Vermont 2025-2026 Regular Session

Vermont House Bill H0086 Compare Versions

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

Old	New	Differences
1	1	BILL AS INTRODUCED H.86
2	2	2025 Page 1 of 11
3	3
4	4
5	5	VT LEG #379212 v.1
6	6	H.86 1
7	7	Introduced by Representatives Sheldon of Middlebury, Austin of Colchester, 2
8	8	Bartholomew of Hartland, Chapin of East Montpelier, Logan of 3
9	9	Burlington, Morris of Springfield, and Satcowitz of Randolph 4
10	10	Referred to Committee on 5
11	11	Date: 6
12	12	Subject: Conservation and development; transportation; water quality; salt 7
13	13	application 8
14	14	Statement of purpose of bill as introduced: This bill proposes to require the 9
15	15	Secretary of Natural Resources to establish the Chloride Contamination 10
16	16	Reduction Program to train commercial salt applicators and municipal salt 11
17	17	applicators in best management practices to most efficiently apply salt or salt 12
18	18	alternatives and to prevent salt or salt alternatives from entering the waters of 13
19	19	the State. A certified commercial applicator shall be presumed to be in 14
20	20	compliance with water quality laws when applying salt or salt alternatives 15
21	21	according to the best management practices established by the Program. 16
22	22	An act relating to establishing the Chloride Contamination Reduction 17
23	23	Program at the Agency of Natural Resources 18 BILL AS INTRODUCED H.86
24	24	2025 Page 2 of 11
25	25
26	26
27	27	VT LEG #379212 v.1
28	28	It is hereby enacted by the General Assembly of the State of Vermont: 1
29	29	Sec. 1. 10 V.S.A. chapter 47, subchapter 3A is added to read: 2
30	30	Subchapter 3A. Chloride Contamination Reduction Program 3
31	31	§ 1351. DEFINITIONS 4
32	32	As used in this subchapter: 5
33	33	(1) “Apply salt” or “application of salt” means to apply salt or a salt 6
34	34	alternative to roadways, parking lots, or sidewalks for the purpose of winter 7
35	35	maintenance or for summer dust control. “Apply salt” or “application of salt” 8
36	36	does not mean the application of salt to a transportation infrastructure 9
37	37	construction project. 10
38	38	(2) “Commercial salt applicator” means any individual who for 11
39	39	compensation applies or supervises others who apply salt but does not include 12
40	40	municipal or State employees. 13
41	41	(3) “Municipal salt applicator” means any individual who applies or 14
42	42	supervises others who apply salt in the applicator’s capacity as an employee or 15
43	43	agent of a town or a municipality but does not include State employees. 16
44	44	(4) “Salt” means sodium chloride, calcium chloride, magnesium 17
45	45	chloride, or any other substance containing chloride. 18
46	46	(5) “Salt alternative” means any substance not containing chloride used 19
47	47	for the purpose of deicing or anti-icing. 20
48	48	(6) “Secretary” means the Secretary of Natural Resources. 21 BILL AS INTRODUCED H.86
49	49	2025 Page 3 of 11
50	50
51	51
52	52	VT LEG #379212 v.1
53	53	§ 1352. SALT APPLICATION PROGRAM 1
54	54	(a) The Secretary of Natural Resources, after consultation with the 2
55	55	Secretary of Transportation, shall establish a program for the education, 3
56	56	training, and certification of commercial salt applicators and municipal salt 4
57	57	applicators in the State to be implemented by a competitively selected third-5
58	58	party vendor. The program shall include best management practices for 6
59	59	application of salt or salt alternatives by commercial salt applicators and 7
60	60	municipal salt applicators, but the program shall specifically exclude salt 8
61	61	applications related to transportation infrastructure construction projects. 9
62	62	(b) The education program for commercial salt applicators and municipal 10
63	63	salt applicators may be based on current best management practices used by 11
64	64	State salt applicators. The best management practices shall: 12
65	65	(1) establish measures or techniques to increase efficiency in the 13
66	66	application of salt or salt alternatives such that the least amount of salt or salt 14
67	67	alternatives are used while maintaining safe conditions for pedestrians and 15
68	68	motor vehicles on traveled surfaces; 16
