107th Nebraska Legislature, Second Session Bill Introduction Concludes
The First Session of the 107th Nebraska Legislature convened on January 5, 2022. The Legislature concluded bill introduction on January 20, 2022. As of Monday, January 24, 2022, there are 48 days left in the session, which will conclude on or about April 20, 2022.
An updated chart of all Second Session bills related to economic development, energy and renewable energy, government and municipal law, healthcare, real estate and financial transactions, taxation, and telecommunications is available here.
Bill introduction concluded on January 20, 2022. In our last update, available here, we addressed 45 bills from days one through seven of bill introduction. Following days eight through ten of bill introduction, we identified 34 additional bills and one legislative resolution warranting particular attention. Below are summaries of those bills and resolutions:
LR 276 – Interim Study to Examine Circumstances in which Conditional Use Permits Can Be Approved or Revoked
LR 276 (Blood) proposes to study the circumstances under which municipalities approve or deny conditional use permits. The scope of the study would be examining the abilities of Nebraska municipalities regarding the approval of conditional use permits, determining whether a property owner or conditional use permit holder being delinquent in paying taxes enables revocation of a conditional use permit, and deciding if more clarification for the use of conditional use permits in state statutes is necessary. On January 18, 2022 the Legislature referred this resolution to the Executive Board.
LB 1045 (Bostelman) proposes to amend the qualifications for a person to serve on a public power and irrigation district’s board of directors. Against a general rule that no employee of such a district may serve on its board of directors, section 70-618(2) presently provides an exception for high level managers in limited circumstances, such as when a director has resigned or taken unpaid leave.[1] This bill would remove that exception, meaning that no district employees, including high level managers, could serve on the board of directors. On January 20, 2022, the Legislature referred this bill to the Natural Resources Committee.
LB 1046 (Bostelman) proposes to amend the election procedure for certain public power districts’ boards of directors. Beginning in 2024, this bill would require those districts to divide their territories into four equal subdivisions. Each subdivision would then elect one board member. They would serve alongside five members at large, appointed by the Governor. These nine board members, in total, would serve staggered six-year terms. Under this bill, the Governor would also appoint a chief executive officer for each district. On January 20, 2022, the Legislature referred this bill to the Natural Resources Committee. The committee will hold a hearing on January 27, 2022.
LB 1047 (Bostelman) proposes to strengthen the Power Review Board’s energy-forecasting requirement. This bill would require that the Board include, in its biennial report, a 20-year forecast for both summer and winter peak load conditions. In addition, this bill would require any firm electric generation plant that lacks the capability to store a 45-day supply of fuel on site to identify how it plans to obtain such fuel during load periods. On January 20, 2022, the Legislature referred this bill to the Natural Resources Committee. The committee will hold a hearing on January 27, 2022.
LB 1053 (Lathrop) proposes to amend statutes relating to courts to allow judges to authorize virtual conferencing in court proceedings under certain circumstances. On January 20, 2022, the Legislature referred this bill to the Judiciary Committee.
LB 1056 (Brewer) proposes to amend statutes relating to county zoning authority. This bill would explicitly include the regulation of industrial wind turbines under county zoning authority. On January 20, 2022, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.
LB 1058 (Brewer) proposes to require any public power supplier that retires, permanently shuts down, or substantially alters or reduces the base load capacity of a base load unit before the end of its contract life to pay a severance to permanent employees terminated because of such action. The bill would also require such supplier to make payments in lieu of taxes to the political subdivisions who would have received tax money from the project for either a period of 10 years or a total of $50,000,000, whichever is greater. On January 20, 2022, the Legislature referred this bill to the Natural Resources Committee. The committee will hold a hearing on January 28, 2022.
LB 1060 (Briese) proposes to amend the Community Development Law to require a redevelopment plan’s findings are supported by clear and convincing evidence, include the governing body’s reasoning, include an analysis on the project’s return on investment with and without tax-increment financing, and are supported by at least two affidavits from experts in the field of public finance. The bill would also require anyone bringing suit, action, or proceeding involving the validity or enforceability of an agreement for a redevelopment plan that includes tax-increment financing file said suit, action, or proceeding within 30 days of the signing of the agreement. On January 20, 2022, the Legislature referred this bill to the Urban Affairs Committee.
