2007 Regular Session
By: Senator(s) Chaney
AN ACT TO AMEND SECTION 17-2-3, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL MEMBERS OF THE BUILDING CODES COUNCIL TO BE RESIDENTS OF THE STATE OF MISSISSIPPI, AND TO PROVIDE THAT ANY COUNCIL MEMBER WITH UNEXCUSED ABSENCES FOR MORE THAN THREE CONSECUTIVE MEETINGS SHALL BE REPLACED; TO AMEND SECTION 17-2-5, MISSISSIPPI CODE OF 1972, TO REQUIRE COUNTIES AND MUNICIPALITIES THAT ADOPT OR AMEND THEIR EXISTING BUILDING CODES TO ADOPT THE CODES PROMULGATED BY THE MISSISSIPPI BUILDING CODES COUNCIL; TO PROVIDE MANDATORY MINIMUM CONSTRUCTION STANDARDS FOR NEW COMMERCIAL FACILITIES; TO PROVIDE FOR AGREEMENTS BETWEEN MUNICIPALITIES AND COUNTIES FOR ENFORCEMENT OF BUILDING CODES; TO AMEND SECTIONS 17-2-1 AND 19-5-9, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO PROVIDE THAT RATE FILINGS FOR RESIDENTIAL PROPERTY INSURANCE MUST INCLUDE DISCOUNTS, CREDITS OR OTHER RATE DIFFERENTIALS FOR PROPERTIES ON WHICH CONSTRUCTION TECHNIQUES THAT HAVE BEEN DEMONSTRATED TO REDUCE THE AMOUNT OF LOSS IN A WINDSTORM HAVE BEEN INSTALLED OR IMPLEMENTED; TO ESTABLISH A PROGRAM BY WHICH HOMEOWNERS MAY OBTAIN AN EVALUATION OF THE WIND RESISTANCE OF THEIR HOMES WITH RESPECT TO PREVENTING DAMAGE FROM HURRICANES, TOGETHER WITH A RECOMMENDATION OF REASONABLE STEPS THAT MAY BE TAKEN TO UPGRADE THEIR HOMES TO BETTER WITHSTAND HURRICANE FORCE WINDS; TO ESTABLISH WITHIN THE DEPARTMENT OF INSURANCE A COMPREHENSIVE HURRICANE DAMAGE MITIGATION PROGRAM, WHICH SHALL CONSIST OF A COST-BENEFIT STUDY ON WIND HAZARD MITIGATION CONSTRUCTION MEASURES, WIND CERTIFICATION AND HURRICANE MITIGATION INSPECTIONS, FINANCIAL GRANTS TO RETROFIT PROPERTIES, EDUCATION AND CONSUMER AWARENESS EFFORTS, AND AN ADVISORY COUNCIL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-2-1, Mississippi Code of 1972, is amended as follows:
17-2-1. (1) The counties of Jackson, Harrison, Hancock, Stone and Pearl River, including all municipalities therein, shall enforce, on an emergency basis, all the wind and flood mitigation requirements prescribed by the 2003 International Residential Code and the 2003 International Building Code, as supplemented.
(2) Except as otherwise provided in subsection (4) of this section, emergency wind and flood building requirements imposed in this section shall remain in force until the county board of supervisors or municipal governing authorities, as the case may be, adopts as minimum mandatory codes the latest editions of the codes described in subsection (3)(a) of this section. Except as otherwise provided in subsection (4) of this section, the wind and flood mitigation requirements imposed by this section shall be enforced by the county board of supervisors or municipal governing authorities, as the case may be.
(3) (a) A county board of supervisors or municipal governing authorities, as the case may be, described in subsection (1) of this section shall adopt as minimum codes the latest editions of the following:
(i) International Building Code and the standards referenced in that code for regulation of construction within these counties. The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption.
(ii) International Residential Code (IRC) and the standards referenced in that code are included for regulation of construction within these counties. The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption, with the exception of Appendix J, Existing Buildings and Structures, which is hereby adopted by this reference.
(b) In addition to any other codes required under this section, a county board of supervisors or municipal governing authorities, as the case may be, described in subsection (1) of this section may adopt the latest editions of any of the following:
(i) Codes established by the Mississippi Building Code Council.
