BILL AS INTRODUCED S.29
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S.29 1
Introduced by Senators Watson, Beck, Bongartz, Hardy, Perchlik, White and 2
Williams 3
Referred to Committee on 4
Date: 5
Subject: Conservation and development; transportation; water quality; salt 6
application 7
Statement of purpose of bill as introduced: This bill proposes to require the 8
Secretary of Natural Resources to establish the Chloride Contamination 9
Reduction Program to train commercial salt applicators and municipal salt 10
applicators in best management practices to most efficiently apply salt or salt 11
alternatives and to prevent salt or salt alternatives from entering the waters of 12
the State. A certified commercial applicator shall be presumed to be in 13
compliance with water quality laws when applying salt or salt alternatives 14
according to the best management practices established by the Program. 15
An act relating to establishing the Chloride Contamination Reduction 16
Program at the Agency of Natural Resources 17 BILL AS INTRODUCED S.29
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VT LEG #379521 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 10 V.S.A. chapter 47, subchapter 3A is added to read: 2
Subchapter 3A. Chloride Contamination Reduction Program 3
§ 1351. DEFINITIONS 4
As used in this subchapter: 5
(1) “Apply salt” or “application of salt” means to apply salt or a salt 6
alternative to roadways, parking lots, or sidewalks for the purpose of winter 7
maintenance or for summer dust control. “Apply salt” or “application of salt” 8
does not mean the application of salt to a transportation infrastructure 9
construction project. 10
(2) “Commercial salt applicator” means any individual who for 11
compensation applies or supervises others who apply salt but does not include 12
municipal or State employees. 13
(3) “Municipal salt applicator” means any individual who applies or 14
supervises others who apply salt in the applicator’s capacity as an employee or 15
agent of a town or a municipality but does not include State employees. 16
(4) “Salt” means sodium chloride, calcium chloride, magnesium 17
chloride, or any other substance containing chloride. 18
(5) “Salt alternative” means any substance not containing chloride used 19
for the purpose of deicing or anti-icing. 20
(6) “Secretary” means the Secretary of Natural Resources. 21 BILL AS INTRODUCED S.29
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§ 1352. SALT APPLICATION PROGRAM 1
(a) The Secretary of Natural Resources, after consultation with the 2
Secretary of Transportation, shall establish a program for the education, 3
training, and certification of commercial salt applicators and municipal salt 4
applicators in the State to be implemented by a competitively selected third-5
party vendor. The program shall include best management practices for 6
application of salt or salt alternatives by commercial salt applicators and 7
municipal salt applicators, but the program shall specifically exclude salt 8
applications related to transportation infrastructure construction projects. 9
(b) The education program for commercial salt applicators and municipal 10
salt applicators may be based on current best management practices used by 11
State salt applicators. The best management practices shall: 12
(1) establish measures or techniques to increase efficiency in the 13
application of salt or salt alternatives such that the least amount of salt or salt 14
alternatives are used while maintaining safe conditions for pedestrians and 15
motor vehicles on traveled surfaces; 16
(2) establish standards for when and how salt and salt alternatives are 17
applied in order to prevent salt or salt alternatives from entering waters of the 18
State; 19 BILL AS INTRODUCED S.29
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(3) recommend salt or salt alternatives that are cost-effective and less 1
harmful to water quality while maintaining safe conditions for pedestrians and 2
motor vehicles on traveled surfaces; 3
(4) establish record-keeping requirements for commercial salt 4
applicators and municipal salt applicators, including records describing the 5
type and rate of application of salt or salt alternatives, the dates of use, weather 6
conditions requiring use of salt or salt alternatives, and required submission to 7
the Agency of Natural Resources; 8
(5) establish requirements for application for certification under this 9
subchapter, including frequency of training, manner of training, and the form 10
and manner of application; and 11
(6) establish other requirements deemed necessary by the Secretary to 12
achieve the purposes of the program. 13
(c)(1) A commercial salt applicator or municipal salt applicator may apply 14
annually to the Secretary to be approved as a State-certified salt applicator. 15
(2) A business that employs multiple commercial salt applicators may 16
apply to the Secretary for certification of the business owner or other 17