LB 1065 (Groene) proposes to amend the Community Development Law. Under this bill, redevelopment plans that receive expedited review would no longer have a 10-year restriction on tax-increment financing. This bill would also expand expedited review to include redevelopment plans involving a vacant lot inside a substandard and blighted area located within the corporate limits of a municipality for at least sixty years and platted at least sixty years ago. On January 20, 2022, the Legislature referred this bill to the Urban Affairs Committee.
LB 1070 (Williams) proposes to appropriate $20,000,000 of federal funds to the Department of Economic Development to award grants for infrastructure related to rural workforce housing authorized by the Rural Workforce Housing Investment Act. This money comes from federal dollars allocated by the American Rescue Plan of 2021. On January 20, 2022, the Legislature referred this bill to the Appropriations Committee.
LB 1071 (Williams) proposes to appropriate $30,000,000 from the General Fund to the Department of Economic Development to fund the workforce housing grant program. On January 20, 2022, the Legislature referred this bill to the Appropriations Committee.
LB 1073 (Wayne) proposes to amend sections of Chapter 58 to establish a Department of Housing and Urban Development as an executive department of state government to address state housing needs. This bill would also create a Housing Advisory Commission who would provide an annual report on the status of housing in the state. On January 21, 2022, the Legislature referred this bill to the Urban Affairs Committee.
LB 1099 (Bostelman) proposes to create the Hydrogen Hub Industry Work Group. The Director of Economic Develop would appoint members from the manufacturing or industry, agriculture, transportation, and energy industries. The Work Group then would apply to the U.S. Department of Energy for designation as one of the four regional clean-hydrogen hubs authorized under the federal Infrastructure Investment and Jobs Act. On January 21, 2022, the Legislature referred this bill to the Natural Resources Committee.
LB 1100 (Bostelman) proposes to appropriate $1,000,000 of federal funds to the Department of Economic Development. The money would come from the federal American Rescue Plan Act of 2021 and would go toward studying the feasibility of more nuclear energy in Nebraska. Only a political subdivision that already owns or operates a nuclear plant in Nebraska could use the money. On January 21, 2022, the Legislature referred this bill to the Appropriations Committee.
LB 1101 (Bostelman) proposes to limit the Public Service Commission’s discretion in awarding funds from the Nebraska Telecommunications Universal Service Fund. Section 86-330 presently gives the Commission discretion in determining whether to withhold funds due to an internet service provider’s failure to serve underserved areas. This bill would mandate the withholding of those funds. It would also require the Commission to consider certain factors in considering whether to open a docket based on such internet service provider’s failure to serve. Under this bill, if more than 10 percent of active subscribers in an area receive less than 25 megabits per second of internet speed, there would be a rebuttable presumption of underservice. On January 21, 2022, the Legislature referred this bill to the Transportation and Telecommunications Committee.
LB 1102 (Bostelman) proposes to adopt the Environmental Response Act. Under the Act, the Department of Environment and Energy would receive funding and authorization to clean up releases of pollutants in the state. The Department could also elect to issue orders requiring any persons responsible for the release to clean it up.
If a responsible person failed to pay as required under the Act, the Department could issue administrative penalties. The Department could also issue a lien on the responsible person’s property. Exceptions to liability would apply, however, for releases caused by acts of God, acts of war, or acts of an independent third party. A responsible party could also avoid liability by voluntarily remedying the contamination in accordance with Remedial Action Plan Monitoring Act.
In many respects, this Act would resemble the federal Comprehensive Environmental Response, Compensation, and Liability Act. On January 21, 2022, the Legislature referred this bill to the Natural Resources Committee.
LB 1118 (Wayne) proposes amend the Cities Airport Authorities Act to provide for the election of members of an airport authority board in a city of the metropolitan class. Such members elected under this bill would serve four year terms. On January 21, 2022, the Legislature referred this bill to the Urban Affairs Committee.
