House Appropriations Committee votes to advance bill creating voluntary chloride-reduction program, but full implementation awaits funding

The House Appropriations Committee on April 8 advanced S.218, a bill that would create a voluntary chloride contamination reduction program at the Agency of Natural Resources (ANR) and require ANR to report on municipal and state salt and sand storage facilities.

The legislation would direct ANR to adopt best management practices (BMPs) and offer voluntary training and certification for commercial salt applicators and a master-certification option for businesses. Certified applicators would submit annual summaries of winter salt use and keep records required by ANR. The bill also provides an affirmative defense in certain lawsuits for applicators who can show they implemented the BMPs and maintained the required records, while preserving plaintiffs’ access to courts.

The measure matters because Vermont must identify impaired waters and, when impairments exist, develop Total Maximum Daily Loads (TMDLs) under federal and state water-quality law. Mike Grama of Legislative Council told the committee that chloride is an increasing water-quality stressor in Vermont, with nine waters currently listed as impaired largely in Chittenden County, and that ANR is moving to adopt TMDLs for those waters.

James from the fiscal office told the committee a key implementation point: section 6 makes most of the program contingent on a general-fund appropriation. "The agency of natural resources has estimated that a $350,000 appropriation would be necessary to implement the program as currently contemplated in the bill," he said, and ANR and the Agency of Transportation (AOT) each estimated about $350,000 for program setup and a classified position. "Overall, you're looking at a potential cost ... of $700,000 for implementation of the program," he said.

Senator Anne Watson, one of the bill sponsors, said the proposal was brought to lawmakers by environmental advocates and ANR staff and is modeled in part on a New Hampshire program. "This was brought to us by some advocates who were aware of the program in New Hampshire and thought that we could potentially use a similar program in Vermont," Watson said, adding she compiled additional data on chloride increases and thresholds to share with the committee.

Committee members pressed a range of questions. One member expressed concern about the scientific baseline and whether natural sources of chloride and co-occurring sand — which can harm trout spawning substrate — have been adequately surveyed. "It doesn't give me a good feeling, a feeling of lack of completeness in the planning process," the committee member said, while also saying they would support the bill but want more due diligence from ANR.

Sponsors and supporters said the program is voluntary, would provide an incentive for applicators to use less salt and adopt better practices, and could reduce the number of future TMDLs. Representatives noted New Hampshire’s program grew from a few dozen certified applicators to roughly 700 applicators across many companies over about a decade and that similar liability protections have been tested in court there.

ANR would also be required — without additional appropriation — to produce a report by Jan. 15, 2027, consolidating an inventory of salt and sand storage facilities, estimating how many are covered or within 100 yards of surface waters, and producing a cost estimate to cover or relocate at-risk facilities.

The committee took a roll call on April 8. Several representatives voted yes to recommend the bill out of committee, and one member recorded a no; the chair directed the clerk to transmit the committee’s recommendation to the floor. Because significant implementation elements are contingent on future appropriations, committee members and fiscal staff recommended that the committee hear direct testimony from ANR and AOT on their cost estimates and how the agencies would administer training and certification before finalizing funding decisions.

The committee’s action advances the bill to the floor, but most program features (training, certification, municipal program through AOT, and any certification fees) would not take effect until the General Assembly approves an appropriation and any proposed fees are reviewed by the relevant committees and the legislature.

The committee adjourned after the vote and scheduled additional briefings and meetings related to other pending legislation.