1 New Paragraph; Municipal Winter Maintenance Certification Program. Amend RSA 489-C:1 by inserting after paragraph IV the following new paragraph:

IV-a. "Municipal winter maintenance certification program" means a program implemented by a governmental unit as defined in RSA 507-B:1, I to maintain public roads, parking areas, and walkways in the winter months to be safe for public passage.

2 Commercial Applicators; Certification Option. Amend RSA 489-C:2 to read as follows:

489-C:2 Certification Option.

Commercial applicators may elect to be annually certified by the department. Applicator certificates shall be issued by the department .

Any business that employs multiple commercial applicators may obtain a master certificate for the owner or chief supervisor, and commercial applicators employed by the business may obtain certificates to qualify under the master certificate. Any business holding a master certificate shall ensure that all commercial applicators operating under its master certificate receive the required training and shall provide the required recordkeeping on behalf of all commercial applicators .

Annual fees for certificates obtained under a master certificate shall be significantly less than the fees for a master certificate.

3 New Section; Municipal Winter Maintenance Certification Program Option. Amend RSA 489-C by inserting after section 2 the following new section:

489-C:2-a Municipal Winter Maintenance Certification Program Option.

I. Any governmental unit that has a municipal winter maintenance program may elect to have the program certified by the department. Municipal winter maintenance certification program certificates shall be issued by the department and may be renewed annually.

II. Any governmental unit holding a municipal winter maintenance program certificate shall ensure that each applicator operating under its certificate receives the required training approved by the department and shall provide record keeping on behalf of all applicators working under the municipal winter maintenance certificate. A governmental unit may meet the training requirement by requiring its employees to obtain commercial applicator individual certificates.

III. The department may create more than one class of certificate to recognize different complexity levels of municipal winter maintenance programs. If such classes are created, the department shall, through rules adopted pursuant to RSA 541-A, identify the criteria, required record keeping, and other requirements as may apply to each level.

IV. The department shall charge an annual fee for a winter maintenance program certificate.

4 Rulemaking; Salt Applicator Certification. Amend RSA 489-C:3, V to read as follows:

V. Recordkeeping required for commercial applicators to maintain certification .

5 New Paragraph; Rulemaking; Salt Applicator Licenses. Amend RSA 489-C:3 by inserting after paragraph VI the following new paragraph:

VII. Procedures for governmental units to obtain certification for their municipal winter maintenance programs.

6 Snow, Ice, and Other Weather Hazards. Amend RSA 507-B:2-b to read as follows:

507-B:2-b Snow, Ice, and Other Weather Hazards. Notwithstanding RSA 507-B:2, a governmental unit shall not be liable for damage arising from insufficiencies or hazards on any premises owned, occupied, maintained, or operated by it, even if it has actual notice of them, when such hazards are caused solely by snow, ice, or other inclement weather, and the governmental unit'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 a winter or inclement weather maintenance policy or set of priorities with respect to such premises, adopted in good faith by the official responsible for such policy. All governmental units, officials, and agents shall be presumed to be acting pursuant to such a policy or set of priorities in the absence of proof to the contrary.

7 Effective Date. This act shall take effect July 1, 2020.

1 New Paragraph; Municipal Winter Maintenance Certification Program. Amend RSA 489-C:1 by inserting after paragraph IV the following new paragraph:

IV-a. "Municipal winter maintenance certification program" means a program implemented by a governmental unit as defined in RSA 507-B:1, I to maintain public roads, parking areas, and walkways in the winter months to be safe for public passage.

2 Commercial Applicators; Certification Option. Amend RSA 489-C:2 to read as follows:

489-C:2 Commercial Applicator Certification Option.

I. Commercial applicators may elect to be certified by the department. Applicator certificates shall be issued by the department and may be renewed annually .

II. Any business that employs multiple commercial applicators may obtain a master certificate for the owner or chief supervisor, and commercial applicators employed by the business may obtain either an individual certificate or a subordinate certificate to qualify under the master certificate. Any business holding a master certificate shall ensure that all commercial applicators operating with a subordinate certificate under its master certificate receive the required training and shall provide the required recordkeeping on behalf of all commercial applicators working under the master certificate .

III. The department shall charge an annual fee for master, individual, and subordinate certificates. Annual fees for a subordinate certificate obtained under a master certificate shall be significantly less than the fees for a master certificate. Annual fees for individual certificates shall be higher than the fee for a subordinate certificate but less than the fee for a master certificate.

3 New Section; Municipal Winter Maintenance Certification Program Option. Amend RSA 489-C by inserting after section 2 the following new section:

489-C:2-a Municipal Winter Maintenance Certification Program Option.

I. Any governmental unit that has a municipal winter maintenance program may elect to have the program certified by the department. Municipal winter maintenance certification program certificates shall be issued by the department and may be renewed annually.

II. Any governmental unit holding a municipal winter maintenance program certificate shall ensure that each applicator operating under its certificate receives the required training approved by the department and shall provide record keeping on behalf of all applicators working under the municipal winter maintenance certificate. A governmental unit may meet the training requirement by requiring its employees to obtain commercial applicator individual certificates.

III. The department may create more than one class of certificate to recognize different complexity levels of municipal winter maintenance programs. If such classes are created, the department shall, through rules adopted pursuant to RSA 541-A, identify the criteria, required record keeping, and other requirements as may apply to each level.

IV. The department shall charge an annual fee for a winter maintenance program certificate.

4 Rulemaking; Salt Applicator Certification. Amend RSA 489-C:3, V to read as follows:

V. Recordkeeping and reporting requirements for certificate holders .

5 New Paragraph; Rulemaking; Salt Applicator Licenses. Amend RSA 489-C:3 by inserting after paragraph VI the following new paragraph:

VII. Procedures for governmental units to obtain certification for their municipal winter maintenance programs.

6 Snow, Ice, and Other Weather Hazards. Amend RSA 507-B:2-b to read as follows:

507-B:2-b Snow, Ice, and Other Weather Hazards. Notwithstanding RSA 507-B:2, a governmental unit shall not be liable for damage arising from insufficiencies or hazards on any premises owned, occupied, maintained, or operated by it, even if it has actual notice of them, when such hazards are caused solely by snow, ice, or other inclement weather, and the governmental unit'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 a winter or inclement weather maintenance policy or set of priorities with respect to such premises, adopted in good faith by the official responsible for such policy. All governmental units, officials, and agents shall be presumed to be acting pursuant to such a policy or set of priorities in the absence of proof to the contrary. Municipal winter maintenance programs certified underRSA 489-C:2-a shall be presumed to meet the standards herein for all public roads, parking areas, and walkways in the absence of proof to the contrary.

7 Effective Date. This act shall take effect July 1, 2020.