SF 3199

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/23/2018 08:58am

A bill for an act
relating to environment; establishing certified salt applicator program; limiting
liability; 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 the purpose of this section, the following terms have
the meanings given:
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new text begin (1) "commercial applicator'' means an individual who applies or supervises others who
apply deicer for hire, but does not include a municipal, state, or other government employee;
and
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new text begin (2) "deicer'' means any substance used to melt snow and ice, or used for its anti-icing
effects, on surfaces traveled by pedestrians and vehicles.
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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 support a training program that promotes
best management practices for deicer application and allows commercial applicators to
obtain certification as a water-friendly applicator. The commissioner must certify a
commercial applicator who has successfully completed the program as a water-friendly
applicator for a period to be determined by the commissioner.
new text end

new text begin (b) The commissioner must allow additional training under this section for those renewing
the certification after their initial training has expired.
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new text begin (c) The commissioner must provide the training and testing module at locations statewide
and online.
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new text begin (d) The commissioner must post the best management practices and a list of certified
commercial applicators on the agency's Web site.
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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; the owner,
occupant, or lessee of real property maintained by a certified commercial applicator; or an
employee of that owner, occupant, or lessee who is certified under this section, is not civilly
liable for any claim based on a snow or ice condition arising out of the implementation of
the best management practices developed by the commissioner under this section even if
there is actual notice of the snow or ice condition, except when the snow or ice condition
is affirmatively caused by the willful or reckless acts of the certified commercial applicator,
or the employee of the owner, occupant, or lessee who is certified under this section.
Commercial applicators certified under this section; the owner, occupants, or lessees of real
property maintained by a certified commercial applicator; and an employee of that owner,
occupant, or lessee who is certified under this section are presumed to be acting pursuant
to the best management practices developed by the commissioner under this section.
new text end

new text begin (b) To receive the immunity protection provided in paragraph (a), and not for any other
purpose, the commercial applicator or the employee of the owner, occupant, or lessee, must
have a current certification, pass an exam, complete the winter maintenance assessment
tool requirements of the training program, and 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 deicing materials 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.
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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 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.
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new text begin Subd. 5. new text end

new text begin Relation to other law. new text end

new text begin Nothing in this section shall be construed to affect
municipal liability under section 466.03.
new text end