(ii) Other nationally recognized codes addressing matters such as electrical, plumbing, mechanical, fire and fuel gas.
(4) The provisions of this section shall go into effect thirty (30) days from the effective date of this chapter. However, within sixty (60) days after the provisions of this section go into effect, the board of supervisors of a county and/or the governing authorities of any municipality within a county, upon resolution duly adopted and entered upon its minutes, may choose not to be subject to the code requirements imposed under this section.
SECTION 2. Section 17-2-3, Mississippi Code of 1972, is amended as follows:
17-2-3. (1) There is hereby created the Mississippi Building Codes Council. Each member of the council shall be appointed by the executive director of his respective professional association unless otherwise stated herein. Each member shall serve for a term of three (3) years and until a successor is appointed and qualifies. No person who has previously been convicted of a felony in this state or any other state may be appointed to the council. From and after July 1, 2009, all members of the council shall be residents of the State of Mississippi. The council shall consist of twenty-six (26) members composed of:
(a) One (1) representative of the American Institute of Architects of Mississippi;
(b) Three (3) representatives of the Home Builders Association of Mississippi;
(c) One (1) representative of the Associated General Contractors of Mississippi;
(d) One (1) representative of the Associated Builders and Contractors of Mississippi;
(e) One (1) representative of the American Council of Engineering Companies of Mississippi;
(f) Two (2) representatives of the Building Officials Association of Mississippi;
(g) One (1) disabled person to be appointed by the Governor;
(h) One (1) representative of the property/casualty insurance industry to be appointed by the Governor;
(i) One (1) representative of the Mississippi Municipal League;
(j) One (1) representative of the Mississippi Manufactured Housing Association;
(k) One (1) representative of the electrical industry who is a master electrician to be appointed by the American Subcontractors Association;
(l) One (1) representative of the mechanical or gas industry who is a master mechanic to be appointed by the American Subcontractors Association;
(m) One (1) representative of the plumbing industry who is a master plumber to be appointed by the American Subcontractors Association;
(n) One (1) representative of the Mississippi Fire Chiefs Association;
(o) One (1) representative of the Mississippi Association of Supervisors;
(p) One (1) representative of the Mississippi Minority Contractors Association to be appointed by the Governor;
(q) One (1) representative of the Energy Division, Mississippi Development Authority, to serve ex officio, nonvoting;
(r) One (1) person representing the consumer who shall have no interest in the construction industry to be appointed by the Governor;
(s) The Mississippi State Fire Marshal, or his designee, to serve ex officio, nonvoting;
(t) The Executive Director of the State Board of Professional Geologists, or his designee, to serve ex officio, nonvoting; and
(u) Three (3) representatives selected by the Mississippi Gulf Coast Building and Construction Trade Council.
(2) A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term.
(3) Any member with unexcused absences for more than three (3) consecutive meetings shall be replaced by his sponsoring organization.
(4) The State Fire Marshal shall convene the first meeting of the council within ninety (90) days of the effective date of this chapter and shall act as temporary chairman until the council elects from its members a chairman and vice chairman. The council shall adopt regulations consistent with this act. A meeting may be called by the chairman on his own initiative and must be called by him at the request of three (3) or more members of the council. Each member must be notified by the chairman in writing of the time and place of the meeting at least seven (7) days before the meeting. Fourteen (14) members constitute a quorum. Each meeting is open to the public. An official decision of the council may be made only by a vote of at least two-thirds (2/3) of those members in attendance at the meeting.
(5) The council shall adopt by reference and amend only the latest editions of the following as discretionary statewide minimum codes:
(a) International Building Code and the standards referenced in that code for regulation of construction within this state. The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption.
(b) International Residential Code (IRC) and the standards referenced in that code are included for regulation of construction within this state. The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption, with the exception of Appendix J, Existing Buildings and Structures, which is hereby adopted by this reference.
(c) Other codes addressing matters such as electrical, plumbing, mechanical, fire and fuel gas.
(6) The initial code or codes adopted by this council under the provisions of this section shall be completed no later than July 1, 2007.
