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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 760
Introduced by Brandt, 32.
Read first time January 07, 2026
Committee: Natural Resources
A BILL FOR AN ACT relating to the Environmental Safety Act; to amend1
sections 81-15,261, 81-15,265, 81-15,267, 81-15,268, 81-15,270,2
81-15,273, 81-15,274, 81-15,275, 81-15,277, 81-15,288, 81-15,289,3
and 81-15,291, Reissue Revised Statutes of Nebraska, and sections4
81-502, 81-15,262, 81-15,263, and 81-15,300, Revised Statutes5
Supplement, 2025; to restate findings; to define a term; to change6
provisions regarding authority of the Department of Water, Energy,7
and Environment relating to the regulation of swimming pools,8
recreation camps, and mobile home parks; to provide authority to9
counties, cities, and villages to regulate swimming pools,10
recreation camps, and mobile home parks; to change and eliminate11
provisions relating to swimming pools, recreation camps, and mobile12
home parks; to eliminate provisions relating to a private water13
supply and private sewage disposal facilities; to eliminate the14
Environmental Safety Cash Fund; to harmonize provisions; to repeal15
the original sections; and to outright repeal sections 81-15,266,16
81-15,269, 81-15,272, 81-15,276, 81-15,280, 81-15,281, 81-15,282,17
81-15,283, 81-15,284, 81-15,285, 81-15,286, 81-15,287, and18
81-15,290, Reissue Revised Statutes of Nebraska, and sections19
81-15,292 and 81-15,299, Revised Statutes Supplement, 2025.20
Be it enacted by the people of the State of Nebraska,21
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Section 1. Section 81-502, Revised Statutes Supplement, 2025, is1
amended to read: 2
81-502 (1) It shall be the duty of the State Fire Marshal, under3
authority of the Governor: 4
(a) To enforce all laws of the state relating to the suppression of5
arson and investigation of the cause, origin, and circumstances of fires;6
(b) To promote safety and reduce loss by fire; and7
(c) To make an investigation for fire safety of the premises and8
facilities of: 9
(i) Liquor establishments for which a license or renewal of a10
license is sought, upon request of the Nebraska Liquor Control11
Commission, pursuant to section 53-119.01; 12
(ii) Licensed foster care facilities or applicants for licenses for13
foster care facilities, upon request by the Department of Health and14
Human Services, pursuant to section 71-1903; 15
(iii) Upon request of the Department of Health and Human Services,16
licensed providers of programs or applicants for licenses to provide such17
programs pursuant to section 71-1913 and licensed residential child-18
caring agencies or applicants for such licensure pursuant to section19
71-1934. The State Fire Marshal shall report the results of the20
investigation to the department within thirty days after receipt of the21
request from the department; 22
(iv) Licensed hospitals, skilled nursing facilities, intermediate23
care facilities, or other health care facilities which are licensed under24
the Health Care Facility Licensure Act or applicants for licenses for25
such facilities or institutions, upon request by the Department of Health26
and Human Services, pursuant to section 71-441; and27
(v) Mobile home parks for which a license or renewal of a license is28
sought, upon request of a local government the Department of Water,29
Energy, and Environment, pursuant to section 81-15,291.30
(2) The State Fire Marshal may enter into contracts with private31
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individuals or other agencies, boards, commissions, or governmental1
bodies for the purpose of carrying out his or her duties and2
responsibilities pursuant to the Arson Reporting Immunity Act, the3
Nebraska Natural Gas Pipeline Safety Act of 1969, and sections 81-502 to4
81-538, 81-5,132 to 81-5,146, and 81-5,151 to 81-5,157.5
(3) The State Fire Marshal may delegate the authority set forth in6
this section and section 81-503.01 to qualified local fire prevention7
personnel. The State Fire Marshal may overrule a decision, act, or policy8
of the local fire prevention personnel. Such delegation of authority may9
be revoked by the State Fire Marshal for cause upon thirty days' notice10
after a hearing. 11
(4) The State Fire Marshal, first assistant fire marshal, and12
deputies shall have such other powers and perform such other duties as13
are set forth in sections 81-501.01 to 81-531 and 81-5,151 to 81-5,15714
and as may be conferred and imposed by law. 15
