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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1227
Introduced by Andersen, 49; Clouse, 37; Kauth, 31; Lonowski, 33;
Sorrentino, 39.
Read first time January 21, 2026
Committee: Urban Affairs
A BILL FOR AN ACT relating to energy; to amend sections 81-1618 and1
81-2125, Reissue Revised Statutes of Nebraska, and section 71-6406,2
Revised Statutes Supplement, 2025; to change requirements for a3
county, city, or village to adopt local energy codes or to adopt or4
enforce local electrical codes; to define a term; to harmonize5
provisions; and to repeal the original sections.6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Section 71-6406, Revised Statutes Supplement, 2025, is1
amended to read: 2
71-6406 (1)(a) Any county, city, or village may enact, administer,3
or enforce a local building or construction code if or as long as such4
county, city, or village: 5
(i) Adopts the state building code; or 6
(ii) Adopts a building or construction code that conforms generally7
with the state building code. 8
(b) If a county, city, or village does not adopt a code as9
authorized under subdivision (a) of this subsection within two years10
after an update to the state building code, the state building code shall11
apply in the county, city, or village, except that such code shall not12
apply to construction on a farm or for farm purposes.13
(2) A local building or construction code shall be deemed to conform14
generally with the state building code if it: 15
(a) Adopts a special or differing building standard by amending,16
modifying, or deleting any portion of the state building code in order to17
reduce unnecessary costs of construction, increase safety, durability, or18
efficiency, establish best building or construction practices within the19
county, city, or village, or address special local conditions within the20
county, city, or village; 21
(b) Adopts any supplement, new edition, appendix, or component or22
combination of components of the state building code;23
(c) Adopts any of the following: 24
(i) Section 305 or 310 of the 2018 edition of the International25
Building Code without the exceptions described in subdivision (1)(a) of26
section 71-6403; 27
(ii) Section 101.4.3 or any portion of chapter 29 of the 201828
edition of the International Building Code; 29
(iii) Section R313 or any portion of chapters 25 through 33 of the30
2018 edition of the International Residential Code; or31
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(iv) Section 809 of the 2018 edition of the International Existing1
Building Code; 2
(d) Adopts a plumbing code, an electrical code, a fire prevention3
code, or any other standard code as authorized under section 14-419,4
15-905, 18-132, or 23-172; 5
(e) Adopts a local energy code as authorized under section 81-1618;6
or 7
(f) Adopts minimum standards for radon resistant new construction8
which meet the minimum standards adopted under section 76-3504.9
(3) A local building or construction code shall not be deemed to10
conform generally with the state building code if it:11
(a) Includes a prior edition of any component or combination of12
components of the state building code; or 13
(b) Does not include minimum standards for radon resistant new14
construction that meet the minimum standards adopted under section15
76-3504. 16
(4) A county, city, or village shall notify the Department of Water,17
Energy, and Environment if it amends or modifies its local building or18
construction code in such a way as to delete any portion of (a) chapter19
13 of the 2018 edition of the International Building Code or (b) chapter20
11 of the 2018 edition of the International Residential Code. The21
notification shall be made within thirty days after the adoption of such22
amendment or modification. 23
(5) A county, city, or village shall not adopt or enforce a local24
electrical code that provides standards that are different than those25
prescribed by the State Electrical Board pursuant to the State Electrical26
Act, except that a county, city, or village may provide for the27
inspection of electrical installations by a certified electrical28
inspector. 29
(6) (5) A county, city, or village shall not adopt or enforce a30
local building or construction code other than as provided by this31
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section. 1
(7) (6) A county, city, or village which adopts or enforces a local2
building or construction code under this section shall regularly update3
its code. For purposes of this section, a code shall be deemed to be4
regularly updated if the most recently enacted state building code or a5
code that conforms generally with the state building code is adopted by6
the county, city, or village within two years after an update to the7
state building code. 8
(8) (7) A county, city, or village may adopt amendments for the9
proper administration and enforcement of its local building or10
construction code including organization of enforcement, qualifications11
