Appropriations committee backs voluntary commercial salt-certification program, removes start-up appropriation

The House Appropriations Committee on Wednesday recommended approval of H.86, a bill to create a voluntary commercial salt applicator education, training and certification program at the Agency of Natural Resources (ANR) aimed at reducing chloride pollution in state waters, and voted to remove the bill's initial FY2026 appropriation.

Michael O'Grady of the Legislative Council told the committee that the measure is intended to help the State meet Clean Water Act obligations when waters are identified as impaired and a Total Maximum Daily Load (TMDL) and an implementation plan are required. "States by the Federal Clean Water Act are required to have water quality standards," O'Grady said. "When they're not meeting water quality standards, the state has to identify why they are not and what is causing the water not to meet [standards]." He said chloride is a pollutant that can cause impairment and that the ANR expects the certification program to be used both to address existing impairments and to prevent new ones.

The bill would direct ANR, after consulting with the Agency of Transportation (AOT) and other stakeholders, to adopt best management practices (BMPs) by rule and to offer voluntary training and certification to commercial salt applicators. Certified applicators would receive a two-year certificate and must submit annual summaries of winter salt use. The statute in the bill would limit civil liability for certified commercial applicators and for owners or lessees of property maintained by certified applicators for harms caused solely by snow or ice or by…