[§431P-4]  Planning and assessmentfunctions of the fund; discretion to provide insurance.  (a)  The fundshall be responsible for monitoring the availability of property insurance,including insurance for covered events, in this State.  If at any time theboard determines, in its sole discretion, that the private insurance market isnot making such insurance reasonably available to consumers in this State, thefund may offer policies of hurricane property insurance for sale in accordancewith this chapter.

(b)  Nothing in subsection (a) shall prohibitthe board from exercising its powers to develop plans and procedures for theoperation and management of the fund without regard to the determination of theboard as to the availability of insurance in the private market. [L 1993, c339, pt of §2]