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Rep. Bouton offers amendment to extend municipal protections as House debates chloride bill
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Summary
Representative Bouton introduced a floor amendment to Senate Bill 218, seeking to give municipalities liability protections when they opt into salt-reduction certification; colleagues urged more committee vetting, citing tort-law and insurance concerns and potential risks to injured Vermonters.
Representative Bouton offered a printed amendment to Senate Bill 218, which seeks to reduce chloride contamination of state waters, arguing the bill's existing "affirmative defense" for municipalities is insufficient. "That protection is inadequate," Bouton said, adding he worked with the Vermont League of Cities and Towns (VLCT) to draft language that would extend protections "that are allowed given to the state of Vermont" to municipalities that opt into a certification program.
Bouton told the House the amendment would allow municipalities that implement best management practices and training around salt reduction to limit liability. "Working with VLCT, I have drafted an amendment that would provide protections ' to apply to the municipality," he said, arguing the change is intended to let towns pursue salt-reduction goals without exposing them to unchecked legal risk.
Members on the floor raised sharp concerns. The member from South Burlington, whose committee found the amendment unfavorable, said the proposal touches complex tort and insurance law and "is not the kind of bill or the kind of amendment we should be looking at as a floor amendment." The member warned the change could leave an injured Vermonter without adequate compensation while offering no clear, demonstrated savings for municipalities: "On the one hand, we have the potential for a Vermonter ' being seriously injured and not being able to get the compensation that they deserve. On the other hand, we have no evidence that there would be any savings through this amendment."
The House environment member from East Montpelier, summarizing that committee's review, said municipalities already are taking training and reducing salt use without liability protections but noted the amendment would support municipalities choosing to opt into a certification program with best management practices and an affirmative defense. The member said the environment committee voted to find the amendment unfavorable on a 10-0 vote.
The amendment was printed in the day's calendar prior to third reading of SB218; no final floor vote on the amendment was recorded in the transcript. After discussion, leadership announced caucusing and the House recessed.
The matter remains at the committee/amendment stage ahead of SB218's further consideration; the transcript records debate and committee recommendations but does not record a floor vote on Bouton's amendment.
