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Committee reviews S.29 changes on salt‑storage covers, monitoring and small‑town grant priorities
Summary
Bill drafters and committee counsel discussed amendments to S.29 requiring covered storage for salt and salt‑sand mixtures near water, adding exclusions to a rebuttable presumption for TMDLs and MS4 permits, and prioritizing grant funds for small municipalities to build covered salt sheds.
Committee counsel reviewed a new draft of S.29 on Feb. 19 that would tighten storm‑water and salt‑storage rules, set timelines for covering salt piles near water, and add new grant‑priority language for small towns.
What the draft changes do
- Rebuttable presumption carve‑out: Counsel added language clarifying that the bill’s "rebuttable presumption" for commercial salt applicators does not override requirements in total maximum daily load (TMDL) plans or MS4 stormwater permits. Counsel noted the change was meant to prevent an argument that compliance with best‑management practices alone would relieve parties of obligations under a TMDL or the MS4 permitting framework.
- Timelines and coverage requirements: New language would require state, municipal and private facilities that store salt or salt‑and‑sand mixtures and that are within 100 yards of a surface‑water drinking source to be covered by 2030. Other facilities storing salt and sand mixtures would be required to have covers in place by 2035. The draft also distinguishes storage of sand only (without salt), with separate containment or runoff‑control deadlines.
- Small‑town grant prioritization: The bill would direct the secretary to identify funding sources and grants and allow priority grant awards to municipalities of fewer than 1,200 residents to help build covered storage facilities.
- Monitoring and reporting: Counsel confirmed monitoring and reporting requirements remain tied to the statute’s existing monitoring triggers for surface‑water discharges exceeding chronic or acute EPA standards and are not removed by the draft.
Municipal outreach and education
Committee members asked about public education and engagement. Counsel and witnesses suggested looking at existing MS4 regional education programs that already do targeted outreach on chloride reduction, and committee staff said they would follow up with the Agency of Natural Resources for suggestions.
Data collection scope
A representative asked whether transportation infrastructure and construction‑related salt application should be included in salt‑use reporting. Counsel agreed the committee should clarify definitions to capture those uses so baseline reporting includes all relevant salt sources.
Ending
Committee counsel said the draft incorporates several stakeholder suggestions and that lawmakers may continue to refine deadlines and eligibility for grants. Members asked staff to follow up with Agency of Natural Resources staff and municipal groups for additional implementation input.
