The official site of the Nebraska Unicameral Legislature

LEGISLATIVE BILL 759
Approved by the Governor April 7, 2026

Introduced by Brandt, 32.

A BILL FOR AN ACT relating to law; to amend sections 13-2041, 54-2428, 57-1601,
57-1620, 81-1505, 81-1532, 81-1586, 81-1587, 81-15,102, 81-15,123,
81-15,124.01, 81-15,124.02, 81-15,196, 81-15,261, 81-15,265, 81-15,267,
81-15,268, 81-15,270, 81-15,273, 81-15,274, 81-15,275, 81-15,277,
81-15,288, 81-15,289, and 81-15,291, Reissue Revised Statutes of Nebraska,
and sections 46-606, 46-1217, 58-712, 61-303, 73-813, 81-502, 81-1561,
81-15,262, 81-15,263, 81-15,299, 81-15,300, 81-15,313, and 81-15,315,
Revised Statutes Supplement, 2025; to change provisions relating to the
Integrated Solid Waste Management Cash Fund; to change fees for water
wells, livestock waste control, pollutant discharge, and hazardous waste
regulation; to change the membership of the Water Well Standards and
Contractors' Licensing Board; to change penalty and enforcement provisions
relating to the Nebraska Geologic Storage of Carbon Dioxide Act; to
harmonize references regarding the Department of Water, Energy, and
Environment with changes made by Laws 2025, LB317; to provide for entry
upon property under the Perkins County Canal Project Act; to create the
Water Quality and Quantity Cash Fund; to change provisions relating to the
allocation and distribution of funds from the Nebraska Litter Reduction
and Recycling Fund; to change and eliminate provisions regarding authority
of the Department of Water, Energy, and Environment relating to the
regulation of swimming pools, recreation camps, and mobile home parks; to
require local governments to regulate swimming pools, recreation camps,
and mobile home parks; to eliminate provisions relating to a private water
supply and private sewage disposal facilities; to terminate the
Environmental Safety Cash Fund; to eliminate obsolete provisions; to
harmonize provisions; to provide operative dates; to repeal the original
sections; to outright repeal sections 81-15,266, 81-15,269, 81-15,272,
81-15,276, 81-15,280, 81-15,281, 81-15,282, 81-15,283, 81-15,284,
81-15,285, 81-15,286, 81-15,287, and 81-15,290, Reissue Revised Statutes
of Nebraska, and section 81-15,292, Revised Statutes Supplement, 2025; and
to declare an emergency.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 13-2041, Reissue Revised Statutes of Nebraska, is
amended to read:
13-2041 There is hereby created the Integrated Solid Waste Management Cash
Fund. All fees collected by the department pursuant to this section , fees
collected pursuant to subdivision (13)(c) of section 81-1505, or fees
designated pursuant to section 13-2042 , or money forfeited under subsection
(21) of section 81-1505 shall be remitted to the State Treasurer for credit to
the fund. Forfeited funds may only be used for purposes specified in the
underlying financial assurance instrument. Any money in the fund available for
investment shall be invested by the state investment officer pursuant to the
Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
The council shall adopt and promulgate rules and regulations establishing
a fee schedule to be paid to the department by persons applying for a permit to
operate a facility pursuant to the Integrated Solid Waste Management Act or the
Environmental Protection Act. Payment shall be made in full to the department
before the application is processed.
By October 1 of each year, any person holding a permit under the
Integrated Solid Waste Management Act or to operate a solid waste management
facility under the Environmental Protection Act shall pay an annual fee in an
amount to be determined by the council. The annual fee shall be sufficient to
cover the costs of ongoing permit considerations. The fees collected pursuant
to this section shall not exceed the amount necessary to pay reasonable costs
of administering the permit program pursuant to the Integrated Solid Waste
Management Act or the Environmental Protection Act.
Fees collected pursuant to subdivision (13)(c) of section 81-1505 shall be
used by the department to implement the rules and regulations adopted and
promulgated pursuant to subsection (13) of section 81-1505. The State Treasurer
shall transfer one million three hundred eighty-four thousand four hundred
eighty-four dollars from the Integrated Solid Waste Management Cash Fund to the
Superfund Cost Share Cash Fund on or before June 1, 2006.
Sec. 2. Section 46-606, Revised Statutes Supplement, 2025, is amended to
read:
46-606 (1) The department shall collect in advance a registration fee of
two hundred forty dollars and the fee required by subsection (3) of section
46-1224 for each water well registered under section 46-602 except as provided
in subsections (2) through (5) of this section.
(2) For water wells permitted pursuant to the Industrial Ground Water
Regulatory Act, the department shall collect in advance a registration fee of
two hundred forty dollars and the fee required by subsection (3) of section
46-1224 for each of the first ten such water wells registered under section
LB759
2026
LB759
2026
-1-
46-602, and for each group of ten or fewer such water wells registered
thereafter, the department shall collect in advance a registration fee of two
hundred forty dollars and the fee required by subsection (3) of section
46-1224.
(3) For a series of water wells completed for purposes of installation of
a ground heat exchanger for a structure for utilizing the geothermal properties
of the ground, the department shall collect in advance a fee of two hundred
forty dollars for each such series and the fee required by subsection (3) of
section 46-1224.
(4) For water wells constructed as part of a single site plan for
monitoring ground water, obtaining hydrogeologic information, or extracting
contaminants from the ground, the department shall collect in advance a
registration fee of two hundred forty dollars and the fee required by
subsection (3) of section 46-1224 for each of the first five such water wells
registered under section 46-602, and for each group of five or fewer such water
wells registered thereafter, the department shall collect in advance a
registration fee of two hundred forty dollars and the fee required by
subsection (3) of section 46-1224. However, if such water wells are a part of
remedial action approved by the department pursuant to section 66-1525,
66-1529.02, or 81-15,124, the fee set pursuant to this subsection shall be
collected as if only one water well was being registered and the fee required
by subsection (3) of section 46-1224 shall be collected.
(5)(a) For a series of two or more water wells completed and pumped into a
common carrier as part of a single site plan for irrigation purposes, the
department shall collect in advance a registration fee of two hundred forty
dollars and the fee required by subsection (3) of section 46-1224 for each of
the first two such wells registered under section 46-602.
(b) Any additional water wells which are part of a series registered under
this subsection shall not be subject to a new well registration fee.
(6) The department shall remit the fees collected to the State Treasurer
for credit to the appropriate fund. From the registration fees required by
subsections (1) through (5) of this section, the State Treasurer shall credit
to the Department of Water, Energy, and Environment Cash Fund the amount
determined by the department to be necessary to pay for the costs of processing
notices filed pursuant to section 46-230, the costs of water resources update
notices required by section 76-2,124, and the direct and indirect costs to
carry out sections 46-602 and 46-1228 costs for making corrections to water
well registration data authorized by subsections (6) and (7) of section 46-602
and shall credit the remainder of the registration fees required by subsections
(1) through (5) of this section to the Water Well Decommissioning Fund. The
State Treasurer shall credit the fees required by subsection (3) of section
46-1224 to the Water Well Standards and Contractors' Licensing Fund.
Sec. 3. Section 46-1217, Revised Statutes Supplement, 2025, is amended to
read:
46-1217 (1) There is hereby created a Water Well Standards and
Contractors' Licensing Board. The board shall be composed of ten members, six
of whom shall be appointed by the Governor as follows: (a) A licensed water
well contractor representing irrigation water well contractors, (b) a licensed
water well contractor representing domestic water well contractors, (c) a
licensed water well contractor representing municipal and industrial water well
contractors, (d) a licensed pump installation contractor, (e) a manufacturer or
supplier of water well or pumping equipment, and (f) a holder of a license
issued under the Water Well Standards and Contractors' Practice Act employed by
a natural resources district. The chief executive officer of the Department of
Health and Human Services or his or her designated representative, the Director
of Water, Energy, and Environment or his or her designated representative, the
Chief Water Officer or his or her designated representative, and the director
of the Conservation and Survey Division of the University of Nebraska or his or
her designated representative shall also serve as members of the board.
(2) Each member shall be a resident of the state. Each industry
representative shall have had at least five years of experience in the business
of his or her category prior to appointment and shall be actively engaged in
such business at the time of appointment and while serving on the board. Each
member representing a category subject to licensing under the Water Well
Standards and Contractors' Practice Act shall be licensed by the department
pursuant to such act. In making appointments, the Governor may consider
recommendations made by the trade associations of each category.
Sec. 4. Section 54-2428, Reissue Revised Statutes of Nebraska, is amended
to read:
54-2428 (1) Any person required to obtain a National Pollutant Discharge
Elimination System permit for an animal feeding operation or a construction and
operating permit for a livestock waste control facility shall file an
application with the department accompanied by the appropriate fees in the
manner established by the department. The application fee shall be established
by the council with a maximum fee of two hundred dollars. For major
modifications to an application or a permit, the fee shall equal the amount of
the application fee.
(2) On or before March 1, 2006, and each year thereafter, each person who
has a National Pollutant Discharge Elimination System permit or who has a large
concentrated animal feeding operation, as defined in 40 C.F.R. 122 and 123, as
such regulations existed on January 1, 2004, and a state operating permit, a
construction and operating permit, or a construction approval issued pursuant
to the Environmental Protection Act or the Livestock Waste Management Act shall
LB759
2026
LB759
2026
-2-
pay a per head annual fee based on the permitted capacity identified in the
permit for that facility. The department shall invoice each permittee by
February 1, 2006, and February 1 of each year thereafter.
(3) The initial annual fee shall be: Beef cattle, ten cents per head; veal
calves, ten cents per head; dairy cows, fifteen cents per head; swine larger
than fifty-five pounds or larger, four dollars per one hundred head or fraction
thereof; swine less than fifty-five fifty pounds, one dollar per one hundred
head or fraction thereof; horses, twenty cents per head; sheep or lambs, one
dollar per one hundred head or fraction thereof; turkeys, two dollars per one
thousand head or fraction thereof; chickens or ducks with liquid manure
facility, three dollars per one thousand head or fraction thereof; and chickens
or ducks with other than liquid manure facility, one dollar per one thousand
head or fraction thereof. This fee structure may be reviewed in fiscal year
2007-08.
