Vermont H. 542: An act relating to making appropriations for the support of government

Bill Text

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No. 130. An act relating to testing of schools in Vermont for
polychlorinated biphenyls.
(H.542)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 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 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 August 1, 2035.
Sec. 2. 10 V.S.A. § 6618a is added to read:
§ 6618a. SCHOOL POLYCHLORINATED BIPHENYL PROGRAM FUND
(a) There is created the School Polychlorinated Biphenyl Program Fund to
be administered by the Secretary of Natural Resources to provide funding for

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the investigation, mitigation, and remediation of polychlorinated biphenyls
(PCBs) at schools in Vermont. The Fund shall consist of:
(1) Reimbursements from a school for work related to a grant issued by
the State for PCB investigation, mitigation, and remediation when that school
recovers money from litigation or other awards. The reimbursement shall be
limited to the amount of the grant awarded to the school or the amount of the
recovery, whichever is less.
(2) Any litigation recovery by the State for the costs of addressing PCB
contamination in schools, less attorney’s fees and costs.
(3) Monies from time to time transferred to the Fund by the General
Assembly.
(4) Other gifts, donations, or other monies received from any source,
public or private, dedicated for deposit into the Fund and approved by the
Secretary of Administration.
(b)(1) The Secretary of Natural Resources shall administer a program to
issue grants to school districts to pay the costs, to the extent funds are
available, of the following activities in order of the priority listed:
(A)(i) PCB investigations that are a part of a facilities master plan; or
(ii) indoor air quality testing of a school initiated voluntarily by a
school district, provided that the school district notified the Secretary of
Natural Resources of the testing and the school district conducts the testing

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according to the Department of Environmental Conservation’s standards for
testing;
(B) the development of PCB management plans;
(C) the costs of mitigation when results exceed the immediate action
level;
(D) the costs of implementing any approved corrective action plan
when, after mitigation efforts, the concentrations in the school exceed the
immediate action level; and
(E) the costs of implementing a corrective action plan as a part of a
school construction project.
(2) To the extent that funds are available, grants to school districts that
are required to conduct investigation, mitigation, or remediation of PCB
contamination in a school after Agency of Natural Resources testing shall be in
an amount sufficient to pay for 100 percent of the costs at the school of
investigation, remediation, or removal required by the Agency of Natural
Resources Investigation and Remediation of Contaminated Properties Rule.
(c) Notwithstanding any contrary provisions of 32 V.S.A. chapter 7,
subchapter 5, unexpended balances and interest earned by the Fund shall be
retained in the Fund from year to year.
(d) If a school district in the State recovers money from litigation or other
award for work covered under a grant issued under this section, the school
district shall reimburse the State the amount of the recovery or the amount of

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the grant awarded to the school district under subsection (b) of this section,
whichever amount is less.
(e) In addition to any other remedy, the State may recover from a
manufacturer of PCBs monies expended or awarded by the State for PCB
investigation, testing, assessment, remediation, or removal of PCBs in a school
above the relevant action level.
Sec. 3. 16 V.S.A. § 3445 is amended to read:
§ 3445. APPROVAL AND FUNDING OF SCHOOL CONSTRUCTION
PROJECTS
(a) Construction aid.
(1) Preliminary application for construction aid. A school district
eligible for assistance under section 3447 of this title that intends to construct
or purchase a new school, or make extensive additions or alterations to its
existing school, and desires to avail itself of State school construction aid shall
submit a written preliminary application to the Secretary.