Coastal Communities Adaptation Act

I 116TH CONGRESS 1ST SESSION H. R. 1317 To improve the resilience of the built and natural environment to natural disasters and climate change using, among other measures, natural and nature-based features, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 22, 2019 Mr. ROUDA (for himself, Ms. NORTON, Mrs. NAPOLITANO, Ms. BARRAGA´N, Mr. MALINOWSKI, Mr. CARTWRIGHT, Mr. PETERS, Ms. PRESSLEY, Mr. CARBAJAL, Mr. GARAMENDI, Ms. OCASIO-CORTEZ, and Ms. MENG) intro- duced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Transpor- tation and Infrastructure, Oversight and Reform, Financial Services, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve the resilience of the built and natural environ- ment to natural disasters and climate change using, among other measures, natural and nature-based fea- tures, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Coastal Communities 4 Adaptation Act’’. 5 VerDate Sep 11 2014 23:18 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 kjohnson on DSK79L0C42 with BILLS 2 •HR 1317 IH SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Administrator of the National 4 Oceanic and Atmospheric Administration. 5 (2) COASTAL STATE.—The term ‘‘coastal 6 State’’— 7 (A) means a State of the United States in, 8 or bordering on, the Atlantic, Pacific, or Arctic 9 Ocean, the Gulf of Mexico, the Long Island 10 Sound, or one or more of the Great Lakes; and 11 (B) includes the District of Columbia, 12 Puerto Rico, the Virgin Islands, Guam, the 13 Commonwealth of the Northern Mariana Is- 14 lands, the Trust Territories of the Pacific Is- 15 lands, and American Samoa. 16 (3) NATURAL FEATURE.—The term ‘‘natural 17 feature’’ means a feature that is created through the 18 action of physical, geological, biological, and chem- 19 ical processes over time. 20 (4) NATURE-BASED FEATURE.—The term ‘‘na- 21 ture-based feature’’ means a feature that is created 22 by human design, engineering, and construction to 23 provide risk reduction in coastal areas by acting in 24 concert with natural processes. 25 VerDate Sep 11 2014 23:18 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 kjohnson on DSK79L0C42 with BILLS 3 •HR 1317 IH (5) NONSTRUCTURAL MEASURE.—The term 1 ‘‘nonstructural measure’’ means an action, including 2 a modification in public policy, management prac- 3 tice, regulation, or pricing policy, that reduces harm- 4 ful consequences of flooding, but does not create a 5 structural barrier to floodwaters. 6 (6) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of Commerce. 8 SEC. 3. RESEARCH AND GRANTS TO IMPROVE RESILIENCE 9 OF BUILT ENVIRONMENT. 10 (a) DEFINITION OF WINDSTORM.—Section 203(4) of 11 the National Windstorm Impact Reduction Act of 2004 12 (42 U.S.C. 15702(4)) is amended to read as follows: 13 ‘‘(4) WINDSTORM.—The term ‘windstorm’ 14 means any storm with a damaging or destructive 15 wind component, including— 16 ‘‘(A) a hurricane; 17 ‘‘(B) a tropical storm; 18 ‘‘(C) a northeaster; 19 ‘‘(D) a tornado; 20 ‘‘(E) a thunderstorm; and 21 ‘‘(F) any water induced forces from waves, 22 flood, storm surge, or rainfall related to a storm 23 described in subparagraphs (A) through (E).’’. 24 VerDate Sep 11 2014 23:18 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 kjohnson on DSK79L0C42 with BILLS 4 •HR 1317 IH (b) NATIONAL INSTITUTE OF STANDARDS AND 1 TECHNOLOGY.—Section 204(b) of the National Wind- 2 storm Impact Reduction Act of 2004 (42 U.S.C. 3 15703(b)) is amended— 4 (1) in paragraph (1)(A), by striking ‘‘buildings’’ 5 and inserting ‘‘buildings, structures,’’; and 6 (2) by amending paragraph (2) to read as fol- 7 lows: 8 ‘‘(2) NATIONAL INSTITUTE OF STANDARDS AND 9 TECHNOLOGY.—In addition to the lead agency re- 10 sponsibilities described under paragraph (1), the Di- 11 rector of the National Institute of Standards and 12 Technology shall— 13 ‘‘(A) carry out research and development 14 to improve the resilience and responsiveness of 15 buildings, structures, and lifelines to wind- 16 storms, including by recommending for the de- 17 sign, construction, and retrofit of buildings, 18 structures, and lifelines— 19 ‘‘(i) model building codes; 20 ‘‘(ii) voluntary design standards; and 21 ‘‘(iii) best practices; 22 ‘‘(B) award grants on a competitive basis 23 for research and development for the purpose 24 described in subparagraph (A); 25 VerDate Sep 11 2014 23:18 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 kjohnson on DSK79L0C42 with BILLS 5 •HR 1317 IH ‘‘(C) in coordination with other relevant 1 entities, provide research and guidance related 2 to windstorms and other climate change or ex- 3 treme weather to standards developing organi- 4 zations for their consideration in the develop- 5 ment of design standards and building codes; 6 and 7 ‘‘(D) conduct public outreach and edu- 8 cation and training programs related to this 9 chapter for design and construction profes- 10 sionals.’’