HB 1676-FN – AS INTRODUCED
2010 SESSION
08/03
HOUSE BILL 1676-FN
AN ACT requiring certification of road salt applicators.
SPONSORS: Rep. Crisler, Rock 4
COMMITTEE: Resources, Recreation and Development
This bill requires the certification of commercial road salt applicators.
This bill also limits the liability of landowners who employ winter maintenance best practices.
This bill is a request of the department of environmental services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2275
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT requiring certification of road salt applicators.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Salt Application Controls. Amend RSA by inserting after chapter 488 the following new chapter:
CHAPTER 489
489:1 Definitions. In this chapter:
I. “Commercial applicator” means any individual who uses or supervises the use of salt, other than a private applicator as defined in paragraph IV of this section.
II. “Commissioner” means the commissioner of environmental services.
III. “Department” means the department of environmental services.
IV. “Private applicator” means an individual who uses or supervises the use of salt for the purpose of winter roadway, parking lot, or sidewalk maintenance on property owned or rented by the individual or his or her employer.
V. “Salt” means any substance containing chloride that is applied to the ground or to a paved surface for the purpose of winter maintenance of roadways, parking lots, or sidewalks, including sodium chloride, calcium chloride, magnesium chloride, or any other substance containing chloride.
489:2 Certification Required. Commercial applicators shall be annually certified by the department prior to application of salt or salt alternative to any surface. Annual certificates shall be issued and fees shall be collected by the department.
489:3 Authority. The commissioner shall adopt rules pursuant to RSA 541-A, relative to:
I. Policies and goals relative to the use of salt for winter maintenance of roads, parking lots, and sidewalks.
II. Receiving and allocating federal grants and other funds or gifts for the purpose of carrying out any of the functions of this chapter.
III. The types and frequency of training programs required for certification.
IV. Procedures for commercial applicators to obtain certification.
V. Setting and collecting fees to cover the cost of program implementation.
VI. Recordkeeping required for commercial applicators to maintain certification.
489:4 Application for Certification.
I. Applications for certification shall be on a form prescribed by the department and shall include the following:
(a) The full name and address of the person applying for the certification.
(b) The name and address of a person whose domicile is in the state, and who is authorized to receive and accept services of summonses and legal notice of all kinds for the applicant.
(c) The type of apparatus used to apply salt or salt alternative whether liquid or dry.
(d) Any other information deemed necessary by the department.
II. Fees collected from applicants for certification as commercial applicators under this chapter shall be deposited in the salt application fund.
III. There is hereby established the salt application fund. This nonlapsing, revolving fund shall be used to carry out the implementation of the certification of road salt applicators as specified by this chapter. Certification fees collected by the department shall be deposited with the state treasurer to the credit of said fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund.
489:5 Prohibited Acts. It shall be unlawful for any commercial applicator to apply salt to any paved surface without holding a valid and current applicator certificate.
489:6 Administration and Enforcement.
I. The commissioner shall arrange for the administration and enforcement of the provisions of this chapter and the administrative rules of the department.
II. The department may issue an order to any person in violation of any provision of this chapter, a permit or certificate of registration issued under this chapter, or a rule adopted under this chapter, to cease and desist from any act in violation of such provision, certification, or rule. Orders of the department under this section shall be effective immediately.
III. The commissioner, after notice and hearing pursuant to RSA 541-A, shall impose an administrative fine of up to $5,000 for each offense upon any person who violates this chapter. Rehearings and appeals relating to such fines shall be governed by RSA 541.
2 New Section; Limited Liability for Winter Maintenance by Private Parking Lot Owners. Amend RSA 508 by inserting after section 21 the following new section:
508:22 New Section; Liability Limited; Winter Maintenance.
I. No owner, occupant, or lessee of land shall be liable for damages arising from insufficiencies or hazards on any premises owned, occupied, maintained, or operated by them, even with actual notice thereof, when such hazards are caused solely by snow or ice, and the owner, occupant or lessee’s failure or delay in removing or mitigating such hazards is the result of its implementation, absent gross negligence or reckless disregard of the hazard, of best management practices for winter road and parking lot maintenance recommended by the department of transportation and the department of environmental services. All owners, occupants, or lessees who adopt best management practices for winter maintenance recommended by the department of transportation and the department of environmental services shall be presumed to be acting pursuant to the best management practices in the absence of proof to the contrary.
II. In order to receive the liability protection provided in paragraph I, an owner, occupant, or lessee of land shall keep a written record describing its winter road, parking lot, and property maintenance practices. The written record shall 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. Such records shall be kept for a period of 3 years.
3 New Subparagraph; Salt Application Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (299) the following new subparagraph:
(300) Moneys deposited in the salt application fund under RSA 489:4.
4 Effective Date. This act shall take effect July 1, 2010.
LBAO
10-2275
Revised 12/28/09
HB 1676 FISCAL NOTE
AN ACT requiring certification of road salt applicators.
FISCAL IMPACT:
The Department of Environmental Services states this bill will increase state restricted expenditures by $60,380 in FY 2011, $94,955 in FY 2012, $99,030 in FY 2013 and $103,371 in FY 2014 and increase state restricted revenue by $110,000 in FY 2012 and each year thereafter. The Department of Transportation states this bill will increase state expenditures and revenue by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on county and local expenditures and revenue.
METHODOLOGY:
The Department of Environmental Services states this bill will require certification of road salt applicators. The Department states it will need to hire one full-time staff person (environmentalist IV, LG 27) and an intern to implement the certification program. The intern would be at a LG 8 and hired for approximately 10 weeks each year. The Department assumes it will not hire staff until six months after bill takes effect and the revenue from fees will not start until FY 2012. The start-up costs and ongoing supervisory costs are assumed to be absorbed by the Department. The following are the costs for the two positions
FY 2011 |
FY 2012 |
FY 2013 |
FY 2014 | |
Environmentalist IV (LG 27) |
$24,385 |
$49,843 |
$52,027 |
$54,318 |
Intern (LG 8, 10 weeks) |
3,889 |
3,889 |
3,889 |
3,889 |
Benefits |
19,506 |
25,623 |
27,514 |
29,564 |
Current Expenses |
5,000 |
10,000 |
10,000 |
10,000 |
Equipment |
3,000 |
0 |
0 |
0 |
Office Space |
3,600 |
3,600 |
3,600 |
3,600 |
Travel |
1,000 |
2,000 |
2,000 |
2,000 |
Total |
$60,380 |
$94,955 |
$99,030 |
$103,371 |
The Department assumes the fee for the certification will be at $100. The Department estimates there are 220 snow removal companies with an average of 5 operators per company. Starting in FY 2012, revenue would be $110,000 (220 companies * 5 operators * $100 certification fee). All revenue collected would be deposited into a newly created salt application fund and used for the salt certification program.
The Department of Transportation states it is not able to determine the fiscal impact of this bill. Revenue can not be estimated as the fees have not been established. The Department states it would also have indeterminable costs associated with the development of the best management practices document. Until the task for developing the best management practices document is better defined through the rule making process, the Department is unable to provide an estimate of the costs.
This bill does not contain an appropriation or authorization for additional positions.