§ 4013. — State records and priority lists.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC4013]
TITLE 20--EDUCATION
CHAPTER 52--EDUCATION FOR ECONOMIC SECURITY
SUBCHAPTER V--ASBESTOS SCHOOL HAZARD ABATEMENT
Sec. 4013. State records and priority lists
(a) Records
The Governor of each State shall maintain records on--
(1) the presence of asbestos materials in school buildings of
local educational agencies;
(2) the asbestos detection and abatement activities and other
response actions conducted by local educational agencies (including
activities relating to the replacement of the asbestos materials
removed from school buildings with other appropriate building
materials); and
(3) repairs made to restore school buildings to conditions
comparable to those which existed before the abatement activities
referred to in paragraph (2) were undertaken.
(b) Priority list
(1) Each year, in accordance with procedures established by the
Administrator, the Governor of each State shall:
(A) submit to the Administrator a priority list of all schools
under the authority of a local educational agency within the State,
without regard to the public or private nature of the school
involved, that are candidates for abatement activities and other
response actions; and
(B) forward to the Administrator for each candidate for
abatement activities and other response actions all applications for
financial assistance prepared by the local educational agencies in
accordance with the provisions of section 4014 of this title; and
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\1\ So in original. Probably should end with a period instead of ``;
and''.
(2) The priority list shall rank the potential candidates for
abatement action based on the nature and magnitude of the existing and
potential exposure presented by the asbestos materials.
(3) For each school listed, the Governor shall certify that the
statement of need contained in the application for assistance accurately
reflects the financial resources available to the local educational
agency for the asbestos abatement program.
(4) For the purpose of determining the adequacy of the financial
resources available to a local educational agency for the abatement of
asbestos threats the Governor shall, to the extent practicable, consider
the following:
(A) A measure of financial need used by the State in which the
local educational agency is located.
(B) The estimated per capita income of the locality of such
agency or of those directly or indirectly providing financial
support for such agency.
(C) The extent to which the local school millage rate falls
above or below (i) the millage rate average of the State and (ii)
the millage rate of other local educational agencies with comparable
enrollment, per capita income, and resource base.
(D) The ratio, expressed as a percentage, of the estimated cost
of the project to the total budget of the local educational agency.
(E) The borrowing capacity of the local educational agency.
(F) Any additional costs to the local educational agency of
meeting the special needs of disadvantaged students.
(G) Any other factor that demonstrates that the local
educational agency has limited financial resources.
(Pub. L. 98-377, title V, Sec. 504, Aug. 11, 1984, 98 Stat. 1289; Pub.
L. 101-637, Secs. 5, 14(a)(4), (b)(5), (6), Nov. 28, 1990, 104 Stat.
4590, 4594, 4595.)
Amendments
1990--Pub. L. 101-637, Sec. 14(a)(4), substituted ``State records
and priority lists'' for ``State plans'' in section catchline.
Subsec. (a). Pub. L. 101-637, Secs. 5(a)(1), 14(b)(5), inserted
heading and substituted ``The Governor of each State shall maintain
records on'' for ``Not later than three months after August 11, 1984,
the Governor of each State shall submit to the Administrator a plan
which describes the procedures to be used by the State for maintaining
records on'' in introductory provisions.
Subsec. (a)(2). Pub. L. 101-637, Sec. 5(a)(2), (3), inserted ``and
other response actions'' after ``abatement activities'' and inserted
``and'' after semicolon at end.
Subsec. (a)(3). Pub. L. 101-637, Sec. 5(a)(4), substituted
``paragraph (2)'' for ``subparagraph (B)''.
Subsec. (b). Pub. L. 101-637, Sec. 14(b)(6)(A), inserted heading.
Subsec. (b)(1). Pub. L. 101-637, Sec. 5(b)(1), substituted ``Each
year, in accordance with procedures established by the Administrator,''
for ``Not later than six months after August 11, 1984, and annually
thereafter,'' in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 101-637, Secs. 5(b)(2), (3), 14(b)(6)(B),
substituted ``abatement activities and other response actions'' for
``abatement'', struck out ``and the Secretary of the Department of
Education'' after ``submit to the Administrator'', and inserted ``and''
after semicolon at end.
Subsec. (b)(1)(B). Pub. L. 101-637, Secs. 5(b)(2), 14(b)(6)(B), (C),
substituted ``abatement activities and other response actions'' for
``abatement'', struck out ``section 4012(b)(3) of this title and''
before ``section 4014'', and struck out ``and the Secretary of the
Department of Education'' after ``forward to the Administrator''.
Subsec. (b)(1)(C). Pub. L. 101-637, Sec. 5(b)(4), struck out subpar.
(C) which read as follows: ``forward to the Secretary of the Department
of Education a copy of all information submitted to the Administrator in
accordance with subsection (b)(3) of this section.''
Subsec. (b)(4)(C). Pub. L. 101-637, Sec. 14(b)(6)(D), inserted a
comma after ``per capita income''.
Subsec. (b)(4)(F), (G). Pub. L. 101-637, Sec. 5(c), added subpar.
(F) and redesignated former subpar. (F) as (G).
Subsec. (c). Pub. L. 101-637, Sec. 5(d), struck out subsec. (c)
which read as follows: ``Not later than nine months after the submission
of the plan described in subsection (a) of this section, and each twelve
months thereafter, the Governor shall submit to the Administrator a
report which describes the actions taken by the State in accordance with
its plan under such subsection.''
Section Referred to in Other Sections
This section is referred to in section 4014 of this title.
