Title 42The Public Health and WelfareRelease 119-73

§9674 Purchasing groups

Title 42 › Chapter CHAPTER 103— - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY › Subchapter SUBCHAPTER IV— - POLLUTION INSURANCE › § 9674

Last updated Apr 6, 2026|Official source

Summary

Lets purchasing groups buy pollution liability insurance and related coverage without being blocked by many state rules. States cannot ban a purchasing group or stop insurers from offering the group better rates or terms based on the group’s loss history. States also cannot bar the group from buying insurance because it or its members are too new, require a minimum size, ownership tie, or legal form, force a certain share of members to join, demand a policy be countersigned by a local agent, or otherwise treat the group unfairly. These exemptions cover pollution liability and related general liability coverage, and the sale of those policies, insurance-related services, and management services to the group or its members. A State may require agents or brokers for a purchasing group to have a state license, but the State may not impose rules that discriminate against out-of-state agents or brokers.

Full Legal Text

Title 42, §9674

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Except as provided in this section, a purchasing group is exempt from the following:
(1)A State law, rule, or order which prohibits the establishment of a purchasing group.
(2)A State law, rule, or order which makes it unlawful for an insurer to provide or offer to provide insurance on a basis providing, to a purchasing group or its member, advantages, based on their loss and expense experience, not afforded to other persons with respect to rates, policy forms, coverages, or other matters.
(3)A State law, rule, or order which prohibits a purchasing group or its members from purchasing insurance on the group basis described in paragraph (2) of this subsection.
(4)A State law, rule, or order which prohibits a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time.
(5)A State law, rule, or order which requires that a purchasing group must have a minimum number of members, common ownership or affiliation, or a certain legal form.
(6)A State law, rule, or order which requires that a certain percentage of a purchasing group must obtain insurance on a group basis.
(7)A State law, rule, or order which requires that any insurance policy issued to a purchasing group or any members of the group be countersigned by an insurance agent or broker residing in that State.
(8)A State law, rule, or order which otherwise discriminate 11 So in original. Probably should be “discriminates”. against a purchasing group or any of its members.
(b)The exemptions specified in subsection (a) apply to the following:
(1)Pollution liability insurance, and comprehensive general liability insurance which includes this coverage, provided to—
(A)a purchasing group; or
(B)any person who is a member of a purchasing group.
(2)The sale of any one of the following to a purchasing group or a member of the group:
(A)Pollution liability insurance and comprehensive general liability coverage.
(B)Insurance related services.
(C)Management services.
(c)A State may require that a person acting, or offering to act, as an agent or broker for a purchasing group obtain a license from that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker.

Reference

Citations & Metadata

Citation

42 U.S.C. § 9674

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73