69	69	(2) establish standards for when and how salt and salt alternatives are 17
70	70	applied in order to prevent salt or salt alternatives from entering waters of the 18
71	71	State; 19 BILL AS INTRODUCED H.86
72	72	2025 Page 4 of 11
73	73
74	74
75	75	VT LEG #379212 v.1
76	76	(3) recommend salt or salt alternatives that are cost-effective and less 1
77	77	harmful to water quality while maintaining safe conditions for pedestrians and 2
78	78	motor vehicles on traveled surfaces; 3
79	79	(4) establish record-keeping requirements for commercial salt 4
80	80	applicators and municipal salt applicators, including records describing the 5
81	81	type and rate of application of salt or salt alternatives, the dates of use, weather 6
82	82	conditions requiring use of salt or salt alternatives, and required submission to 7
83	83	the Agency of Natural Resources; 8
84	84	(5) establish requirements for application for certification under this 9
85	85	subchapter, including frequency of training, manner of training, and the form 10
86	86	and manner of application; and 11
87	87	(6) establish other requirements deemed necessary by the Secretary to 12
88	88	achieve the purposes of the program. 13
89	89	(c)(1) A commercial salt applicator or municipal salt applicator may apply 14
90	90	annually to the Secretary to be approved as a State-certified salt applicator. 15
91	91	(2) A business that employs multiple commercial salt applicators may 16
92	92	apply to the Secretary for certification of the business owner or other 17
93	93	designated employee as a master commercial salt applicator. A certified 18
94	94	master commercial salt applicator shall ensure that all employees of the 19
95	95	business are trained to comply with the best management practices established 20
96	96	under subsection (b) of this section. 21 BILL AS INTRODUCED H.86
97	97	2025 Page 5 of 11
98	98
99	99
100	100	VT LEG #379212 v.1
101	101	(d) The Secretary of Natural Resources, after consultation with the 1
102	102	Secretary of Transportation, shall: 2
103	103	(1) determine the amount of salt annually imported into the State; 3
104	104	(2) determine the average amount of road salt applied on State roadways 4
105	105	annually for the years 2010 through 2020 from: 5
106	106	(A) each winter road management season between October and 6
107	107	April; and 7
108	108	(B) salt solutions applied by the State, municipalities, and private 8
109	109	contractors from May through September for summer dust suppression; 9
110	110	(3) develop a publicly accessible record-keeping database system for 10
111	111	road salt purchases and applications within Vermont; 11
112	112	(4) develop salt reduction targets to guide the Agency of Natural 12
113	113	Resources in measurably reducing chloride levels in surface waters and 13
114	114	groundwater; and 14
115	115	(5) annually report to the Vermont General Assembly on or before 15
116	116	January 15 the findings as an assessment of the nature, scope, and magnitude 16
117	117	of associated impacts of salt on surface waters and groundwater, public and 17
118	118	private lands, property, health, and infrastructure in the State of Vermont. 18 BILL AS INTRODUCED H.86
119	119	2025 Page 6 of 11
120	120
121	121
122	122	VT LEG #379212 v.1
123	123	§ 1353. SALT APPLICATION; LIMITED LIABILITY; PRESUMPTION OF 1
124	124	COMPLIANCE; ENFORCEMENT 2
125	125	(a) A certified commercial salt applicator; a certified municipal salt 3
126	126	applicator; or an owner, occupant, or lessee of real property maintained by a 4
127	127	certified commercial salt applicator or certified municipal salt applicator shall 5
128	128	not be liable for damages arising from hazards on real property owned, 6
129	129	occupied, maintained, or operated by that person when the hazards are caused 7
130	130	solely by snow or ice and any failure or delay in removing or mitigating the 8
131	131	hazards is the result of the certified commercial salt applicator or certified 9
132	132	municipal salt applicator’s implementation of the best management practices 10
133	133	established under section 1352 of this title for application of salt or salt 11
134	134	alternatives, except when the damages are due to gross negligence or reckless 12