of staff members, examination of plans, inspections, appeals, permits,12
and fees. Any amendment adopted pursuant to this section shall be13
published separately from the local building or construction code. Any14
local building or construction code adopted under subdivision (1)(a) of15
this section or the state building code if applicable under subdivision16
(1)(b) of this section shall be the legally applicable code regardless of17
whether the county, city, or village has provided for the administration18
or enforcement of its local building or construction code under this19
subsection. 20
(9) (8) A county, city, or village which adopts one or more standard21
codes as part of its local building or construction code under this22
section shall keep at least one copy of each adopted code, or portion23
thereof, for use and examination by the public in the office of the clerk24
of the county, city, or village prior to the adoption of the code and as25
long as such code is in effect. 26
(10) (9) Notwithstanding the provisions of the Building Construction27
Act, a public building of any political subdivision shall be built in28
accordance with the applicable local building or construction code. Fees,29
if any, for services which monitor a builder's application of codes shall30
be negotiable between the political subdivisions involved, but such fees31
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shall not exceed the actual expenses incurred by the county, city, or1
village doing the monitoring. 2
Sec. 2. Section 81-1618, Reissue Revised Statutes of Nebraska, is3
amended to read: 4
81-1618 (1) Any county, city, or village may adopt and enforce a5
local energy code. Prior to adopting any new local energy codes a county,6
city, or village shall determine whether the new local energy code is7
cost efficient. A county, city, or village shall not adopt a new local8
energy code such county, city, or village determines is not cost-9
efficient. Such local energy code shall be deemed equivalent to the10
Nebraska Energy Code if it does not result in energy consumption greater11
than would result from the strict application of the Nebraska Energy Code12
and is reasonably consistent with the intent of sections 81-1608 to13
81-1626. Any building or portion thereof subject to the jurisdiction of14
and inspected by such county, city, or village shall be deemed to comply15
with sections 81-1608 to 81-1626 if it meets the standards of such local16
energy code. Such county, city, or village may by ordinance or resolution17
prescribe a schedule of fees sufficient to pay the costs incurred18
pursuant to sections 81-1608 to 81-1626. 19
(2) Any county, city, or village which adopts and enforces a local20
energy code may waive a specific requirement of the Nebraska Energy Code21
when meeting such requirement is not economically justified. The local22
code authority shall submit to the department its analysis for23
determining that a specific requirement is not justified. The department24
shall review such analysis and transmit its findings and conclusions to25
the local code authority within a reasonable time. The local code26
authority shall submit to the department its explanation as to how the27
original code or any revised code addresses the issues raised by the28
department. After a local code authority has submitted such explanation,29
the authority may proceed to enforce its local energy code.30
(3) For purposes of this section, cost efficient means that the31
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expected increase in costs to implement the local energy code for new1
buildings is less than the expected energy cost savings in such buildings2
over five years. Expected costs shall be based on the energy impact3
studies published by the Department of Water, Energy, and Environment.4
Sec. 3. Section 81-2125, Reissue Revised Statutes of Nebraska, is5
amended to read: 6
81-2125 (1) State inspection shall not apply within the jurisdiction7
of any county, city, or village which provides by resolution or ordinance8
standards of electrical wiring and its installation that are not less9
than those prescribed by the board or by the State Electrical Act and10
which further provides by resolution or ordinance for the inspection of11
electrical installations within the limits of such subdivision by a12
certified electrical inspector. No person other than the holder of an13
electrical inspector's certificate of qualification shall be appointed to14
act as electrical inspector and to enforce the act as electrical15
inspector and to enforce the act or any applicable resolution or16
ordinance within his or her jurisdiction. A copy of the certificate of17
each electrical inspector shall be provided to the board by the political18
subdivision issuing the certificate. 19
(2) State inspection shall not apply to routine maintenance.20
Sec. 4. Original sections 81-1618 and 81-2125, Reissue Revised21
Statutes of Nebraska, and section 71-6406, Revised Statutes Supplement,22
2025, are repealed. 23
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