(4) The Beginning in fiscal year 2007-08, the department shall annually
review and adjust the fee structure in this section and section 54-2423 to
ensure that fees are adequate to meet thirty twenty percent of the program
costs from the previous fiscal year. All fees collected under this section and
sections 54-2423, 54-2435, and 54-2436 shall be remitted to the State Treasurer
for credit to the Livestock Waste Management Cash Fund which is created for the
purposes described in the Livestock Waste Management Act. Transfers may be made
from the fund to the General Fund at the direction of the Legislature. Any
money in the Livestock Waste Management Cash Fund available for investment
shall be invested by the state investment officer pursuant to the Nebraska
Capital Expansion Act and the Nebraska State Funds Investment Act.
(5) On or before January 1 of each year, the department shall submit
electronically a report to the Legislature in sufficient detail to document all
direct and indirect costs incurred in the previous fiscal year in carrying out
the Livestock Waste Management Act, including the number of inspections
conducted, the number of animal feeding operations with livestock waste control
facilities, the number of animal feeding operations inspected, the size of the
livestock waste control facilities, the results of water quality monitoring
programs, and other elements relating to carrying out the act. The
Appropriations Committee of the Legislature shall review the report in its
analysis of executive programs in order to verify that the revenue generated
from fees was used solely to offset appropriate and reasonable costs associated
with carrying out the act.
Sec. 5. Section 57-1601, Reissue Revised Statutes of Nebraska, is amended
to read:
57-1601 Sections 57-1601 to 57-1624 and sections 7 and 8 of this act shall
be known and may be cited as the Nebraska Geologic Storage of Carbon Dioxide
Act.
Sec. 6. Section 57-1620, Reissue Revised Statutes of Nebraska, is amended
to read:
57-1620 (1) Any person who violates any provision of the Nebraska Geologic
Storage of Carbon Dioxide Act or any rule, regulation, or order of the
commission under the act shall be guilty of a Class II misdemeanor unless
another penalty is specifically provided for such violation. Each day that such
violation continues shall constitute a separate offense.
(2) If any person, for the purpose of evading the provisions of the act or
any rule, regulation, or order of the commission under the act, makes or causes
to be made any false entry or statement in a report required by the act or by
any such rule, regulation, or order, makes or causes to be made any false entry
in any record, account, or memorandum required by the act or by any such rule,
regulation, or order, or removes from this state or destroys, mutilates,
alters, or falsifies any such record, account, or memorandum, such person shall
be guilty of a Class II misdemeanor.
(3) Any person who knowingly and willfully commits any of the following
offenses shall be guilty of a Class I misdemeanor and subject to the penalties
imposed under section 7 of this act:
(a) Violates any provision of the act or any rule, regulation, or order of
the commission;
(b) Makes any false statement, representation, or certification in any
application, report, plan, or other document required to be filed or maintained
by the rules or regulations adopted and promulgated by the commission; or
(c) Falsifies, tampers with, or renders inaccurate any monitoring device
or method used or required for compliance with any permit or the rules or
regulations adopted and promulgated by the commission.
(4) (3) Any person who knowingly aids or abets any other person in the
violation of any provision of the act or any rule, regulation, or order of the
commission under the act shall be subject to the same penalty as that
prescribed by the act for the violation by such other person.
(5) (4) The penalties provided in this section shall be recoverable by
suit filed by the Attorney General in the name and on behalf of the commission,
in the district court of the county in which the defendant resides, or in which
any defendant resides if there be more than one defendant, or in the district
court of any county in which the violation occurred. The payment of any such
penalty shall not operate to relieve a person on whom the penalty is imposed
from liability to any other person for damages arising out of such violation.
(6) (5) In determining the amount of the penalty, the court shall
consider:
(a) The nature of the violation, including its circumstances and gravity,
and the hazard or potential hazard to the public's or a private person's
LB759
2026
LB759
2026
-3-
health, safety, and economic welfare;
(b) The economic or environmental harm caused by the violation;
(c) The economic value or other advantage gained by the person committing
the violation;
(d) The history of previous violations;
(e) The amount necessary to deter future violations;
(f) Efforts to correct the violation; and
(g) Other matters justice requires.
Sec. 7. (1) In addition to the penalties prescribed in section 57-1620
and section 8 of this act, whenever it appears that any person is violating or
threatening to violate any provision of the Nebraska Geologic Storage of Carbon
Dioxide Act, any rule, regulation, or order of the commission, or any term,
condition, or limitation of any permit issued pursuant to such act, rule,
regulation, or order, such person may be subject to a civil penalty imposed by
the commission. The civil penalty shall be at least two thousand five hundred
dollars per day, not to exceed ten thousand dollars per day.
(2) Proceedings before the commission may be instituted upon motion by the
commission or by any interested person to:
(a) Assess or recover civil penalties;
(b) Revoke, suspend, modify, or limit any permit issued by the commission
to such person; or
(c) Impose by order such other conditions as the commission determines
appropriate.
(3) The commission shall establish and maintain procedures for receiving
and ensuring proper consideration of information received from the public about
violations of any provision of the act or any rule, regulation, or order of the
commission.
(4) No civil penalty shall be imposed until written notice is sent
pursuant to subsection (5) of this section and a period of ten days has elapsed
in which the person may come into compliance if possible. If any violation is a
continuing one, each day a violation continues after such ten-day period shall
constitute a separate violation for the purpose of computing the applicable
civil penalty and the amount of the penalty shall be based on the severity of
the violation. Civil penalties assessed, sought, or agreed upon by the
commission under this subsection shall be appropriate to the violation
considering the factors listed in subsection (6) of section 57-1620. The
commission may compromise, mitigate, or remit such penalties.
(5) Whenever the commission intends to impose a civil penalty under this
section, the commission shall notify the person in writing (a) setting forth
the date, facts, and nature of each violation with which the person is charged,
(b) specifically identifying the particular provision or provisions of the
section, rule, regulation, order, or permit involved in the violation, and (c)
specifying the amount of each penalty which the commission intends to impose.
Such written notice shall be sent by registered or certified mail to the last-
known address of such person. The notice shall also advise such person of his
or her right to a hearing and that failure to pay any civil penalty
subsequently imposed by the commission will result in a civil action by the
commission to collect such penalty. The person so notified may, within thirty
days of receipt of such notice, submit a written request for a hearing to
review any penalty to be imposed by the commission. A hearing shall be held in
accordance with the Administrative Procedure Act, and any person upon whom a
civil penalty is subsequently imposed may appeal such penalty pursuant to such
act. On the request of the commission, the Attorney General or county attorney
may institute a civil action to collect a penalty imposed pursuant to this
section.
(6) The commission shall, within thirty days from receipt, remit any
collected civil penalty to the State Treasurer for distribution in accordance
with Article VII, section 5, of the Constitution of Nebraska. Any civil penalty
assessed under this section that remains unpaid for more than sixty days after
the issuance of the decision of the commission shall constitute a debt to the
state which may be collected in the same manner as a lien foreclosure or sued
for and recovered in any proper form of action in the name of the state in the
district court of the county in which the person resides or owns property.
Sec. 8. In addition to the penalties prescribed under section 57-1620 and
section 7 of this act, whenever it appears to the commission, upon receipt of
information that any person is violating or threatening to violate any
provision of the Nebraska Geologic Storage of Carbon Dioxide Act by engaging in
any unauthorized activity which is endangering or causing damage to public
health or the environment, the commission is authorized to restrain immediately
and effectively any such person. The commission may restrain such person by its
own order, appealable by hearing before the commission, or by suit filed by the
Attorney General in the name and on behalf of the commission, in the district
court of the county in which the defendant resides, or in which any defendant
resides if there be more than one defendant, or in the district court of any
county in which the violation occurred. In any such suit the court shall have
jurisdiction and authority to issue, without bond or other undertaking, such
prohibitory and mandatory injunctions as the facts may warrant.
Sec. 9. Section 58-712, Revised Statutes Supplement, 2025, is amended to
read:
58-712 The Department of Economic Development shall not require any new
construction project or rental conversion project which receives funding from
the Affordable Housing Trust Fund to meet the requirements of section 72-805
related to complying with the International Energy Conservation Code and
LB759
2026
LB759
2026
-4-
obtaining approval of building plans and specifications by the Department of
Water, Energy, and Environment Environment and Energy.
Sec. 10. Section 61-303, Revised Statutes Supplement, 2025, is amended to
read:
61-303 (1) The Department of Water, Energy, and Environment shall have the
necessary authority to develop, construct, manage, and operate the Perkins
County Canal Project consistent with the terms of the South Platte River
Compact and pursuant to the Perkins County Canal Project Act. The department's
powers under the act shall include: (a) Contracting for services, (b) acquiring
permits, (c) acquiring and owning real property, (d) acquiring, holding, and
exercising water rights, (e) employing personnel, (f) accepting grants, loans,
donations, gifts, bequests, or other contributions from any person or entity,
public or private, including any funds made available by any department or
agency of the United States, (g) managing and expending such funds as are made
available to it from the Perkins County Canal Project Fund, and (h) any other
necessary functions consistent with the compact and pursuant to the act in
protecting Nebraska's full entitlement to flows of the South Platte River. For
purposes of the Perkins County Canal Project Act, the Department of Water,
Energy, and Environment is authorized to acquire real estate or access thereto
in the name of the State of Nebraska by the use of eminent domain as provided
under section 76-725. The department is also authorized to resolve all disputes
that may arise, including the initiation or defense of legal actions of any
kind, as necessary to achieve the purposes of the act.
(2)(a) The department shall have the necessary authority to enter upon any
property, after notifying the owner or occupier of such property, to make
surveys, examinations, investigations, studies, geological soil borings, and
tests and to acquire other necessary and relevant data in contemplation of (i)
establishing the location of the Perkins County Canal Project, (ii) acquiring
land, property, permits, and construction materials for the Perkins County
Canal Project, or (iii) performing other operations or activities incident to
the Perkins County Canal Project and pursuant to the Perkins County Canal
Project Act.
(b) Entry upon any property pursuant to this section shall not be
considered to be a legal trespass and no damages shall be recoverable on that
account alone. In the case of any actual or demonstrable damage to the
property, the department shall pay the owner of the property the amount of the
damages. Upon failure of the owner and the department to agree upon the amount
of damages, the owner, in addition to any other available remedy, may file a
petition as provided in section 76-705.
