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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 916
Introduced by Meyer, G., 17.
Read first time January 09, 2026
Committee: Natural Resources
A BILL FOR AN ACT relating to carbon oxide; to amend sections 57-1101,1
57-1602, 57-1610, and 57-1612, Reissue Revised Statutes of Nebraska;2
to provide requirements for the approval of pipelines for the3
transport of carbon dioxide; to change provisions relating to4
eminent domain and the Nebraska Geologic Storage of Carbon Dioxide5
Act; to harmonize provisions; to provide an operative date; and to6
repeal the original sections. 7
Be it enacted by the people of the State of Nebraska,8
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Section 1. The Nebraska Oil and Gas Conservation Commission may1
approve an application for the construction of a pipeline to be used for2
the transport of liquid carbon dioxide provided that evidence is first3
presented to the satisfaction of the commission showing a compelling need4
to reduce greenhouse gas emissions in Nebraska, that the proposed5
pipeline shall be operationally safe, that the proposed pipeline shall6
not incur any costs to the taxpayers of Nebraska, that the proposed7
pipeline shall result in the reduction of greenhouse gas emissions, that8
the proposed pipeline shall not harm the environment, and that the9
proposed pipeline shall provide an economic benefit to Nebraska and its10
citizens. 11
Sec. 2. Notwithstanding any other provision of law, a person may12
not exercise the right of eminent domain to acquire a right-of-way for,13
to construct, or to operate a pipeline for the preponderant purpose of14
transporting carbon oxide. 15
Sec. 3. Section 57-1101, Reissue Revised Statutes of Nebraska, is16
amended to read: 17
57-1101 Any person engaged in, and any company, corporation, or18
association formed or created for the purpose of, transporting or19
conveying crude oil, petroleum, gases, or other products thereof ,20
excluding carbon oxide, in interstate commerce through or across the21
State of Nebraska or intrastate within the State of Nebraska, and22
desiring or requiring a right-of-way or other interest in real estate and23
being unable to agree with the owner or lessee of any land, lot, right-24
of-way, or other property for the amount of compensation for the use and25
occupancy of so much of any lot, land, real estate, right-of-way, or26
other property as may be reasonably necessary for the laying, relaying,27
operation, and maintenance of any such pipeline or the location of any28
plant or equipment necessary to operate such pipeline, shall have the29
right to acquire the same for such purpose through the exercise of the30
power of eminent domain, except that for any major oil pipeline as31
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defined in section 57-1404 to be placed in operation in the State of1
Nebraska after November 23, 2011, any such person, company, corporation,2
or association shall comply with section 57-1503 and receive the approval3
of the Governor for the route of the pipeline under such section or shall4
apply for and receive an order approving the application under the Major5
Oil Pipeline Siting Act, prior to having the rights provided under this6
section. If condemnation procedures have not been commenced within two7
years after the date the Governor's approval is granted or after the date8
of receipt of an order approving an application under the Major Oil9
Pipeline Siting Act, the right under this section expires. The procedure10
to condemn property shall be exercised in the manner set forth in11
sections 76-704 to 76-724. 12
Sec. 4. Section 57-1602, Reissue Revised Statutes of Nebraska, is13
amended to read: 14
57-1602 The Legislature finds that the geologic , recognizes, and15
declares that it is in the public interest to promote the geologic16
storage of carbon dioxide. Doing so will benefit the state and the global17
environment by reducing greenhouse gas emissions and will help ensure the18
viability of the state's energy and power industries, to the economic19
benefit of Nebraska and its citizens. Further, geologic storage of carbon20
dioxide, a potentially valuable commodity, may allow for its ready21
availability if needed for commercial, industrial, or other uses.22
Geologic storage of carbon dioxide , however, to be practical and23
effective, requires cooperative use of surface and subsurface property24
interests and the collaboration of property owners in order to be25
practical and effective. Obtaining consent from all affected property26
owners is required before construction can begin on a storage facility.27
may not be feasible, requiring procedures that promote, in a manner fair28
to all interests, cooperative management, thereby ensuring the maximum29
use of natural resources. Use of any subsurface stratum and any materials30
and fluids contained therein for geologic storage of carbon dioxide is a31
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reasonable and beneficial use. 1
Sec. 5. Section 57-1610, Reissue Revised Statutes of Nebraska, is2
amended to read: 3
57-1610 Before issuing a permit, the commission shall find:4
(1) That the storage operator has complied with all requirements set5
by the commission; 6
(2) That the storage facility is suitable and feasible for carbon7
dioxide injection and storage; 8
(3) That the carbon dioxide to be stored is of a quality that allows9
it to be safely and efficiently stored in the storage reservoir;10
(4) That the proposed storage facility will not endanger surface11
waters or underground sources of drinking water; 12
(5) That carbon dioxide will not escape into the atmosphere or13
surface waters from the storage reservoir; 14
(6) That the storage facility will not endanger human health or15
unduly endanger the environment; 16
(7) That the horizontal and vertical boundaries of the storage17
reservoir are defined; 18
(8) That the storage operator will establish a testing and19
monitoring plan to assess the location and migration of carbon dioxide20
injected for storage and to ensure compliance with all permit, statutory,21
and administrative requirements; 22
(9) That the storage operator has satisfied all of the requirements23
in subdivisions (2) through (8) of this section if the storage operator24
has obtained all permits required by the applicable underground injection25
control program permitting authority for each storage facility injection26
well; 27
(10) That the storage facility is in the public interest;28
(11) In accordance with the United States Environmental Protection29
Agency Underground Injection Control Program, that the storage operator30
has completed a comprehensive geologic study which includes a seismic31
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risk assessment; 1
(12) That the storage operator has obtained made a good-faith effort2
to obtain the consent of all persons who own reservoir estates within the3
storage reservoir; and 4
(13) That the storage operator has obtained the consent of persons5
who own reservoir estates comprising at least sixty percent of the6
physical volume contained within the defined storage reservoir;7
(13) (14) Whether the storage reservoir contains commercially8
valuable minerals. If it does, a permit may be issued only if the9
commission is satisfied that the interests of the mineral owners or10
mineral lessees will not be adversely affected or have been addressed in11
an arrangement entered into by the mineral owners or mineral lessees and12
the storage operator. ; and 13
(15) That all nonconsenting reservoir estate owners are or will be14
equitably compensated. 15
Sec. 6. Section 57-1612, Reissue Revised Statutes of Nebraska, is16
amended to read: 17
57-1612 If a storage operator does not obtain the consent of all18
persons who own a reservoir estate within the storage reservoir, the19
commission shall not issue a permit. may require that any reservoir20
estates owned by nonconsenting owners be included in a storage facility21
and subject to geologic storage. 22
Sec. 7. This act becomes operative on January 1, 2027.23
Sec. 8. Original sections 57-1101, 57-1602, 57-1610, and 57-1612,24
Reissue Revised Statutes of Nebraska, are repealed.25
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