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Official says H542 would pause statewide PCB testing in pre‑1980 schools, require state funding for confirmed remediation
Summary
State counsel Michael Green told the Senate Education Committee that H542 would stop the ANR’s statewide PCB indoor‑air testing mandate for pre‑1980 schools, continue state funding for remediation where schools previously exceeded action levels, and require reports from ANR and the Department of Health; committee members pressed about liability, funding shortfalls and comparability with federal standards.
Michael Green, testifying as staff counsel, told the Senate Education Committee on March 24 that H542 would pause the state’s mandated indoor‑air PCB testing for pre‑1980 public and recognized independent schools but keep a state commitment to fund investigation, remediation and removal where schools already tested above the state’s school action levels.
Green summarized the program history: session law previously required ANR to inventory and test older schools, the Legislature set aside funding in earlier years and moved deadlines, and the state has funded some remediations (including a prior $16 million allocation to Burlington). He said roughly 328 schools built or renovated before 1980 are subject to the program; 183 have completed inventories, 157 have completed sampling, 46 schools have detected PCBs above the state action levels, about 145 still need an initial inventory and 171 require sampling. Green said remaining funds in the current accounts are limited (about $4.5 million remaining) and much of that is already earmarked.
"What H542 does is effectively stops the testing requirement," Green said, adding that the bill requires ANR to continue to fund investigation and remediation at schools that already tested above action levels, to submit a long‑term remediation plan, and to have the commissioner of health provide an assessment of health impacts for students and staff in untested buildings. H542 would also push the program’s regular reporting to the Legislature, beginning January 15, 2027, and require ANR to request additional appropriations if needed.
Committee members asked whether Vermont’s indoor‑air school action levels are directly comparable to EPA’s 50 parts‑per‑million federal material standard; Green said they are not directly convertible because Vermont measures air concentrations (nanograms per cubic meter) while EPA’s measure applies to material concentration and testing methods differ. Green warned that federal law requires removal when hard building materials exceed the 50 ppm federal threshold and that the state’s obligations and potential liabilities would need to be assessed for schools that test at or above those material thresholds.
Members noted competing priorities: some argued that testing lower‑risk, post‑1980 buildings would be a poor use of scarce resources, while others said the Legislature needs a health‑risk analysis before pausing a mandate. Green said litigation against PCB manufacturers is ongoing and that H542 would not eliminate existing legal actions for past exposures.
The committee did not vote on H542 at the hearing; Green reported that a floor motion previously pushed the bill to the House healthcare committee after debate. Committee members signaled interest in further briefings from ANR, Department of Health and other subject matter experts before taking legislative action.
