SF 3199

as introduced - 90th Legislature (2017 - 2018) Posted on 03/22/2018 08:25am

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:
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 (a) The
commissioner of the Pollution Control Agency must support a training program that promotes
best management practices for salt 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.
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 or an employee of that
owner, occupant, or lessee 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 negligence, 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, the owner, occupant, or lessee of land, or an employee of that owner, occupant,
or lessee must have a current certification, pass an exam, and complete the winter
maintenance assessment tool requirements developed by the commissioner and 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 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 two 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