Sec. 2. Section 81-15,261, Reissue Revised Statutes of Nebraska, is16
amended to read: 17
81-15,261 Sections 81-15,261 to 81-15,291 81-15,292 shall be known18
and may be cited as the Environmental Safety Act. 19
Sec. 3. Section 81-15,262, Revised Statutes Supplement, 2025, is20
amended to read: 21
81-15,262 The Legislature finds that: 22
(1) Best practices in environmental safety and protection recognize23
that the regulation of water supply and disposal infrastructure are24
connected; 25
(2) The proper design, construction, and monitoring of water and26
wastewater uses is critical for the safety and sustainability of27
communities in the State of Nebraska; 28
(3) The regulation of mobile homes, recreation camps, and swimming29
pools provide fundamental environmental safety for persons who use them;30
and 31
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(4) Consolidating the administration of state environmental safety1
programs and the environmental and water programs of the United States2
Environmental Protection Agency delegated to the State of Nebraska into3
the Department of Water, Energy, and Environment will better serve the4
communities in the State of Nebraska. Experience with the administration5
of these programs demonstrates that they are carried out most effectively6
through coordinated partnerships between the state and local governments.7
Sec. 4. Section 81-15,263, Revised Statutes Supplement, 2025, is8
amended to read: 9
81-15,263 For purposes of the Environmental Safety Act:10
(1) Department means the Department of Water, Energy, and11
Environment; and 12
(2) Director means the Director of Water, Energy, and Environment ;13
and . 14
(3) Local government means a county, city, or village in the state.15
Sec. 5. Section 81-15,265, Reissue Revised Statutes of Nebraska, is16
amended to read: 17
81-15,265 (1) The department shall prepare, adopt , and have18
available minimum sanitary and safety requirements in the form of19
regulations for the design and , construction , equipment, and operation20
of swimming pools and bather preparation facilities. Such regulations21
requirements shall include, but not be limited to, provisions for waiver22
or variance of design standards and the circumstances under which such23
waiver or variance may be granted. No swimming pool shall be constructed24
until plans and specifications have been approved by the department.25
(2) A local government may by resolution, ordinance, or regulation26
adopt minimum sanitary and safety requirements for the equipment and27
operation of swimming pools and bather preparation facilities.28
Sec. 6. Section 81-15,267, Reissue Revised Statutes of Nebraska, is29
amended to read: 30
81-15,267 After January 1, 1970, swimming pools shall have31
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equipment and shall be operated so as to comply with the minimum sanitary1
and safety requirements provided in section 81-15,265. After such date no2
swimming pool shall operate until it has received a permit from the3
department. Application for a permit to operate shall be submitted on4
forms provided by the department. Swimming pools constructed prior to5
January 1, 1970, which do not fully comply with the minimum sanitary and6
safety requirements as regards design and construction requirements may7
continue to operate may be continued in use for such period as the8
department may authorize if the equipment and operation of such swimming9
pool comply with the minimum sanitary and safety requirements.10
Sec. 7. Section 81-15,268, Reissue Revised Statutes of Nebraska, is11
amended to read: 12
81-15,268 (1) The local government which exercises jurisdiction over13
a swimming pool may inspect such department shall make at least one14
inspection every year of each swimming pool to determine that such15
swimming pool complies with the minimum sanitary and safety requirements16
established by the local government. 17
(2) The owner and operator of any swimming pool shall operate such18
swimming pool in compliance with minimum sanitary and safety requirements19
established by the local government which exercises jurisdiction over20
such swimming pool. The owner and operator of any swimming pool shall21
retain for three years submit such operation and analytical records as22
may be requested at any time by the department to determine the sanitary23
and safety condition of the swimming pool and shall make such records24
available to the local government upon request. 25
(3) The department shall adopt and promulgate rules and regulations26
