Senators review voluntary program to limit road salt, require covered storage and offer limited liability

On Feb. 18 the Senate Transportation committee heard from Sen. Anne Watson, chair of the Senate Natural Resources and Energy Committee, on a proposal (referred to in testimony as X29) to reduce chloride pollution from road- and property‑deicing. The bill would create a voluntary training, certification and record‑keeping program for municipal and commercial salt applicators and set deadlines for covering salt storage facilities.

Supporters said rising chloride levels in lakes and streams are harming aquatic life and that a program modeled on New Hampshire’s would reduce unnecessary salting while protecting certified applicators and property owners from most slip‑and‑fall suits. "We call it a salt bill," Sen. Anne Watson said while introducing the measure and described the program as a way to teach "best practices for salt application" and to build a baseline for state salt imports and applications.

The bill, as explained to the committee, would direct the Agency of Natural Resources (ANR) to establish a "chloride contamination reduction program" that would: develop best management practices (BMPs); offer certification (including a "master" applicator train‑the‑trainer option); require record keeping of applications, weather and equipment; estimate statewide salt imports and application baselines for 2015–2025; and report annually to the Legislature. ANR may run the program in‑house, contract with a third party, or use a hybrid approach. ANR is to consult with the Agency of Transportation (AOT) and with programs in other states.

The bill excludes state employees/AOT salt application from the voluntary certification because, as testimony noted, AOT already follows BMPs and stormwater permit (MS4/industrial) requirements. Municipal and private commercial applicators would be the primary participants.

A notable element is a limited liability protection for certified applicators and for owners, occupants or lessees of property where certified application occurs. Testimony described a New Hampshire case in which a commercial applicator produced thorough records and telemetry showing it followed BMPs; the applicator was shielded from liability. Under the bill, immunity would not apply where a plaintiff proves gross negligence or reckless disregard. The bill also creates a rebuttable presumption that certified applicators complied with water quality requirements when following the BMPs; MS4 stormwater obligations remain in force.

The draft requires covered storage for salt piles and facilities mapped in ANR’s Natural Resources Atlas and sets deadlines: storage facilities within 100 yards of surface water or a drinking water source must be covered by 2030; other storage facilities must be covered by 2035. The bill would require ANR to identify potential grant or funding sources to help pay for covers but does not mandate available funding or set statutory priority rules for grant distribution.

Committee members and witnesses raised persistent concerns about the cost and equity of those deadlines for very small towns. Members noted Elmore — a small town that only recently built a salt‑shed — and asked that ANR prioritize small municipalities when identifying funding. "It took Elmore 15 years to scrape together money to cover their salt shed," a committee member told the sponsor.

Representatives of the Vermont League of Cities and Towns and the VLCT insurance pool supported the overall goals but urged caution. Samantha Sheehan of the League said municipalities broadly "are aligned with efforts to reduce the environmental impacts and expenses from spreading salt," while stressing the need for implementation support, funding and clarity on liability. League witnesses urged that, if the bill proceeds, legislators consider a companion change (House bill H.138 was cited in testimony) to provide municipalities a broader, statutory monetary cap on liability; League witnesses argued such a change would protect towns and taxpayers and reduce risk‑averse cutbacks in local services.

Witnesses also described potential market effects: property owners and insurers might require certified applicators, which could effectively make certification a de facto requirement for some contractors. Committee members asked whether small commercial applicators that serve multiple small towns could be disadvantaged, and whether towns that rely on one regional bidder would lose service if that contractor did not certify.

Other technical elements discussed include: ANR record‑retention requirements (three years); annual re‑certification and testing requirements for applicators; provisions for revocation of certification after notice and hearing if an applicator fails to comply; a requirement to estimate baseline salt use (2015–2025) and set reduction targets; and a monitoring change that would require monitoring at the point where a pollutant first enters a water body rather than at a downstream mixing zone in certain acute exceedance cases.

Timing and funding items described in testimony include: ANR to report proposed BMPs by 11/01/2026 and have initial procedures in place 01/01/2027; ANR to submit a proposed certification fee and implementation approach by 01/15/2026; an authorized permanent classified position (Class 5) in FY2026 and an initial appropriation of $25,000 to support start‑up were mentioned in the draft. The sponsor said ANR will identify funds that "may be" available to grant for shed covers; the bill language does not guarantee grants.

AOT representatives were not on the first panel but the sponsor said the agency has been consulted and that state operations are exempted from the bill’s certification requirements because AOT already has BMPs and stormwater permitting in place. Sponsor testimony also noted existing salt‑related TMDLs: "We do have one salt TMDL in the state — in Colchester, associated with Sunnyside Brook," Watson said, as an example of waters already regulated for chloride.

The committee reserved further questions about funding, the scope of covered facilities, the precise scope of applicability for sand‑salt mixes, and whether ANR should measure at points of discharge rather than at downstream mixing zones. Lawmakers said they will invite ANR, AOT and New Hampshire program staff back for more technical briefings and to discuss options for prioritizing assistance to small towns.

No formal committee vote was recorded during this hearing; the bill was the subject of discussion and testimony and will return for additional briefings.