1.1 A bill for an act
1.2 relating to environment; establishing certified salt applicator program; limiting
1.3 liability; requiring a report; proposing coding for new law in Minnesota Statutes,
1.4 chapter 116.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [116.2025] SALT APPLICATORS; VOLUNTARY CERTIFICATION
1.7PROGRAM.
1.8 Subdivision 1.Definitions.For purposes of this section, the following terms have the
1.9meanings given:
1.10 (1) "certified commercial applicator" means an individual who applies deicer, completed
1.11training on snow and ice removal and deicer application approved by the commissioner,
1.12and passed an examination after completing the training;
1.13 (2) "commercial applicator'' means an individual who applies deicer for hire but does
1.14not include a municipal, state, or other government employee;
1.15 (3) "deicer'' means any substance used to melt snow and ice, or used for its anti-icing
1.16effects, on privately owned surfaces traveled by pedestrians and vehicles; and
1.17 (4) "owner" means a person that owns or leases real estate and that enters into a written
1.18contract with a certified commercial applicator for snow and ice removal and deicer
1.19application.
1.20 Subd. 2.Voluntary certification program; best management practices; training.(a)
1.21The commissioner of the Pollution Control Agency must develop a training program that
1.22promotes best management practices for snow and ice removal and deicer application that
1Section 1.
REVISOR CKM/DG 25-0107012/06/24
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 793
NINETY-FOURTH SESSION
Authored by Hollins and Scott02/17/2025
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy 2.1protect water quality and allows commercial applicators to obtain certification as a
2.2water-friendly applicator. The commissioner must certify a commercial applicator as a
2.3water-friendly applicator if the applicator successfully completes the program and passes
2.4the examination.
2.5 (b) Certification under this subdivision must be renewed every ten years. The
2.6commissioner must provide additional training under this section for certified commercial
2.7applicators renewing certification after their initial training and certification.
2.8 (c) The commissioner must provide the training and testing module at locations statewide
2.9and may make the recertification training available online.
2.10 (d) The commissioner must designate other entities that are approved to provide the
2.11training required under this subdivision and to administer the examination. The commissioner
2.12must maintain a list of approved training providers on the agency's website. By the fifth
2.13business day of each month, an approved training provider must submit a list of commercial
2.14applicators that completed the training and passed the examination in the preceding month.
2.15 (e) The commissioner must annually post the best management practices and a list of
2.16certified commercial applicators on the agency's website.
2.17 (f) The commissioner or approved training provider may charge a fee of no more than
2.18$350 per certified commercial applicator for certification or recertification training under
2.19this section. An approved training provider may retain half of the fee and must submit the
2.20remainder to the commissioner. Fees submitted to and fees collected by the commissioner
2.21under this paragraph must be deposited in the environmental fund.
2.22 Subd. 3.Liability.(a) A certified commercial applicator or an owner is not liable for
2.23damages arising from hazards resulting from the accumulation of snow and ice on any real
2.24estate maintained by the certified commercial applicator when the hazard is solely caused
2.25by snow or ice and the certified commercial applicator used the best management practices
2.26for snow and ice removal and deicing approved by the commissioner.
2.27 (b) Nothing in paragraph (a) prevents or limits the liability of a certified commercial
2.28applicator or owner if the certified commercial applicator or owner:
2.29 (1) commits an act or omission that constitutes gross negligence or willful or wanton
2.30disregard for the safety of entrants onto real estate of the owner that is maintained by the
2.31certified commercial applicator and that act or omission proximately causes injury, damage,
2.32or death;
2Section 1.
REVISOR CKM/DG 25-0107012/06/24 3.1 (2) intentionally injures an entrant on real estate of the owner that is maintained by the
3.2certified commercial applicator; or
3.3 (3) fails to comply with the best management practices for snow and ice removal and
3.4deicer application approved by the commissioner.
3.5 (c) The liability of a commercial applicator who applies deicer but is not certified under
3.6this section may not be determined under the standards provided in this subdivision.
3.7 Subd. 4.Record keeping.A certified commercial applicator must maintain the following
3.8records as part of the best management practices approved by the commissioner:
3.9 (1) a copy of the applicator's certification and any recertification issued under this section;
3.10 (2) evidence of passing the examination approved by the commissioner;
3.11 (3) copies of the winter maintenance assessment tool requirements developed by the
3.12commissioner;
3.13 (4) a written record describing the road, parking lot, and property maintenance practices
3.14used. The written record must include the type and rate of application of deicer used, the
3.15dates of treatment, and the weather conditions for each event requiring deicing. The records
3.16must be kept for a minimum of six years; and
3.17 (5) proof of compliance with the reporting requirements under subdivision 7.
3.18 Subd. 5.Penalty.The commissioner may revoke or decline to renew the certification
3.19of a commercial applicator who violates this section or rules adopted under this section.
3.20 Subd. 6.Relation to other law.Nothing in this section affects municipal liability under
3.21section 466.03.
3.22 Subd. 7.Reporting required.By July 1 each year, a certified commercial applicator
3.23must submit to the commissioner on a form prescribed by the commissioner the amounts
3.24and types of deicers used in the previous calendar year.
3.25 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to claims
3.26arising on or after that date.
3Section 1.
REVISOR CKM/DG 25-0107012/06/24