which classify swimming pools on the basis of criteria deemed appropriate27
by the department. The department shall charge engineering firms,28
swimming pool owners, and other appropriate parties fees established by29
rules and regulations for the review of plans and specifications of a30
swimming pool, the issuance of a construction license or permit, the31
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inspection of a swimming pool, and any other services rendered at a rate1
which defrays no more than the actual cost of the services provided. All2
fees shall be paid as a condition of annual renewal of licensure or of3
continuance of licensure. Fees collected under this subsection for the4
review of plans and specifications and the issuance of a construction5
permit shall be remitted to the State Treasurer for credit to the6
Engineering Plan Review Cash Fund. All other fees collected under this7
subsection shall be remitted to the State Treasurer for credit to the8
Environmental Safety Cash Fund. The department shall not charge a9
municipal corporation an inspection fee for an inspection of a swimming10
pool owned by such municipal corporation. 11
(4) The operator of any swimming pool shall maintain a certificate12
of competency for swimming pools. The department shall maintain a list of13
acceptable pool operator competency courses. (4) The department shall14
establish and collect fees for certificates of competency for swimming15
pool operators. All fees collected under this subsection shall be16
remitted to the State Treasurer for credit to the Environmental Safety17
Cash Fund. 18
(5) All rules and regulations adopted prior to the effective date of19
this act July 1, 2021, under sections 81-15,264 to 81-15,270, as such20
sections existed prior to such date, shall continue to be effective to21
the extent not in conflict with the changes made by this legislative bill22
Laws 2021, LB148, until amended or repealed by the department.23
(6) All licenses, permits, or other forms of approval issued prior24
to the effective date of this act July 1, 2021 , in accordance with25
sections 81-15,264 to 81-15,270, as such sections existed prior to such26
date, shall remain valid as issued for purposes of the changes made by27
this legislative bill Laws 2021, LB148, unless revoked or otherwise28
terminated by law. 29
(7) Any suit, action, or other proceeding, judicial or30
administrative, which was lawfully commenced prior to the effective date31
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of this act July 1, 2021, under sections 81-15,264 to 81-15,270, as such1
sections existed prior to such date, shall be subject to the provisions2
of such sections as they existed prior to the effective date of this act3
July 1, 2021. 4
Sec. 8. Section 81-15,270, Reissue Revised Statutes of Nebraska, is5
amended to read: 6
81-15,270 Any owner or operator of a swimming pool failing to7
maintain a certificate of competency as required by section 81-15,268 or8
failing to comply with the minimum sanitary and safety requirements9
established by the local government with jurisdiction over such swimming10
pool any of the provisions of sections 81-15,264 to 81-15,270 shall be11
subject to enforcement, penalties, or other remedies as established by12
such local government. guilty of maintaining a public nuisance, and it13
shall be the duty of the county attorney of the county in which such14
swimming pool is located to act as provided by law for the abatement of15
public nuisances. 16
Sec. 9. Section 81-15,273, Reissue Revised Statutes of Nebraska, is17
amended to read: 18
81-15,273 The local government which has jurisdiction over a19
recreation camp may make inspections It shall be the duty of the20
department to make at least one annual inspection of such each recreation21
camp. The local government duly authorized representatives of the22
department shall have the right of entry and access to any such camp at23
any reasonable time. 24
Where, upon inspection, it is found that there is failure to protect25
the health and safety of the persons using the camp, or a failure to26
comply with the minimum health and safety requirements established by the27
local government which has jurisdiction over such recreation camp, such28
local government camp regulations prescribed by the department, the29
department shall give notice to the camp operator of such failure, which30
notice shall set forth the reason or reasons for such failure.31
