15 U.S.C. § 2650 — Asbestos contractors and local educational agencies
submitted 40 years ago by Pub. L. 94-469 to r/title-15-COMMERCE-AND-TRADE · 372 words · no verdicts yet
The Administrator must study insurance and other financial protection available to local educational agencies and asbestos contractors for actions required by this subchapter. The Administrator must send interim and final reports to Congress, and States may change liability standards based on those reports.
(a) Study.—
(1) General requirement.—The Administrator* must study the availability of liability insurance and other ways to protect against financial loss for local educational agencies and asbestos* contractors concerning actions required under this subchapter. The study must examine:
(A) how available liability insurance and other financial-loss protection are to local educational agencies and asbestos contractors;
(B) how much the cost of insurance or other financial-loss protection has increased, and how much the coverage has become less complete;
(C) how much any limits on availability result from causes other than liability standards in applicable law;
(D) how much the regulations required by 15 U.S.C. § 2643(c) and (d), and contractor accreditation under § 2646, have affected the availability or cost of insurance or other financial-loss protection;
(E) how much any limit on availability is preventing inspections for asbestos-containing material* or the development or carrying out of management plans under this subchapter; and
(F) any other obstacles to completing inspections on time or developing and carrying out management plans under this subchapter.
(2) Interim report.—By April 1, 1988, the Administrator must send Congress an interim report on the study’s progress, together with preliminary findings based on information collected by that date.
(3) Final report.—By October 1, 1990, the Administrator must send Congress a final report on the study, including final findings based on the information collected.
(b) State* action.—Based on the study’s interim or final report under subsection (a), a State may enact or change State law to establish or change a liability standard for local educational agencies or asbestos contractors concerning actions required under this subchapter.
The Administrator* shall conduct a study on the availability of liability insurance and other forms of assurance against financial loss which are available to local educational agencies and asbestos* contractors with respect to actions required under this subchapter. Such study shall examine the following:
The extent to which liability insurance and other forms of assurance against financial loss are available to local educational agencies and asbestos contractors.
The extent to which the cost of insurance or other forms of assurance against financial loss has increased and the extent to which coverage has become less complete.
The extent to which any limitation in the availability of insurance or other forms of assurance against financial loss is the result of factors other than standards of liability in applicable law.
The extent to which the existence of the regulations required by subsections (c) and (d) of section 2643 of this title and the accreditation of contractors under section 2646 of this title has affected the availability or cost of insurance or other forms of assurance against financial loss.
The extent to which any limitation on the availability of insurance or other forms of assurance against financial loss is inhibiting inspections for asbestos-containing material* or the development or implementation of management plans under this subchapter.
Identification of any other impediments to the timely completion of inspections or the development and implementation of management plans under this subchapter.
Not later than April 1, 1988, the Administrator shall submit to the Congress an interim report on the progress of the study required by this subsection, along with preliminary findings based on information collected to that date.
Not later than October 1, 1990, the Administrator shall submit to the Congress a final report on the study required by this subsection, including final findings based on the information collected.
On the basis of the interim report or the final report of the study required by subsection (a), a State may enact or amend State law to establish or modify a standard of liability for local educational agencies or asbestos contractors with respect to actions required under this subchapter.
Source credit: (Pub. L. 94–469, title II, § 210, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2986.)
- 1986Enacted · Pub. L. 94-469 · 100 Stat. 2986
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-469 on 1986-10-22.
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