LB 1119 (Wayne) proposes to amend the Cities Airport Authorities Act to limit any authority established by a city of the metropolitan class from making rules and regulations that allow any rentals, fees, or other charges established and collected by the authority to be assessed as a percentage of gross receipts. On January 21, 2022, the Legislature referred this bill to the Urban Affairs Committee.
LB 1134 (Morfeld) proposes to amend statutes relating to political accountability and disclosure to include a member of a board of directors or an employee of a corporation organized under the Electric Cooperative Corporation Act. On January 21, 2022, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.
LB 1135 (Murman) proposes to amend statutes relating to conservation or preservation easements. This bill would require the appropriate governing body to send a letter stating its approval or denial of a conservation or preservation easement to the land owner and the holder of the easement. It would provide a process to protest any decision of the governing body. This bill would extend the planning commission’s review period from 60 days to 90 days and change the presumption of approval to a presumption of denial. It would also clarify when to record a conservation or preservation easement.
The bill also proposes to require the applicant of a conservation or preservation easement to state the duration of the easement. It would limit the duration to 99 years with the possibility of an extension. Finally, this bill would require the termination of the entire conservation or preservation easement if a governing body condemns the land for public use. On January 21, 2022, the Legislature referred this bill to the Judiciary Committee.
LB 1139 (M. Hansen) proposes to amend statutes relating to political accountability and disclosure. This bill would limit 501(c)(12) corporations from making a contribution or expenditure, including any in-kind, or provide personal services to a campaign for or against the nomination of an election of a candidate, a campaign for or against the qualification, passage, or defeat of a ballot question, or in support or opposition to the introduction, enactment, or executive approval of any legislation or legislative resolution. On January 21, 2022, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.
LB 1142 (Vargas) proposes to appropriate $25,000,000 of federal funds to the Nebraska Investment Finance Authority to support the development of affordable housing units through the four‑percent and nine‑percent federal low-income housing tax credit programs. This money comes from federal dollars allocated from the American Rescue Plan of 2021. On January 21, 2022, the Legislature referred this bill to the Appropriations Committee.
LB 1146 (Friesen) proposes to amend the Interlocal Cooperation Act to require only members of the governing bodies of the public agencies party to an agreement to comprise the membership of any separate legal or administrative entity. The bill would require eligible voters of the public agencies to approve the creation of a joint entity. It would also require eligible voters of the public agencies to approve bonds issued for any building or infrastructure project. On January 21, 2022, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.
LB 1176 (Bostar) proposes to amend the Affordable Housing Tax Credit Act to require any member of an entity receiving an affordable housing tax credit to have been admitted as partners or members, or to have acquired their shares, on or prior to February 15 of the year in which they file their tax return or amended return. This bill would also allow an insurance company to receive a credit on the tax imposed in the Act. On January 21, 2022, the Legislature referred this bill to the Revenue Committee.
LB 1185 (Morfeld) proposes to amend the Electric Cooperative Corporation Act which would limit the application of the Act to those corporations engaged in the sale of electricity at retail to end users. On January 21, 2022, the Legislature referred this bill to the Natural Resources Committee.
LB 1205 (McKinney) proposes to create the Ernie Chambers History-Arts-Humanities Museum Assistance Fund. Money from this fund would go towards construction of the Ernie Chambers History-Arts-Humanities Museum in honor of the legacy of Nebraska’s longest serving state senator and educate the public on the legacy of the unique Nebraska Unicameral Legislature. The Nebraska State Historical Society would administer the fund. As of publication, the Legislature has not yet referred this bill to a committee.
LB 1226 (Wayne) proposes to amend statutes relating to real estate sold for delinquent property taxes. This bill would provide updated notice and purchase requirements for real property not legally occupied and deemed vacant and abandoned. It would also provide a list of factors for consideration when determining whether a property is vacant and abandoned. As of publication, the Legislature has not yet referred this bill to a committee.
