Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF492 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to environment; establishing certified salt applicator program; limiting
3	3	1.3 liability; requiring a report; proposing coding for new law in Minnesota Statutes,
4	4	1.4 chapter 116.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. [116.2025] SALT APPLICATORS; VOLUNTARY CERTIFICATION
7	7	1.7PROGRAM.
8	8	1.8 Subdivision 1.Definitions.For purposes of this section, the following terms have the
9	9	1.9meanings given:
10	10	1.10 (1) "certified commercial applicator" means an individual who applies deicer, completed
11	11	1.11training on snow and ice removal and deicer application approved by the commissioner,
12	12	1.12and passed an examination after completing the training;
13	13	1.13 (2) "commercial applicator'' means an individual who applies deicer for hire but does
14	14	1.14not include a municipal, state, or other government employee;
15	15	1.15 (3) "deicer'' means any substance used to melt snow and ice, or used for its anti-icing
16	16	1.16effects, on privately owned surfaces traveled by pedestrians and vehicles; and
17	17	1.17 (4) "owner" means a person that owns or leases real estate and that enters into a written
18	18	1.18contract with a certified commercial applicator for snow and ice removal and deicer
19	19	1.19application.
20	20	1.20 Subd. 2.Voluntary certification program; best management practices; training.(a)
21	21	1.21The commissioner of the Pollution Control Agency must develop a training program that
22	22	1.22promotes best management practices for snow and ice removal and deicer application that
23	23	1Section 1.
24	24	25-01070 as introduced12/06/24 REVISOR CKM/DG
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 492NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: PUTNAM, McEwen, Howe, Hawj and Carlson)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading01/23/2025
31	31	Referred to Environment, Climate, and Legacy 2.1protect water quality and allows commercial applicators to obtain certification as a
32	32	2.2water-friendly applicator. The commissioner must certify a commercial applicator as a
33	33	2.3water-friendly applicator if the applicator successfully completes the program and passes
34	34	2.4the examination.
35	35	2.5 (b) Certification under this subdivision must be renewed every ten years. The
36	36	2.6commissioner must provide additional training under this section for certified commercial
37	37	2.7applicators renewing certification after their initial training and certification.
38	38	2.8 (c) The commissioner must provide the training and testing module at locations statewide
39	39	2.9and may make the recertification training available online.
40	40	2.10 (d) The commissioner must designate other entities that are approved to provide the
41	41	2.11training required under this subdivision and to administer the examination. The commissioner
42	42	2.12must maintain a list of approved training providers on the agency's website. By the fifth
43	43	2.13business day of each month, an approved training provider must submit a list of commercial
44	44	2.14applicators that completed the training and passed the examination in the preceding month.
45	45	2.15 (e) The commissioner must annually post the best management practices and a list of
46	46	2.16certified commercial applicators on the agency's website.
47	47	2.17 (f) The commissioner or approved training provider may charge a fee of no more than
48	48	2.18$350 per certified commercial applicator for certification or recertification training under
49	49	2.19this section. An approved training provider may retain half of the fee and must submit the
50	50	2.20remainder to the commissioner. Fees submitted to and fees collected by the commissioner
51	51	2.21under this paragraph must be deposited in the environmental fund.
52	52	2.22 Subd. 3.Liability.(a) A certified commercial applicator or an owner is not liable for
53	53	2.23damages arising from hazards resulting from the accumulation of snow and ice on any real
54	54	2.24estate maintained by the certified commercial applicator when the hazard is solely caused
55	55	2.25by snow or ice and the certified commercial applicator used the best management practices
56	56	2.26for snow and ice removal and deicing approved by the commissioner.
57	57	2.27 (b) Nothing in paragraph (a) prevents or limits the liability of a certified commercial
58	58	2.28applicator or owner if the certified commercial applicator or owner:
59	59	2.29 (1) commits an act or omission that constitutes gross negligence or willful or wanton
60	60	2.30disregard for the safety of entrants onto real estate of the owner that is maintained by the
61	61	2.31certified commercial applicator and that act or omission proximately causes injury, damage,
62	62	2.32or death;
63	63	2Section 1.
64	64	25-01070 as introduced12/06/24 REVISOR CKM/DG 3.1 (2) intentionally injures an entrant on real estate of the owner that is maintained by the
65	65	3.2certified commercial applicator; or
66	66	3.3 (3) fails to comply with the best management practices for snow and ice removal and
67	67	3.4deicer application approved by the commissioner.
68	68	3.5 (c) The liability of a commercial applicator who applies deicer but is not certified under
69	69	3.6this section may not be determined under the standards provided in this subdivision.
70	70	3.7 Subd. 4.Record keeping.A certified commercial applicator must maintain the following
71	71	3.8records as part of the best management practices approved by the commissioner:
72	72	3.9 (1) a copy of the applicator's certification and any recertification issued under this section;
73	73	3.10 (2) evidence of passing the examination approved by the commissioner;
74	74	3.11 (3) copies of the winter maintenance assessment tool requirements developed by the
75	75	3.12commissioner;
76	76	3.13 (4) a written record describing the road, parking lot, and property maintenance practices
77	77	3.14used. The written record must include the type and rate of application of deicer used, the
78	78	3.15dates of treatment, and the weather conditions for each event requiring deicing. The records
79	79	3.16must be kept for a minimum of six years; and
80	80	3.17 (5) proof of compliance with the reporting requirements under subdivision 7.
81	81	3.18 Subd. 5.Penalty.The commissioner may revoke or decline to renew the certification
82	82	3.19of a commercial applicator who violates this section or rules adopted under this section.
83	83	3.20 Subd. 6.Relation to other law.Nothing in this section affects municipal liability under
84	84	3.21section 466.03.
85	85	3.22 Subd. 7.Reporting required.By July 1 each year, a certified commercial applicator
86	86	3.23must submit to the commissioner on a form prescribed by the commissioner the amounts
87	87	3.24and types of deicers used in the previous calendar year.
88	88	3.25 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to claims
89	89	3.26arising on or after that date.
90	90	3Section 1.
91	91	25-01070 as introduced12/06/24 REVISOR CKM/DG