An act relating to testing of schools in Vermont for polychlorinated biphenyls

The deadline for all schools to complete PCB indoor air quality testing is extended from July 1, 2027 to August 1, 2035, giving schools nearly 8 additional years to test.

The requirement for the Secretary of Natural Resources to submit a long-term PCB remediation plan by January 15, 2027 is removed.

The official version's mandatory requirement that the State of Vermont 'shall pay for the costs of the investigation, remediation, and removal of PCBs' at schools that tested positive is removed. It is replaced by a grant program under which funds are provided only 'to the extent funds are available,' making state funding discretionary rather than guaranteed.

A new provision (Sec. 2(e)) allows the State to recover from PCB manufacturers any monies expended or awarded for PCB investigation, testing, assessment, remediation, or removal in a school above the relevant action level.

The provision allowing schools to skip interim remedial measures (when the State was not fully funding them, building replacement was most viable, and federal law did not require immediate action) is removed entirely.

The requirement for the Commissioner of Health to review and update the health impact assessment of airborne PCBs in schools by January 15, 2027 is removed.

The annual reporting requirement on PCB testing status (number of schools tested, remaining, positive results, remedial measures, funds expended) is removed.

The bill title changes from 'An act relating to terminating testing of schools in Vermont for polychlorinated biphenyls' to 'An act relating to testing of schools in Vermont for polychlorinated biphenyls,' dropping the word 'terminating' and reflecting the shift away from ending the testing program.

The bill's purpose shifted from terminating PCB testing in schools to continuing and extending it. The testing deadline was changed from July 1, 2027 (in the prior law being amended) to August 1, 2035, giving schools roughly 8 additional years to complete testing.

The House version's provisions for terminating ANR testing, ceasing scheduled or ongoing testing, and redirecting remaining test funds were all removed. The provision allowing schools to skip interim remedial measures if the state was not fully funding them was also removed.

A new School Polychlorinated Biphenyl Program Fund was created, administered by the Secretary of Natural Resources. Funding sources include school reimbursements from litigation recoveries, state litigation recoveries, General Assembly transfers, and approved gifts or donations.

Grants to school districts required to conduct investigation, mitigation, or remediation after ANR testing will cover 100 percent of costs under the Agency's Investigation and Remediation of Contaminated Properties Rule.

A grant program was established for school districts to fund PCB investigation, mitigation, and remediation. Grants follow a priority order: facilities master plan investigations first, then voluntary testing, management plans, mitigation when results exceed action levels, corrective action plans, and construction-integrated corrective actions.

Section 3 amends the school construction aid statute (16 V.S.A. section 3445) to require that school districts applying for construction aid for buildings constructed or renovated before 1980 must have completed indoor air quality PCB testing according to DEC standards as a condition of approval.

School districts that recover money from litigation for work covered by a state grant must reimburse the state an amount equal to the recovery or the grant, whichever is less. The state may also recover from PCB manufacturers monies expended for school PCB work above action levels.

ANR must submit a report by January 15, 2027 estimating the additional cost to complete testing, mitigation, and remediation at all covered schools, along with a plan to fund those costs.

The effective date was split: most sections take effect on passage, but Section 3 (school construction aid changes) takes effect July 2, 2026. The governor signed the bill June 15, 2026.

Section 5 repeals 2023 Acts and Resolves No. 78, Sec. C.112(b)(1) and (2), which had provided for state funding of grants for PCB investigation, remediation, and removal at schools - effectively replacing that mechanism with the new fund.

Standard official-version metadata was added: sponsor identification (Rep. Conlon of Cornwall), committee referral line, subject classification, and a statement of purpose summarizing the bill's intent.

Section (d) in the official version contains a standalone introductory paragraph that duplicates the text of subsection (d)(1), likely a clerical drafting error rather than an intentional policy change. The unofficial version only has (d)(1) and (d)(2).

Header changed from 'AS PASSED BY HOUSE' to 'BILL AS PASSED BY THE HOUSE' and page count increased from 5 to 7 pages due to the added metadata block.

New subsection (d)(2) requires the Commissioner of Health to review and update their assessment of health impacts on students and staff from airborne PCBs in public and independent schools by January 15, 2027, and submit the updated assessment to the House and Senate Committees on Education, Environment, Natural Resources and Energy, and Appropriations.