Bill Summary – FastDemocracy

AS PASSED BY HOUSE                                                         H.873
                                                                 Page 1 of 6
                                       H.873
    An act relating to financing the testing for and remediation of the presence
    of polychlorinated biphenyls (PCBs) in schools
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. PCB TESTING AND REMEDIATION IN SCHOOLS
    (a) If a school is required to test for the presence of polychlorinated
 biphenyls (PCBs) pursuant to 2021 Acts and Resolves No. 74, Sec. E.709.1,
 the Agency of Natural Resources (ANR) shall conduct the testing or pay for
 testing conducted by the school.
    (b) It is the intent of the General Assembly that ANR shall seek to hold the
 manufacturers of PCBs liable under 10 V.S.A. § 6615 for the cost of PCB
 investigation, remediation, and removal in schools. Prior to any judgment or
 settlement under which PCB manufacturers pay for PCB investigation,
 remediation, and removal in schools, it is the intent of the General Assembly as
 signified by 2023 Acts and Resolves No. 78, Sec. C.112, that the State of
 Vermont shall pay for the costs of investigation, remediation, and removal of
 PCBs at any school where testing under 2021 Acts and Resolves No. 74, Sec.
 E.709.1 exceeded the State school action levels. When a judgment or
 settlement is reached under which PCB manufacturers pay for PCB
 investigation, remediation, and removal in schools, any funds received under
 the judgment or settlement related to PCBs in schools shall first be used to
                                                                        VT LEG #375830 v.1
     AS PASSED BY HOUSE                                                          H.873
                                                                  Page 2 of 6
 reimburse the State for the costs related to investigation, remediation, and
 removal of PCBs at schools that exceeded the State school action levels. Any
 reimbursed monies shall be deposited into the Fund from which the money was
 expended.
    (c)(1) Beginning on July 1, 2024 and every month thereafter, the Secretary
 of Natural Resources shall report to the Secretary of Administration, the Joint
 Fiscal Committee, and the Emergency Board the following information
 regarding the funds appropriated to the Agency of Education and the Agency
 of Natural Resources in 2023 Acts and Resolves No. 78, Sec. C.112 and
 subsequent appropriations for investigation, remediation, and removal of PCBs
 at schools that test at levels exceeding the State school action levels:
          (A) the amount of the funds that remain at the Agency of Education
 for grants to schools and the amount of funds that remain under other sources
 for investigation, remediation, and removal of PCBs at those schools;
          (B) whether the funds appropriated to the Agency of Education for
 investigation, remediation, and removal of PCBs in schools are sufficient to
 fully fund grants to complete investigation, remediation, and removal of PCBs
 at those schools that test at levels exceeding the State school action levels but
 that have not received a grant; and
          (C) when the Secretary of Natural Resources estimates the funds
 appropriated to the Agency of Education for investigation, remediation, and VT LEG #375830 v.1
     AS PASSED BY HOUSE                                                         H.873
                                                                 Page 3 of 6
 removal of PCBs in schools will be insufficient to award grants to the
 remaining schools that will be required to complete investigation, remediation,
 and removal of PCBs.
       (2) The Secretary of Natural Resources shall submit each report required
 by this subsection to the House Committees on Education and on
 Appropriations and the Senate Committees on Education and on
 Appropriations. When the General Assembly is not in session, the Secretary of
 Natural Resources shall also submit the report to the Joint Fiscal Committee
 and the Emergency Board.
       (3) If the Secretary of Natural Resources fails to submit a report
 required by this subsection to the Secretary of Administration, the Joint Fiscal
 Committee, or the Emergency Board, a school shall not be required to initiate
 testing for PCBs until 15 days after the Secretary of Natural Resources has
 submitted a required report to the Secretary of Administration, the Joint Fiscal
 Committee, or the Emergency Board.
    (d)(1) If the Secretary of Natural Resources reports under subsection (c) of
 this section that there is $4,000,000.00 or less of funds remaining at the
 Agency of Education for the investigation, remediation, and removal of PCBs,
 ANR shall not initiate testing or payment for initial testing for PCBs at a
 school under subsection (a) of this section, and a school shall not be required to
 initiate testing for PCBs until such time as the General Assembly enacts a VT LEG #375830 v.1
     AS PASSED BY HOUSE                                                            H.873
                                                                    Page 4 of 6
 comprehensive plan for funding PCB investigation, remediation, and removal
 of PCBs in schools or as provided in subdivision (2) of this subsection.
       (2) If initial testing of a school for PCBs is paused under subdivision (1)
 of this subsection when the General Assembly is not in session, the Emergency
 Board is authorized to transfer $2,000,000.00 from the Environmental
 Contingency Fund to the Agency of Education for the purpose of providing
 grants to schools for the investigation, remediation, and removal of PCBs.
 Upon transfer under this subdivision, ANR is authorized to restart initial
 testing or payment for initial testing for PCBs at schools.
    (e) If a school tested positive for the presence of PCBs in excess of the
 State school action levels and the State lacks sufficient funds for the
 investigation, remediation, and removal of PCBs in the school, the Secretary of
 Natural Resources shall submit to the House Committees on Education and on
 Appropriations and the Senate Committees on Education and on
 Appropriations the amount of funds that the General Assembly should
 appropriate to the Agency of Natural Resources to sufficiently fund
 investigation, remediation, and removal of PCBs in the school. As part of the
 submission to the General Assembly, the Secretary shall recommend the
 source of the necessary funds, provided that the Secretary shall first consider
 all other sources of funding before recommending the Education Fund as a
 source of the necessary funds.
                                                                        VT LEG #375830 v.1
     AS PASSED BY HOUSE                                                         H.873
                                                                 Page 5 of 6
    (f) Notwithstanding subsection (b) of this section and the intent of the
 General Assembly to pay for the investigation, remediation, and removal of
 PCBs in schools, the State of Vermont shall not pay for the costs of
 investigation, remediation, and removal of PCBs in schools when the
 investigation, remediation, and removal was not in response to indoor air
 testing required pursuant to 2021 Acts and Resolves No. 74, Sec. E.709.1 but
 was part of a planned renovation or construction project at a school under
 which the PCBs would be remediated or removed as part of the project. This
 subsection shall not apply to the $16,000,000.00 reserved for the Burlington
 School District under 2023 Acts and Resolves No. 78, Sec. C.112.
 Sec. 2. 2021 Acts and Resolves No. 74, Sec. E.709.1, as amended by 2022
 Acts and Resolves No. 166, Sec. 8 and 2023 Acts and Resolves No. 78, Sec.
 C.111, is further amended to read:
    Sec. E.709.1 ENVIRONMENTAL CONTINGENCY FUND;
                  POLYCHLORINATED BIPHENYLS (PCBs) TESTING
                  IN SCHOOLS
    (a) Notwithstanding 10 V.S.A. § 1283, of the funds transferred in Sec.
 D.101(a) of this act to the Environmental Contingency Fund, the Department
 of Environmental Conservation, in consultation with the Department of Health
 and the Agency of Education, shall use up to $4,500,000 to complete air indoor
 quality testing for Polychlorinated Biphenyls (PCBs) in public schools and VT LEG #375830 v.1
    AS PASSED BY HOUSE                                                        H.873
                                                                Page 6 of 6
 approved and recognized independent schools that were constructed or
 renovated before 1980. All schools subject to this subsection shall test for
 PCBs on or before July 1, 2027.
 Sec. 3. EFFECTIVE DATE
    This act shall take effect on passage.
                                                                      VT LEG #375830 v.1