SECTION 3. Section 17-2-5, Mississippi Code of 1972, is amended as follows:
17-2-5. (1) Any county board of supervisors or municipal governing authority, as the case may be, that adopts building codes or amends its existing building codes shall adopt as minimum codes any * * * codes established and promulgated by the Mississippi Building Codes Council. Any codes adopted by a board of supervisors or municipal governing authority under this section shall be enforced by the board of supervisors or municipal governing authority, as the case may be.
(2) Any structure constructed after July 1, 2009, shall comply with and be built according to specifications not less stringent that those adopted by the Mississippi Building Code Council; provided, however, that this requirement shall not apply to one- and two-family dwellings with three (3) stories or less, nor to the structures specified in Sections 17-2-7 and 17-2-9.
(3) Municipalities and counties may establish agreements with other governmental entities of the state or certified third-party providers to issue permits and enforce state building codes in order to provide the services required by this act. The council may assist in arranging for municipalities, counties or third-party providers the provision of services required by this act if a written request from the governing authority of the county or municipality is submitted to the council.
SECTION 4. Section 19-5-9, Mississippi Code of 1972, is amended as follows:
19-5-9. The construction codes published by a nationally recognized code group which sets minimum standards and has the proper provisions to maintain up-to-date amendments are adopted as minimum standard guides for building, plumbing, electrical, gas, sanitary, and other related codes in Mississippi. Any county within the State of Mississippi, in the discretion of the board of supervisors, may adopt building codes, plumbing codes, electrical codes, sanitary codes, or other related codes dealing with general public health, safety or welfare, or a combination of the same, within but not less stringent than the provisions of the codes adopted by the Mississippi Building Code Council, by order or resolution in the manner prescribed in this section, but those codes so adopted shall apply only to the unincorporated areas of the county. However, those codes shall not apply to the erection, maintenance, repair or extension of farm buildings or farm structures, except as may be required under the terms of the "Flood Disaster Protection Act of 1973," and shall apply to a master planned community as defined in Section 19-5-10 only to the extent allowed in Section 19-5-10. The provisions of this section shall not be construed to authorize the adoption of any code which applies to the installation, repair or maintenance of electric wires, pipelines, apparatus, equipment or devices by or for a utility rendering public utility services, required by it to be utilized in the rendition of its duly authorized service to the public. Before any such code shall be adopted, it shall be either printed or typewritten and shall be presented in pamphlet form to the board of supervisors at a regular meeting. The order or resolution adopting the code shall not set out the code in full, but shall merely identify the same. The vote or passage of the order or resolution shall be the same as on any other order or resolution. After its adoption, the code or codes shall be certified to by the president and clerk of the board of supervisors and shall be filed as a permanent record in the office of the clerk who shall not be required to transcribe and record the same in the minute book as other orders and resolutions.
All provisions of this section shall apply to amendments and revisions of the codes mentioned in this section. The provisions of this section shall be in addition and supplemental to any existing laws authorizing the adoption, amendment or revision of county orders, resolutions or codes.
Any code adopted under the provisions of this section shall not be in operation or force until sixty (60) days have elapsed from the adoption of same; however, any code adopted for the immediate preservation of the public health, safety and general welfare may be effective from and after its adoption by a unanimous vote of the members of the board. Within five (5) days after the adoption or passage of an order or resolution adopting that code or codes the clerk of the board of supervisors shall publish in a legal newspaper published in the county the full text of the order or resolution adopting and approving the code, and the publication shall be inserted at least three (3) times, and shall be completed within thirty (30) days after the passage of the order or resolution.
Any person or persons objecting to the code or codes may object in writing to the provisions of the code or codes within sixty (60) days after the passage of the order or resolution approving same, and if the board of supervisors adjudicates that ten percent (10%) or more of the qualified electors residing in the affected unincorporated areas of the county have objected in writing to the code or codes, then in such event the code shall be inoperative and not in effect unless adopted for the immediate preservation of the public health, safety and general welfare until approved by a special election called by the board of supervisors as other special elections are called and conducted by the election commissioners of the county as other special elections are conducted, the special election to be participated in by all the qualified electors of the county residing in the unincorporated areas of the county. If the voters approve the code or codes in the special election it shall be in force and in operation thereafter until amended or modified as provided in this section. If the majority of the qualified electors voting in the special election vote against the code or codes, then, in such event, the code or codes shall be void and of no force and effect, and no other code or codes dealing with that subject shall be adopted under the provisions of this section until at least two (2) years thereafter.
