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107th Nebraska Legislature, First Session – Updated Activity on Bills of Interest

on Tuesday, 30 March 2021 in Dirt Alert: David C. Levy, Editor

The First Session of the 107th Nebraska Legislature convened January 6, 2021. Bill introduction concluded January 20, 2021. The deadline for priority bill listing was March 12, 2021. As of Tuesday, March 30, 2021, there are 38 days left in the session. The session is scheduled to conclude on June 10, 2021.

An updated chart of all First Session bills related to related to economic development, energy and renewable energy, government and municipal law, healthcare, liquor, real estate and financial transactions, taxation, and telecommunications is available here.

In our first update, available here, we addressed 21 bills from days one through five of bill introduction. In our second update, available here, we identified 20 additional bills of interest. Below is an update on two bills warranting particular attention.

LB 156 (Wayne) would adopt the Municipal Inland Port Authority Act. The Act would allow cities of the municipal, primary and first class to create inland port authorities in eligible areas. Eligible areas would include navigable river or waterways, major rail lines, major interstates or highways and major airports. The creation of the port authorities enables the development of shovel-ready commercial and industrial sites, as well as serving as the regional merging point for multi-modal transportation. The bill would only allow the creation of five port authorities throughout the state.

Once created, the Act would allow a port authority to levy sales and use tax, issue and sell revenue bonds, and borrow or receive money from both public and private sources. Additionally, the port authority could acquire, lease or sell real property. However, the port authority would not have eminent domain power. Port authorities would also be tax exempt.

The Urban Affairs Legislative Committee selected LB 156 as a priority bill on March 11, 2021. On March 24, the Legislature advanced the bill to Select File. We anticipate the Legislature will ultimately pass LB 156.

LB 40 (Groene) would adopt the Rural Development Projects Act. This bill would provide an incentive to develop industrial rail access business parks in counties with populations of less than 100,000. Under the bill, an eligible nonprofit economic development corporation could apply to receive a dollar-for-dollar match of its total investment in an eligible project. The bill would cap available funds at $10 million. Applicants would have to submit an application by December 31, 2022.

The bill moved to General File on March 12, 2021. On March 23, 2021, the Legislature advanced the bill to Select File. We anticipate the Legislature will ultimately pass LB 40.

All bills are on the Legislature’s website at Please contact us if you have any questions about these bills or any others the Nebraska Legislature is currently considering. Thank you.

David C. Levy

1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500