HF 1016

as introduced - 90th Legislature (2017 - 2018) Posted on 03/14/2018 01:51pm

A bill for an act
relating to environment; establishing certified salt applicator program; limiting
liability; authorizing rulemaking; 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] VOLUNTARY SALT APPLICATOR CERTIFICATION
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (1) "commercial applicator'' means an individual who applies or supervises others who
apply salt for hire, but does not include a municipal, state, or other government employee;
and
new text end

new text begin (2) "salt'' means sodium chloride, calcium chloride, magnesium chloride, or any other
substance containing chloride.
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 The
commissioner of the Pollution Control Agency must establish a program to allow commercial
applicators of salt to obtain certification as a water-friendly applicator. The commissioner
must develop a training program that promotes best management practices that use the least
amount of salt while ensuring safe conditions on surfaces traveled by pedestrians and
vehicles. The commissioner must certify a commercial applicator that has completed the
program as a water-friendly applicator for a period to be determined by the commissioner.
The commissioner must develop additional training or requirements for renewing the
certification. Notwithstanding section 16A.1283, the commissioner may charge a fee to
commercial applicators to recover the costs of developing and administering this section.
The commissioner must post the best management practices developed under this section
on the agency's Web site.
new text end

new text begin Subd. 3. new text end

new text begin Liability. new text end

new text begin (a) A commercial applicator certified under this section or the owner,
occupant, or lessee of land maintained by a commercial applicator certified under this section
is not liable for damages arising from insufficiencies or hazards on any premises owned,
occupied, maintained, or operated by the applicator, owner, occupant, or lessee, even with
actual notice thereof, when the hazards are caused solely by snow or ice, and the commercial
applicator's, owner's, occupant's, or lessee's failure or delay in removing or mitigating the
hazards is the result of implementation, absent gross negligence or reckless disregard of the
hazard, of the best management practices developed by the commissioner under this section.
Commercial applicators certified under this section and owners, occupants, or lessees of
land maintained by a certified commercial applicator who adopt the best management
practices are presumed to be acting pursuant to the best management practices in the absence
of proof to the contrary.
new text end

new text begin (b) To receive the liability protection provided in paragraph (a), the commercial applicator
or the owner, occupant, or lessee of land must keep 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 de-icing materials used, the dates of treatment, and the weather
conditions for each event requiring de-icing. The records must be kept for three years.
new text end

new text begin Subd. 4. 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. 5. new text end

new text begin Rulemaking. new text end

new text begin The commissioner may adopt rules necessary to implement this
section.
new text end