After any such code shall take effect the board of supervisors is authorized to employ such directors and other personnel as the board, in its discretion, deems necessary and to expend general county funds or any other funds available to the board to fulfill the purposes of this section.
For the purpose of promoting health, safety, morals or the general welfare of the community, the governing authority of any municipality, and, with respect to the unincorporated part of any county, the governing authority of any county, in its discretion, are empowered to regulate the height, number of stories and size of building and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density or population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, but no permits shall be required except as may be required under the terms of the "Flood Disaster Protection Act of 1973" for the erection, maintenance, repair or extension of farm buildings or farm structures outside the corporate limits of municipalities.
The authority granted in this section is cumulative and supplemental to any other authority granted by law.
Notwithstanding any provision of this section to the contrary, any code adopted by a county before or after April 12, 2001, is subject to the provisions of Section 41-26-14(10).
Notwithstanding any provision of this section to the contrary, the Boards of Supervisors of Jackson, Harrison, Hancock, Stone and Pearl River Counties shall enforce the requirements imposed under Section 17-2-1 as provided in such section.
SECTION 5. (1) Effective July 1, 2007, a rate filing for residential property insurance must include actuarially reasonable discounts, credits or other rate differentials, or appropriate reductions in deductibles, for properties on which fixtures or construction techniques demonstrated to reduce the amount of loss in a windstorm have been installed or implemented. The fixtures or construction techniques shall include, but not be limited to, fixtures or construction techniques that enhance roof strength, roof covering performance, roof-to-wall strength, wall-to-floor-to-foundation strength, opening protection, and window, door and skylight strength. Credits, discounts or other rate differentials for fixtures and construction techniques that meet the minimum requirements of the International Residential Code or the International Building Code must be included in the rate filing. All insurance companies must make a rate filing that includes the credits, discounts or other rate differentials by January 1, 2008. By January 1, 2009, the Department of Insurance shall reevaluate the discounts, credits, other rate differentials and appropriate reductions in deductibles for fixtures and construction techniques that meet the minimum requirements of the International Residential Code or the International Building Code, based upon actual experience or any other loss relativity studies available to the department. The department shall determine the discounts, credits, other rate differentials and appropriate reductions in deductibles that reflect the full actuarial value of that revaluation, which may be used by insurers in rate filings.
(2) (a) A rate filing for residential property insurance made on or before the implementation of paragraph (b) may include rate factors that reflect the manner in which building code enforcement in a particular jurisdiction addresses the risk of wind damage. However, that rate filing also must provide for variations from those rate factors on an individual basis based on an inspection of a particular structure by a licensed home inspector, which inspection may be at the cost of the insured.
(b) A rate filing for residential property insurance made more than one hundred fifty (150) days after approval by the department of a building code rating factor plan submitted by a statewide rating organization shall include positive and negative rate factors that reflect the manner in which building code enforcement in a particular jurisdiction addresses risk of wind damage. The rate filing shall include variations from standard rate factors on an individual basis based on inspection of a particular structure by a licensed home inspector. If an inspection is requested by the insured, the insurer may require the insured to pay the reasonable cost of the inspection. This paragraph applies to structures constructed or renovated after the implementation of this paragraph.
(c) The premium notice shall specify the amount by which the rate has been adjusted as a result of this subsection and also shall specify the maximum possible positive and negative adjustments that are approved for use by the insurer under this subsection.
(3) An insurer may not write a residential property insurance policy without providing hurricane or windstorm coverage. This subsection does not apply with respect to risks located in the Coast area that are eligible for coverage by the Mississippi Windstorm Underwriting Association established under Section 83-34-1 et seq.
(4) (a) It is the intent of the Legislature to provide a program by which homeowners may obtain an evaluation of the wind resistance of their homes with respect to preventing damage from hurricanes, together with a recommendation of reasonable steps that may be taken to upgrade their homes to better withstand hurricane force winds.