135	135	disregard of the hazard. All certified commercial salt applicators and certified 13
136	136	municipal salt applicators shall be presumed to be acting pursuant to the best 14
137	137	management practices for application of salt or salt alternatives in the absence 15
138	138	of proof to the contrary. 16
139	139	(b) A certified commercial salt applicator, a commercial salt applicator 17
140	140	employed by a certified master commercial salt applicator, or a certified 18
141	141	municipal salt applicator is presumed to be in compliance with the 19
142	142	requirements of this chapter when applying salt or salt alternatives according to 20
143	143	the best management practices established under section 1352 of this title. 21 BILL AS INTRODUCED H.86
144	144	2025 Page 7 of 11
145	145
146	146
147	147	VT LEG #379212 v.1
148	148	(c) A certified commercial salt applicator or certified municipal salt 1
149	149	applicator that violates the requirements of this subchapter, the rules of this 2
150	150	subchapter, or the provisions of a certification issued under this subchapter 3
151	151	shall be subject to enforcement under chapter 201 of this title. 4
152	152	(d) The Secretary may revoke a certification issued under this subchapter 5
153	153	after notice and opportunity for a hearing for a violation of the requirements of 6
154	154	this subchapter, the rules of this subchapter, or the provisions of a certification 7
155	155	issued under this subchapter. 8
156	156	(e) In order to receive the liability protection provided in subsection (a) of 9
157	157	this section, a commercial salt applicator; a municipal salt applicator; or an 10
158	158	owner, an occupant, or a lessee of land shall keep a written record describing 11
159	159	its winter road, parking lot, and property maintenance practices. The written 12
160	160	record shall include the type and rate of application of deicing materials used, 13
161	161	the dates of treatment, and the weather conditions for each event requiring 14
162	162	deicing. Such records shall be kept for a period of three years. 15
163	163	§ 1354. STORAGE AND DISPOSAL OF SALT 16
164	164	The Secretary of Natural Resources, after consultation with the Secretary of 17
165	165	Transportation, shall: 18
166	166	(1) require that all salt storage facilities owned by private contractors, 19
167	167	the State, municipalities, or other governmental entity be mapped on the 20 BILL AS INTRODUCED H.86
168	168	2025 Page 8 of 11
169	169
170	170
171	171	VT LEG #379212 v.1
172	172	Agency of Natural Resources’ Natural Resources Atlas, and the types of 1
173	173	materials stored and storage practices at each facility be identified; 2
174	174	(2) establish best management practices and an education program for 3
175	175	the management of State-, town-, and privately owned salt storage facilities 4
176	176	and snow disposal practices to prevent runoff to surface and groundwater; and 5
177	177	(3) require that all State-, municipal-, and privately owned salt and sand 6
178	178	storage facilities within 100 yards of a surface water or drinking water source 7
179	179	be under cover by 2030 and all other storage facilities be under cover by 2035. 8
180	180	Facilities will be eligible for grant funding. 9
181	181	Sec. 2. 10 V.S.A. § 1258 is amended to read: 10
182	182	§ 1258. MANAGEMENT OF WATERS AFTER CLASSIFICATION ,; 11
183	183	ENFORCEMENT 12
184	184	(a) After the classification of any waters has been determined by the 13
185	185	Secretary, those waters shall be managed under the supervision of the 14
186	186	Secretary in order to obtain and maintain the classification established. The 15
187	187	Secretary may enforce a classification against any person affected thereby 16
188	188	who, with notice of the classification, has failed to comply. An action to 17
189	189	enforce a classification shall be brought in the Superior Court of the county 18
190	190	wherein the affected waters are located. 19
191	191	(b) The Secretary shall manage discharges to the waters of the State by 20
192	192	administering a permit program consistent with the National Pollutant 21 BILL AS INTRODUCED H.86
193	193	2025 Page 9 of 11
194	194
195	195
