Committee amends salt-reduction bill; agrees to cover or move near-water salt storage, clarifies municipal training and liability

The Senate Committee on Natural Resources & Energy on March 12 amended S.29, a bill to reduce chloride contamination from road salt, agreeing to remove municipal salt applicators from the state certification program, add session-law language directing local roads training for municipal applicators, and require storage near water be covered or moved.

The committee’s amendment keeps municipal applicators out of the new statewide certification program and directs the Agency of Natural Resources (ANR) and the Agency of Transportation (AOT) to coordinate training through the established local roads curriculum. Committee members also inserted language that storage of salt or salt–sand mixtures located within 100 yards of surface water must be “covered and managed to contain runoff or moved further than 100 yards,” and that all facilities would need to comply with cover requirements by 2035. The committee added a narrowly‑worded municipal liability protection tied to completion of the local roads curriculum and best management practices training, with an exception for gross negligence.

Why it matters: the bill aims to reduce chloride entering surface waters and groundwater, but committee members and agency witnesses pressed for language that recognizes existing municipal training programs and for funding and technical help so municipalities are not left with unfunded mandates. The changes shift some responsibilities into session law and agency coordination rather than embedding all municipal requirements in the statute.

Key provisions and debate

Draft changes: Committee staff walked members through a new draft that (a) deleted municipal applicators from the statute’s certification program and moved municipal training into session law to be carried out through the Vermont Local Roads curriculum coordinated by ANR and AOT; (b) removed language that had required ANR to set numeric “salt production targets;” (c) struck a previously required annual reporting provision at the agency’s request; and (d) clarified record keeping and cross‑references to water quality programs such as TMDL and MS4 requirements.

Liability and municipal sovereign immunity: committee members discussed 24 V.S.A. § 901(a) (municipal representation in tort suits) and added language intended to shield municipal employees who complete the local roads curriculum from civil liability for ordinary snow‑and‑ice response decisions, except in cases of gross negligence. The chair asked staff to draft a gross‑negligence exception to the liability shield.

Shed covers, timing and funding: members debated cover requirements for salt and salt/sand mixtures stored within 100 yards of surface water, and whether the statute should require relocation where moving is feasible. The committee proposed the option that such storage be either (1) covered and managed to contain runoff, or (2) moved further than 100 yards from the water. Members noted ANR and AOT testimony that municipalities need an assessment and a prioritized funding plan before any mandatory coverage deadline is imposed. A transportation representative said their initial analysis identified about 20 storage sheds near surface water that need confirmation; committee members asked for a formal report back on scope and costs before the Legislature imposes an unfunded mandate. The draft includes dates for phased compliance and a committee amendment retains a requirement that all facilities be covered by 2035.

Appropriations and staffing: the draft increases the requested classified position from $125,000 to $150,000 and includes a request (discussed but not finally fixed by the committee) for $250,000 for contracting with an external organization to establish a certification/training program. Committee members signaled that appropriations and the timing of contracting will be reviewed in Appropriations.

Votes: the committee moved to amend draft version 4.4 with the discussed changes and then to recommend passage of S.29 (version 4.4 as amended). Members recorded affirmative votes during the meeting (see action records below). The committee paused for a short break after the votes.

What the bill does not do (as amended in committee)

- It removes municipal salt applicators from the statewide certification program and places municipal applicator training in session law to be implemented through the local roads curriculum run by ANR/AOT. - It removes the statutory requirement that ANR set salt production targets in the statute; the target language was deleted from the bill draft. - It deletes a previously drafted annual reporting requirement at the agency’s request; some record‑keeping requirements remain.

What remains unresolved

Committee members flagged outstanding items for amendment or committee direction: (1) a targeted fiscal estimate or cost report for covering or relocating municipal storage sheds; (2) whether to require municipalities to move storage rather than cover it in certain cases; (3) final language on the gross‑negligence exception to the municipal liability carveout; and (4) the precise appropriation amounts and timing for establishing the non‑statutory training/certification functions.

Meeting context and next steps

Committee staff said the bill will go to Appropriations for review of funding requests. Members also discussed holding follow‑up hearings with transportation and municipal representatives to refine the prioritization and funding approach; staff will draft the liability language on gross negligence and the revised cover/move language. The committee adopted the amended draft to be recommended to the floor.

Ending note: committee members emphasized they want a funding plan and a better inventory of at‑risk storage facilities before imposing mandatory coverage deadlines, and instructed staff and agencies to return with more specific cost and scope data.