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OLR Bill Analysis
sSB 1031
AN ACT CONCERNING THE USE OF SODIUM CHLORIDE TO
MITIGATE ICE AND SNOW ACCUMULATIONS.
SUMMARY
This bill requires the Department of Energy and Environmental
Protection (DEEP) and Department of Transportation (DOT)
commissioners to work with UConn’s Tech Transfer (T2) Center to
conduct training for roadside salt applicators that relies on existing
municipal guidelines. It requires the commissioners, within one year
after implementing the training program, to report to the Environment
and Transportation committees on it. The report must include any
legislative recommendations to reduce the effect of sodium chloride on
private wells and public drinking water supplies (§ 1).
The bill also establishes a salt applicator certification program
within DEEP, which the commissioner must administer and enforce
within available resources. It requires the commissioner to adopt
implementing regulations (§ 2). The bill generally exempts a
commercial applicator that completes the certification program, and an
owner, operator, or lessee of property maintained by the applicator,
from liability for damages related to the property maintenance if the
applicator used DEEP’s and DOT’s published best practices and kept
certain records (§ 3).
Additionally, the bill requires each local health district, by January
1, 2022, to establish an electronic reporting system for owners of homes
and wells damaged by sodium chloride run-off. Health districts must
report the information annually to the Office of Policy and
Management (OPM), which may (1) identify available financial
resources to help the owners with remediation, mitigation, or repair
and (2) establish criteria and procedures for issuing financial assistance
(§ 4). 2021SB-01031-R000458-BA.DOCX
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Lastly, the bill requires any person who installs residential water
treatment systems, including automatic water softeners or tanks, to
test a customer’s drinking water for sodium and chloride before
recommending installation of an automatic water softener or tank. A
registered environmental laboratory must perform the testing (§ 5).
EFFECTIVE DATE: Upon passage, except for the provisions
requiring DEEP and DOT to work with UConn’s T2 Center on a salt
applicator training program, which are effective October 1, 2021.
§ 1 — SALT APPLICATOR TRAINING PROGRAM
The bill requires DEEP and DOT to work with UConn’s T2 Center to
conduct training for state, municipal, and private roadside applicators
that relies on the “Green Snow Pro: Sustainable Winter Operations”
guide for municipalities. The program must include instruction on
each topic contained in the guide. Under the bill, either DEEP and
DOT personnel or UConn’s T2 Center personnel must provide the
training. They must hold at least one training session in each county.
The bill also requires DEEP and DOT to provide information about
the training to the regional councils of government. They must report
to the Environment and Transportation committees within one year
after the program begins on (1) how many applicators received the
training, (2) goals for the program’s future, and (3) recommendations
for proposed legislation to reduce the effects of sodium chloride on
private wells and public drinking water supplies.
§ 2 — SALT APPLICATOR CERT IFICATION PROGRAM
The bill allows commercial applicators to apply for DEEP
certification annually. Under the bill, a “commercial applicator” is
anyone who applies, or supervises people applying, salt or salt
alternatives on roadways, parking lots, or sidewalks for winter
maintenance. It excludes municipal, state, and state political
subdivision employees.
The bill requires the DEEP commissioner to administer and enforce
the certification program within available resources. 2021SB-01031-R000458-BA.DOCX
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Master Certificate
Under the bill, a business that employs multiple commercial
applicators may obtain a master certificate for its owner or chief
supervisor, and applicators employed by the business may obtain
certificates to qualify under the master certificate. A business holding a
master certificate must (1) ensure that all applicators operating under it
receive required training and (2) keep records on behalf of all its
applicators.
Any annual fee DEEP establishes for an applicator’s certificate to
qualify under a master certificate must cost significantly less than the
fee for the master certificate. The established fees must cover the costs
of providing training.
Application Form
The bill requires the DEEP commissioner to develop the certification
application form, which must include the following information:
1. the applicant’s name and address;
2. the name and address for a Connecticut-domiciled person who
is authorized to accept legal service and notices on the
applicant’s behalf;
3. the type of apparatus used to apply salt or salt alternative,
whether liquid or dry; and
4. any other information the commissioner deems necessary.
Regulations Required
The bill also requires the commissioner to adopt implementing
regulations, which must, at a minimum, include provisions to:
1. establish policies and goals for applying salt,
2. receive and allocate federal grants and other funds or gifts to
carry out the program,
3. provide the types and frequency of training programs required 2021SB-01031-R000458-BA.DOCX
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for certification,
4. establish commercial applicator certification procedures,
5. establish recordkeeping requirements for applicators to
maintain certification, and
6. establish and collect fees to cover program costs.
Violations and Certification Revocation
The bill authorizes the commissioner to issue orders, including
cease and desist orders, to anyone who violates the bill’s salt applicator
certification program provisions or regulations. Orders are effective
immediately upon issuance. The commissioner may revoke a violator’s
certification after notice and hearing pursuant to the state’s Uniform
Administrative Procedures Act.
Salt Application Account
The bill establishes a separate, non-lapsing salt application account,
which the DEEP commissioner must use to administer the salt
applicator certification program. The commissioner must deposit with
the treasurer the fees she collects under the program. The treasurer
must credit the fees to the account and may invest them as allowed by
law. Any investment interest must be credited to the salt application
account.
The bill prohibits the General Fund from being used for the salt
applicator certification program.
§ 3 — CERTIFIED APPLICATOR LIABILITY PROTECTION
The bill exempts a DEEP-certified commercial applicator, and any
owner, occupant, or lessee of land maintained by the certified
applicator, from liability for damages arising from an insufficiency or
hazard on the property if (1) the damages were caused solely by snow
and ice and (2) they had implemented DEEP’s and DOT’s published
best practices for winter road, parking lot, and sidewalk maintenance.
It does not exempt liability for damages caused by gross negligence 2021SB-01031-R000458-BA.DOCX
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or reckless disregard by the applicator, owner, occupant, or lessee. An
applicator, owner, occupant, or lessee is presumed to be acting
pursuant to the best practices in the absence of proof to the contrary.
To qualify for this liability protection, the applicator, owner,
occupant, or lessee must keep a written record of their winter road,
parking lot, and sidewalk maintenance practices. The written record
must include (1) the type and rate of application of de-icing materials
used, (2) treatment dates, and (3) weather conditions for each event
requiring de-icing. Records must be kept for three years.
§ 4 — LOCAL HEALTH DISTRIC T REPORTING SYSTEM
The bill requires each local health district, by January 1, 2022, to
establish an electronic reporting system for owners of homes and wells
damaged by sodium chloride run-off to report the damage.
Beginning by January 1, 2023, each local health department must
annually submit the reports recorded during the prior calendar year to
OPM. The OPM secretary may (1) identify available state or federal
financial resources to help the owners with remediation, mitigation, or
repair of the damaged homes or wells and (2) establish criteria and
procedures for issuing financial assistance to the owners.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 31 Nay 1 (03/29/2021)