as introduced - 91st Legislature (2019 - 2020) Posted on 02/24/2020 04:32pm
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:
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For purposes of this section, the following terms have the
meanings given:
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(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;
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(2) "commercial applicator'' means an individual who applies deicer for hire, but does
not include a municipal, state, or other government employee;
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(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
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(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.
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(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 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.
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(b) The commissioner must provide additional training under this section for certified
commercial applicators renewing their certification after their initial training and certification.
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(c) The commissioner must provide the training and testing module at locations statewide
and may make the recertification training available online.
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(d) The commissioner must annually post the best management practices and a list of
certified commercial applicators on the agency's website.
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(e) The commissioner may charge a fee of up to $350 per certified applicator for the
training or recertification under this section.
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(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.
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(b) Nothing in paragraph (a) prevents or limits the liability of a certified commercial
applicator or owner if the certified commercial applicator or owner:
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(1) commits an act or omission that constitutes 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;
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(2) has actual knowledge or reasonably should have known of a dangerous condition on
the real estate of the owner maintained by the certified commercial applicator;
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(3) intentionally injures an entrant on real estate of the owner that is maintained by the
certified applicator; or
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(4) fails to comply with the best management practices for snow and ice removal and
deicer application approved by the commissioner.
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(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.
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A certified commercial applicator must maintain the following
records as part of the best management practices approved by the commissioner:
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(1) a copy of the applicator's certification approved by the commissioner and any
recertification;
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(2) evidence of passing the examination approved by the commissioner;
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(3) copies of the winter maintenance assessment tool requirements developed by the
commissioner; and
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(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.
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The commissioner may revoke or decline to renew the certification
of a commercial applicator who violates this section or rules adopted under this section.
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Nothing in this section affects municipal liability under
section 466.03.
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This section is effective August 1, 2019, and applies to claims
arising on or after that date.
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