Connecticut 2021 Regular Session

Connecticut Senate Bill SB01031 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 1031
	5	+	General Assembly Raised Bill No. 1031
8	6		January Session, 2021
	7	+	LCO No. 4475
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	10	+	Referred to Committee on ENVIRONMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ENV)
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14	19		AN ACT CONCERNING TH E USE OF SODIUM CHLO RIDE TO
15	20		MITIGATE ICE AND SNOW ACCUMULATIONS.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. (NEW) (Effective October 1, 2021) The Commissioners of 1
20	25		Energy and Environmental Protection and Transportation shall jointly 2
21	26		work with The University of Connecticut's Tech Transfer Center to 3
22	27		conduct a training program for state, municipal and private roadside 4
23	28		applicators that relies on the Connecticut Best Management Practices 5
24	29		"Green Snow Pro: Sustainable Winter Operations" guide for 6
25	30		municipalities. Such training program shall include, but not be limited 7
26	31		to, instruction on each topic contained in such guide and the provision 8
27	32		of additional information resources for each topic. Such training shall be 9
28	33		provided by personnel of the Departments of Energy and 10
29	34		Environmental Protection and Transportation or The University of 11
30	35		Connecticut's Tech Transfer Center and shall consist of not less than one 12
31	36		training session conducted in each county of the state. Information 13
32	37		concerning such training shall be provided by said agencies to each 14
33	38		regional council of governments. Not later than one year following the 15
34		-	implementation of such training program and pursuant to section 11-4a 16
	39	+	implementation of such training program and pursuant to section 11-4a 16 Raised Bill No. 1031
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35	45		of the general statutes, said commissioners shall jointly submit a report 17
36	46		to the joint standing committees of the General Assembly having 18
37		-	cognizance of matters relating to the environment and transportation on 19 Substitute Bill No. 1031
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	47	+	cognizance of matters relating to the environment and transportation on 19
44	48		how many state, municipal and private applicators have received 20
45	49		training pursuant to such program, any goals for the future of such 21
46	50		program and any recommendations concerning proposed legislation to 22
47	51		reduce the effects of sodium chloride on private wells and public 23
48	52		drinking water supplies. 24
49	53		Sec. 2. (NEW) (Effective from passage) (a) For the purposes of this 25
50	54		section and section 3 of this act: 26
51	55		(1) "Apply salt" means to apply salt or a salt alternative to roadways, 27
52	56		parking lots or sidewalks for the purpose of winter maintenance; 28
53	57		(2) "Commercial applicator" means any individual who applies or 29
54	58		supervises other persons who apply salt, except any municipal or state 30
55		-	employee ~~or employee of a political subdivision of the state~~; 31
	59	+	employee; 31
56	60		(3) "Commissioner" means the Commissioner of Energy and 32
57	61		Environmental Protection; 33
58	62		(4) "Department" means the Department of Energy and 34
59	63		Environmental Protection; 35
60	64		(5) "Salt" means sodium chloride, calcium chloride, magnesium 36
61	65		chloride or any other substance containing chloride; and 37
62	66		(6) "Salt alternative" means any substance not containing chloride 38
63	67		that is used for the purpose of de-icing or anti-icing. 39
64	68		(b) Any commercial applicator may apply to be annually certified by 40
65	69		the department. Applicator certificates shall be issued by the 41
66	70		department provided any business that employs multiple commercial 42
67	71		applicators may obtain a master certificate for the owner or chief 43
68	72		supervisor, and commercial applicators employed by the business may 44
69	73		obtain certificates to qualify under such master certificate. Any business 45
70		-	that holds a master certificate shall ensure that all commercial 46
71		-	applicators operating under such master certificate receive the required 47
72		-	training and shall provide the required recordkeeping on behalf of all 48 Substitute Bill No. 1031
	74	+	that holds a master certificate shall ensure that all commercial 46 Raised Bill No. 1031
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79		-	commercial applicators. Any fees established by the commissioner 49
80		-	pursuant to this section for such certificates shall be sufficient to cover 50
81		-	all costs incurred from the provision of such training program. Any 51
82		-	annual fee established by the commissioner for certificates obtained 52
83		-	under a master certificate shall be significantly less than the fee for a 53
84		-	master certificate. 54
85		-	(c) Application for such certification shall be on a form prescribed by 55
