Legislation

Model legislation that supports community resilience or mitigation efforts. Updated April 2019. Alabama, Mississippi, and Oklahoma.

ALABAMA

AL 2015 -SB254 amends and replaces AL 2009 -SB500. Expands recognition of FORTIFIED construction standards state-wide, recognizes FORTIFIED Home High Wind And Hail standards, recognizes FORTIFIED Commercial standards, and updates insurance premium reduction amounts. Insurance, allow owner of property, residential, and commercial, statewide to claim discount for structures retrofitted to resist storms

Relating to insurance discounts; to amend Sections 6 27-31D-1, 27-31D-2, and 27-31D-3 of the Code of Alabama 1975, to allow owners of commercial property an insurance premium reduction for retrofitting their commercial property to strengthen the structures in order to help resist hurricane and other windstorm damages.

Bill Text SB254 http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2015RS/PrintFiles/SB254-enr.pdf

  • AL 2009-SB500 (SB 1) | The original bill that enacted FORTIFIED Insurance Discounts in the State- Relates to homeowners insurance. The act provides an insurance premium discount or insurance rate reduction for homeowners in any county contiguous to the Gulf of Mexico and the Mobile Bay who build, rebuild, or retrofit an insurable property to better resist hurricanes or other catastrophic windstorm events.
  1. Code of Alabama - Section 27-31D-2
  2. Alabama Department of Insurance Regulatory Bulletins
    1. 2016-07 | Introduction of new commercial and residential discounts. designation of three zones within the state. http://www.aldoi.gov/pdf/legal/2016-07%20-%20Modification%20to%20Ala.%20Bulletins%202013-07,%202010-03%20and2009-07.pdf
    2. 2015-05 | Expansion of FORTIFIED discounts state-wide (by 2018) and recognition of FORTIFIED Commercial (2016) http://www.aldoi.gov/pdf/legal/2015-05%20-%20Insurance%20Discount%20for%20Windstorm%20Damage%20Mitigation.pdf
    3. 2013-07 | Updates to regulatory incentives and discount floors for FORTIFIED in the State. Effective July 2014 http://www.aldoi.gov/pdf/legal/2013-07-ModBulletins2010-03and2009-07.pdf
    4. 2009-07 | First bulletin enacting discounts and incentives for FORTIFIED in the state. http://www.aldoi.gov/PDF/Legal/2009-09-18-AlaAct.pdf

AL 2015- HB 92 | Funding the Strengthen Alabama Homes grant program

Insurance Department, licensing, certain fees for licenses increased, appropriation to Insurance Department Fund for Strengthen Alabama Homes Fund for the fiscal year 2016

  1. Bill Text-http://arc-sos.state.al.us/PAC/SOSACPDF.001/A0010829.PDF

AL 2015- SB 220 | PIER Act

Energy efficiency projects, financing by local governments authorized, non ad valorem tax assessments, liens, bonds authorized, Property Insurance and Energy Reduction Act of Alabama (PIER Act)

  1. https://legiscan.com/AL/bill/SB220/2015

AL 2012- SB 227 | Alabama Catastrophe Saving Accounts

    Catastrophe savings account, established, to cover insurance deductibles and other uninsured portions of risks of loss to owners of residential property owners from windstorm events, income tax deduction for deposits made to account

    1. Bill Text - https://legiscan.com/AL/bill/SB227/2012
    2. FAQs- https://revenue.alabama.gov/incometax/Catastrophe_Savings.pdf

    AL 2011- SB 389 - Strengthen Alabama Homes Program established

    Establishes the Strengthen Alabama Homes Program to aid homeowners in retrofitting insurable property to resist loss due to hurricane, tornado, or other catastrophic windstorm events.

    1. Code of Alabama - Chapter 31E
    2. Bill http://www.aldoi.gov/SAH/Documents/SB389-eng.pdf

    AL 2011- SB 395 | Retrofit Tax Deduction

    Deductions for certain retrofitting or upgrades to homes - Residence in Alabama Insurance Underwriting Association zone. Code of Alabama -Section 40-18-15.4

    MISSISSIPPI

    MS 2014- SB 2378 | Statewide Building Code

    An Act To Adopt Certain Nationally Recognized Codes And Standards As The State Uniform Construction Code; To Amend Sections 17-2-7 And 17-2-9, Mississippi Code Of 1972, To Exempt Certain Structures From Requirements Under The State Uniform Construction Code; And For Related Purposes.

    1. https://legiscan.com/MS/text/SB2378/2014

    MS 2012- HB 1410 | Legislates insurance discounts for building to FORTIFIED standards

    An act to provide an insurance premium discount or insurance rate reduction for homeowners who build, rebuild or retrofit an insurable property to better resist hurricane or other catastrophic windstorm events.

    1. Bill http://billstatus.ls.state.ms.us/documents/2012/html/HB/1400-1499/HB1410SG.htm

    OKLAHOMA

    OK 2017- HB1720 | Establishes the FORTIFIED Home High Wind & Hail standard as the state mitigation standard. 

    Allows insurance companies to set actuarially sound rate discounts for homes that are certified to meet the FORTIFIED standard to qualify for the insurance discounts. Opens the door for other building standards to qualify for insurance discounts only if the meet or exceed the standards of the FORTIFIED Home High Wind & Hail standard. Insurers must file rates with the Oklahoma Department of Insurance (OKDOI) to justify their discount amounts. Allows the OKDOI to promulgate rules to support the discounts but does not allow the OKDOI to set benchmark discounts.

    Property insurance; instructing insurance companies to provide certain discounts and rate reductions; submit certain rating plans; effective date. 

    1. http://www.oklegislature.gov/BillInfo.aspx?Bill=hb1720 
    2. Bill Text - http://webserver1.lsb.state.ok.us/cf_pdf/2017-18%20ENR/hB/HB1720%20ENR.PDF

    State Uniform Building Code Commission (IRC 2015 Adopted November 2016) https://www.ok.gov/oubcc/Codes_&_Rules/Adopted_Building_Codes/index.html -

    Appendix Y- Section 748:20-5-28, Residential Tornado Provisions (Page 54)

    1. https://www.ok.gov/oubcc/documents/Permanent%20Rule%20IRC%202015.pdf
      1. Department of Insurance Bulletin- The Commissioner encourages property owners, insurers and contractors to evaluate the benefits of the Fortified Home program.
      2. Department of Insurance Bulletins
        1. BULLETIN NO. PC 2016-02 - LAWS and ORDINANCES, ADDITIONAL COVERAGE; FORTIFIED HOME–HIGH WIND AND HAIL PROGRAM