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Sec. 10. Section 81-15,274, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
81-15,274 Operation of a recreation camp (1) A permit may be3
temporarily suspended by the local government which has jurisdiction over4
such recreation camp department for failure to protect the health and5
safety of the occupants of the camp or failure to comply with the minimum6
health and safety requirements established by such local government camp7
regulations prescribed by the department. 8
(2) A permit may be revoked at any time, after notice and9
opportunity for a fair hearing held by the department, if it is found10
that the camp for which the permit is issued is maintained or operated in11
violation of law or of any regulations applicable to a camp or in12
violation of the conditions stated in the permit. A new permit shall not13
be issued until the department is satisfied that the camp will be14
operated in compliance with the law and regulations.15
Sec. 11. Section 81-15,275, Reissue Revised Statutes of Nebraska, is16
amended to read: 17
81-15,275 A local government may by resolution, ordinance, or18
regulation adopt minimum health and safety requirements to protect the19
health and safety of persons in attendance at recreation camps. (1) The20
department is authorized to and shall formulate, adopt, publish,21
promulgate, and enforce such reasonable rules and regulations as it deems22
necessary to enforce sections 81-15,271 to 81-15,277 and to protect the23
health and welfare of persons in attendance at recreation camps.24
(2) All rules and regulations adopted prior to July 1, 2021, under25
sections 81-15,271 to 81-15,277, as such sections existed prior to such26
date, shall continue to be effective to the extent not in conflict with27
the changes made by Laws 2021, LB148, and until amended or repealed by28
the department. 29
(3) All permits or other forms of approval issued prior to July 1,30
2021, in accordance with sections 81-15,271 to 81-15,277, as such31
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sections existed prior to such date, shall remain valid as issued for1
purposes of the changes made by Laws 2021, LB148, unless revoked or2
otherwise terminated by law. 3
(4) Any suit, action, or other proceeding, judicial or4
administrative, which was lawfully commenced prior to July 1, 2021, under5
sections 81-15,271 to 81-15,277, as such sections existed prior to such6
date, shall be subject to the provisions of such sections as they existed7
prior to July 1, 2021. 8
Sec. 12. Section 81-15,277, Reissue Revised Statutes of Nebraska, is9
amended to read: 10
81-15,277 Any person who violates the minimum health and safety11
requirements of a recreation camp which were established by the local12
government which has jurisdiction over such recreation camp shall be13
subject to enforcement, penalties, or other remedies as established by14
such local government. shall violate any of the provisions of sections15
81-15,271 to 81-15,277 or of the regulations or standards adopted and16
promulgated under such sections shall be guilty of a Class V misdemeanor.17
Sec. 13. Section 81-15,288, Reissue Revised Statutes of Nebraska, is18
amended to read: 19
81-15,288 (1) A local government may by resolution, ordinance, or20
regulation adopt minimum requirements for the establishment, operation,21
and maintenance of mobile home parks. 22
(2) A local government may (1) The department shall issue licenses23
for the establishment, operation, and maintenance of mobile home parks24
which are found to comply with the Uniform Standard Code for Mobile Home25
Parks and such minimum requirements established by such local government.26
rules, regulations, and standards as are lawfully adopted and promulgated27
by the department pursuant thereto. 28
(2) The department shall deny, refuse renewal of, suspend, or revoke29
licenses or impose a civil penalty not to exceed two thousand dollars per30
day on any of the following grounds: 31
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(a) Violation of any of the provisions of the code or the rules,1
regulations, and standards lawfully adopted and promulgated pursuant2
thereto; 3
(b) Permitting, aiding, or abetting the commission of any unlawful4
act; or 5
(c) Conduct or utility or sanitation practices detrimental to the6
health or safety of residents of a mobile home park.7
(3) Should the department determine to deny, refuse renewal of,8
suspend, or revoke a license or impose a civil penalty, it shall send to9
the applicant or licensee, by either certified or registered mail, a10