86		-	the commissioner and shall include the following: (1) The full name and 56
87		-	address of the person applying for the certification; (2) the name and 57
88		-	address of a person whose domicile is in the state, and who is authorized 58
89		-	to receive and accept service of summons and legal notices of all kinds 59
90		-	for the applicant; (3) the type of apparatus used to apply salt or salt 60
91		-	alternative whether liquid or dry; and (4) any other information deemed 61
92		-	necessary by the commissioner. 62
93		-	(d) The commissioner shall administer and enforce the provisions of 63
94		-	this section within available resources. 64
95		-	(e) The commissioner may issue an order to any person who is in 65
96		-	violation of any provision of this section and any regulation adopted 66
97		-	pursuant to this section, including, but not limited to, an order to cease 67
98		-	and desist from any act in violation of such provision or regulation. Any 68
99		-	order issued by the commissioner pursuant to this subsection shall be 69
100		-	effective immediately. The commissioner, after notice and hearing, 70
101		-	pursuant to chapter 54 of the general statutes, may revoke the 71
102		-	certification of any person who violates any such provision or 72
103		-	regulation. 73
104		-	(f) There is established a separate, nonlapsing salt application 74
105		-	account. Such account shall contain any moneys required by law to be 75
106		-	deposited into said account. Such account shall be used by the 76
107		-	commissioner to administer the salt applicator certification program 77
108		-	established under this section. Certification fees collected by the 78
109		-	commissioner pursuant to this section shall be deposited with the state 79
110		-	Treasurer and be credited to such account and may be invested as 80 Substitute Bill No. 1031
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	80	+	applicators operating under such master certificate receive the required 47
	81	+	training and shall provide the required recordkeeping on behalf of all 48
	82	+	commercial applicators. Any annual fee established by the 49
	83	+	commissioner for certificates obtained under a master certificate shall be 50
	84	+	significantly less than the fee for a master certificate. 51
	85	+	(c) Application for such certification shall be on a form prescribed by 52
	86	+	the commissioner and shall include the following: (1) The full name and 53
	87	+	address of the person applying for the certification; (2) the name and 54
	88	+	address of a person whose domicile is in the state, and who is authorized 55
	89	+	to receive and accept service of summons and legal notices of all kinds 56
	90	+	for the applicant; (3) the type of apparatus used to apply salt or salt 57
	91	+	alternative whether liquid or dry; and (4) any other information deemed 58
	92	+	necessary by the commissioner. 59
	93	+	(d) The commissioner shall administer and enforce the provisions of 60
	94	+	this section within available resources. 61
	95	+	(e) The commissioner may issue an order to any person who is in 62
	96	+	violation of any provision of this section and any regulation adopted 63
	97	+	pursuant to this section, including, but not limited to, an order to cease 64
	98	+	and desist from any act in violation of such provision or regulation. Any 65
	99	+	order issued by the commissioner pursuant to this subsection shall be 66
	100	+	effective immediately. The commissioner, after notice and hearing, 67
	101	+	pursuant to chapter 54 of the general statutes, may revoke the 68
	102	+	certification of any person who violates any such provision or 69
	103	+	regulation. 70
	104	+	(f) There is established a separate, nonlapsing salt application 71
	105	+	account. Such account shall contain any moneys required by law to be 72
	106	+	deposited into said account. Such account shall be used by the 73
	107	+	commissioner to administer the salt applicator certification program 74
	108	+	established under this section. Certification fees collected by the 75
	109	+	commissioner pursuant to this section shall be deposited with the state 76
	110	+	Treasurer and be credited to such account and may be invested as 77
	111	+	provided by law. Interest received on any such investment shall also be 78 Raised Bill No. 1031
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117		-	provided by law. Interest received on any such investment shall also be 81
118		-	credited to such account. No funds from the General Fund shall be used 82
119		-	to cover the cost of the salt applicator certification program. 83
120		-	(g) The commissioner shall adopt regulations, in accordance with the 84
121		-	provisions of chapter 54 of the general statutes, to implement the 85
122		-	provisions of this section. Such regulations shall include, but are not 86
123		-	limited to, provisions to: (1) Establish policies and goals for applying 87
124		-	salt; (2) receive and allocate federal grants and other funds or gifts for 88
125		-	the purpose of carrying out any provision of this section; (3) provide for 89
