Committee reviews voluntary chloride‑reduction program: certification, BMPs and an affirmative defense for certified applicators
Summary
Legislative staff outlined a voluntary chloride-contamination reduction program that would create best management practices, certify commercial and municipal applicators, require recordkeeping and reporting, and provide an affirmative defense for certified applicators and municipalities that follow BMPs (excluding gross negligence). Implementation would be contingent on appropriation.
Legislative Council presented a bill to establish a voluntary chloride-contamination reduction program focused on winter deicing solids (salts and alternatives), certification of commercial and municipal applicators, and education and monitoring to reduce water-quality impacts that can lead to TMDLs.
"This is not a mandatory program. This is a program for voluntary education training," the legislative walkthrough said, describing a framework of best management practices (BMPs), training and certification for commercial salt applicators, and recordkeeping and reporting requirements intended to reduce chloride loadings.
Certified commercial applicators would report total winter salt usage annually and keep records of training, dates of use, application rates and weather conditions. The bill would create an affirmative defense for a certified commercial applicator, or for a municipal applicator who completed required training, against civil claims for damages resulting from snow or ice hazards where the applicator applied BMPs; the defense would not apply in cases of gross negligence or reckless disregard.
Other provisions direct ANR to inventory covered and uncovered salt storage facilities, estimate costs to cover or relocate facilities near surface or drinking-water sources, and solicit third-party vendors for training. The statute as presented conditions implementation of major program elements on receipt of appropriations, and staff said municipalities seeking broader liability protection may continue to press for additional measures in testimony.
Next steps: Committee expects narrow testimony due to prior hearings, but invited municipal, applicator, and ANR comment on cost estimates, recordkeeping burdens, and whether to include salt alternatives in reporting.
