Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Pcb Testing topic
No spam. Unsubscribe anytime.
Committee weighs delaying school PCB testing as state litigation continues
Summary
Lawmakers heard from the attorney general’s office that ongoing litigation against the manufacturer could produce recoveries and recommended clarifying language about how recoveries flow to schools; members discussed pushing the mandated testing deadline into the mid-2030s to ease unfunded costs for districts.
The Senate Finance Committee considered a bill to delay mandatory school testing for polychlorinated biphenyls (PCBs) after members said districts described the requirement as disruptive and costly. The committee heard that state litigation against the manufacturer is underway, and that potential recoveries from that litigation could be relevant to funding testing and remediation.
An Assistant Attorney General told the committee the office ‘‘filed the complaint ending June 23’’ and that discovery is underway; the office has defeated a motion to dismiss and ‘‘we have a trial date for this coming March,’’ which the presenter referenced as March 27. The Assistant AG cautioned that comparisons to other states are imperfect but noted settlements elsewhere ranged from the low tens of millions to several hundred million in large, broadly scoped cases. The office said it is confident in its case but cannot predict Vermont recoveries until settlement or verdict.
Committee members asked whether suspending or delaying testing would impede the lawsuit; the Assistant AG responded that pausing the testing program would not prevent the office from pursuing litigation. Lawmakers debated how far to extend the testing deadline: the bill as presented would move deadlines to 2031, but several members urged a longer extension (one member suggested 2035) to align with anticipated funding and to avoid imposing an unfunded mandate on school districts.
Members also discussed a technical amendment to ensure litigation recoveries intended for addressing school PCB contamination would be allocated appropriately. The committee requested that staff circulate revised draft language clarifying how recoveries would be parsed (schools versus natural-resource recoveries) and return the bill for a vote when the language is ready.
The committee did not take a final vote in the hearing; lawmakers asked for clarified language and additional drafting to reflect the committee’s direction.
