D.C. Law 24-151. Flood Resilience Amendment Act of 2022.

AN ACT

To amend the District of Columbia Applications Insurance Implementation Act to authorize the Mayor to issue rules designating areas of flood hazard and requiring flood insurance as a condition of occupancy for new and substantially improved buildings in flood hazard locations.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Flood Resilience Amendment Act of 2022".

Sec. 2. Section 2 of the District of Columbia Applications Insurance Implementation Act, effective May 26, 1976 (D.C. Law 1-64; D.C. Official Code § 6-501), is amended as follows:

(a) The existing text is designated as subsection (a).

(b) A new subsection (b) is added to read as follows:

"(b)(1) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules designating flood hazard areas in the District and requiring flood insurance as a condition of occupancy for the life of a new or substantially improved building in a flood hazard area.

"(2) For the purposes of this subsection, the term:

"(A) "Flood hazard area" means an area designated as:

"(i) A special flood hazard area or other area of flood hazard on the then-current flood insurance rate map for the District of Columbia issued by the Federal Emergency Management Agency; or

"(ii) An area of flood hazard, as determined by the Mayor by rule.

"(B) "Substantially improved building" means any building which has undergone any repair, alteration, addition, or improvement, the cost of which equals or exceeds 50% of the market value of the building before the improvement or repair was started.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Sat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.