House Transportation reviews H.86: voluntary salt-certification program, limited liability and inventory of salt sheds

The House Committee on Transportation on April 27 heard an overview of H.86, a bill that would create a voluntary Chloride Contamination Reduction Program that pairs training in best management practices (BMPs) with a limited-liability shield for trained applicators and an inventory of public salt-storage sites.

"This program is intended to help reduce the amount of chloride in waters while maintaining safety for winter travel and pedestrians," Michael Grady of Legislative Council told the committee during the presentation, summarizing the bill's stated goal.

Why it matters: the federal Clean Water Act requires states to identify waters that fail to meet water-quality standards and to develop Total Maximum Daily Load (TMDL) plans to bring them back into compliance. ANR (Agency of Natural Resources) and AOT (Agency of Transportation) staff told the committee the state has already listed several water segments as impaired for chloride — the Sunnyside Brook area in Colchester was discussed at length — and legislators and advocates worry impairments could expand without new preventive measures.

What the bill would do: H.86 would create a voluntary certification program for commercial salt applicators and add municipal applicators to training through AOT's Vermont Local Roads Curriculum. Participants who complete the required training and follow adopted BMPs would receive a certificate — commercial certifications would last two years, while municipal applicators would need to recertify annually — and, if they meet the statute's recordkeeping and BMP requirements, would be eligible for a limitation on civil liability for damages caused solely by snow or ice.

Key program details discussed by presenters and witnesses: - Voluntary participation: private commercial applicators may enroll voluntarily. Municipal road crews may participate via the Vermont Local Roads Curriculum. Committee testimony repeatedly emphasized the program is voluntary; any future mandatory regulatory approach would require new legislation. - Limited liability: the bill would grant a qualified, trained applicator (or the owner/lessee of property served by a certified applicator) a limitation on civil liability for harms caused solely by snow or ice, provided the applicator complied with the adopted BMPs and kept required records. The liability shield does not apply in cases of gross negligence or reckless disregard, and it does not create a blanket immunity for all water-quality claims (for example, claims tied to a TMDL or MS4 permit would not get a rebuttable presumption under the bill). - Recordkeeping and certification: certified applicators must keep records of application type and rates, dates, weather conditions and other details for three years. ANR would adopt BMPs by rule and create model record forms. Master applicators (commercial firms with multiple employees) can train employees and submit annual summaries of winter salt usage. - Municipal inclusion: the bill adds municipal applicators into the program via AOT's Local Roads Curriculum. The committee heard that municipal participation is voluntary and, per existing federal fund constraints discussed at the hearing, no fee will be charged to municipalities for taking the training.

Appropriations and implementation: H.86 contains a one-time appropriation request and implementation language. The draft shown to the committee included a request of $150,000 for an ANR staff position to run the program and $250,000 to contract for program development or a third-party vendor if needed. Committee discussion also referenced a $100,000 estimated cost component that ANR used in planning materials. The bill text as discussed would require any certification fee structure to be approved by the General Assembly before it is used to fund the program.

Salt-storage inventory and funding estimate: H.86 would require ANR to inventory state and municipal salt-storage facilities (not private) and to classify them — covered or uncovered and within or beyond a 100-yard proximity threshold to waters — then estimate funding needed to move or cover facilities that pose a water-quality risk. Committee members pressed on the significance of the 100-yard threshold; presenters described it as a proximity rule-of-thumb intended to prioritize sites likely to contribute runoff quickly to surface waters, while noting chloride can reach groundwater and surface waters at greater distances depending on site conditions.

TMDLs and local examples: presenters reminded the committee that TMDLs (Total Maximum Daily Load plans) already exist for several waters. Sunnyside Brook in Colchester was discussed as an area where ANR has identified chloride impairment; presenters said roughly 70% of the attributed chloride load in that watershed was linked to private impervious surfaces (driveways, parking lots, private property), a fact committee members used to underline the program's focus on private applicators as well as municipal crews.

Concerns and committee response: some committee members and witnesses asked whether a voluntary program could eventually become mandatory if it failed to reduce impairments; Legislative Council and agency witnesses said that any move to a mandatory regulatory program would require a different, more comprehensive permitting and rulemaking structure and likely additional legislative authority. The committee heard that ANR could, in principle, use the EPA's residual designation authority if the state did not make sufficient progress under voluntary measures, but participants said that would be a distinct and more aggressive regulatory path.

Witnesses and committee members also emphasized practical points: Jeremy Note of the Transportation Maintenance Commission clarified, "There's no fee to municipalities who take that training and there will not be a fee when this gets implemented," underscoring that municipal participation is intended to remain without fee. Representative Kate Lally, who represents a lakeside community, told the committee, "I really appreciate this," and said she supports steps to reduce chloride impacts on lakes.

What's next: presenters said ANR will work with AOT to develop BMPs and that ANR will adopt those practices by rule (a process that includes public comment and LCAR/legislative review). The committee did not take a vote on H.86 during the hearing; members indicated they may ask for additional follow-up from ANR and AOT on BMP content, municipal outreach, and the draft cost estimates for covering or moving municipal salt-storage facilities.

Ending: The committee recessed after the presentation and questions. Committee members said they would consider whether follow-up hearings are needed to review ANR's proposed BMPs and the results of the salt-shed inventory before deciding whether to move forward on an endorsement or further action.