Model State Enabling Legislation

Funding: Federal Emergency Management Agency.

Committee Overlap: All.

To create a literature review and library of the existing state enabling legislation.

Model state enabling legislation is a carefully drafted model act or code developed by an organization for potential enactment by state legislatures. Model acts can provide consistency and legal uniformity from state-to-state in areas of law where uniformity is desirable and practical as well as proven language that can help achieve desired outcomes and avoid implementation issues. State legislatures can use the suggested language as a basis for designing state laws. They should make sure the model act does not conflict with any existing laws and codes, and resolve or remove any areas of conflict. Floodplain management is one such area where uniformity is desirable and practical.

ASFPM will identify, catalog, and review existing state enabling legislation for state and local floodplain programs. As part of its review, ASFPM will seek to determine:

  • Which states have legislation;
  • What is included in the legislation;
  • If the legislation gives adequate and proactive permissions to enable communities;
  • If states require any continuing education for individuals in the FPM role;
  • Which states have real estate disclosure laws, and how is real estate disclosure defined;

State and local floodplain managers will also be engaged to determine:

  • The relationship of National Flood Insurance Program coordinators to the state legislature;
  • The challenges state and local floodplain managers have in implementing the legislation;
  • The project would create a literature review and library of the existing legislation.

This activity will support Phase 1 of the Model State Enabling Legislation for State and Local Programs project. Future phases, to be funded in future years, may create a literature review cross-referencing the existing legislation to inform the development of model state enabling legislation and/or develop model state legislation based on the foundational research conducted in Phase 1.