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 delays in mitigation that result from application of the certified BMPs, except when damages result from gross negligence or reckless disregard. "If you complete this program and you're certified, you can't be sued just on negligence. They have to show gross negligence or reckless disregard," O'Grady said.

The draft also creates a municipal track: municipal applicators may take the Vermont Local Roads curriculum (modified to include the BMPs) and, if trained annually, would receive analogous liability protection beginning July 1, 2027. The bill expressly excludes state employees from the commercial-applicator definition because state roadway salt management is already covered under AOT permits, and it preserves MS4 and TMDL obligations such that a certification does not shield an applicator from rules required by those permits.

Committee members discussed technical and policy concerns raised during earlier hearings. O'Grady said witnesses and the Environment Committee heard strong interest from private commercial applicators and cited out-of-state precedents (New Hampshire's Green Snow Pro and programs in Wisconsin, Minnesota, Colorado, Illinois, Maryland and Canada) where participants reported reduced salt purchases over time. He also acknowledged opponents' concerns: "The Association for Justice ... basically say it removes a remedy for those persons who are harmed," but O'Grady emphasized that certification does not bar litigation and plaintiffs may still prevail by proving gross negligence or reckless disregard.

Members asked about the data supporting private application as a major source of chloride. O'Grady said that in some watersheds such as Sunnyside Brook, private application was estimated to contribute roughly 60 to 70 percent of the chloride load, while road and municipal sources were a smaller share. He also noted that EPA must approve a TMDL implementation plan and that ANR has not yet received EPA approval for a Sunnyside Brook plan, adding uncertainty about whether a voluntary program alone will satisfy federal requirements.

The bill originally authorized a classified ANR position in FY2026 and a total FY2026 appropriation of $400,000 (about $150,000 for the position and $250,000 for contracts). The committee considered a Ways and Means amendment that would require the General Assembly to approve any fee for certification. The Appropriations Committee adopted a committee amendment to strike the authorization and $400,000 appropriation and to make ANR's duty to implement the program, run a storage-facility report, and administer municipal training contingent on a future appropriation. Committee members were told the amendment supersedes the Ways and Means insertion removing the phrase "up to" from the appropriation language.

After debate about municipal liability and about whether the League of Cities and Towns supports the updated municipal protections, the committee took roll-call votes. Committee members voted to approve the amendment removing the appropriation and later to recommend approval of the Environment Committee report as amended; the chair announced the committee vote totals as "7-3-1." The committee record shows a motion to move the amendment was offered by a member identified as Dave; the clerk taking the roll was identified as Trevor.

Members who spoke cautioned that implementation details will matter: the bill requires ANR to adopt BMPs by rule, set recordkeeping standards (records retained for three years), create model record forms for applicators without GPS/electronic equipment, and develop methods to estimate and track salt applied by commercial applicators. Committee discussion noted concerns that some applicators cannot afford advanced GPS/automatic-recording equipment and that sand used as an alternative can cause different environmental harm to stream gravels if used in excess. O'Grady said the rulemaking process will be the venue for refining technical BMPs and responding to scientific input.

The committee chair and staff said the measure could still move next to the Senate, where similar hearings have taken place; members were told the bill could be taken up in the Senate this year or early next session but that implementation is contingent on appropriation and on the development of TMDL implementation plans where required. The committee kept the bill alive with the funding removed and advised members to consult local road crews and municipal managers before floor debate.

What the committee decided on April 30 is a recommendation, not final law. The bill's future depends on subsequent floor action, any conference committee work, and whether the General Assembly provides funding or alters liability language or program requirements in later sessions.