Sec. 11. Section 73-813, Revised Statutes Supplement, 2025, is amended to
read:
73-813 (1) Subject to review by the Director of Administrative Services,
the division shall provide procedures to grant limited exceptions from sections
73-807, 73-815, and 73-816 for:
(a) Sole source contracts, emergency contracts, and contracts when the
price has been established by the federal General Services Administration or
competitively bid by another state or group of states, a group of states and
any political subdivision of any other state, a political subdivision of
another state, or a cooperative purchasing organization on behalf of a group of
states or political subdivisions of other states; and
(b) Other circumstances or specific contracts when any of the requirements
of sections 73-807, 73-815, and 73-816 are not appropriate for or are not
compatible with the circumstances or contract. The division shall provide a
written rationale which shall be kept on file when granting an exception under
this subdivision.
(2) The following types of contracts are not subject to sections 73-807,
73-815, 73-816, and 73-817:
(a) Contracts for services subject to the Nebraska Consultants'
Competitive Negotiation Act;
(b) Contracts for services subject to federal law, regulation, or policy
or state statute, under which a state agency is required to use a different
selection process or to contract with an identified contractor or type of
contractor;
(c) Contracts for professional legal services and services of expert
witnesses, hearing officers, or administrative law judges retained by state
agencies for administrative or court proceedings;
(d) Grant agreements or cooperative agreements;
(e) Contracts with a value of fifteen million dollars or less with direct
providers of medical, behavioral, or developmental health services, child care,
or child welfare services to an individual;
(f) Agreements for services to be performed for a state agency by another
state or local government agency or contracts made by a state agency with a
local government agency for the direct provision of services to the public;
(g) Agreements for services between a state agency and the University of
Nebraska, the Nebraska state colleges, the courts, the Legislature, or other
officers or state agencies established by the Constitution of Nebraska;
(h) Department of Insurance contracts for financial or actuarial
examination, for rehabilitation, conservation, reorganization, or liquidation
of licensees, and for professional services related to residual pools or excess
funds under the agency's control;
(i) Department of Transportation contracts for all road and bridge
projects;
(j) Nebraska Investment Council contracts;
LB759
2026
LB759
2026
-5-
(k) Contracts under section 57-1503;
(l) Contracts for the erection of, construction of, renovation of, repair
of, or addition to any building; for original equipment for any building; for
the construction of any road or bridge; or for the performance of any work
related to such contracts;
(m) Subject to section 83-146, contracts for the purchase or use of the
products of the labor of the inmates of any charitable, reformatory, or penal
institution of the state;
(n) Contracts for leases by the state or a state agency of real property;
(o) Contracts for works of art;
(p) Contracts for advertising or public announcements;
(q) Direct or miscellaneous purchases pursuant to section 73-814; and
(r) Department of Water, Energy, and Environment Natural Resources
contracts for all water infrastructure projects.
Sec. 12. Section 81-502, Revised Statutes Supplement, 2025, is amended to
read:
81-502 (1) It shall be the duty of the State Fire Marshal, under authority
of the Governor:
(a) To enforce all laws of the state relating to the suppression of arson
and investigation of the cause, origin, and circumstances of fires;
(b) To promote safety and reduce loss by fire; and
(c) To make an investigation for fire safety of the premises and
facilities of:
(i) Liquor establishments for which a license or renewal of a license is
sought, upon request of the Nebraska Liquor Control Commission, pursuant to
section 53-119.01;
(ii) Licensed foster care facilities or applicants for licenses for foster
care facilities, upon request by the Department of Health and Human Services,
pursuant to section 71-1903;
(iii) Upon request of the Department of Health and Human Services,
licensed providers of programs or applicants for licenses to provide such
programs pursuant to section 71-1913 and licensed residential child-caring
agencies or applicants for such licensure pursuant to section 71-1934. The
State Fire Marshal shall report the results of the investigation to the
department within thirty days after receipt of the request from the department;
(iv) Licensed hospitals, skilled nursing facilities, intermediate care
facilities, or other health care facilities which are licensed under the Health
Care Facility Licensure Act or applicants for licenses for such facilities or
institutions, upon request by the Department of Health and Human Services,
pursuant to section 71-441; and
(v) Mobile home parks for which a license or renewal of a license is
sought, upon request of a local government the Department of Water, Energy, and
Environment, pursuant to section 81-15,291.
(2) The State Fire Marshal may enter into contracts with private
individuals or other agencies, boards, commissions, or governmental bodies for
the purpose of carrying out his or her duties and responsibilities pursuant to
the Arson Reporting Immunity Act, the Nebraska Natural Gas Pipeline Safety Act
of 1969, and sections 81-502 to 81-538, 81-5,132 to 81-5,146, and 81-5,151 to
81-5,157.
(3) The State Fire Marshal may delegate the authority set forth in this
section and section 81-503.01 to qualified local fire prevention personnel. The
State Fire Marshal may overrule a decision, act, or policy of the local fire
prevention personnel. Such delegation of authority may be revoked by the State
Fire Marshal for cause upon thirty days' notice after a hearing.
(4) The State Fire Marshal, first assistant fire marshal, and deputies
shall have such other powers and perform such other duties as are set forth in
sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157 and as may be conferred
and imposed by law.
Sec. 13. Section 81-1505, Reissue Revised Statutes of Nebraska, is amended
to read:
81-1505 (1) In order to carry out the purposes of the Environmental
Protection Act, the Integrated Solid Waste Management Act, and the Livestock
Waste Management Act, the council shall adopt and promulgate rules and
regulations which shall set standards of air, water, and land quality to be
applicable to the air, waters, and land of this state or portions thereof. Such
standards of quality shall be such as to protect the public health and welfare.
The council shall classify air, water, and land contaminant sources according
to levels and types of discharges, emissions, and other characteristics which
relate to air, water, and land pollution and may require reporting for any such
class or classes. Such classifications and standards made pursuant to this
section may be made for application to the state as a whole or to any
designated area of the state and shall be made with special reference to
effects on health, economic and social factors, and physical effects on
property. Such standards and classifications may be amended as determined
necessary by the council.
(2) In adopting the classifications of waters and water quality standards,
the primary purpose for such classifications and standards shall be to protect
the public health and welfare and the council shall give consideration to:
(a) The size, depth, surface area, or underground area covered, the
volume, direction, and rate of flow, stream gradient, and temperature of the
water;
(b) The character of the area affected by such classification or
standards, its peculiar suitability for particular purposes, conserving the
LB759
2026
LB759
2026
-6-
value of the area, and encouraging the most appropriate use of lands within
such area for domestic, agricultural, industrial, recreational, and aquatic
life purposes;
(c) The uses which have been made, are being made, or are likely to be
made, of such waters for agricultural, transportation, domestic, and industrial
consumption, for fishing and aquatic culture, for the disposal of sewage,
industrial waste, and other wastes, or other uses within this state and, at the
discretion of the council, any such uses in another state on interstate waters
flowing through or originating in this state;
(d) The extent of present pollution or contamination of such waters which
has already occurred or resulted from past discharges therein; and
(e) Procedures pursuant to section 401 of the Clean Water Act, as amended,
33 U.S.C. 1251 et seq., for certification by the department of activities
requiring a federal license or permit which may result in a discharge.
(3) In adopting effluent limitations or prohibitions, the council shall
give consideration to the type, class, or category of discharges and the
quantities, rates, and concentrations of chemical, physical, biological, and
other constituents which are discharged from point sources into navigable or
other waters of the state, including schedules of compliance, best practicable
control technology, and best available control technology.
(4) In adopting standards of performance, the council shall give
consideration to the discharge of pollutants which reflect the greatest degree
of effluent reduction which the council determines to be achievable through
application of the best available demonstrated control technology, processes,
operating methods, or other alternatives, including, when practicable, a
standard permitting no discharge of pollutants.
(5) In adopting toxic pollutant standards and limitations, the council
shall give consideration to the combinations of pollutants, the toxicity of the
pollutant, its persistence, degradability, the usual or potential presence of
the affected organisms in any waters, the importance of the affected organisms,
and the nature and extent of the effect of the toxic pollutant on such
organisms.
(6) In adopting pretreatment standards, the council shall give
consideration to the prohibitions or limitations to noncompatible pollutants,
prohibitions against the passage through a publicly owned treatment works of
pollutants which would cause interference with or obstruction to the operation
of publicly owned treatment works, damage to such works, and the prevention of
the discharge of pollutants therefrom which are inadequately treated.
(7) In adopting treatment standards, the council shall give consideration
to providing for processes to which wastewater shall be subjected in a publicly
owned wastewater treatment works in order to make such wastewater suitable for
subsequent use.
(8) In adopting regulations pertaining to the disposal of domestic and
industrial liquid wastes, the council shall give consideration to the minimum
amount of biochemical oxygen demand, suspended solids, or equivalent in the
case of industrial wastewaters, which must be removed from the wastewaters and
the degree of disinfection necessary to meet water quality standards with
respect to construction, installation, change of, alterations in, or additions
to any wastewater treatment works or disposal systems, including issuance of
permits and proper abandonment, and requirements necessary for proper operation
and maintenance thereof.
(9)(a) The council shall adopt and promulgate rules and regulations for
controlling mineral exploration holes and mineral production and injection
wells. The rules and regulations shall include standards for the construction,
operation, and abandonment of such holes and wells. The standards shall protect
the public health and welfare and air, land, water, and subsurface resources so
as to control, minimize, and eliminate hazards to humans, animals, and the
environment. Consideration shall be given to:
(i) Area conditions such as suitability of location, geologic formations,
topography, industry, agriculture, population density, wildlife, fish and other
aquatic life, sites of archaeological and historical importance, mineral, land,
and water resources, and the existing economic activities of the area
including, but not limited to, agriculture, recreation, tourism, and industry;
(ii) A site-specific evaluation of the geologic and hydrologic suitability
of the site and the injection, disposal, and production zones;
(iii) The quality of the existing ground water, the effects of exemption
of the aquifer from any existing water quality standards, and requirements for
restoration of the aquifer;
(iv) Standards for design and use of production facilities, which shall
include, but not be limited to, all wells, pumping equipment, surface
structures, and associated land required for operation of injection or
production wells; and
(v) Conditions required for closure, abandonment, or restoration of
mineral exploration holes, injection and production wells, and production
facilities in order to protect the public health and welfare and air, land,
water, and subsurface resources.
(b) The council shall establish fees for regulated activities and
facilities and for permits for such activities and facilities. The fees shall
be sufficient but shall not exceed the amount necessary to pay the department
for the direct and indirect costs of evaluating, processing, and monitoring
during and after operation of regulated facilities or performance of regulated
activities.
