On August 22, 2016, the Federal Emergency Management Agency (FEMA) published in the Federal Register (81FR57402) a proposal to amend its regulations on Floodplain Management and Protection of Wetlands. The proposed rule implements Executive Order 13690, which established the Federal Flood Risk Management Standard (FFRMS), into the Code of Federal Regulations. The purpose of the rule is to reduce the risk of flood loss to life and property and improve the resilience of communities and federal assets against flood impacts.
The FFRMS, and by extension the proposed FEMA rule, could potentially impact drinking water utilities in one of two ways: 1) if a utility is seeking federal funding for an infrastructure project that is sited in a floodplain or 2) if a federally-owned infrastructure project located in a floodplain is a key component of a utility’s operations.
In May 2015, AMWA commented on the proposed Revised Guidelines for Implementing Executive Order 11988, Floodplain Management (80 FR 6530). While the substance of AMWA’s 2015 comments still are relevant, AMWA is asking members, particularly those with assets located near floodplains, to take a closer look at this rule proposal to see if there are other issues the association should raise in its comments. Comments are due October 21, 2016 and AMWA is requesting initial input from members by October 3. AMWA’s sustainability committee will review the draft comment letter.
As proposed, the major provisions of this rule would affect new construction and substantial repair projects that FEMA funds for individuals and communities, including some of the projects that FEMA funds in the aftermath of a disaster for state and local governments.
The rule allows FEMA to take one of three approaches in considering development in the floodplain: the climate informed science approach (CISA), the freeboard value approach (FVA) and the 0.2-percent-annual-chance flood approach. However, the guidelines for implementing the FFRMS, which were finalized in October 2015, state that the CISA is the preferred approach for agencies when they have the data to support such an analysis. Appendix H of the guidelines describes the CISA. The proposed rule also recommends that natural systems, ecosystem processes, and nature-based approaches to be used if possible when developing alternatives to locating federal actions in the floodplain.
The rule would update 44 CFR Part 9, which is specific to FEMA. Part 9 applies to FEMA disaster and non-disaster assistance programs, including Public Assistance hazard mitigation assistance and grants processed by FEMA’s Grant Programs Directorate. The rule does not apply to actions under the National Flood Insurance Program and would not directly affect the availability or price of flood insurance under this program.
A report by the National Association of State Floodplain Managers Foundation provides some additional context for the executive order and the proposed rule.