Committee finds S218 favorable after review of voluntary ANR salt-applicator training program

The Ways & Means committee reviewed S218 on April 2, hearing from Legislative Council and the Joint Fiscal Office about a voluntary training and certification program the bill would establish at the Agency of Natural Resources to reduce chloride contamination of state waters.

Michael Grady of Legislative Council told the committee the bill is largely similar to last year's H86 and would create a voluntary program for commercial salt applicators. Grady said ANR would adopt best management practices (BMPs) for salt and salt alternatives, offer training once BMPs are in rule, and certify applicators for two-year terms. "The purpose of this bill is to address water quality impairments caused by chloride," Grady said, noting nine waters in the state currently do not meet chloride water-quality standards.

Under the bill as explained to the committee, certified commercial applicators who complete the training would receive an affirmative defense against claims for damages resulting from hazards caused by snow or ice where the damages were due solely to snow or ice and any failure or delay was due to implementation of the BMPs; the defense would not apply in cases of gross negligence or reckless disregard. Grady distinguished the bill's affirmative defense from the broader immunity language considered in prior drafts, explaining that an affirmative defense requires the defendant to assert compliance at pleading and does not foreclose a plaintiff from bringing suit.

The bill would also require certified applicators to submit an annual report on total winter salt use so the state can estimate usage and trends. Municipal applicators could obtain comparable protections if they complete annual training through the Vermont Local Roads curriculum administered by the Agency of Transportation (AOT); businesses employing multiple applicators could be designated as "masters" to train staff internally.

Grady said an earlier requirement that municipal salt sheds be covered was removed after stakeholder concern; instead the bill directs ANR to report on which sheds might need covering or relocation and provide estimated costs. "It is just a report," Grady said, describing the change from a mandate to a planning and cost-estimate requirement.

James of the Joint Fiscal Office told the committee that without an FY27 general fund appropriation, the vast majority of the bill's implementation would be dormant. "Without an appropriation only one thing happens," James said, summarizing the fiscal note: ANR would still be required to develop a report on uncovered salt and sand storage facilities, but staffing, training delivery and fee collection would not occur until funding is provided. He added that if implemented agencies estimate permanent FTEs would be needed and that the fiscal note contains agency estimates for those costs; any fee structure recommended by ANR or a third-party vendor would require legislative approval.

Committee members asked clarifying questions about whether transportation committees had seen the bill, how fees would be handled, and whether municipal, state and private facilities were covered; Grady and James confirmed the bill focuses on state and municipal facilities and that fee authority would flow back to the General Assembly for approval.

Representative Wazac moved that the committee find S218 favorable, and Representative Maslin seconded. The clerk called the roll; the transcript records the result as "9-2" in favor. The roll call recorded individual yea and nay responses for several members, though the transcript text contains some inconsistent name spellings and does not present a fully legible list of every vote in sequence.

The committee recessed until 2:30 p.m., when another participant (Beth) was expected to join the meeting.

The bill text places contingent implementation language in sections that make much of the program dependent on future appropriations; if funding is provided, ANR would adopt BMPs, establish training and certification pathways, and recommend fee structures to the legislature. If no appropriation is made in FY27, the immediate deliverable is the ANR report on uncovered salt and sand storage facilities and estimated costs to mitigate risks to nearby waters.