(c) With respect to mineral production wells, the council shall adopt and
LB759
2026
LB759
2026
-7-
promulgate rules and regulations which require restoration of air, land, water,
and subsurface resources and require mineral production well permit
applications to include a restoration plan for the air, land, water, and
subsurface resources affected. Such rules and regulations may provide for
issuance of a research and development permit which authorizes construction and
operation of a pilot plant by the permittee for the purpose of demonstrating
the permittee's ability to inject and restore in a manner which meets the
standards required by this subsection and the rules and regulations.
The rules and regulations adopted and promulgated may also provide for
issuance of a commercial permit after a finding by the department that the
injection and restoration procedures authorized by the research and development
permit have been successful in demonstrating the applicant's ability to inject
and restore in a manner which meets the standards required by this subsection
and the rules and regulations.
(d) For the purpose of this subsection, unless the context otherwise
requires, restoration shall mean the employment, during and after an activity,
of procedures reasonably designed to control, minimize, and eliminate hazards
to humans, animals, and the environment, to protect the public health and
welfare and air, land, water, and subsurface resources, and to return each
resource to a quality of use consistent with the uses for which the resource
was suitable prior to the activity.
(10) In adopting livestock waste control regulations, the council shall
consider the discharge of livestock wastes into the waters of the state or onto
land not owned by the livestock operator, conditions under which permits for
such operations may be issued, including design, location, and proper
management of such facilities, protection of ground water from such operations,
and revocation, modification, or suspension of such permits for cause and all
requirements of the Livestock Waste Management Act.
(11) In adopting regulations for the issuance of permits under the
National Pollutant Discharge Elimination System created by the Clean Water Act,
as amended, 33 U.S.C. 1251 et seq., the council shall consider when such
permits shall be required and exemptions, application and filing requirements,
terms and conditions affecting such permits, notice and public participation,
duration and review of such permits, the evaluation provided for under section
81-1517, and monitoring, recording, and reporting under the system.
(12) The council shall adopt and promulgate rules and regulations for air
pollution control which shall include:
(a) A construction permit program which requires the owner or operator of
an air contaminant source to obtain a permit prior to construction. Application
fees shall be according to section 81-1505.06;
(b) An operating permit program consistent with requirements of the Clean
Air Act, as amended, 42 U.S.C. 7401 et seq., and an operating permit program
for minor sources of air pollution, which programs shall require permits for
both new and existing sources;
(c) Provisions for operating permits to be issued after public notice, to
be terminated, modified, or revoked for cause, and to be modified to
incorporate new requirements;
(d) Provisions for applications to be on forms provided by the department
and to contain information necessary to make a determination on the
appropriateness of issuance or denial. The department shall make a completeness
determination in a timely fashion and after such determination shall act on the
application within time limits set by the council. Applications for operating
permits shall include provisions for certification of compliance by the
applicant;
(e) Requirements for operating permits which may include such conditions
as necessary to protect public health and welfare, including, but not limited
to (i) monitoring and reporting requirements on all sources subject to the
permit, (ii) payment of annual fees sufficient to pay the reasonable direct and
indirect costs of developing and administering the air quality permit program,
(iii) retention of records, (iv) compliance with all air quality standards, (v)
a permit term of no more than five years from date of issuance, (vi) any
applicable schedule of compliance leading to compliance with air quality
regulations, (vii) site access to the department for inspection of the facility
and records, (viii) emission limits or control technology requirements, (ix)
periodic compliance certification, and (x) other conditions necessary to carry
out the purposes of the Environmental Protection Act. For purposes of this
subsection, control technology shall mean a design, equipment, a work practice,
an operational standard which may include a requirement for operator training
or certification, or any combination thereof;
(f) Classification of air quality control regions;
(g) Standards for air quality that may be established based upon
protection of public health and welfare, emission limitations established by
the United States Environmental Protection Agency, and maximum achievable
control technology standards for sources of toxic air pollutants. For purposes
of this subdivision, maximum achievable control technology standards shall mean
an emission limit or control technology standard which requires the maximum
degree of emission reduction that the council, taking into consideration the
cost of achieving such emission reduction, any health and environmental impacts
not related to air quality, and energy requirements, determines is achievable
for new or existing sources in the category or subcategory to which the
standard applies through application of measures, processes, methods, systems,
or techniques, including, but not limited to, measures which accomplish one or
a combination of the following:
LB759
2026
LB759
2026
-8-
(i) Reduce the volume of or eliminate emissions of the pollutants through
process changes, substitution of materials, or other modifications;
(ii) Enclose systems or processes to eliminate emissions; or
(iii) Collect, capture, or treat the pollutants when released from a
process, stack, storage, or fugitive emission point;
(h) Restrictions on open burning and fugitive emissions;
(i) Provisions for issuance of general operating permits, after public
notice, for sources with similar operating conditions and for revoking such
general authority to specific permittees;
(j) Provisions for implementation of any emissions trading programs as
defined by the department. Such programs shall be consistent with the Clean Air
Act, as amended, 42 U.S.C. 7401 et seq., and administered through the operating
permit program;
(k) A provision that operating permits will not be issued if the
Environmental Protection Agency objects in a timely manner;
(l) Provisions for periodic reporting of emissions;
(m) Limitations on emissions from process operations, fuel-burning
equipment, and incinerator emissions and such other restrictions on emissions
as are necessary to protect the public health and welfare;
(n) Time schedules for compliance;
(o) Requirements for owner or operator testing and monitoring of
emissions;
(p) Control technology requirements when it is not feasible to prescribe
or enforce an emission standard; and
(q) Procedures and definitions necessary to carry out payment of the
annual emission fee set in section 81-1505.04.
(13)(a) In adopting regulations for hazardous waste management, the
council shall give consideration to generation of hazardous wastes, labeling
practices, containers used, treatment, storage, collection, transportation
including a manifest system, processing, resource recovery, and disposal of
hazardous wastes. It shall consider the permitting, licensing, design and
construction, and development and operational plans for hazardous waste
treatment, storage, and disposal facilities, and conditions for licensing or
permitting of hazardous waste treatment, storage, and disposal areas. It shall
consider modification, suspension, or revocation of such licenses and permits,
including requirements for waste analysis, site improvements, fire prevention,
safety, security, restricted access, and covering and handling of hazardous
liquids and materials. Licenses and permits for hazardous waste, treatment,
storage, and disposal facilities shall not be issued until certification by the
State Fire Marshal as to fire prevention and fire safety has been received by
the department. The council shall further consider the need at treatment,
storage, or disposal facilities for required equipment, communications and
alarms, personnel training, and contingency plans for any emergencies that
might arise and for a coordinator during such emergencies.
In addition the council shall give consideration to (i) ground water
monitoring, (ii) use and management of containers and tanks, (iii) surface
impoundments, (iv) waste piles, (v) land treatment, (vi) incinerators, (vii)
chemical or biological treatment, (viii) landfills including the surveying
thereof, and (ix) special requirements for ignitable, reactive, or incompatible
wastes.
In considering closure and postclosure of hazardous waste treatment,
storage, or disposal facilities, the council shall consider regulations that
would result in the owner or operator closing his or her facility so as to
minimize the need for future maintenance, and to control, minimize, or
eliminate, to the extent necessary to protect humans, animals, and the
environment, postclosure escape of hazardous waste, hazardous waste
constituents, and leachate to the ground water or surface waters, and to
control, minimize, or eliminate, to the extent necessary to protect humans,
animals, and the environment, waste decomposition to the atmosphere. In
considering corrective action for hazardous waste treatment, storage, or
disposal facilities, the council shall consider regulations that would require
the owner or operator, or any previous owner or operator with actual knowledge
of the presence of hazardous waste at the facility, to undertake corrective
action or such other response measures necessary to protect human health or the
environment for all releases of hazardous waste or hazardous constituents from
any treatment, storage, or disposal facility or any solid waste management unit
at such facility regardless of the time at which waste was placed in such unit.
Such regulations adopted pursuant to this subsection shall in all respects
comply with the Environmental Protection Act and the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6901 et seq.
(b) In adopting regulations for hazardous waste management, the council
shall consider, in addition to criteria in subdivision (a) of this subsection,
establishing criteria for (i) identifying hazardous waste including extraction
procedures, toxicity, persistence, and degradability in nature, potential for
accumulation in tissue, flammability or ignitability, corrosiveness,
reactivity, and generation of pressure through decomposition, heat, or other
means, and other hazardous characteristics, (ii) listing all materials it deems
hazardous and which should be subject to regulation, and (iii) locating
treatment, storage, or disposal facilities for such wastes. In adopting
criteria for flammability and ignitability of wastes pursuant to subdivision
(b)(i) of this subsection, no regulation shall be adopted without the approval
of the State Fire Marshal.
(c) In adopting regulations for hazardous waste management, the council
LB759
2026
LB759
2026
-9-
shall establish a schedule of fees to be paid to the director by hazardous
waste generators on the basis of an annual fee, the quantity of hazardous waste
generated by weight or volume as reported by the generator to the national
hazardous waste manifest system, or a combination thereof; and by licensees or
permittees operating hazardous waste processing facilities or disposal areas on
the basis of a monetary value per cubic foot or per pound of the hazardous
wastes. The fee schedule shall be , sufficient but not exceeding the amount
necessary for to reimburse the department to pay for the direct and indirect
costs of the regulation of hazardous waste management for the costs of
monitoring such facilities or areas during and after operation of such
facilities or areas. The permittees licensees may assess a cost against persons
using the facilities or areas. The director shall remit any money collected
from fees paid to him or her to the State Treasurer who shall credit the entire
amount thereof to the Integrated Solid Waste Management Cash Fund General Fund.
(d) In adopting regulations for solid waste disposal, the council shall
consider storage, collection, transportation, processing, resource recovery,
and disposal of solid waste, developmental and operational plans for solid
waste disposal areas, conditions for permitting of solid waste disposal areas,
modification, suspension, or revocation of such permits, regulations of
operations of disposal areas, including site improvements, fire prevention,
ground water protection, safety and restricted access, handling of liquid and
hazardous materials, insect and rodent control, salvage operations, and the
methods of disposing of accumulations of junk outside of solid waste disposal
areas. Such regulations shall in all respects comply with the Environmental
Protection Act, the Integrated Solid Waste Management Act, and the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq.
