HF 1660

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 03:31pm

A bill for an act
relating to environment; establishing program to certify salt applicators; limiting
liability; prohibiting water softeners that cause excessive chloride pollution;
requiring report on process to adopt and amend water quality standards;
appropriating money for water quality programs; proposing coding for new law
in Minnesota Statutes, chapters 116; 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [116.2025] SALT APPLICATORS; VOLUNTARY CERTIFICATION
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
new text end

new text begin (1) "certified commercial applicator" means an individual who applies deicer, completed
training on snow and ice removal and deicer application approved by the commissioner,
and passed an examination after completing the training;
new text end

new text begin (2) "commercial applicator'' means an individual who applies deicer for hire, but does
not include a municipal, state, or other government employee;
new text end

new text begin (3) "deicer'' means any substance used to melt snow and ice, or used for its anti-icing
effects, on privately owned surfaces traveled by pedestrians and vehicles; and
new text end

new text begin (4) "owner" means a person that owns or leases real estate and that enters into a written
contract with a certified commercial applicator for snow and ice removal and deicer
application.
new text end

new text begin Subd. 2. new text end

new text begin Voluntary certification program; best management practices. new text end

new text begin (a) The
commissioner of the Pollution Control Agency must develop a training program that promotes
best management practices for snow and ice removal and deicer application and allows
commercial applicators to obtain certification as a water-friendly applicator. The
commissioner must certify a commercial applicator as a water-friendly applicator if the
applicator successfully completes the program and passes the examination.
new text end

new text begin (b) The commissioner must provide additional training under this section for certified
commercial applicators renewing their certification after their initial training and certification.
new text end

new text begin (c) The commissioner must provide the training and testing module at locations statewide
and may make the recertification training available online.
new text end

new text begin (d) The commissioner must annually post the best management practices and a list of
certified commercial applicators on the agency's website.
new text end

new text begin (e) The commissioner may charge a fee of up to $350 per certified applicator for the
training or recertification under this section.
new text end

new text begin Subd. 3. new text end

new text begin Liability. new text end

new text begin (a) A certified commercial applicator or an owner is not liable for
damages arising from hazards resulting from the accumulation of snow and ice on any real
estate maintained by the certified commercial applicator when the hazard is solely caused
by snow or ice and the certified commercial applicator used the best management practices
for snow and ice removal and deicing approved by the commissioner.
new text end

new text begin (b) Nothing in paragraph (a) prevents or limits the liability of a certified commercial
applicator or owner if the certified commercial applicator or owner:
new text end

new text begin (1) commits an act or omission that constitutes negligence or willful or wanton disregard
for the safety of entrants onto real estate of the owner that is maintained by the certified
commercial applicator and that act or omission proximately causes injury, damage, or death;
new text end

new text begin (2) has actual knowledge or reasonably should have known of a dangerous condition on
the real estate of the owner maintained by the certified commercial applicator;
new text end

new text begin (3) intentionally injures an entrant on real estate of the owner that is maintained by the
certified applicator; or
new text end

new text begin (4) fails to comply with the best management practices for snow and ice removal and
deicer application approved by the commissioner.
new text end

new text begin (c) The liability of a commercial applicator who applies deicer but is not certified under
this section may not be determined under the standards provided in this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Record keeping. new text end

new text begin A certified commercial applicator must maintain the following
records as part of the best management practices approved by the commissioner:
new text end

new text begin (1) a copy of the applicator's certification approved by the commissioner and any
recertification;
new text end

new text begin (2) evidence of passing the examination approved by the commissioner;
new text end

new text begin (3) copies of the winter maintenance assessment tool requirements developed by the
commissioner; and
new text end

new text begin (4) a written record describing the road, parking lot, and property maintenance practices
used. The written record must include the type and rate of application of deicer used, the
dates of treatment, and the weather conditions for each event requiring deicing. The records
must be kept for a minimum of six years.
new text end

new text begin Subd. 5. new text end

new text begin Penalty. new text end

new text begin The commissioner may revoke or decline to renew the certification
of a commercial applicator who violates this section or rules adopted under this section.
new text end

new text begin Subd. 6. new text end

new text begin Relation to other law. new text end

new text begin Nothing in this section affects municipal liability under
section 466.03.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to claims
arising on or after that date.
new text end

Sec. 2.

new text begin [325F.995] WATER SOFTENERS CAUSING EXCESSIVE CHLORIDE
POLLUTION.
new text end

new text begin Beginning August 1, 2023, a person must not manufacture, sell, distribute, or install
within this state a water softener that causes excessive chloride pollution. For purposes of
this section:
new text end

new text begin (1) a water softener causes excessive chloride pollution if the amount of
chloride-containing chemicals the softener uses is determined by something other than the
amount of water that has actually been softened; and
new text end

new text begin (2) a water softener does not cause excessive chloride pollution if the softener uses
chloride-containing chemicals only when directed to do so by the softener operator.
new text end

Sec. 3. new text begin REPORT; SIMPLIFYING AND INCREASING EFFICIENCY OF PROCESS
TO ADOPT AND AMEND WATER QUALITY STANDARDS.
new text end

new text begin No later than February 1, 2022, the commissioner of the Pollution Control Agency must
report to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over environment and natural resources policy
on methods for simplifying and increasing the efficiency of the process to adopt and amend
water quality standards.
new text end

Sec. 4. new text begin THIRD-PARTY BROKER SYSTEM; TRADING OFFSETS FOR WATER
QUALITY; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund to the commissioner of
the Pollution Control Agency to establish a program to allow a third party to broker trades
between pollutant discharge permittees and other participants in pollutant offsets under
Minnesota Statutes, section 115.03, subdivision 10. The commissioner, in consultation with
the University of Minnesota, must review existing water quality trading arrangements in
other states and design and implement the program. By January 15, 2022, the commissioner
must submit a report to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over environment and
natural resources policy and finance with the status of implementing the program under this
section and recommendations for any necessary statutory changes. This is a onetime
appropriation.
new text end

Sec. 5. new text begin CHLORIDE POLLUTION REDUCTION; APPROPRIATION.
new text end

new text begin $1,000,000 in fiscal year 2022 is appropriated from the ....... fund to the commissioner
of the Pollution Control Agency for activities, training, and grants that reduce chloride
pollution. Of this amount, $750,000 is for grants for upgrading, optimizing, or replacing
water-softener units. Priority for grants must be given to facilities needing improvements
to comply with chloride water quality standards. This is a onetime appropriation and is
available until June 30, 2024.
new text end

Sec. 6. new text begin PLAN FOR MONITORING WELLS AND WELL-OWNER EDUCATION;
APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund to the commissioner of
agriculture, in cooperation with the commissioner of health, to develop a plan to increase
well monitoring and education of private well owners in areas with aquifers that are
vulnerable to contamination from nitrate and other chemicals and to develop a network of
monitoring wells that can be used to document trends in groundwater quality over time. No
later than October 1, 2022, the commissioner of agriculture must report the plan to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources policy and finance. This
is a onetime appropriation and is available until June 30, 2023.
new text end