126		-	the types and frequency of training programs required for certification; 90
127		-	(4) establish procedures for commercial applicators to obtain 91
128		-	certification; (5) recordkeeping required for commercial applicators to 92
129		-	maintain certification; and (6) provide for the establishment and 93
130		-	collection of fees to cover the cost of such program implementation. 94
131		-	Sec. 3. (NEW) (Effective from passage) (a) No commercial applicator, as 95
132		-	defined in section 2 of this act, who is certified in accordance with 96
133		-	section 2 of this act, and no owner, occupant or lessee of any land that is 97
134		-	maintained by a commercial applicator certified in accordance with 98
135		-	section 2 of this act, shall be liable for damages arising from 99
136		-	insufficiencies or hazards on any premises owned, occupied, 100
137		-	maintained or operated by such commercial applicator or owner, 101
138		-	occupant or lessee, even if such commercial applicator or owner, 102
139		-	occupant or lessee had actual notice of such insufficiency or hazard, 103
140		-	when such insufficiency or hazard is caused solely by snow or ice, and 104
141		-	the commercial applicator's, owner's, occupant's or lessee's failure or 105
142		-	delay in removing or mitigating such insufficiency or hazard is the 106
143		-	result of such commercial applicator's, owner's, occupant's or lessee's 107
144		-	implementation of best management practices for winter road, parking 108
145		-	lot and sidewalk maintenance adopted and published by the 109
146		-	Department of Transportation in conjunction with the Department of 110
147		-	Energy and Environmental Protection, except in the case of gross 111
148		-	negligence or reckless disregard of such insufficiency or hazard by such 112
149		-	commercial applicator, owner, occupant or lessee. Any commercial 113 Substitute Bill No. 1031
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	117	+	credited to such account. No funds from the General Fund shall be used 79
	118	+	to cover the cost of the salt applicator certification program. 80
	119	+	(g) The commissioner shall adopt regulations, in accordance with the 81
	120	+	provisions of chapter 54 of the general statutes, to implement the 82
	121	+	provisions of this section. Such regulations shall include, but are not 83
	122	+	limited to, provisions to: (1) Establish policies and goals for applying 84
	123	+	salt; (2) receive and allocate federal grants and other funds or gifts for 85
	124	+	the purpose of carrying out any provision of this section; (3) provide for 86
	125	+	the types and frequency of training programs required for certification; 87
	126	+	(4) establish procedures for commercial applicators to obtain 88
	127	+	certification; (5) recordkeeping required for commercial applicators to 89
	128	+	maintain certification; and (6) provide for the establishment and 90
	129	+	collection of fees to cover the cost of such program implementation. 91
	130	+	Sec. 3. (NEW) (Effective from passage) (a) No commercial applicator, as 92
	131	+	defined in section 2 of this act, who is certified in accordance with 93
	132	+	section 2 of this act, and no owner, occupant or lessee of any land that is 94
	133	+	maintained by a commercial applicator certified in accordance with 95
	134	+	section 2 of this act, shall be liable for damages arising from 96
	135	+	insufficiencies or hazards on any premises owned, occupied, 97
	136	+	maintained or operated by such commercial applicator or owner, 98
	137	+	occupant or lessee, even if such commercial applicator or owner, 99
	138	+	occupant or lessee had actual notice of such insufficiency or hazard, 100
	139	+	when such insufficiency or hazard is caused solely by snow or ice, and 101
	140	+	the commercial applicator's, owner's, occupant's or lessee's failure or 102
	141	+	delay in removing or mitigating such insufficiency or hazard is the 103
	142	+	result of such commercial applicator's, owner's, occupant's or lessee's 104
	143	+	implementation of best management practices for winter road, parking 105
	144	+	lot and sidewalk maintenance adopted and published by the 106
	145	+	Department of Transportation in conjunction with the Department of 107
	146	+	Energy and Environmental Protection, except in the case of gross 108
	147	+	negligence or reckless disregard of such insufficiency or hazard by such 109
	148	+	commercial applicator, owner, occupant or lessee. Any commercial 110
	149	+	applicator, owner, occupant or lessee who adopts such best 111
	150	+	management practices shall be presumed to be acting pursuant to the 112 Raised Bill No. 1031
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156		-	applicator, owner, occupant or lessee who adopts such best 114
157		-	management practices shall be presumed to be acting pursuant to the 115
158		-	best management practices in the absence of proof to the contrary. 116
159		-	(b) In order to receive the liability protection provided in subsection 117
160		-	(a) of this section, such commercial applicator, owner, occupant or lessee 118