(14) In adopting regulations governing discharges or emissions of oil and
other hazardous materials into the waters, in the air, or upon the land of the
state, the council shall consider the requirements of the Integrated Solid
Waste Management Act, methods for prevention of such discharges or emissions,
and the responsibility of the discharger or emitter for cleanup, toxicity,
degradability, and dispersal characteristics of the substance.
(15) In adopting regulations governing composting and composting sites,
the council shall give consideration to:
(a) Approval of a proposed site by the local governing body, including the
zoning authority, if any, prior to issuance of a permit by the department;
(b) Issuance of permits by the department for such composting operations,
with conditions if necessary;
(c) Submission of construction and operational plans by the applicant for
a permit to the department, with approval of such plans before issuance of such
permit;
(d) A term of up to ten years for such permits;
(e) Renewal of permits if the operation has been in substantial compliance
with composting regulations adopted pursuant to this subsection, permit
conditions, and operational plans;
(f) Review by the department of materials to be composted, including
chemical analysis when found by the department to be necessary;
(g) Inspections of such compost sites by the department. Operations out of
compliance with composting regulations, permit conditions, or operational plans
shall be given a reasonable time for voluntary compliance, and failure to do so
within the specified time shall result in a hearing after notice is given, at
which time the owner or operator shall appear and show cause why his or her
permit should not be revoked;
(h) Special permits of the department for demonstration projects not to
exceed six months;
(i) Exemptions from permits of the department; and
(j) The Integrated Solid Waste Management Act.
(16) Any person operating or responsible for the operation of air, water,
or land contaminant sources of any class for which the rules and regulations of
the council require reporting shall make reports containing information as may
be required by the department concerning quality and quantity of discharges and
emissions, location, size, and height of contaminant outlets, processes
employed, fuels used, and the nature and time periods or duration of discharges
and emissions, and such other information as is relevant to air, water, or land
pollution and is available.
(17) Prior to adopting, amending, or repealing standards and
classifications of air, water, and land quality and rules and regulations under
the Integrated Solid Waste Management Act or the Livestock Waste Management
Act, the council shall, after due notice, conduct public hearings thereon.
Notice of public hearings shall specify the waters or the area of the state for
which standards of air, water, or land are sought to be adopted, amended, or
repealed and the time, date, and place of such hearing. Such hearing shall be
held in the general area to be affected by such standards. Such notice shall be
given in accordance with the Administrative Procedure Act.
(18) Standards of quality of the air, water, or land of the state and
rules and regulations adopted under the Integrated Solid Waste Management Act
or the Livestock Waste Management Act or any amendment or repeal of such
standards or rules and regulations shall become effective upon adoption by the
council and filing in the office of the Secretary of State. In adopting
standards of air, water, and land quality or making any amendment thereof, the
council shall specify a reasonable time for persons discharging wastes into the
air, water, or land of the state to comply with such standards and upon the
expiration of any such period of time may revoke or modify any permit
LB759
2026
LB759
2026
-10-
previously issued which authorizes the discharge of wastes into the air, water,
or land of this state which results in reducing the quality of such air, water,
or land below the standards established therefor by the council.
(19) All standards of quality of air, water, or land and all rules and
regulations adopted pursuant to law by the council prior to May 29, 1981, and
applicable to specified air, water, or land are hereby approved and adopted as
standards of quality of and rules and regulations for such air, water, or land.
(20) In addition to such standards as are heretofore authorized, the
council shall adopt and promulgate rules and regulations to set standards of
performance, effluent standards, pretreatment standards, treatment standards,
toxic pollutant standards and limitations, effluent limitations, effluent
prohibitions, and quantitative limitations or concentrations which shall in all
respects conform with and meet the requirements of the National Pollutant
Discharge Elimination System in the Clean Water Act, as amended, 33 U.S.C. 1251
et seq.
(21)(a) The council shall adopt and promulgate rules and regulations
requiring all new or renewal permit or license applicants regulated under the
Environmental Protection Act, the Integrated Solid Waste Management Act, or the
Livestock Waste Management Act to establish proof of financial responsibility
by providing funds in the event of abandonment, default, or other inability of
the permittee or licensee to meet the requirements of its permit or license or
other conditions imposed by the department pursuant to the acts. The council
may exempt classes of permittees or licensees from the requirements of this
subdivision when a finding is made that such exemption will not result in a
significant risk to the public health and welfare.
(b) Proof of financial responsibility shall include any of the following
made payable to or held in trust for the benefit of the state and approved by
the department:
(i) A surety bond executed by the applicant and a corporate surety
licensed to do business in this state;
(ii) A deposit of cash, negotiable bonds of the United States or the
state, negotiable certificates of deposit, or an irrevocable letter of credit
of any bank or other savings institution organized or transacting business in
the United States in an amount or which has a market value equal to or greater
than the amount of the bonds required for the bonded area under the same terms
and conditions upon which surety bonds are deposited;
(iii) An established escrow account; or
(iv) A bond of the applicant without separate surety upon a satisfactory
demonstration to the director that such applicant has the financial means
sufficient to self-bond pursuant to bonding requirements adopted by the council
consistent with the purposes of this subdivision.
(c) The director shall determine the amount of the bond, deposit, or
escrow account which shall be reasonable and sufficient so the department may,
if the permittee or licensee is unable or unwilling to do so and in the event
of forfeiture of the bond or other financial responsibility methods, arrange to
rectify any improper management technique committed during the term of the
permit or license and assure the performance of duties and responsibilities
required by the permit or license pursuant to law, rules, and regulations.
(d) In determining the amount of the bond or other method of financial
responsibility, the director shall consider the requirements of the permit or
license or any conditions specified by the department, the probable difficulty
of completing the requirements of such permit, license, or conditions due to
such factors as topography, geology of the site, and hydrology, and the prior
history of environmental activities of the applicant.
This subsection shall apply to hazardous waste treatment, storage, or
disposal facilities which have received interim status.
(22)(a) The council shall adopt and promulgate rules and regulations no
more stringent than the provisions of section 1453 et seq. of the federal Safe
Drinking Water Act, as amended, 42 U.S.C. 300j-13 et seq., for public water
system source water assessment programs.
(b) The council may adopt and promulgate rules and regulations to
implement a source water petition program no more stringent than section 1454
et seq. of the federal Safe Drinking Water Act, as amended, 42 U.S.C. 300j-14
et seq.
(23) The council may adopt and promulgate rules and regulations for the
issuance of permits relating to the discharge of dredged or fill material into
the waters of the United States under section 404 of the Clean Water Act, as
amended, 33 U.S.C. 1251 et seq., giving consideration to (a) when such permits
are required and exemptions, application, and filing requirements, (b) terms
and conditions affecting such permits, notice and public participation, and
duration, (c) review of such permits, (d) monitoring, recording, and reporting
requirements, (e) compensatory mitigation, and (f) such other requirements not
inconsistent with the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
(24) The council may establish fees for applications, determinations,
permits, licenses, or similar authorizations for the discharge of dredged and
fill material under section 404 of the Clean Water Act, as amended, 33 U.S.C.
1251 et seq., to be collected by the department. The fees shall be sufficient
to pay the department for the direct and indirect costs of administering a
permitting program under section 404 of the Clean Water Act.
Sec. 14. (1) The Water Quality and Quantity Cash Fund is created. The
department shall remit all fees collected pursuant to this section and money
received by the department in the form of gifts, grants, reimbursements, or
monetary transfers from any source intended to be used for the purposes of the
LB759
2026
LB759
2026
-11-
fund to the State Treasurer for credit to the fund. The fund shall be used to
pay the reasonable direct and indirect costs required to develop and administer
programs to regulate discharges under section 402 of the Clean Water Act, as
amended, 33 U.S.C. 1342 et seq. Any money in the fund available for investment
shall be invested by the state investment officer pursuant to the Nebraska
Capital Expansion Act and the Nebraska State Funds Investment Act.
(2) Beginning July 1, 2027, each application for a National Pollutant
Discharge Elimination System permit or a pretreatment permit required by rules
and regulations adopted and promulgated pursuant to subsection (20) of section
81-1505 shall be accompanied by an application fee, to be determined by the
department. The fee shall not be more than the amount necessary to reimburse
the department for administering the applications. An application required
under section 54-2428 shall be exempt from the application fee required by this
section.
(3) Beginning July 1, 2027, the department shall charge an annual fee to
each person who has a National Pollutant Discharge Elimination System permit or
who has a pretreatment permit required by rules and regulations adopted and
promulgated pursuant to subsection (20) of section 81-1505. The fee shall be an
amount no more than the actual cost of services provided. A permit issued
pursuant to section 54-2428 shall be exempt from the annual fee required by
this section.
Sec. 15. Section 81-1532, Reissue Revised Statutes of Nebraska, is amended
to read:
81-1532 Sections 81-1501 to 81-1532 and section 14 of this act shall be
known and may be cited as the Environmental Protection Act.
Sec. 16. Section 81-1561, Revised Statutes Supplement, 2025, is amended to
read:
81-1561 (1) The Tax Commissioner shall deduct and withhold from the litter
fee collected a fee sufficient to reimburse himself or herself for the cost of
collecting and administering the litter fee and shall deposit such collection
fee in the Litter Fee Collection Fund which is hereby created. The Litter Fee
Collection Fund shall be appropriated to the Department of Revenue. Any money
in the Litter Fee Collection Fund available for investment shall be invested by
the state investment officer pursuant to the Nebraska Capital Expansion Act and
the Nebraska State Funds Investment Act.
