Bill Text

Bill Information


Add To My Favorites | print page

SB-5 Flood insurance: regulations.(1995-1996)

SHARE THIS: share this bill in Facebook share this bill in Twitter
SB5:v93#DOCUMENT

Senate Bill No. 5
CHAPTER 9

An act relating to flood insurance.

[ Filed with Secretary of State  October 10, 1995. Approved by Governor  October 08, 1995. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 5, Rosenthal. Flood insurance: regulations.
Under the federal National Flood Insurance Program, federal approval of financial assistance for acquisition or construction purposes is available only if the structure or personal property to which the financial assistance relates is covered by flood insurance, as specified. Financial assistance for these purposes includes a loan guaranty.
This bill would make findings and declarations relative to flood hazard and damage. The bill would also require the Insurance Commissioner to adopt regulations to encourage the purchase and maintenance of flood insurance, and to consult with specified interested parties in developing these regulations. The bill would require the Department of Insurance to monitor efforts undertaken to promote the purchase and maintenance of flood insurance.

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares the following:
(a)  Many homeowners in California have suffered devastation as a result of damages to their homes and possessions caused by flooding. Flood insurance is the only type of insurance coverage which protects homeowners from damage caused by rising water associated with flooding. Flood insurance is required to secure federally approved financing to buy, build, or improve structures in flood-prone special flood hazard areas, and must be maintained for the life of the loan. Taxpayers benefit when those in flood-prone areas buy and maintain flood insurance, because the insurance can be used to pay for covered flood losses, rather than federal, state, and local disaster assistance funds.
(b)  It is in the public interest for state and local government, the insurance industry, and the real estate lending industry to promote the purchase and maintenance of flood insurance for homes in flood-prone areas.

SEC. 2.

 (a)  The Insurance Commissioner shall adopt regulations to promote the purchase and maintenance of flood insurance in flood-prone areas.
(b)  In developing the regulations, the commissioner shall consider the following:
(1)  Actions involving the Department of Insurance, insurers, and insurance agents and brokers that would help the federal government facilitate compliance with federal flood insurance purchase and maintenance requirements.
(2)  Encouraging property owners in flood-prone areas who do not hold mortgages subject to federal flood insurance purchase requirements to purchase and maintain flood insurance.
(c)  The regulations shall be developed in consultation with insurers, insurance agents and brokers, homeowner and business groups, the real estate lending industry, the Federal Insurance Administration, and other federal, state, and local government, and private interests concerned with the purchase and maintenance of flood insurance.
(d)  The regulations may recommend and encourage, but not require, insurers, insurance agents and brokers, and others under the jurisdiction of the Department of Insurance to take action to promote the purchase and maintenance of flood insurance in flood-prone areas. The Department of Insurance shall monitor efforts undertaken to promote the purchase and maintenance of flood insurance.