HF 3565

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 04:25pm

A bill for an act
relating to environment; establishing certified salt applicator program; limiting
liability; requiring a report; proposing coding for new law in Minnesota Statutes,
chapter 116.

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; training. 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 that
protect water quality 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) Certification under this subdivision must be renewed every ten years. The
commissioner must provide additional training under this section for certified commercial
applicators renewing 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 designate other entities that are approved to provide the
training required under this subdivision and to administer the examination. The commissioner
must maintain a list of approved training providers on the agency's website. By the fifth
business day of each month, an approved training provider must submit a list of commercial
applicators that completed the training and passed the examination in the preceding month.
new text end

new text begin (e) 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 (f) The commissioner or approved training provider may charge a fee of no more than
$350 per certified commercial applicator for certification or recertification training under
this section. An approved training provider may retain half of the fee and must submit the
remainder to the commissioner. Fees submitted to and fees collected by the commissioner
under this paragraph must be deposited in the environmental fund.
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 gross 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) intentionally injures an entrant on real estate of the owner that is maintained by the
certified commercial applicator; or
new text end

new text begin (3) 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 and any recertification issued under this section;
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;
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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; and
new text end

new text begin (5) proof of compliance with the reporting requirements under subdivision 7.
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 Subd. 7. new text end

new text begin Reporting required. new text end

new text begin By July 1 each year, a certified commercial applicator
must submit to the commissioner on a form prescribed by the commissioner the amounts
and types of deicers used in the previous calendar year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to claims
arising on or after that date.
new text end