196	196	VT LEG #379212 v.1
197	197	Discharge Elimination System established by section Clean Water Act Section 1
198	198	402 of Public Law 92-500, 33 U.S.C. § 1342, and with the guidelines 2
199	199	promulgated in accordance with section Clean Water Act Section 304(h)(2) of 3
200	200	Public Law 92-500, 33 U.S.C. § 1314(h)(2). The Secretary shall use the full 4
201	201	range of possibilities and variables allowable under these sections of Public 5
202	202	Law 92-500 the federal Clean Water Act, 33 U.S.C. §§ 1251–1389, including 6
203	203	general permits, as are consistent with meeting the objectives of the Vermont 7
204	204	Water Pollution Control Program. The Secretary shall adopt a continuing 8
205	205	planning process approvable under section Clean Water Act Section 303(e) of 9
206	206	Public Law 92-500, 33 U.S.C. § 1313(e). Neither the Secretary nor his or her a 10
207	207	duly authorized representative may receive or during the previous two years 11
208	208	have received a significant portion of his or her income directly or indirectly 12
209	209	from permit holders or applicants for a permit under this chapter. 13
210	210	(c) When assessing compliance of waters in the State with the Vermont 14
211	211	Water Quality Standards; when monitoring waters as required by Clean Water 15
212	212	Act Section 303(d), 33 U.S.C. § 1313(d); and when a discharge to waters is 16
213	213	occurring, the Secretary shall monitor for compliance where the pollutant is 17
214	214	first discharged to or where runoff first enters a water or wetland of the State. 18
215	215	Sec. 3. IMPLEMENTATION; FEE REPORT 19
216	216	(a) The Secretary of Natural Resources shall adopt the best management 20
217	217	practices for commercial application of salt or salt alternatives required under 21 BILL AS INTRODUCED H.86
218	218	2025 Page 10 of 11
219	219
220	220
221	221	VT LEG #379212 v.1
222	222	10 V.S.A. § 1352 by procedure or by rulemaking authority under 10 V.S.A. 1
223	223	chapter 47. The Secretary of Natural Resources shall adopt any procedure or 2
224	224	rule establishing the best management practices for commercial and municipal 3
225	225	application of salt or salt alternatives on or before November 1, 2026 for initial 4
226	226	use beginning on January 1, 2027. 5
227	227	(b) As part of the consolidated Executive Branch annual fee report required 6
228	228	under 32 V.S.A. § 605, the Governor shall recommend a fee for certification of 7
229	229	commercial applicators under 10 V.S.A. chapter 47, subchapter 3A. 8
230	230	Sec. 4. ANR ENHANCED MONITORING OF CHLORIDE LEVELS IN 9
231	231	SURFACE WATERS 10
232	232	When a State water or water segment is identified as contaminated by 11
233	233	chloride levels that exceed the chronic or acute standards established by the 12
234	234	U.S. Environmental Protection Agency (EPA), the Secretary of Natural 13
235	235	Resources shall begin regular monitoring of the chloride levels in that water or 14
236	236	water segment and investigate potential acute and diffuse contamination 15
237	237	sources, such as impervious surfaces. If the source that is causing chloride 16
238	238	contamination levels that exceed EPA chronic or acute standards is found, the 17
239	239	Secretary of Natural Resources shall require monitoring at the physical 18
240	240	discharge point into a water of the State or into a hydrological connection to a 19
241	241	water of the State. 20 BILL AS INTRODUCED H.86
242	242	2025 Page 11 of 11
243	243
244	244
245	245	VT LEG #379212 v.1
246	246	Sec. 5. APPROPRIATIONS 1
247	247	(a) In addition to any other funds appropriated to the Agency of Natural 2
248	248	Resources in fiscal year 2026, $250,000.00 is appropriated from the General 3
249	249	Fund to the Agency of Natural Resources for a third-party vendor as 4
250	250	determined by the Secretary of Natural Resources in 10 V.S.A. § 1352(a) to 5
251	251	administer the Chloride Contamination Reduction Program. 6
252	252	(b) It is the intention of the General Assembly that the appropriation in 7
253	253	subsection (a) of this section shall be made annually for the identified 8
254	254	purposes. 9
255	255	Sec. 6. EFFECTIVE DATE 10
256	256	This act shall take effect on passage. 11