(2) The Tax Commissioner shall remit the balance of the litter fee
collections to the Department of Water, Energy, and Environment. The department
shall allocate and distribute funds from the Nebraska Litter Reduction and
Recycling Fund in percentage amounts to be determined by the council on an
annual basis, after a public hearing on a date to be determined by the council,
for the following activities:
(a) Programs of public education, motivation, and participation aimed at
creating an ethic conducive to the reduction of litter, establishing an
attitude against littering and a desire for a clean environment, and securing
greater awareness of and compliance with antilitter laws. Such programs shall
include:
(i) The distribution of informative materials to elementary and secondary
schools;
(ii) The purchase and erection of roadside signs;
(iii) The organization and operation of cleanup drives conducted by local
agencies and organizations using volunteer help;
(iv) Grants to state and local government units and agencies and private
organizations for developing and conducting antilitter programs; and
(v) Any other public information method selected by the department,
including the use of media;
(b) Cleanup of public highways, waterways, recreation lands, urban areas,
and public places within the state, including, but not limited to:
(i) Grants to cities and counties for payment of personnel employed in the
pickup of litter;
(ii) Grants for programs aimed at increasing the use of youth and
unemployed persons in seasonal and part-time litter pickup programs and to
establish work release and other programs to carry out the purposes of the
Nebraska Litter Reduction and Recycling Act;
(iii) Grants to public and private agencies and persons to conduct surveys
of amounts and composition of litter and rates of littering; and
(iv) Grants to public and private agencies and persons for research and
development in the fields of litter reduction, removal, and disposal, including
the evaluation of behavioral science techniques in litter control and the
development of new equipment, and to implement such research and development
when appropriate; and
(c) New or improved community recycling and source separation programs,
including, but not limited to:
(i) Expansion of existing and creation of new community recycling centers;
(ii) Expansion of existing and creation of new source separation programs;
(iii) Research and evaluation of markets for the materials and products
recovered in source separation and recycling programs; and
(iv) Providing advice and assistance on matters relating to recycling and
source separation, including information and consultation on available
technology, operating procedures, organizational arrangements, markets for
materials and products recovered in recycling and source separation,
transportation alternatives, and publicity techniques.
Sec. 17. Section 81-1586, Reissue Revised Statutes of Nebraska, is amended
to read:
LB759
2026
LB759
2026
-12-
81-1586 Department shall mean the Department of Water, Energy, and
Environment Environmental Quality.
Sec. 18. Section 81-1587, Reissue Revised Statutes of Nebraska, is amended
to read:
81-1587 Director shall mean the Director of Water, Energy, and Environment
Environmental Quality.
Sec. 19. Section 81-15,102, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,102 (1) The state shall accept or acquire, by gift, transfer, or
purchase, from the licensed facility operator, title to the land and
appurtenances used for the disposal of low-level radioactive waste after the
expiration of both the operational life and closure period of the facility, if:
(a) Both the Department of Health and Human Services Regulation and
Licensure and the Department of Water, Energy, and Environment Environmental
Quality determine that (i) the requirements for site closure, decommissioning,
and decontamination adopted pursuant to rules and regulations of the Department
of Health and Human Services Regulation and Licensure and the Department of
Water, Energy, and Environment Environmental Quality which are allowed under
federal law have been met by the licensed facility operator and (ii) such
operator is in compliance with all financial requirements; and
(b) The amendments to the Central Interstate Low-Level Radioactive Waste
Compact made by Laws 1991, LB 837, section 4, codified in section 71-3521, are
in effect and have been ratified by Congress.
The title to the land and appurtenances shall be transferred without cost
to the state. Such transfer of title to the state does not relieve the
developer, licensed facility operator, or generators of such waste from
liability for their actions that occurred whether known or unknown during the
design, construction, operation, and closure of the facility. Sites received by
gift or transfer shall be subject to approval and acceptance by the Legislature
on behalf of the state.
(2) The applicant shall notify the Governor and the Legislature before
beginning any onsite geological activity, such as soil core sampling, to
determine the suitability of a site in the State of Nebraska for use as a
facility.
(3) Lands and appurtenances which are used for the disposal of low-level
radioactive waste shall be acquired and held in fee simple absolute by the
licensed facility operator so long as such ownership does not preclude
licensure or operation of the facility under federal law and until title to the
land and appurtenances is transferred to the state pursuant to subsection (1)
of this section. Such lands and appurtenances shall be used exclusively for the
disposal of low-level radioactive waste until the department determines that
such exclusive use is not required to protect the public health, safety,
welfare, or environment. Before such a site is leased for other use, the
department shall require and assure that the radioactive waste history of the
site be recorded in the permanent land records of the site. Remedial cleanup
costs which become necessary during the period of custodial care shall be
assessed first to the licensed facility operator, then proportionately against
the generators of the radioactive waste and as set out in the Central
Interstate Low-Level Radioactive Waste Compact found in section 71-3521.
(4) The state may contract for the management of a disposal site. The
contractor shall be subject to licensing by the department and shall be subject
to the surety and custodial care funding provisions of section 81-15,103.
(5) If and until licensing of a facility is approved, no further
construction contracts shall be let or actual construction begun, other than
filling the identified wetland, before the Department of Water, Energy, and
Environment Environmental Quality has conducted a six-month public education
program to inform the people of the county and the people of the state of the
exact characteristics of the facility to be built, which program shall be
undertaken forthwith.
Sec. 20. Section 81-15,123, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,123 The State Fire Marshal shall adopt and promulgate rules and
regulations governing release, detection, prevention, and correction procedures
applicable to all owners and operators as shall be necessary to protect human
health, public safety, and the environment. Such rules and regulations may
distinguish between types, classes, and ages of tanks. In making such
distinctions, the State Fire Marshal shall consider, but not be limited to,
location of the tanks, soil and climate conditions, uses of the tanks, history
of maintenance, age of the tanks, current industry-recommended practices,
national consensus codes, hydrogeology, depth to the ground water, size of the
tanks, quantity of regulated substances periodically deposited in or dispensed
from the tanks, the technical capability of the owners and operators, and the
compatibility of the regulated substance and the materials of which the tank is
fabricated. Before adoption, such rules and regulations shall be reviewed and
approved by the Director of Water, Energy, and Environment Environment and
Energy who shall determine whether the proposed rules and regulations are
adequate to protect the environment. Rules and regulations adopted and
promulgated pursuant to this section shall include, but not be limited to:
(1) Proper procedures and specifications for the construction, design,
installation, replacement, or repair of tanks;
(2) A permit and registration system for all tanks;
(3) A program to establish an inspection system for all tanks. Such
program shall provide for periodic safety inspections and spot checks of
LB759
2026
LB759
2026
-13-
monitoring systems by the State Fire Marshal. A fee schedule may also be
developed for the inspection of new tank and piping installations and tank
closures in the manner prescribed in section 81-505.01. Such inspection fees
shall be remitted by the State Fire Marshal to the State Treasurer for credit
to the Underground Storage Tank Fund. No fee shall be charged for the periodic
safety inspections and spot checks of monitoring systems by the State Fire
Marshal;
(4) A monitoring system for all tanks which includes, but is not limited
to, the following:
(a) An inventory-control procedure for any tank used to hold petroleum
products or hazardous substances for resale;
(b) An inventory-control procedure for any tank used solely for
consumptive onsite purposes and not for resale. Such control procedure shall
determine the method of inventory measurement giving consideration to the
economic burden created by the procedure. The frequency of inventory
measurement for such category of tank shall include at least one measurement
every thirty days;
(c) Provisions for the prompt reporting of any release of a regulated
substance; and
(d) A procedure for the proper method of monitoring tanks;
(5) A procedure for notifying the State Fire Marshal of temporarily or
permanently abandoned tanks;
(6) A procedure for removing or making safe any abandoned tanks, except
that the State Fire Marshal may dispense with such procedure in special
circumstances;
(7) Financial responsibility requirements, taking into account the
financial responsibility requirements established pursuant to 42 U.S.C.
6991b(d);
(8) Requirements for maintaining a leak-detection system, an inventory-
control system, and a tank-testing or comparable system or method designed to
identify releases in a manner consistent with the protection of human health,
public safety, and the environment;
(9) Requirements for maintaining records of any monitoring or leak-
detection system, inventory-control system, or tank-testing or comparable
system;
(10) Provisions to establish a system for licensing tank installation and
removal contractors;
(11) Provisions to prohibit delivery to, deposit into, or the acceptance
of a regulated substance into, an underground storage tank at a facility which
has been identified by the State Fire Marshal to be ineligible for such
delivery, deposit, or acceptance; and
(12) Effective August 8, 2009, requirements for training and certification
of operators.
Nothing in this section shall be construed to require a subcontractor
working under the direction of a licensed installation or removal contractor to
be licensed.
Sec. 21. Section 81-15,124.01, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,124.01 (1) The Environmental Quality Council shall adopt and
promulgate rules and regulations consistent with principles of risk-based
corrective action governing all phases of remedial action to be taken by
owners, operators, and other persons in response to a release or suspected
release of a regulated substance from a tank. Such rules and regulations shall
include:
(a) Provisions governing remedial action to be taken by owners and
operators pursuant to section 81-15,124;
(b) Provisions by which the Department of Water, Energy, and Environment
Environment and Energy may determine the cleanup levels to be achieved through
soil or water remediation and the applicable limitations for air emissions at
the petroleum release site or occurring by reason of such remediation; and
(c) Such other provisions necessary to carry out the Petroleum Products
and Hazardous Substances Storage and Handling Act.
(2) In developing rules and regulations, the Environmental Quality Council
shall take into account risk-based corrective action assessment principles
which identify the risks presented to the public health and safety or the
environment by each release in a manner that will protect the public health and
safety and the environment using, to the extent appropriate, a tiered approach
consistent with the American Society for Testing of Materials guidance for
risk-based corrective action applicable to petroleum release sites.
Sec. 22. Section 81-15,124.02, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,124.02 If necessary in the course of an investigation or inspection
or during the remedial action and if the owner of property or the owner's agent
has specifically denied the Department of Water, Energy, and Environment
Environment and Energy access to the property for such purposes, the department
may order the owner or owner's agent to grant access to property for the
performance of reasonable steps, including drilling, to determine the source
and extent of contamination or for remediation. Access shall be by the
department or by a person conducting an investigation, inspection, or remedial
action at the direction of the department. All actions taken on the property
shall be performed in the least obtrusive manner possible to allow the
investigation, inspection, or remedial action to proceed. Upon completion of
any such actions, the property shall be restored as nearly as possible to its
LB759
2026
LB759
2026
-14-
original condition.
Sec. 23. Section 81-15,196, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,196 Director means the Director of Water, Energy, and Environment
Environment and Energy.
Sec. 24. Section 81-15,261, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,261 Sections 81-15,261 to 81-15,291 81-15,292 shall be known and may
be cited as the Environmental Safety Act.
Sec. 25. Section 81-15,262, Revised Statutes Supplement, 2025, is amended
to read:
81-15,262 The Legislature finds that:
(1) Best practices in environmental safety and protection recognize that
the regulation of water supply and disposal infrastructure are connected;
(2) The proper design, construction, and monitoring of water and
wastewater uses is critical for the safety and sustainability of communities in
the State of Nebraska;
(3) The regulation of mobile homes, recreation camps, and swimming pools
provide fundamental environmental safety for persons who use them; and
(4) Consolidating the administration of state environmental safety
programs and the environmental and water programs of the United States
Environmental Protection Agency delegated to the State of Nebraska into the
Department of Water, Energy, and Environment will better serve the communities
in the State of Nebraska. Experience with the administration of these programs
demonstrates that they are carried out most effectively through coordinated
partnerships between the state and local governments.
