HF 2594

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:17pm

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 shall establish a program to allow
commercial applicators of salt to obtain certification as a water-friendly applicator. The
commissioner shall 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 shall certify a commercial applicator that has
completed the program as a water-friendly applicator for a period of time to be determined
by the commissioner. The commissioner shall 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 shall 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