Wisconsin lawmakers try again with bill to reduce road salt pollution

• Republican lawmakers are reintroducing a bill to train road salt applicators on salting practices that also protect water quality.
• The bill would shield applicators who have been trained from liability in slip-and-fall lawsuits, a point of contention for Democrats and Gov. Tony Evers.
• Wisconsin’s freshwater is getting saltier, which affects the environment, infrastructure and human health.
• The bill has a short time to make it to the governor’s desk before the Assembly and Senate wrap up their session.

Wisconsin lawmakers are reintroducing a bill that would shield road salt applicators from slip-and-fall lawsuits if they are trained on salting practices that also safeguard water quality.

Gov. Tony Evers vetoed the bill in 2024 after Democrats pulled their support for it, saying the liability shield it created was too broad. Republican Sen. André Jacque of De Pere, who authored the legislation, said the risk that road salt poses to Wisconsin’s fresh water is too serious not to try again.

Salt is a cheap and easy way to melt ice. But in excess, it gets swept into rivers, streams and lakes – and also pollutes drinking water. Chloride, one component of road salt, harms aquatic life and corrodes pipes. Sodium, the other component, has become so prevalent in Wisconsin’s public wells that more than one-third of the wells tested for sodium in the last decade were above the recommended limit for people on low-salt diets.

Sodium and chloride in water can come from a variety of sources, including water softener salt. In colder states, road salt is typically a dominant source.

One coffee mug’s worth of salt is enough to de-ice 10 sidewalk squares. But many people lay down much more with good intentions of preventing others from slipping. On private properties, where as much as half of salting occurs, road salt applicators say they lay down more salt than is necessary because they fear they or the property owner will get sued.

“Once you get salt in [water], it doesn’t really leave easily,” Jacque said. “Unless we start to do things a little bit differently, it’s going to continue to move in that direction.”

More: On a low-salt diet? New data shows water from Wisconsin public wells could be a problem

Bill would grant legal immunity to commercial salt applicators

Like the earlier version, the bill would require the state’s Department of Agriculture, Trade and Consumer Protection to create a program to train commercial salt applicators in snow and ice removal methods that would also protect water quality.

Sweeping up excess salt, calibrating equipment so it doesn’t dump large piles of salt and brining – where salt is mixed with water before being applied to roads – are all methods that can help applicators use less salt, according to Allison Madison, program manager for the salt pollution awareness coalition Wisconsin Salt Wise.

Commercial applicators who voluntarily complete the training, pass an exam and become registered with the department would not be held liable for damages caused by snow and ice provided they used the de-icing methods they were trained on. That protection also applies to the owner of the property that contracted with the applicator.

Many states have programs that help road salt applicators learn safer salting practices. But only one, New Hampshire, includes the limited liability aspect. That law passed in 2013.

Liability shield remains a sticking point for trial lawyers

Wisconsin Democrats who supported the original bill, including Senate Minority Leader Dianne Hesselbein of Middleton and Sen. Mark Spreitzer of Beloit, backed away after an amendment that strengthened its liability shields. Hesselbein’s office said at the time that the change made the legislation “less about salt reduction and the environment and instead [enacted] more unnecessary liability shields.”

The Wisconsin Association for Justice, an association of trial lawyers, was the only organization to register against the bill and spent nearly 290 hours lobbying on the matter between 2023 and 2024, state lobbying records show.

In a Feb. 4 memo seeking cosponsorship of the reintroduced bill, Jacque and Assembly cosponsor Rep. Elijah Behnke, R-Crivitz, said it incorporates changes “following negotiations with the Wisconsin Association of Justice.”

The new version of the bill requires that salt applicators show proof that they’ve completed the training and are currently registered in the program to claim immunity from liability, Jacque said. It’s meant to assuage trial lawyers’ concerns that anyone could falsely claim they’d completed the training and be shielded from liability.

However, in a Feb. 5 letter, Jim Rogers, government affairs director for the Wisconsin Association for Justice, said his organization has not spoken to Jacque or his staff in nearly a year.

“WAJ does not support this bill nor were we given the opportunity to evaluate its language before it was circulated with the false claims about our position,” Rogers wrote.

The bill’s path forward

Spreitzer declined to comment and Hesselbein’s office did not respond to a request for comment on whether they would support the reintroduced bill.

Madison of Wisconsin Salt Wise said she was surprised the bill was being introduced now.

More: Wisconsin waters have a road salt problem. Here’s what to know, and how to help.

“I’m always happy to see this issue be discussed,” she said, but added that its path forward seems challenging.

Her organization is still making headway. Last year, Wisconsin Salt Wise trained more than 900 people from municipalities and commercial snow and ice removal companies on safe salting methods, according to its annual report.

Madeline Heim covers health and the environment for the Milwaukee Journal Sentinel. Contact her at 920-996-7266 or mheim@gannett.com.