature with a more complete understanding of the damage from Super Storm Sandy in preparation of infrastructure rebuilding efforts. (January 4) Assemblyman Rumpf attended the FEMA meeting held in Little Egg Harbor attended by more than 500 residents seeking information relief programs, insurance premium costs and building standards. (January 15) Delegation hosted an information session in Toms River with constituent municipality mayors, FEMA representatives and appropriate State officials to discuss issues related to Super Storm Sandy such as flood maps, the federal supplemental legislation, loans administered through the Small Business Administration (SBA) meeting held jointly with 10 th and 30 th Legislative Districts. (January 17) Wrote to Governor Christie regarding concern over the potential inaccurate designation of V Zones in the establishment of flood maps that could create significant financial hardships for residents living in areas including but not limited to, Mystic Island, Beach Haven West and Tuckerton Beach. (February 12) Attended a State House meeting to discuss FEMA Advisory Maps; representatives of FEMA, DEP and the Office of Recovery and Rebuilding addressed inquiries, including those from municipal officials in the 9 th District.

5 Exorbitant Insurance Premiums and Building Costs (February 13) Delegation wrote to the DEP, FEMA and Office of Recovery and Rebuilding regarding the willingness expressed by these government entities during the Feb.12 meeting to amend the Advisory Base Elevation Flood (ABEF) maps if sufficient corrective data is provided by municipalities which demonstrates inaccuracies in the advisory maps. The Delegation inquired if a process to appeal the maps had been or was being developed. (February 21) Introduced Concurrent Resolution which urges Congress and President of the United States to take all appropriate legislative and regulatory action necessary to restore subsidies for premiums paid for flood insurance through the National Flood Insurance Program, especially for property owners who have suffered recent losses. (February 27) Assemblyman Rumpf attended the Little Egg Harbor Township s Sandy Recovery Task Force meeting, facilitated in having representatives from the Governor s Office speak and consider input from residents at the meeting regarding FEMA and other Sandy-related issues. (March 8) Delegation wrote the Department of Community Affairs (DCA) calling on it to urge HUD to relax eligibility limits established through a means test and income brackets tied to the $1.8 billion allocation of federal Super Storm Sandy aid. Expressed concern that excluding individuals from receiving this funding based solely on their income would certainly not be an effective means of serving our state s best overall interest as we move forward with the difficult rebuilding and recovery process. (March 22) Sent to all 24 constituent mayors in the 9th Legislative District copies of FEMA s response to the Delegation s Feb. 13, 2013 letter about the process for amending the Advisory Base Elevation Flood (ABEF) maps if sufficient corrective data is provided; FEMA s response included explanation of the process and a point of contact for documentation to be sent to.

6 9th District Delegation s Letter to Constituents Many people have contacted our 9 th District Legislative Office to express their deep discontentment regarding the potential sharp increases in flood insurance for homeowners as a result of the adoption of the Federal Emergency Management Agency s (FEMA) Advisory Base Flood Elevations (ABFE). Please know that our Delegation shares the frustration and outrage expressed by our constituents at the significant expenses that homeowners will incur by paying higher flood insurance premiums and/or being compelled to raise their homes in order to comply with standards established by the federal government through FEMA. Our area was amongst the hardest hit by Super Storm Sandy, with thousands of residents being displaced and/or having had costly damage to their homes. It is extremely disappointing that, just as residents are finally feeling some sense of normality in their lives, they now find themselves being subjected to harsh FEMA regulations that could ultimately prove so costly that many homeowners will no longer be able to afford to live in their homes. Perhaps the most disturbing is the disparate treatment shown by the federal government shown to New Jersey and neighboring affected states following Essentially, we are being forced to pay, through the adoption of strict regulations, for the federal government s systemic mishandling of a federal insurance program. Sandy compared to the aid and assistance quickly provided to the Gulf Coast following Hurricane Katrina. Setting aside for a moment that the federal government waited months to provide an aid package to our area, when action was taken only ten 10 days following Katrina, residents attempting to rebuild following Super Storm Sandy must do so under different standards that are more complicated and expensive compared to those in place with previous similar disasters. To a large degree, the disparate treatment in assistance from the federal government is due to the Biggert-Waters Flood Insurance Reform Act of 2012 which was enacted by Congress. FEMA s own informational pamphlet describes how the Biggert-Waters Flood Insurance Reform Act calls for the National Flood Insurance Program (NFIP) to eliminate flood insurance subsidies and discounts and to increase rates to reflect actual flood risk, essentially admitting that the rates did not do so in the past. The pamphlet states that These provisions may have a significant future impact on rates for properties not compliant with NFIP requirements, and properties that are not compliant with future base flood elevations will see significant premium increases. This proves that homeowners affected by Hurricane Katrina were able to rebuild under far more lenient and less costly federal regulations that what residents in our area are forced to contend with following Super Storm Sandy. Essentially, we are being forced to pay, through the adoption of strict regulations, for the federal government s systemic mishandling of a federal insurance program.

7 Continued Our Delegation has heightened concern, which we have expressed to the Governor s Office, for those homeowners who, under the newly adopted ABFEs maps, are moved from A Zones to V Zones who would see steep increases in their flood insurance premiums. Super Storm Sandy is being described as an event that occurs only once in one hundred year span. Why then, are New Jersey residents being subjected to these new stringent regulations when our state s taxpayer dollars have, in the past, been used by the federal government to provide aid to areas in our country that are hit by natural disasters, such as hurricanes, widespread flooding, and tornadoes with far greater regularity than our area? Perhaps the most disturbing is the disparate treatment shown by the federal government shown to New Jersey and neighboring affected states following Sandy compared to the aid and assistance quickly provided to the Gulf Coast following Hurricane Katrina. Consistent with core American values, New Jersey has always been there as a generous and caring neighbor when other parts of our country were in need following devastating events. Now, in the rare circumstance when New Jersey needs assistance, the federal government wants to operate under a different set of rules that have the detrimental effect of substantially increasing the cost of living for state residents struggling to rebuild seeing their communities and homes devastated by an unprecedented Super Storm. Adding to our frustration, as coastal State Legislators, is that the illconceived flood insurance policies were developed at the federal level, severely restricting what actions our Delegation can take. Unfortunately, alleviating the harsh FEMA regulations and the corresponding cost increase for homeowners will require swift Congressional action. Unless that happens, residents are essentially forced to adhere to standards required under FEMA s ABFE maps. Ideally, residents premiums would be based on the regulations in place when their homes were first built. Obviously, when considering how stringent the new federal regulations are, this is not something that was even given serious consideration by policy makers in spite of the severe financial hardship that would be shouldered by affected homeowners. Please know that, in representing the interests of our constituents, we are working to determine if there are means of providing assistance to those harshly impacted by the new FEMA regulations in the short time frame required. Best regards, SENATOR CHRISTOPHER J. CONNORS ASSEMBLYMAN BRIAN E. RUMPF ASSEMBLYWOMAN DIANNE C. GOVE

8 Legislative Offices of Connors, Rumpf & Gove 620 West Lacey Road Forked River, NJ Phone (609) (732) SenConnors@njleg.org AsmRumpf@njleg.org AswGove@njleg.org Legislative Website *Sign Up to Receive Legislative Updates*