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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1076
Introduced by Brandt, 32; Strommen, 47.
Read first time January 15, 2026
Committee: Natural Resources
A BILL FOR AN ACT relating to the Nebraska Oil and Gas Conservation1
Commission; to amend sections 57-1601 and 57-1620, Reissue Revised2
Statutes of Nebraska; to change penalty provisions relating to the3
Nebraska Geologic Storage of Carbon Dioxide Act; to harmonize4
provisions; and to repeal the original sections.5
Be it enacted by the people of the State of Nebraska,6
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Section 1. Section 57-1601, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
57-1601 Sections 57-1601 to 57-1624 and sections 3 and 4 of this act3
shall be known and may be cited as the Nebraska Geologic Storage of4
Carbon Dioxide Act. 5
Sec. 2. Section 57-1620, Reissue Revised Statutes of Nebraska, is6
amended to read: 7
57-1620 (1) Any person who violates any provision of the Nebraska8
Geologic Storage of Carbon Dioxide Act or any rule, regulation, or order9
of the commission under the act shall be guilty of a Class II10
misdemeanor. Each day that such violation continues shall constitute a11
separate offense. 12
(2) If any person, for the purpose of evading the provisions of the13
act or any rule, regulation, or order of the commission under the act,14
makes or causes to be made any false entry or statement in a report15
required by the act or by any such rule, regulation, or order, makes or16
causes to be made any false entry in any record, account, or memorandum17
required by the act or by any such rule, regulation, or order, or removes18
from this state or destroys, mutilates, alters, or falsifies any such19
record, account, or memorandum, such person shall be guilty of a Class II20
misdemeanor. 21
(3) Any person who knowingly and willfully violates any provision of22
the act or any rule, regulation, or order of the commission shall be23
guilty of a Class I misdemeanor. 24
(4) Any person who knowingly and willfully commits any of the25
following offenses shall be guilty of a Class I misdemeanor:26
(a) Making any false statement, representation, or certification in27
any application, report, plan, or other document required to be filed or28
maintained by the rules or regulations adopted by the commission; or29
(b) Falsifying, tampering with, or rendering inaccurate any30
monitoring device or method used or required for compliance with any31
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permit or the rules or regulations adopted and promulgated by the1
commission. 2
(5) (3) Any person who knowingly aids or abets any other person in3
the violation of any provision of the act or any rule, regulation, or4
order of the commission under the act shall be subject to the same5
penalty as that prescribed by the act for the violation by such other6
person. 7
(6) (4) The penalties provided in this section shall be recoverable8
by suit filed by the Attorney General in the name and on behalf of the9
commission, in the district court of the county in which the defendant10
resides, or in which any defendant resides if there be more than one11
defendant, or in the district court of any county in which the violation12
occurred. The payment of any such penalty shall not operate to relieve a13
person on whom the penalty is imposed from liability to any other person14
for damages arising out of such violation. 15
(7) (5) In determining the amount of the penalty, the court shall16
consider: 17
(a) The nature of the violation, including its circumstances and18
gravity, and the hazard or potential hazard to the public's or a private19
person's health, safety, and economic welfare; 20
(b) The economic or environmental harm caused by the violation;21
(c) The economic value or other advantage gained by the person22
committing the violation; 23
(d) The history of previous violations; 24
(e) The amount necessary to deter future violations;25
(f) Efforts to correct the violation; and 26
(g) Other matters justice requires. 27
Sec. 3. (1) In addition to the penalties prescribed in section28
57-1620 and section 4 of this act, whenever it appears that any person is29
violating or threatening to violate any provision of the Nebraska30
Geologic Storage of Carbon Dioxide Act, any rule, regulation, or order of31
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the commission, or any term, condition, or limitation of any permit1
issued pursuant to such act, rule, regulation, or order, such person may2
be subject to a civil penalty imposed by the commission. The civil3
penalty shall be at least two thousand five hundred dollars per day, not4
to exceed ten thousand dollars per day. 5
(2) Proceedings before the commission may be instituted upon motion6
by the commission or by any interested person to: 7
(a) Assess or recover civil penalties; 8
(b) Revoke, suspend, modify, or limit any permit issued by the9
commission to such person; or 10
(c) Impose by order such other conditions as the commission11
determines appropriate. 12
The commission shall establish and maintain procedures for receiving13
and ensuring proper consideration of information received from the public14
about violations of any provision of the act or any rule, regulation, or15
order of the commission. 16
(3) No civil penalty shall be imposed until written notice is sent17
pursuant to subsection (4) of this section and a period of ten days has18
elapsed in which the person may come into compliance if possible. If any19
violation is a continuing one, each day a violation continues after such20
ten-day period shall constitute a separate violation for the purpose of21
computing the applicable civil penalty and the amount of the penalty22
shall be based on the severity of the violation. Civil penalties23
assessed, sought, or agreed upon by the commission under this subsection24
shall be appropriate to the violation considering the factors listed in25
subsection (7) of section 57-1620. The commission may compromise,26
mitigate, or remit such penalties. 27
(4) Whenever the commission intends to impose a civil penalty under28
this section, the commission shall notify the person in writing (a)29
setting forth the date, facts, and nature of each violation with which30
the person is charged, (b) specifically identifying the particular31
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provision or provisions of the section, rule, regulation, order, or1
permit involved in the violation, and (c) specifying the amount of each2
penalty which the commission intends to impose. Such written notice shall3
be sent by registered or certified mail to the last-known address of such4
person. The notice shall also advise such person of his or her right to a5
hearing and that failure to pay any civil penalty subsequently imposed by6
the commission will result in a civil action by the commission to collect7
such penalty. The person so notified may, within thirty days of receipt8
of such notice, submit a written request for a hearing to review any9
penalty to be imposed by the commission. A hearing shall be held in10
accordance with the Administrative Procedure Act, and any person upon11
whom a civil penalty is subsequently imposed may appeal such penalty12
pursuant to such act. On the request of the commission, the Attorney13
General or county attorney may institute a civil action to collect a14
penalty imposed pursuant to this section. 15
(5) The commission shall, within thirty days from receipt, remit any16
collected civil penalty to the State Treasurer for credit to the Carbon17
Dioxide Storage Facility Administrative Fund. Any civil penalty assessed18
under this section that remains unpaid for more than sixty days after the19
issuance of the decision of the commission shall constitute a debt to the20
state which may be collected in the same manner as a lien foreclosure or21
sued for and recovered in any proper form of action in the name of the22
state in the district court of the county in which the person resides or23
owns property. 24
Sec. 4. In addition to the penalties prescribed under section25
57-1620 and section 3 of this act, the commission, upon receipt of26
information that any person is violating or threatening to violate any27
provision of the Nebraska Geologic Storage of Carbon Dioxide Act by28
engaging in any unauthorized activity which is endangering or causing29
damage to public health or the environment, is authorized to restrain30
immediately and effectively any such person. The commission may restrain31
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such person by its own order or by suit filed by the Attorney General in1
the name and on behalf of the commission, in the district court of the2
county in which the defendant resides, or in which any defendant resides3
if there be more than one defendant, or in the district court of any4
county in which the violation occurred. 5
Sec. 5. Original sections 57-1601 and 57-1620, Reissue Revised6
Statutes of Nebraska, are repealed. 7
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