Sec. 26. Section 81-15,263, Revised Statutes Supplement, 2025, is amended
to read:
81-15,263 For purposes of the Environmental Safety Act:
(1) Department means the Department of Water, Energy, and Environment; and
(2) Director means the Director of Water, Energy, and Environment; and .
(3) Local government means a county, city, or village or a local public
health department as defined in section 71-1626.
Sec. 27. Section 81-15,265, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,265 (1) The department shall prepare, adopt , and have available
minimum sanitary and safety requirements in the form of regulations for the
design, construction, equipment, and operation of swimming pools and bather
preparation facilities. Such regulations requirements shall include, but not be
limited to, provisions for waiver or variance of design standards and the
circumstances under which such waiver or variance may be granted. No swimming
pool shall be constructed until plans and specifications have been approved by
the department.
(2) A local government shall by resolution, ordinance, or regulation adopt
and enforce minimum sanitary and safety requirements for the equipment and
operation of swimming pools and bather preparation facilities which meet or
exceed the minimum requirements adopted by the department pursuant to
subsection (1) of this section.
Sec. 28. Section 81-15,267, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,267 After January 1, 1970, swimming pools shall have equipment and
shall be operated so as to comply with the minimum sanitary and safety
requirements provided in section 81-15,265. After such date no swimming pool
shall operate until it has received a permit from the department. Application
for a permit to operate shall be submitted on forms provided by the department.
Swimming pools constructed prior to January 1, 1970, which do not fully comply
with the minimum sanitary and safety requirements as regards design and
construction requirements may continue to operate may be continued in use for
such period as the department may authorize if the equipment and operation of
such swimming pool comply with the minimum sanitary and safety requirements.
Sec. 29. Section 81-15,268, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,268 (1) The local government which exercises jurisdiction over a
swimming pool shall inspect such department shall make at least one inspection
every year of each swimming pool to determine that such swimming pool complies
with the minimum sanitary and safety requirements established by the local
government.
(2) A local government may establish and collect fees for the inspection
of a swimming pool at a rate not more than the actual costs of the inspection.
(3) (2) The owner and operator of any swimming pool shall operate such
swimming pool in compliance with minimum sanitary and safety requirements
established by the local government which exercises jurisdiction over such
swimming pool. The owner or operator of any swimming pool shall retain for
three years submit such operation and analytical records as may be requested at
any time by the department to determine the sanitary and safety condition of
the swimming pool and shall make such records available to the local government
upon request.
(4) (3) The department shall adopt and promulgate rules and regulations
which classify swimming pools on the basis of criteria deemed appropriate by
the department. The department shall charge engineering firms, swimming pool
owners, and other appropriate parties fees established by rules and regulations
for the review of plans and specifications of a swimming pool, the issuance of
a construction license or permit, the inspection of a swimming pool, and any
LB759
2026
LB759
2026
-15-
other services rendered at a rate which defrays no more than the actual cost of
the services provided. All fees shall be paid as a condition of annual renewal
of licensure or of continuance of licensure. Fees collected under this
subsection for the review of plans and specifications and the issuance of a
construction permit shall be remitted to the State Treasurer for credit to the
Engineering Plan Review Cash Fund. All other fees collected under this
subsection shall be remitted to the State Treasurer for credit to the
Environmental Safety Cash Fund. The department shall not charge a municipal
corporation an inspection fee for an inspection of a swimming pool owned by
such municipal corporation.
(5) The operator of any swimming pool shall maintain a certificate of
competency for swimming pools. The department shall maintain a list of
acceptable pool operator competency courses. (4) The department shall establish
and collect fees for certificates of competency for swimming pool operators.
All fees collected under this subsection shall be remitted to the State
Treasurer for credit to the Environmental Safety Cash Fund.
(6) (5) All rules and regulations adopted prior to the operative date of
this section July 1, 2021, under sections 81-15,264 to 81-15,270, as such
sections existed prior to such date, shall continue to be effective to the
extent not in conflict with the changes made by this legislative bill Laws
2021, LB148, until amended or repealed by the department.
(7) (6) All licenses, permits, or other forms of approval issued prior to
the operative date of this section July 1, 2021, in accordance with sections
81-15,264 to 81-15,270, as such sections existed prior to such date, shall
remain valid as issued for purposes of the changes made by this legislative
bill Laws 2021, LB148, unless revoked or otherwise terminated by law.
(8) (7) Any suit, action, or other proceeding, judicial or administrative,
which was lawfully commenced prior to the operative date of this section July
1, 2021, under sections 81-15,264 to 81-15,270, as such sections existed prior
to such date, shall be subject to the provisions of such sections as they
existed prior to the operative date of this section July 1, 2021.
Sec. 30. Section 81-15,270, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,270 Any owner or operator of a swimming pool failing to maintain a
certificate of competency as required by section 81-15,268 or failing to comply
with the minimum sanitary and safety requirements established by the local
government exercising jurisdiction over such swimming pool any of the
provisions of sections 81-15,264 to 81-15,270 shall be subject to enforcement,
penalties, or other remedies as established by such local government. guilty of
maintaining a public nuisance, and it shall be the duty of the county attorney
of the county in which such swimming pool is located to act as provided by law
for the abatement of public nuisances.
Sec. 31. Section 81-15,273, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,273 The local government which exercises jurisdiction over a
recreation camp may make inspections It shall be the duty of the department to
make at least one annual inspection of such each recreation camp. The local
government duly authorized representatives of the department shall have the
right of entry and access to any such camp at any reasonable time.
Where, upon inspection, it is found that there is failure to protect the
health and safety of the persons using the camp, or a failure to comply with
the minimum health and safety requirements established by the local government
which exercises jurisdiction over such recreation camp, such local government
camp regulations prescribed by the department, the department shall give notice
to the camp operator of such failure, which notice shall set forth the reason
or reasons for such failure.
Sec. 32. Section 81-15,274, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,274 Operation of a recreation camp (1) A permit may be temporarily
suspended by the local government which exercises jurisdiction over such
recreation camp department for failure to protect the health and safety of the
occupants of the camp or failure to comply with the minimum health and safety
requirements established by such local government camp regulations prescribed
by the department.
(2) A permit may be revoked at any time, after notice and opportunity for
a fair hearing held by the department, if it is found that the camp for which
the permit is issued is maintained or operated in violation of law or of any
regulations applicable to a camp or in violation of the conditions stated in
the permit. A new permit shall not be issued until the department is satisfied
that the camp will be operated in compliance with the law and regulations.
Sec. 33. Section 81-15,275, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,275 A local government may by resolution, ordinance, or regulation
adopt minimum health and safety requirements to protect the health and safety
of persons in attendance at recreation camps. (1) The department is authorized
to and shall formulate, adopt, publish, promulgate, and enforce such reasonable
rules and regulations as it deems necessary to enforce sections 81-15,271 to
81-15,277 and to protect the health and welfare of persons in attendance at
recreation camps.
(2) All rules and regulations adopted prior to July 1, 2021, under
sections 81-15,271 to 81-15,277, as such sections existed prior to such date,
shall continue to be effective to the extent not in conflict with the changes
made by Laws 2021, LB148, and until amended or repealed by the department.
LB759
2026
LB759
2026
-16-
(3) All permits or other forms of approval issued prior to July 1, 2021,
in accordance with sections 81-15,271 to 81-15,277, as such sections existed
prior to such date, shall remain valid as issued for purposes of the changes
made by Laws 2021, LB148, unless revoked or otherwise terminated by law.
(4) Any suit, action, or other proceeding, judicial or administrative,
which was lawfully commenced prior to July 1, 2021, under sections 81-15,271 to
81-15,277, as such sections existed prior to such date, shall be subject to the
provisions of such sections as they existed prior to July 1, 2021.
Sec. 34. Section 81-15,277, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,277 Any person who violates the minimum health and safety
requirements of a recreation camp which were established by the local
government which exercises jurisdiction over such recreation camp shall be
subject to enforcement, penalties, or other remedies as established by such
local government. shall violate any of the provisions of sections 81-15,271 to
81-15,277 or of the regulations or standards adopted and promulgated under such
sections shall be guilty of a Class V misdemeanor.
Sec. 35. Section 81-15,288, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,288 (1) A local government may by resolution, ordinance, or
regulation adopt minimum requirements for the establishment, operation, and
maintenance of mobile home parks.
(2) A local government may (1) The department shall issue licenses for the
establishment, operation, and maintenance of mobile home parks which are found
to comply with the Uniform Standard Code for Mobile Home Parks and such minimum
requirements established by such local government. rules, regulations, and
standards as are lawfully adopted and promulgated by the department pursuant
thereto.
(2) The department shall deny, refuse renewal of, suspend, or revoke
licenses or impose a civil penalty not to exceed two thousand dollars per day
on any of the following grounds:
(a) Violation of any of the provisions of the code or the rules,
regulations, and standards lawfully adopted and promulgated pursuant thereto;
(b) Permitting, aiding, or abetting the commission of any unlawful act; or
(c) Conduct or utility or sanitation practices detrimental to the health
or safety of residents of a mobile home park.
(3) Should the department determine to deny, refuse renewal of, suspend,
or revoke a license or impose a civil penalty, it shall send to the applicant
or licensee, by either certified or registered mail, a notice setting forth the
specific reasons for the determination.
(4) The denial, refusal of renewal, suspension, revocation, or imposition
of a civil penalty shall become final thirty days after the mailing of the
notice in all cases of failure to pay the required licensure fee if not paid by
the end of such period, and in all other instances unless the applicant or
licensee, within such thirty-day period, shall give written notice of a desire
for a hearing. Thereupon the applicant or licensee shall be given opportunity
for a formal hearing before the department and shall have the right to present
evidence on his or her own behalf.
(5) The procedure governing hearings authorized by this section shall be
in accordance with the Administrative Procedure Act. On the basis of the
evidence presented, the determination involved shall be affirmed or set aside,
and a copy of such decision setting forth the findings of facts and the
specific reasons upon which it is based shall be sent by either certified or
registered mail to the applicant or licensee. The applicant or licensee may
appeal such decision, and the appeal shall be in accordance with the
Administrative Procedure Act.