. 11 (c) NATIONAL SCIENCE FOUNDATION.—Section 12 204(b)(3) of the National Windstorm Impact Reduction 13 Act of 2004 (42 U.S.C. 15703(b)(3)) is amended to read 14 as follows: 15 ‘‘(3) NATIONAL SCIENCE FOUNDATION.—The 16 Director of the National Science Foundation, in co- 17 ordination with the heads of other Federal agencies 18 conducting related activities, shall support research, 19 including multidisciplinary research— 20 ‘‘(A) on engineering and the atmospheric 21 sciences to improve the understanding of the 22 behavior of windstorms and their impact on 23 buildings, structures, and lifelines; 24 VerDate Sep 11 2014 23:18 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 kjohnson on DSK79L0C42 with BILLS 6 •HR 1317 IH ‘‘(B) on the impact of economic and social 1 factors on windstorm risk reduction measures; 2 ‘‘(C) to improve the resilience of buildings, 3 structures, and lifelines to windstorms; and 4 ‘‘(D) to improve the responsiveness of 5 buildings, structures, and lifelines after a wind- 6 storm.’’. 7 (d) DEPARTMENT OF HOUSING AND URBAN DEVEL- 8 OPMENT.—Section 204(b) of the National Windstorm Im- 9 pact Reduction Act of 2004 (42 U.S.C. 15703(b)) is 10 amended by adding at the end the following: 11 ‘‘(6) DEPARTMENT OF HOUSING AND URBAN 12 DEVELOPMENT.—The Secretary of the Department 13 of Housing and Urban Development shall promote 14 the adoption of windstorm preparedness and mitiga- 15 tion measures for manufactured HUD code housing 16 units.’’. 17 (e) INTERAGENCY COORDINATING COMMITTEE ON 18 WINDSTORM IMPACT REDUCTION.—Section 204(e)(2)(A) 19 of the National Windstorm Impact Reduction Act of 2004 20 (42 U.S.C. 15703(e)(2)(A)) is amended— 21 (1) in clause (iv), by striking ‘‘; and’’ and in- 22 serting a semicolon; and 23 (2) by adding at the end the following: 24 VerDate Sep 11 2014 23:18 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 kjohnson on DSK79L0C42 with BILLS 7 •HR 1317 IH ‘‘(vi) the Department of Housing and 1 Urban Development; and’’. 2 SEC. 4. BUILT TO LAST STAMP. 3 (a) IN GENERAL.—In order to afford the public a di- 4 rect and tangible way to contribute to funding for shore- 5 line risk and climate change adaptation, the United States 6 Postal Service shall issue a semipostal (referred to in this 7 section as the ‘‘Built to Last Stamp’’) in accordance with 8 subsection (b). 9 (b) REQUIREMENTS.—The provisions of section 416 10 of title 39, United States Code, shall apply as practicable 11 with respect to the Built to Last Stamp, subject to the 12 following: 13 (1) DESIGN.—The Built to Last Stamp shall 14 depict such design as the Postal Service, in consulta- 15 tion with the Secretary, considers appropriate. 16 (2) DISPOSITION OF PROCEEDS.—Subject to 17 subsection (d)(3) of that section, the amounts be- 18 coming available from the sale of the Built to Last 19 Stamp shall be deposited in the Built to Last Stamp 20 Fund under subsection (c) of this section. 21 (c) BUILT TO LAST STAMP FUND.— 22 (1) ESTABLISHMENT.—There is established in 23 the Treasury of the United States a fund, to be 24 known as the Built to Last Stamp Fund. 25 VerDate Sep 11 2014 23:18 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 kjohnson on DSK79L0C42 with BILLS 8 •HR 1317 IH (2) ASSETS.—The Built to Last Stamp Fund 1 shall consist of the following: 2 (A) Amounts deposited under subsection 3 (b)(2). 4 (B) Such amounts as are appropriated or 5 otherwise made available to the fund. 6 (3) AVAILABILITY.—Amounts in the Built to 7 Last Stamp Fund shall remain available to the Sec- 8 retary to carry out sections 5 and 6 of this Act until 9 expended. 10 SEC. 5. PRIZE COMPETITIONS. 11 (a) IN GENERAL.—The Secretary may carry out a 12 program to award prizes competitively under section 24 13 of the Stevenson-Wydler Technology Innovation Act of 14 1980 (15 U.S.C. 3719), for the purpose described in sub- 15 section (b). 16 (b) PURPOSE.—The purpose described in this sub- 17 section is to stimulate innovation to advance coastal risk 18 reduction and resilience measures as follows: 19 (1) Natural features, including dunes, reefs, 20 and wetlands. 21 (2) Nature-based features, including beach 22 nourishment, dune restoration, wetland and other 23 coastal habitat restoration, and living shoreline con- 24 struction. 25 VerDate Sep 11 2014 23:18 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 kjohnson on DSK79L0C42 with BILLS 9 •HR 1317 IH (3) Nonstructural measures, including flood 1 proofing of structures, flood warning systems, and 2 elevated development. 