designated employee as a master commercial salt applicator. A certified 18
master commercial salt applicator shall ensure that all employees of the 19
business are trained to comply with the best management practices established 20
under subsection (b) of this section. 21 BILL AS INTRODUCED S.29
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(d) The Secretary of Natural Resources, after consultation with the 1
Secretary of Transportation, shall: 2
(1) determine the amount of salt annually imported into the State; 3
(2) determine the average amount of road salt applied on State roadways 4
annually for the years 2010 through 2020 from: 5
(A) each winter road management season between October and 6
April; and 7
(B) salt solutions applied by the State, municipalities, and private 8
contractors from May through September for summer dust suppression; 9
(3) develop a publicly accessible record-keeping database system for 10
road salt purchases and applications within Vermont; 11
(4) develop salt reduction targets to guide the Agency of Natural 12
Resources in measurably reducing chloride levels in surface waters and 13
groundwater; and 14
(5) annually report to the Vermont General Assembly on or before 15
January 15 the findings as an assessment of the nature, scope, and magnitude 16
of associated impacts of salt on surface waters and groundwater, public and 17
private lands, property, health, and infrastructure in the State of Vermont. 18 BILL AS INTRODUCED S.29
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§ 1353. SALT APPLICATION; LIMITED LIABILITY; PRESUMPTION OF 1
COMPLIANCE; ENFORCEMENT 2
(a) A certified commercial salt applicator; a certified municipal salt 3
applicator; or an owner, occupant, or lessee of real property maintained by a 4
certified commercial salt applicator or certified municipal salt applicator shall 5
not be liable for damages arising from hazards on real property owned, 6
occupied, maintained, or operated by that person when the hazards are caused 7
solely by snow or ice and any failure or delay in removing or mitigating the 8
hazards is the result of the certified commercial salt applicator or certified 9
municipal salt applicator’s implementation of the best management practices 10
established under section 1352 of this title for application of salt or salt 11
alternatives, except when the damages are due to gross negligence or reckless 12
disregard of the hazard. All certified commercial salt applicators and certified 13
municipal salt applicators shall be presumed to be acting pursuant to the best 14
management practices for application of salt or salt alternatives in the absence 15
of proof to the contrary. 16
(b) A certified commercial salt applicator, a commercial salt applicator 17
employed by a certified master commercial salt applicator, or a certified 18
municipal salt applicator is presumed to be in compliance with the 19
requirements of this chapter when applying salt or salt alternatives according to 20
the best management practices established under section 1352 of this title. 21 BILL AS INTRODUCED S.29
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(c) A certified commercial salt applicator or certified municipal salt 1
applicator that violates the requirements of this subchapter, the rules of this 2
subchapter, or the provisions of a certification issued under this subchapter 3
shall be subject to enforcement under chapter 201 of this title. 4
(d) The Secretary may revoke a certification issued under this subchapter 5
after notice and opportunity for a hearing for a violation of the requirements of 6
this subchapter, the rules of this subchapter, or the provisions of a certification 7
issued under this subchapter. 8
(e) In order to receive the liability protection provided in subsection (a) of 9
this section, a commercial salt applicator; a municipal salt applicator; or an 10
owner, an occupant, or a lessee of land shall keep a written record describing 11
its winter road, parking lot, and property maintenance practices. The written 12
record shall include the type and rate of application of deicing materials used, 13
the dates of treatment, and the weather conditions for each event requiring 14
deicing. Such records shall be kept for a period of three years. 15
§ 1354. STORAGE AND DISPOSAL OF SALT 16
The Secretary of Natural Resources, after consultation with the Secretary of 17
Transportation, shall: 18
(1) require that all salt storage facilities owned by private contractors, 19
the State, municipalities, or other governmental entity be mapped on the 20 BILL AS INTRODUCED S.29
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Agency of Natural Resources’ Natural Resources Atlas, and the types of 1
materials stored and storage practices at each facility be identified; 2
(2) establish best management practices and an education program for 3
the management of State-, town-, and privately owned salt storage facilities 4