notice setting forth the specific reasons for the determination.11
(4) The denial, refusal of renewal, suspension, revocation, or12
imposition of a civil penalty shall become final thirty days after the13
mailing of the notice in all cases of failure to pay the required14
licensure fee if not paid by the end of such period, and in all other15
instances unless the applicant or licensee, within such thirty-day16
period, shall give written notice of a desire for a hearing. Thereupon17
the applicant or licensee shall be given opportunity for a formal hearing18
before the department and shall have the right to present evidence on his19
or her own behalf. 20
(5) The procedure governing hearings authorized by this section21
shall be in accordance with the Administrative Procedure Act. On the22
basis of the evidence presented, the determination involved shall be23
affirmed or set aside, and a copy of such decision setting forth the24
findings of facts and the specific reasons upon which it is based shall25
be sent by either certified or registered mail to the applicant or26
licensee. The applicant or licensee may appeal such decision, and the27
appeal shall be in accordance with the Administrative Procedure Act.28
(6) The department shall remit any collected civil penalty to the29
State Treasurer for distribution in accordance with Article VII, section30
5, of the Constitution of Nebraska. 31
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Sec. 14. Section 81-15,289, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
81-15,289 Any person who establishes, conducts, operates, or3
maintains a mobile home park in violation of the minimum requirements of4
a mobile home park established by the local government which has5
jurisdiction over such mobile home park shall be subject to enforcement,6
penalties, or other remedies as established by the local government.7
without first obtaining a license therefor from the department as8
provided in the Uniform Standard Code for Mobile Home Parks shall be9
guilty of a Class IV misdemeanor, and each day such mobile home park10
shall operate without a license after a first conviction shall be11
considered a separate offense. Such person shall also be guilty of12
maintaining a nuisance pursuant to section 28-1321, and upon conviction13
thereof, in addition to payment of the fine, such nuisance shall be14
removed. 15
Sec. 15. Section 81-15,291, Reissue Revised Statutes of Nebraska, is16
amended to read: 17
81-15,291 A local government The department may request the State18
Fire Marshal to inspect for fire safety any mobile home park which the19
local government has jurisdiction over for which a license or renewal of20
a license is sought, pursuant to section 81-502. The State Fire Marshal21
shall assess a fee for such inspection pursuant to section 81-505.01 and22
payable by the licensee or applicant for a license. The authority to make23
such investigations may be delegated to qualified local fire prevention24
personnel pursuant to section 81-502. 25
Sec. 16. Section 81-15,300, Revised Statutes Supplement, 2025, is26
amended to read: 27
81-15,300 There is hereby created the Engineering Plan Review Cash28
Fund which shall be used to pay the expenses of the Department of Water,29
Energy, and Environment related to engineering reviews of plans and30
specifications, including those under subsection (2) (3) of section31
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81-15,268 and subsection (2) of section 81-15,282. Transfers may be made1
from the fund to the General Fund at the direction of the Legislature.2
Any money in the Engineering Plan Review Cash Fund available for3
investment shall be invested by the state investment officer pursuant to4
the Nebraska Capital Expansion Act and the Nebraska State Funds5
Investment Act. 6
Sec. 17. Original sections 81-15,261, 81-15,265, 81-15,267,7
81-15,268, 81-15,270, 81-15,273, 81-15,274, 81-15,275, 81-15,277,8
81-15,288, 81-15,289, and 81-15,291, Reissue Revised Statutes of9
Nebraska, and sections 81-502, 81-15,262, 81-15,263, and 81-15,300,10
Revised Statutes Supplement, 2025, are repealed. 11
Sec. 18. The following sections are outright repealed: Sections12
81-15,266, 81-15,269, 81-15,272, 81-15,276, 81-15,280, 81-15,281,13
81-15,282, 81-15,283, 81-15,284, 81-15,285, 81-15,286, 81-15,287, and14
81-15,290, Reissue Revised Statutes of Nebraska, and sections 81-15,29215
and 81-15,299, Revised Statutes Supplement, 2025. 16
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