Vermont bill would halt most school PCB testing, keep funding for sites already found positive

A bill introduced for review by the House Education Committee would end most state-run indoor-air PCB testing in Vermont schools, while preserving investigation, remediation and state funding for schools that already tested positive above state or federal action levels.

The committee walked through H.542 on Jan. 14. Chair (House Education) said the measure responds to a funding shortfall: "That money is essentially gone," the chair said of the roughly $30 million originally appropriated for the program, noting about half was spent addressing Burlington's contamination. Under language the committee reviewed, the Agency of Natural Resources (ANR) "shall cease testing for PCBs in public schools and approved recognized independent schools" constructed or renovated before 1980, with a narrow exception that testing and remediation will continue and be state-funded at schools that previously tested positive at levels that require continued action.

Why the exception matters: staff told the committee the program's state-determined indoor-air action levels are measured in nanograms per cubic meter and vary by exposure class (30 ng/m3 for pre-K, 60 ng/m3 for K—Grade 6, 100 ng/m3 for Grade 7 and up). Federal Environmental Protection Agency rules apply to PCB concentrations in the physical source material (not indoor-air) and require removal when source materials measure 50 parts per million, a different measurement regime that can trigger federal hazardous-release obligations.

Michael Frady, who identified himself to the committee as "with the office of Legislative Account," summarized the bill's structure and its legal form: the change is drafted as session law/appropriations language rather than an amendment to an existing statute. He walked members through provisions that would redirect any remaining indoor-air testing appropriations to investigation, remediation and removal at schools ANR already tested and found to exceed state action levels, rather than using those funds for new testing.

Committee members repeatedly framed the issue as one of funding rather than scientific disagreement. "This is about money, not about science," the chair said, while other members pressed for Department of Health and DEC testimony on carcinogenic risk and long-term exposure impacts. One representative asked whether ending routine testing would increase the risk that long-serving school employees develop cancer; staff advised the committee to hear from health experts and pointed to ongoing litigation and scientific debate about exposure risks.

Members raised equity concerns: some districts have already tested (sometimes without state funding), while others have not. Staff said a list of tested schools exists and that DEC staff would appear for additional testimony to provide specifics on tested schools and costs. Frady said that if ANR previously completed testing at a school and the school tested positive for PCBs in excess of state action levels, "the state of Vermont'shall pay for the cost of investigation, remediation, and removal of PCBs at the school." At the same time, he said the bill would allow schools that are not being fully funded for ongoing interim remedial measures not to be obligated to continue those measures under state law, although federal law could still require immediate remediation in some cases.

The committee also discussed the magnitude of remediation costs and the likely remedies. Staff noted that the most viable and effective remediation in many cases is replacement of the building that tested positive. The transcript records district-level examples of different responses: from continual fans and filter replacement in some schools to an $8,000,000 state investment in encapsulation and removal work at North Country Union High School.

On federal compliance, staff said they had asked EPA whether the state could write language that would let schools ignore federal hazardous-release obligations; the answer was no, and staff said they had a letter from EPA documenting that position. That means in practice the bill can pause new state-led indoor-air testing but cannot override federal response requirements if a school is found to have a material source that meets EPA removal thresholds.

H.542 would also require ANR, after consultation with the Agency of Education and affected parties, to submit a long-term remediation plan to the General Assembly by Jan. 15 and to begin annual reporting in Jan. 2027 on the status of testing, number of schools tested, schools exceeding state action levels, remedial measures taken or planned, amounts expended and estimates of additional funds needed.

Committee members asked staff to check on the status of both the state'led litigation and private suits against PCB manufacturers, and DEC and Department of Health experts are scheduled to testify at a later committee session. The chair closed the initial walkthrough by saying that more testimony would follow and framing the core policy choice as whether to proceed without a dedicated, sustainable funding stream for testing, investigation and remediation.

What happens next: the committee paused the H.542 walkthrough pending additional testimony from DEC and Department of Health staff and further cost detail from affected school districts. The bill's effective timing will depend on how it is treated in the appropriations process, since the provision is drafted as session law tied to funding.