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House orders third reading of H.873 to shield property taxpayers from PCB remediation costs in schools

March 26, 2024 | HOUSE OF REPRESENTATIVES, Committees, Legislative , Vermont


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House orders third reading of H.873 to shield property taxpayers from PCB remediation costs in schools
The House advanced H.873, a bill aimed at financing testing and remediation of polychlorinated biphenyls (PCBs) in Vermont school buildings and protecting local property taxpayers from bearing remediation costs.

Representative Conlin (member from Cornwall), speaking for the Education Committee, described H.873 as a response to what he called an unfolding funding and operational crisis in Vermont schools: gyms and auditoriums closed, trailer classrooms used, and buildings running dozens or even hundreds of charcoal filtration fans to lower airborne PCB levels. "This bill is about protecting property taxpayers from standing in for Monsanto and bearing the full brunt of the cost created by the state's testing program," Conlin said on the floor.

Key provisions reported on the floor include a mechanism that pauses further airborne testing when the state's remediation fund reaches a $4,000,000 trigger, a requirement that the Agency of Natural Resources calculate estimated remediation costs and communicate with the Agency of Education about reimbursements, and authority for the emergency board to transfer up to $2,000,000 in specified circumstances. The sponsor also said the bill reaffirms intent that the manufacturer (named in floor remarks as Monsanto) should ultimately be held responsible for remediation costs and that education‑funded amounts already obligated (including an earlier $30,000,000 set‑aside) should be managed with reimbursement mechanisms tied to potential litigation settlements.

Ways and Means made technical edits (e.g., replacing references to the 'education fund' with the 'Agency of Education' for clarity and inserting an emergency transfer clarification from the environmental contingency fund). A floor amendment added language directing the secretary to recommend funding sources and to consider other sources before recommending the education fund be used.

Members described local impacts during floor debate: Bellows Falls Union High School deployed hundreds of filters and faced remediation costs (sponsor reported $272,000 spent so far and partial reimbursement), noisy fans affecting instruction, and higher electricity bills for districts. On questions from the floor, the sponsor explained Vermont's action levels for airborne PCBs are generally lower than the EPA's and noted Vermont's testing program is distinct.

After committee amendments and floor changes were adopted, the presiding officer ordered third reading for H.873.

What happens next: H.873 was amended on the floor and ordered to third reading; the bill requires interagency costing and funding analysis and clarifies emergency transfer authority and funding prioritization to avoid placing remediation costs on school property taxpayers.

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