(b) To the extent that funds are provided for this purpose, the Legislature authorizes the establishment of a program to be administered by the Mississippi Windstorm Underwriting Association for homeowners insured in the Coast area as defined in Section 83-34-1 et seq.
(c) The program may provide grants to homeowners, for the purpose of providing homeowner applicants with funds to conduct an evaluation of the integrity of their homes with respect to withstanding hurricane force winds, recommendations to retrofit the homes to better withstand damage from those winds, and the estimated cost to make the recommended retrofits.
(d) The department shall establish by rule standards to govern the quality of the evaluation, the quality of the recommendations for retrofitting, the eligibility of the persons conducting the evaluation, and the selection of applicants under the program. In establishing the standards, the department shall consult with the State Department of Audit to minimize the possibility of fraud or abuse in the evaluation and retrofitting process, and to ensure that funds spent by homeowners acting on the recommendations achieve positive results.
(e) The Mississippi Windstorm Underwriting Association shall identify areas of this state with the greatest wind risk to residential properties and recommend annually to the department priority target areas for those evaluations and inclusion with the associated residential construction mitigation program.
(f) Discounts must be used without any modifications, unless they are supported by detailed alternative studies.
SECTION 6. There is established within the Department of Insurance a Comprehensive Hurricane Damage Mitigation Program. This section does not create an entitlement for property owners or obligate the state in any way to fund the inspection or retrofitting of residential property or commercial property in this state. Implementation of this program is subject to the availability of funds that may be appropriated by the Legislature for this purpose. The program shall develop and implement a comprehensive and coordinated approach for hurricane damage mitigation that shall include the following:
(a) Cost-benefit study on wind hazard mitigation construction measures. The performance of a cost-benefit study to establish the most appropriate wind hazard mitigation construction measures for both new construction and the retrofitting of existing construction for both residential and commercial facilities within the wind borne debris regionsof Mississippi. The recommended wind construction techniques shall be based on both the newly adopted Mississippi building code sections for wind load design and the wind borne debris region. The list of construction measures to be considered for evaluation in the cost-benefit study shall be based on scientifically established and sound, but common, construction techniques that go above and beyond the basic recommendations in the adopted building codes. This allows residents to utilize multiple options that will further reduce risk and loss and still be awarded for their endeavors with appropriate wind insurance discounts. It is recommended that existing accepted scientific studies that validate the wind hazard construction techniques benefits and effects be taken into consideration when establishing the list of construction techniques that homeowners and business owners can employ. This will ensure that only established construction measures that have been studied and modeled as successful mitigation measures will be considered to reduce the chance of including risky or unsound data that will cost both the property owner and state unnecessary losses. The cost-benefit study shall be based on actual construction cost data collected for both several types of residential construction and commercial construction materials, building techniques and designs that are common to the region. The study shall provide as much information as possible that will enhance the data and options provided to the public, so that homeowners and business owners can make informed and educated decisions as to their level of involvement. Based on the construction data, modeling shall be performed on a variety of residential and commercial designs, so that a broad enough representative spectrum of data can be obtained. A report shall be provided that will establish tables of data reflecting actuarially reasonable levels of wind insurance discounts (in percentages) for each mitigation construction technique/combination of techniques. Additional data that will enhance the program, such as studies to reflect property value increases for retrofitting or building to the established wind hazard mitigation construction techniques and cost comparison data collected to establish the value of this program against the investment required to include the mitigation measures, also shall be provided.
(b) Wind certification and hurricane mitigation inspections.
(i) Home-retrofit inspections of site-built, residential property, including single-family, two-family, three-family or four-family residential units, and for a set of representative commercial facilities shall be offered to determine what mitigation measures are needed and what improvements to existing residential properties are needed to reduce the property's vulnerability to hurricane damage. A state program will be established within the Department of Insurance to provide homeowners and business owners wind certification and hurricane mitigation inspections. The inspections provided to homeowners and business owners, at a minimum, must include:
1. A home inspection and report that summarizes the results and identifies corrective actions a homeowner may take to mitigate hurricane damage.
2. A range of cost estimates regarding the mitigation features.
3. Insurer-specific information regarding premium discounts correlated to recommended mitigation features identified by the inspection.