(6) The department shall remit any collected civil penalty to the State
Treasurer for distribution in accordance with Article VII, section 5, of the
Constitution of Nebraska.
Sec. 36. Section 81-15,289, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,289 Any person who establishes, conducts, operates, or maintains a
mobile home park in violation of the minimum requirements of a mobile home park
established by the local government which exercises jurisdiction over such
mobile home park shall be subject to enforcement, penalties, or other remedies
as established by the local government. without first obtaining a license
therefor from the department as provided in the Uniform Standard Code for
Mobile Home Parks shall be guilty of a Class IV misdemeanor, and each day such
mobile home park shall operate without a license after a first conviction shall
be considered a separate offense. Such person shall also be guilty of
maintaining a nuisance pursuant to section 28-1321, and upon conviction
thereof, in addition to payment of the fine, such nuisance shall be removed.
Sec. 37. Section 81-15,291, Reissue Revised Statutes of Nebraska, is
amended to read:
81-15,291 A local government The department may request the State Fire
Marshal to inspect for fire safety any mobile home park which the local
government exercises jurisdiction over for which a license or renewal of a
license is sought, pursuant to section 81-502. The State Fire Marshal shall
assess a fee for such inspection pursuant to section 81-505.01 and payable by
the licensee or applicant for a license. The authority to make such
investigations may be delegated to qualified local fire prevention personnel
pursuant to section 81-502.
Sec. 38. Section 81-15,299, Revised Statutes Supplement, 2025, is amended
LB759
2026
LB759
2026
-17-
to read:
81-15,299 There is hereby created the Environmental Safety Cash Fund which
shall be used to pay the expenses of the Department of Water, Energy, and
Environment related to issuance and renewal of licenses and permits and annual
inspections, including sections 81-15,268, 81-15,272, 81-15,282, and 81-15,292
as such sections existed prior to the operative date of this section. Any money
in the fund available for investment shall be invested by the state investment
officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State
Funds Investment Act. The State Treasurer shall transfer any money in the
Health and Human Services Cash Fund pursuant to sections 81-15,268, 81-15,272,
81-15,282, and 81-15,292, as such sections existed prior to July 1, 2021, to
the Environmental Safety Cash Fund on July 1, 2021. The Environmental Safety
Cash Fund terminates on December 31, 2026. The State Treasurer shall transfer
any money remaining in the fund on such date to the General Fund.
Sec. 39. Section 81-15,300, Revised Statutes Supplement, 2025, is amended
to read:
81-15,300 There is hereby created the Engineering Plan Review Cash Fund
which shall be used to pay the expenses of the Department of Water, Energy, and
Environment related to engineering reviews of plans and specifications,
including those under subsection (4) (3) of section 81-15,268 and subsection
(2) of section 81-15,282. Transfers may be made from the fund to the General
Fund at the direction of the Legislature. Any money in the Engineering Plan
Review Cash Fund available for investment shall be invested by the state
investment officer pursuant to the Nebraska Capital Expansion Act and the
Nebraska State Funds Investment Act.
Sec. 40. Section 81-15,313, Revised Statutes Supplement, 2025, is amended
to read:
81-15,313 (1) The Legislature hereby finds and declares that Nebraska is
experiencing a persistent and present crisis in regards to affordable quality
housing, as evidenced by lower inventory than required to support and sustain a
healthy housing market. Housing inventory and availability are critical
elements in population attraction and retention, workforce development,
economic development, and individual family health and economic self-
sufficiency. In addition to housing inventory and the availability of homes,
another factor that may hinder population attraction is the quality of homes.
One measurement of housing quality is age. As such, Nebraska must streamline
and maximize all existing housing, weatherization, and home improvement
programs to expand access to affordable quality homes and renovate and
modernize existing aging housing inventory to meet modern standards.
(2) The Home Weatherization Clearinghouse is established within the
Department of Water, Energy, and Environment Environment and Energy.
(3) The clearinghouse shall:
(a) Establish a hub for information about the availability and application
processes of and eligibility for grants, loans, or other programs that fund
home weatherization projects, whether administered by the department, other
state or local agencies, nonprofit organizations, or the federal government;
and
(b) Assist in coordination efforts by state and local agencies to optimize
the execution of home weatherization projects.
(4) The Department of Water, Energy, and Environment Environment and
Energy shall utilize existing staff to carry out this section.
Sec. 41. Section 81-15,315, Revised Statutes Supplement, 2025, is amended
to read:
81-15,315 For purposes of the Safe Battery Collection and Recycling Act:
(1)(a) Battery containing product means a product that contains or is
packaged with a covered battery.
(b) Battery containing product does not include computers, small-scale
servers, computer monitors, electronic keyboards and mice, printers, fax
machines, scanners, televisions, digital video disc players and recorders,
video cassette recorders, digital converter boxes, cable receivers, satellite
receivers, portable digital music players, and video game consoles;
(2) Battery stewardship organization means an organization designated by a
producer or a group of five or more producers that directly implements a
battery stewardship plan approved by the department under section 81-15,317;
(3)(a) Covered battery means a portable battery or a medium format
battery.
(b) Covered battery does not include:
(i) A battery that is contained in a medical device regulated under the
Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., and that is not
designed or marketed for sale or resale at retail locations for personal use;
(ii) A battery that contains an electrolyte as a free liquid or a product
that contains such a battery;
(iii) A battery designed to power a motor vehicle, part of a motor
vehicle, or a component part of a motor vehicle assembled by, or for, a vehicle
manufacturer or franchised dealer, including replacement parts for use in a
motor vehicle;
(iv) A battery in a product that is not intended or designed to be easily
removable from the product;
(v) A battery or battery containing product that is being recalled for
safety reasons; or
(vi) A battery or battery containing product offered for resale by a
business that, as part of its operations, offers products for resale to other
businesses or to consumers;
LB759
2026
LB759
2026
-18-
(4) Department means the Department of Water, Energy, and Environment
Environment and Energy;
(5) Medium format battery means any of the following:
(a) For batteries that are not capable of being recharged, a battery that
weighs more than four and four-tenths pounds but not more than twenty-five
pounds; or
(b) For rechargeable batteries, a battery that weighs more than eleven
pounds or that has a rating of more than three hundred watt-hours, or both, but
that does not weigh more than twenty-five pounds or have a rating of more than
two thousand watt-hours;
(6) Portable battery means any of the following:
(a) For batteries that are not capable of being recharged, a battery that
weighs no more than four and four-tenths pounds; or
(b) For rechargeable batteries, a battery that weighs no more than eleven
pounds and that has a rating of no more than three hundred watt-hours;
(7)(a) Producer means a person that sells, offers for sale, or distributes
for sale a covered battery or battery containing product in or into this state
and that is any of the following:
(i) If the covered battery or battery containing product is sold under a
brand of the battery's or product's manufacturer, the person that manufactures
the battery or product;
(ii) If the covered battery or battery containing product is sold under a
retail brand or under a brand owned by a person other than the battery's or
product's manufacturer, the person that owns the brand;
(iii) If subdivisions (7)(a)(i) and (ii) of this section do not apply, the
person that is the licensee of a brand or trademark under which the covered
battery or battery containing product is sold, offered for sale, or distributed
for sale in or into this state, regardless of whether the trademark is
registered in this state;
(iv) If subdivisions (7)(a)(i) through (iii) of this section do not apply
to any person within the United States, the person that is the importer of
record for the covered battery or battery containing product into the United
States for the purpose of selling, offering for sale, or distributing for sale
the battery or product in or into this state; or
(v) If subdivisions (7)(a)(i) through (iv) of this section do not apply to
any person with a commercial presence in this state, the person who first
sells, offers for sale, or distributes for sale the covered battery or battery
containing product in or into this state.
(b) Producer does not include a person that only sells, offers for sale,
or distributes for sale a battery containing product if the battery is supplied
by another producer that has designated a battery stewardship organization to
implement a battery stewardship plan and if the producer certifies this fact in
writing to the person that only sells, offers for sale, or distributes for sale
the battery containing product;
(8) Rechargeable battery means a battery that contains one or more voltaic
or galvanic cells electrically connected to produce electric energy and that is
designed to be recharged;
(9)(a) Recycling means preparing batteries for use in manufacturing
processes or for recovery of usable materials and delivering the materials for
use.
(b) Recycling does not include:
(i) Destruction by incineration or other processes;
(ii) Land disposal of recyclable materials; and
(iii) Reuse, repair, or any other process through which batteries are
returned in their original form;
(10) Recycling efficiency rate means the percentage calculated by dividing
the weight of components and materials recycled by a battery stewardship
organization by the weight of covered batteries collected by the battery
stewardship organization; and
(11) Retailer means a person that sells or offers for sale a covered
battery in or into this state.
Sec. 42. Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39,
40, 41, 43, and 45 of this act become operative three calendar months after the
adjournment of this legislative session. The other sections of this act become
operative on their effective date.
Sec. 43. Original sections 13-2041, 54-2428, 81-1505, 81-1532, 81-1586,
81-1587, 81-15,102, 81-15,123, 81-15,124.01, 81-15,124.02, 81-15,196,
81-15,261, 81-15,265, 81-15,267, 81-15,268, 81-15,270, 81-15,273, 81-15,274,
81-15,275, 81-15,277, 81-15,288, 81-15,289, and 81-15,291, Reissue Revised
Statutes of Nebraska, and sections 46-606, 46-1217, 58-712, 61-303, 73-813,
81-502, 81-1561, 81-15,262, 81-15,263, 81-15,299, 81-15,300, 81-15,313, and
81-15,315, Revised Statutes Supplement, 2025, are repealed.
Sec. 44. Original sections 57-1601 and 57-1620, Reissue Revised Statutes
of Nebraska, are repealed.
Sec. 45. The following sections are outright repealed: Sections
81-15,266, 81-15,269, 81-15,272, 81-15,276, 81-15,280, 81-15,281, 81-15,282,
81-15,283, 81-15,284, 81-15,285, 81-15,286, 81-15,287, and 81-15,290, Reissue
Revised Statutes of Nebraska, and section 81-15,292, Revised Statutes
Supplement, 2025.
Sec. 46. Since an emergency exists, this act takes effect when passed and
approved according to law.
LB759
2026
LB759
2026
-19-