Senate committee trims H.106 to require sellers to give buyers FEMA flood map copy or link; agrees on short intent language

The Senate Economic Development, Housing & General Affairs committee on Tuesday considered a committee amendment to H.106 that would require sellers of real property to provide prospective buyers with a physical copy or an electronic copy or link to the official Federal Emergency Management Agency flood insurance rate map for the community containing the property.

The committee’s Office of Legislative Counsel, represented by Cameron Wood, presented the draft strike-all amendment and told members, "the seller shall provide the buyer with a physical or electronic copy of the official flood insurance rate map as published by the Federal Emergency Management Agency." Wood also cautioned that if the bill is applied prospectively only, "I don't think you need a binding section," urging members to treat any findings carefully because the office cannot attest to unverified factual claims.

The amendment keeps a seller disclosure requirement that the seller tell a buyer whether the property experienced flood damage while the seller possessed it and whether the seller maintains flood insurance on the property. Counsel noted they had considered language about whether "federal law requires maintenance of flood insurance" but recommended the simpler disclosure—whether the seller maintains flood insurance—so buyers receive clearer information about the property’s insurance status.

Committee members focused discussion on two decisions: whether the change should apply prospectively or retroactively and whether to include a short intent paragraph rather than formal, binding findings. "If the bill is being applied prospectively only, I don't think you need a binding section," Wood said, and several members agreed a concise intent line was preferable to a longer findings section that would assert facts the Legislature could not verify.

Peter Tucker, representing the Vermont Association of Realtors, said he supported removing the prior FEMA-map question and emphasized practicality: "The maps are difficult to interpret," and providing a link or map to the buyer would allow the buyer to "make their own kind of inspection of the property." Tucker also told the committee he was comfortable moving the effective date to Sept. 1 to give industry participants time to update practices.

Members debated small text changes: replacing the phrase "physical or electronic copy" with language that covers a physical copy, an electronic copy, or an electronic link; narrowing findings to one short intent sentence about putting the buyer on notice regarding flood risk; and whether to require disclosure that federal law requires flood insurance or merely whether the seller maintains flood insurance. Several members noted sellers can choose not to carry flood insurance even when a property is in a flood zone, and mortgage status can affect mandatory coverage.

No formal motion or vote was recorded at the meeting. Instead, the committee agreed on a set of drafting directions: adopt a strike-all committee amendment to H.106 that (1) requires sellers to provide a physical copy or an electronic copy or link to the FEMA flood insurance rate map; (2) shortens the findings to a single intent paragraph focused on buyer notice; (3) clarifies the insurance disclosure language to capture whether the seller maintains flood insurance (with the option to add language about federal requirements if the committee later decides); and (4) set the effective date to Sept. 1, 2025 (members discussed Oct. 1 because of the fiscal year but expressed willingness to use Sept. 1). Cameron Wood said he would provide revised draft language to the committee by mid-day ahead of reconvening.

Discussion also included process and litigation posture: counsel warned that findings framed as factual assertions might invite judicial scrutiny if the legislation were retroactive or litigated, and several members said the committee’s goal was limited—putting buyers on notice—rather than judging FEMA’s maps or creating new liability rules for sellers.

The committee’s next step is technical: Legislative counsel will circulate the revised amendment reflecting the agreed edits, and the committee planned to reconvene to consider the updated draft before finalizing a committee recommendation to the full Senate.