LB 1227 (Wayne) proposes to amend the Nebraska Municipal Land Bank Act to allow land banks to receive federal funds allocated to the state from the federal Coronavirus State Fiscal Recovery Fund to demolish buildings. This money comes from federal dollars allocated from the American Rescue Plan of 2021. As of publication, the Legislature has not yet referred this bill to a committee.
LB 1234 (Friesen) proposes to grant telecommunications carriers an expedited approval process to cross railroad carriers’ rights of way. Under this bill, if a railroad carrier did not respond within 30 days of a written application to cross, the Public Service Commission could enter an order granting a permit to that effect. The permit would entitle the telecommunications carrier to reasonably install its line, wire, or cable across the railroad’s right of way absent the railroad’s approval. As of publication, the Legislature has not yet referred this bill to a committee.
LB 1252 (Vargas) proposes to appropriate $20,000,000 of federal funds to the Department of Economic Development to support the development of middle-income housing in urban areas authorized by the Middle Income Workforce Housing Investment Act. This money comes from federal dollars allocated from the American Rescue Plan of 2021. As of publication, the Legislature has not yet referred this bill to a committee.
LB 1255 (Bostar) proposes to appropriate $150,000 to the University of Nebraska to conduct climate-change research. The money would come from the federal American Rescue Plan Act of 2021. It would go toward updating the 2014 Assessing Climate Change report and hiring a third-party organization to recommend responses to the updated report. Both the updated report and recommendations would be due to the Legislature and Governor by December 1, 2024. As of publication, the Legislature has not yet referred this bill to a committee.
LB 1257 (Bostar) proposes to appropriate $10,000,000 to the Department of Transportation to expand electric-vehicle charging stations. The money would come from the federal American Rescue Plan Act of 2021. The Department would use the money to administer a competitive grant program in which it provided matching funds to entities for installation of a comprehensive statewide network of fast-charging stations for electric vehicles. As of publication, the Legislature has not yet referred this bill to a committee.
LB 1258 (Bostar) proposes to adopt the Peer-to-Peer Vehicle Sharing Program Act. The Act would regulate peer-to-peer vehicle sharing programs in the state. It would also require that any such program assume liability for its vehicles and adequately insure such vehicles. As of publication, the Legislature has not yet referred this bill to a committee.
LB 1275 (Groene) proposes to adopt the Medicinal Cannabis Act. The Act would legalize the possession and use of cannabis for medicinal purposes. A qualified patient under the Act could possess any amount of cannabis containing no more than a gram and a 15 percent concentration of delta-9 tetrahydrocannabinol. But a patient could only possess up to 2.5 ounces of cannabis containing more than that concentration of delta-9 tetrahydrocannabinol. To acquire cannabis, a person would first need a written certification from a licensed health-care practitioner.
Practitioners could only issue such certifications to patients with whom they have a bona-fide practitioner-patient relationship and after completing a thorough evaluation for a qualifying medical condition. Qualifying medical conditions would include stage IV cancer, uncontrolled seizures, severe or persistent muscle spasms caused by multiple sclerosis or muscular dystrophy, and terminal illnesses with a probable life expectancy of less than one year. A health-care practitioner’s certification would allow the patient to enroll in a cannabis registry program. That enrollment would be the patient’s license to acquire and use cannabis from a dispensary.
It would also protect the patient from certain criminal and civil prosecution for possession of a controlled substance under state law. The Act would not allow patients to themselves grow cannabis. To administer these provisions, the Act would create the Cannabis Enforcement Department. Overseen by a Medicinal Cannabis Board of appointed representatives, the Department could register up to five dispensaries in each congressional district. Dispensaries would apply in a competitive process and remain subject to various restrictions. As of publication, the Legislature has not yet referred this bill to a committee.
All bills are available on the Nebraska Legislature’s website at http://www.nebraskalegislature.gov/bills/. Please contact us if you have any questions about these bills or any others the Nebraska Legislature is currently considering. Thank you.
[1] All references are to the Nebraska Revised Statutes.