and snow disposal practices to prevent runoff to surface and groundwater; and 5
(3) require that all State-, municipal-, and privately owned salt and sand 6
storage facilities within 100 yards of a surface water or drinking water source 7
be under cover by 2030 and all other storage facilities be under cover by 2035. 8
Facilities will be eligible for grant funding. 9
Sec. 2. 10 V.S.A. § 1258 is amended to read: 10
§ 1258. MANAGEMENT OF WATERS AFTER CLASSIFICATION ,; 11
ENFORCEMENT 12
(a) After the classification of any waters has been determined by the 13
Secretary, those waters shall be managed under the supervision of the 14
Secretary in order to obtain and maintain the classification established. The 15
Secretary may enforce a classification against any person affected thereby 16
who, with notice of the classification, has failed to comply. An action to 17
enforce a classification shall be brought in the Superior Court of the county 18
wherein the affected waters are located. 19
(b) The Secretary shall manage discharges to the waters of the State by 20
administering a permit program consistent with the National Pollutant 21 BILL AS INTRODUCED S.29
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Discharge Elimination System established by section Clean Water Act Section 1
402 of Public Law 92-500, 33 U.S.C. § 1342, and with the guidelines 2
promulgated in accordance with section Clean Water Act Section 304(h)(2) of 3
Public Law 92-500, 33 U.S.C. § 1314(h)(2). The Secretary shall use the full 4
range of possibilities and variables allowable under these sections of Public 5
Law 92-500 the federal Clean Water Act, 33 U.S.C. §§ 1251–1389, including 6
general permits, as are consistent with meeting the objectives of the Vermont 7
Water Pollution Control Program. The Secretary shall adopt a continuing 8
planning process approvable under section Clean Water Act Section 303(e) of 9
Public Law 92-500, 33 U.S.C. § 1313(e). Neither the Secretary nor his or her a 10
duly authorized representative may receive or during the previous two years 11
have received a significant portion of his or her income directly or indirectly 12
from permit holders or applicants for a permit under this chapter. 13
(c) When assessing compliance of waters in the State with the Vermont 14
Water Quality Standards; when monitoring waters as required by Clean Water 15
Act Section 303(d), 33 U.S.C. § 1313(d); and when a discharge to waters is 16
occurring, the Secretary shall monitor for compliance where the pollutant is 17
first discharged to or where runoff first enters a water or wetland of the State. 18
Sec. 3. IMPLEMENTATION; FEE REPORT 19
(a) The Secretary of Natural Resources shall adopt the best management 20
practices for commercial application of salt or salt alternatives required under 21 BILL AS INTRODUCED S.29
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10 V.S.A. § 1352 by procedure or by rulemaking authority under 10 V.S.A. 1
chapter 47. The Secretary of Natural Resources shall adopt any procedure or 2
rule establishing the best management practices for commercial and municipal 3
application of salt or salt alternatives on or before November 1, 2026 for initial 4
use beginning on January 1, 2027. 5
(b) As part of the consolidated Executive Branch annual fee report required 6
under 32 V.S.A. § 605, the Governor shall recommend a fee for certification of 7
commercial applicators under 10 V.S.A. chapter 47, subchapter 3A. 8
Sec. 4. ANR ENHANCED MONITORING OF CHLORIDE LEVELS IN 9
SURFACE WATERS 10
When a State water or water segment is identified as contaminated by 11
chloride levels that exceed the chronic or acute standards established by the 12
U.S. Environmental Protection Agency (EPA), the Secretary of Natural 13
Resources shall begin regular monitoring of the chloride levels in that water or 14
water segment and investigate potential acute and diffuse contamination 15
sources, such as impervious surfaces. If the source that is causing chloride 16
contamination levels that exceed EPA chronic or acute standards is found, the 17
Secretary of Natural Resources shall require monitoring at the physical 18
discharge point into a water of the State or into a hydrological connection to a 19
water of the State. 20 BILL AS INTRODUCED S.29
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Sec. 5. APPROPRIATIONS 1
(a) In addition to any other funds appropriated to the Agency of Natural 2
Resources in fiscal year 2026, $250,000.00 is appropriated from the General 3
Fund to the Agency of Natural Resources for a third-party vendor as 4
determined by the Secretary of Natural Resources in 10 V.S.A. § 1352(a) to 5
administer the Chloride Contamination Reduction Program. 6
(b) It is the intention of the General Assembly that the appropriation in 7
subsection (a) of this section shall be made annually for the identified 8
purposes. 9
Sec. 6. EFFECTIVE DATE 10
This act shall take effect on passage. 11