161		-	shall keep a written record describing such commercial operator's, 119
162		-	owner's, occupant's or lessee's winter road, parking lot and property 120
163		-	maintenance practices. Any such written record shall include the type 121
164		-	and rate of application of de-icing materials used, the dates of treatment 122
165		-	and the weather conditions for each event requiring de-icing. Such 123
166		-	records shall be kept for a period of three years. 124
167		-	Sec. 4. (NEW) (Effective from passage) Not later than January 1, 2022, 125
168		-	each local health district shall establish an electronic reporting system 126
169		-	for the owner of any home or well that is damaged as the direct result 127
170		-	of sodium chloride run-off to register such damage with the local health 128
171		-	department. Not later than January 1, 2023, and each year thereafter, 129
172		-	each local health department shall submit any report received pursuant 130
173		-	to this section during the previous calendar year to the Office of Policy 131
174		-	and Management. The Secretary of the Office of Policy and Management 132
175		-	may identify any available state or federal financial resources to assist 133
176		-	such owners with the costs of remediation, mitigation or repair of such 134
177		-	homes or wells and establish any criteria and procedures for the 135
178		-	issuance of any such financial assistance to such owners. 136
179		-	Sec. 5. (NEW) (Effective from passage) Any person, as defined in section 137
180		-	1-1 of the general statutes, who installs residential water treatment 138
181		-	systems, including, but not limited to, automatic water softeners or 139
182		-	tanks, shall test a customer's drinking water for the presence of sodium 140
183		-	and chloride prior to making any recommendation to such customer or 141
184		-	potential customer regarding the installation of an automatic water 142
185		-	softener or tank. Such testing shall be performed by an environmental 143
186		-	laboratory registered pursuant to section 19a-29a of the general statutes. 144 Substitute Bill No. 1031
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	156	+	best management practices in the absence of proof to the contrary. 113
	157	+	(b) In order to receive the liability protection provided in subsection 114
	158	+	(a) of this section, such commercial applicator, owner, occupant or lessee 115
	159	+	shall keep a written record describing such commercial operator's, 116
	160	+	owner's, occupant's or lessee's winter road, parking lot and property 117
	161	+	maintenance practices. Any such written record shall include the type 118
	162	+	and rate of application of de-icing materials used, the dates of treatment 119
	163	+	and the weather conditions for each event requiring de-icing. Such 120
	164	+	records shall be kept for a period of three years. 121
	165	+	Sec. 4. (NEW) (Effective from passage) Not later than January 1, 2022, 122
	166	+	each local health district shall establish an electronic reporting system 123
	167	+	for the owner of any home or well that is damaged as the direct result 124
	168	+	of sodium chloride run-off to register such damage with the local health 125
	169	+	department. Not later than January 1, 2023, and each year thereafter, 126
	170	+	each local health department shall submit any report received pursuant 127
	171	+	to this section during the previous calendar year to the Office of Policy 128
	172	+	and Management. The Secretary of the Office of Policy and Management 129
	173	+	may identify any available state or federal financial resources to assist 130
	174	+	such owners with the costs of remediation, mitigation or repair of such 131
	175	+	homes or wells and establish any criteria and procedures for the 132
	176	+	issuance of any such financial assistance to such owners. 133
	177	+	Sec. 5. (NEW) (Effective from passage) Whenever any water company 134
	178	+	undertakes an evaluation of any possible sodium chloride effect on the 135
	179	+	drinking water of any customer, such water company shall conduct 136
	180	+	testing that includes, but is not limited to, sodium chloride testing, prior 137
	181	+	to making any recommendation to such customer for the installation of 138
	182	+	any automatic water softener or tank. 139
193	183		This act shall take effect as follows and shall amend the following
194	184		sections:
195	185
196	186		Section 1 October 1, 2021 New section
197	187		Sec. 2 from passage New section
198		-	Sec. 3 from passage New section
	188	+	Sec. 3 from passage New section Raised Bill No. 1031
	189	+
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199	194		Sec. 4 from passage New section
200	195		Sec. 5 from passage New section
201	196
202		-	ENV Joint Favorable Subst.
	197	+	Statement of Purpose:
	198	+	To provide a means and incentive for commercial applicators of sodium
	199	+	chloride to responsibly utilize such product to mitigate ice and snow
	200	+	accumulations.
	201	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	202	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	203	+	underlined.]
203	204