3 SEC. 6. CATALOG OF RESEARCH ON APPLICABLE COASTAL 4 RISK REDUCTION AND RESILIENCE MEAS- 5 URES. 6 (a) IN GENERAL.—Not later than 1 year after the 7 date of enactment of this Act, the Secretary, acting 8 through the Administrator, shall— 9 (1) identify all Department of Commerce re- 10 search activities regarding applicable coastal risk re- 11 duction and resilience measures; 12 (2) consult with the heads of other Federal 13 agencies to identify what activities, if any, those 14 Federal agencies are conducting regarding applicable 15 coastal risk reduction and resilience measures; 16 (3) evaluate the effectiveness of the activities 17 identified under paragraphs (1) and (2); and 18 (4) appoint one or more officers or employees of 19 the National Oceanic and Atmospheric Administra- 20 tion to liaise with non-Federal entities conducting 21 research related to applicable coastal risk reduction 22 and resilience measures in order to eliminate 23 redundancies, cooperate for common climate re- 24 VerDate Sep 11 2014 23:18 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 kjohnson on DSK79L0C42 with BILLS 10 •HR 1317 IH search goals, and to make research findings readily 1 available to the public. 2 (b) DEFINITION OF APPLICABLE COASTAL RISK RE- 3 DUCTION AND RESILIENCE MEASURES.—In this section, 4 the term ‘‘applicable coastal risk reduction and resilience 5 measures’’ means natural features, nature-based features, 6 or nonstructural measures. 7 SEC. 7. GRANTS TO COASTAL STATES FOR ESTABLISHMENT 8 OF REVOLVING FUNDS. 9 (a) CAPITALIZATION GRANTS.— 10 (1) IN GENERAL.—The Secretary, acting 11 through the Administrator, shall award capitaliza- 12 tion grants to each coastal State for the purpose of 13 establishing a community resilience revolving fund 14 under subsection (b) to carry out the activities de- 15 scribed in paragraph (3) of that subsection. 16 (2) SCHEDULE OF GRANT PAYMENTS.—The 17 Administrator shall pay to the coastal State the 18 amount of each grant to be made to the coastal 19 State under paragraph (1) in quarterly installments. 20 (3) AGREEMENTS.—To receive a capitalization 21 grant under paragraph (1), a coastal State shall 22 enter into an agreement with the Administrator 23 that— 24 VerDate Sep 11 2014 23:18 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 kjohnson on DSK79L0C42 with BILLS 11 •HR 1317 IH (A) the coastal State will accept grant pay- 1 ments with funds to be made available under 2 paragraph (1) and will deposit all such pay- 3 ments in the community resilience revolving 4 fund established by the coastal State under sub- 5 section (b); 6 (B) the coastal State will deposit in the 7 fund from State moneys an amount equal to at 8 least 20 percent of the total amount of all cap- 9 italization grants which will be made to the 10 coastal State with funds to be made available 11 under this section on or before the date on 12 which each quarterly grant payment will be 13 made to the coastal State under this paragraph 14 (2) of this subsection; 15 (C) the coastal State will enter into bind- 16 ing commitments to provide assistance in ac- 17 cordance with the requirements of this section 18 in an amount equal to 120 percent of the 19 amount of each such grant payment not later 20 than 1 year after the date of receipt of such 21 grant payment; 22 (D) all funds in the community resilience 23 revolving fund established by the coastal State 24 VerDate Sep 11 2014 23:18 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1317.IH H1317 kjohnson on DSK79L0C42 with BILLS 12 •HR 1317 IH will be expended in an expeditious and timely 1 manner; 2 (E) in addition to complying with the re- 3 quirements of this section, the coastal State will 4 commit or expend each quarterly grant payment 5 which it will receive under this subsection in ac- 6 cordance with laws and procedures applicable to 7 the commitment or expenditure of revenues of 8 the coastal State; 9 (F) the coastal State will use accounting, 10 audit, and fiscal procedures conforming to gen- 11 erally accepted government accounting stand- 12 ards; 13 (G) the coastal State will require as a con- 14 dition of making a loan or providing other as- 15 sistance from the community resilience revolv- 16 ing fund established by the coastal State that 17 the recipient of such assistance will maintain 18 project accounts in accordance with generally 19 accepted government accounting standards, in- 20 cluding standards relating to the reporting of 21 infrastruc [Text truncated for display. 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