4. A hurricane resistance rating scale specifying the home's current as well as projected wind resistance capabilities.
This data shall be provided by trained and certified inspectors in standardized reporting formats and forms regardless of the insurer involved with the property owner to ensure all data collected during inspections is equivalent in style and content that allows construction data, estimates and discount information to be easily assimilated into a database. It also ensures consistency of the program information for the consumers when dealing with more than one (1) insurance company for the comparison of services or when changing policies. Data pertaining to the number of inspections, inspection reports and consumers participating in the program shall be stored in a state database for evaluation of the program's success and review of state goals in reducing wind hazard loss in the state.
(ii) To qualify for selection by the department as a provider of wind certification and hurricane mitigation inspections services, the entity shall, at a minimum:
1. Use wind certification and hurricane mitigation inspectors who:
a. Have prior experience in residential and/or commercial construction or inspection and have received specialized training in hurricane mitigation procedures through the state certified program. In order to qualify for training in the inspection process, the individual should be either a licensed building code official, a licensed contractor in the State of Mississippi, or a civil engineer with a professional engineering license.
b. Have undergone drug testing and background checks.
c. Have been certified through a state mandated training program, in a manner satisfactory to the department, to conduct the inspections.
2. Provide a quality assurance program including a reinspection component.
3. Have data collection equipment and computer systems, so that data can be submitted electronically to the state's database of inspection reports, insurance certificates, and other industry information related to this program. It is mandatory that all inspectors provide original copies to the property owner of any inspection reports, estimates, etc., pertaining to the inspection and keep a copy of all inspection materials on hand for state audits.
(c) Financial grants to retrofit properties. Financial grants may be used to encourage single-family, site-built, owner-occupied, residential property owners or commercial property owners to retrofit their properties to make them less vulnerable to hurricane damage.
(d) Education and consumer awareness. Multimedia public education, awareness and advertising efforts designed to specifically address mitigation techniques shall be employed, as well as a component to support ongoing consumer resources and referral services. In addition, all insurance companies shall provide notification to their clients regarding the availability of this program, participation details, and directions to the state Web site promoting the program, along with appropriate contact phone numbers to the state agency administrating the program. The notification to the clients must be sent by the insurance company within thirty (30) days of filing their insurance discount schedules with the Department of Insurance.
(e) Advisory council. There is created an advisory council to provide advice and assistance to the program administrator with regard to his or her administration of the program. The advisory council shall consist of:
(i) A representative of lending institutions, selected by the Department of Insurance from a list of at least three (3) persons recommended by the Mississippi Bankers Association.
(ii) A representative of residential property insurers, selected by department from a list of at least three (3) persons recommended by the Professional Insurance Agents Association of Mississippi.
(iii) A representative of home builders, selected by the department from a list of at least three (3) persons recommended by the Mississippi Homebuilders Association.
(iv) One (1) faculty member of a state university, selected by the department, who is an expert in hurricane-resistant construction methodologies and materials.
(v) Two (2) members of the House of Representatives, selected by the Speaker of the House of Representatives.
(vi) Two (2) members of the Senate, selected by the Lieutenant Governor.
(vii) The Executive Director of the Mississippi Windstorm Underwriting Association.
(viii) The Director of the Mississippi Emergency Management Agency.
Members appointed under subparagraphs (i) through (iv) shall serve at the pleasure of the Department of Insurance. Members appointed under subparagraphs (v) and (vi) shall serve at the pleasure of the appointing officers. All other members shall serve as voting ex officio members. Members of the advisory council shall serve without compensation but may receive reimbursement as provided in Section 25-3-41 for per diem and travel expenses incurred in the performance of their official duties.
(f) Rules and regulations. The Department of Insurance shall adopt rules and regulations governing the Comprehensive Hurricane Damage Mitigation Program. The department also shall adopt rules and regulations establishing priorities for grants provided under this section based on objective criteria that gives priority to reducing the state's probable maximum loss from hurricanes. However, pursuant to this overall goal, the department may further establish priorities based on the insured value of the dwelling, whether or not the dwelling is insured by Mississippi Windstorm Underwriting Association and whether or not the area under consideration has sufficient resources and the ability to perform the retrofitting required.
SECTION 7. This act shall take effect and be in force from and after its passage.