Nebraska Legislature Considers 87 Bills Impacting Agriculture, the Environment, Natural Resources, and Regulated Substances

The Second Regular Session of the 108th Nebraska Legislature convened on January 3, 2024.  Forty-seven legislative days remain in the session as of January 22, 2024.  The Legislature will adjourn sine die on April 18.

Because this is the Second Regular Session, bills that did not pass last Session carry over to this Session.  Senators also had until last week to introduce new bills.  Below are summaries of the 50 carry-over and 37 newly introduced bills that would impact agriculture, the environment, natural resources, and regulated substances.  Summaries in our companion newsletter, the Dirt Alert, are at this link.

Newly Introduced Bills

LB 828 (Blood) would amend the Nebraska Apiary Act to create a Pollinator Task Force and a Nebraska Apiary Registry.  The Task Force would develop a pollinator plan to achieve a healthy and sustainable pollinator population in Nebraska.  The Registry would require annual registration of any apiary and such registration would result in immunity for certain damages related to bees.  On January 5, 2024, the Legislature referred this bill to the Agriculture Committee, which will hold a hearing on January 30, 2024.

LB 831 (Blood) proposes to amend the Noxious Weed Control Act to provide for the control of restricted plants in addition to noxious weeds.  The Department of Agriculture would be responsible for designating plant species that are restricted plants and persons would be prohibited from planting, propagating, offering for sale, selling, or otherwise distributing restricted plants.  On January 5, 2024, the Legislature referred this bill to the Agriculture Committee, which will hold a hearing on January 30, 2024.

LB 836 (Lowe) would amend the Nebraska Liquor Control Act.  The amendment would require retail licensees with a retail sales floor larger than 2,500 square feet to avoid placing “co-branded alcoholic beverages” immediately adjacent to any soft drink, fruit juice, bottled water, candy, or snack food portraying cartoons or youth-oriented images or, in the alternative, equip such display with signage indicating the product is an alcoholic beverage.  The amendment defines a co-branded alcoholic beverage as “an alcoholic liquor beverage containing the same or similar brand name, logo, or packaging as a nonalcoholic beverage.”  On January 5, 2024, the Legislature referred this bill to the General Affairs Committee, which will hold a hearing on January 22, 2024.

LB 859 (Linehan) proposes to amend the Nebraska Political Accountability and Disclosure Act.  The amendment would subject any person holding an elective office of any political subdivision not designated in section 49-1493 of the Nebraska Revised Statutes[1] to the conflicts requirements of section 49-1499.03.  Section 49-1499.03 currently limits applicability to persons holding an elective office of a city, village, or school district.  On January 5, 2024, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.

LB 868 (Bostelman) would allow money in the Petroleum Release Remedial Action Cash Fund to be spent for reimbursement for the costs of remedial action in response to a release first reported after July 17, 1983, and on or before June 30, 2028 (currently the sunset date is June 30, 2024).  On January 5, 2024, the Legislature referred this bill to the Natural Resources Committee, which will hold a hearing on January 24, 2024.

LB 875  (Hughes) proposes to amend the Liquor Control Act to prohibit retail licensees authorized to sell for consumption off the licensed premises in original packages only to sell alcoholic liquor or beer at less than the cost to the licensee to purchase the alcoholic liquor or beer.  On January 5, 2024, the Legislature referred this bill to the General Affairs Committee. 

LB 877  (Holdcroft) would allow special valuation for agricultural or horticultural land consisting of less than five contiguous acres if the owner or lessee of the land provides an Internal Revenue Service Schedule F or other suitable tax document reporting a profit or loss from farming for two out of the last three years for such land.  The changes would apply retroactively to January 1, 2023.  On January 5, 2024, the Legislature referred this bill to the Revenue Committee. 

LB 880 (Hughes) proposes to remove requirements of consultation with the Director Public Health of the Division of Public Health for decisions regarding the Land Acquisition and Source Water Loan Fund. On January 5, 2024, the Legislature referred this bill to the Natural Resources Committee, which will hold a hearing on January 24, 2024.

LB 923  (McKinney) would allow the use of a tribal enrollment card to establish proof of age and/or identification for the purpose of purchasing a keg or consuming alcoholic liquor.  On January 8, 2024, the Legislature referred this bill to the Judiciary Committee.

LB 999 (Ibach) proposes to amend the Hemp Farming Act to provide an exception for “cannabidiol products.” The amendment defines cannabidiol products as “finished consumer products that contain cannabidiol extracted or derived from hemp and do not contain any amount or concentration of other cannabinoids, including, but not limited to, tetrahydrocannabinol or any isomers, acids, salts, and salts of isomers of tetrahydrocannabinol.”  The amendment would also terminate the Nebraska Hemp Program Fund and the Hemp Promotion Fund.  On January 9, 2024, the Legislature referred this bill to the Agriculture Committee.

LB 1002  (Brandt) would amend the Nebraska Biodiesel Tax Credit Act to increase the annual limit on tax credit dollars from $1,000,000 to $5,000,000 after 2024 and to extend the application deadline from December 31, 2028 to December 31, 2029. On January 9, 2024, the Legislature referred this bill to the Revenue Committee.

LB 1031 (Bostelman) proposes to change the requirements for receiving ongoing high-cost support from the Nebraska Telecommunications Universal Service Fund from a minimum download speed of 25 megabits per second and minimum upload speed of 3 megabits per second to a minimum download speed of 100 megabits per second and minimum upload speed of 20 megabits per second.  On January 9, 2024, the Legislature referred this bill to the Transportation and Telecommunications Committee and the hearing date is January 22, 2024.

LB 1048 (Bostar) would require certain chemical facilities to utilize the federal chemical security program if the facilities meet certain conditions and would require the Nebraska Emergency Management Agency and Department of Environment and Energy to publish the requirements of the Act and post a link to the program on their agency website.  On January 10, 2024, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.

LB 1049  (Bostar) proposes to amend section 86-704, which allows an occupation tax on the receipts from the sale of telecommunications service.  The amendment would decrease the limit on the occupation tax from 6.25% to 4% beginning on October 1, 2024.  On January 10, 2024, the Legislature referred this bill to the Revenue Committee.

LB 1056 (Walz) would create a School Construction Assistance Task Force.  The Task Force’s duty would be to make recommendation to the Education Committee, Appropriations Committee and the Revenue Committee of the Legislature regarding state school construction assistance.  The Task Force would consist of certain political and school superintendent representatives.  On January 10, 2024, the Legislature referred this bill to the Education Committee.

LB 1061  (Ibach) proposes to amend the Nebraska Corn Resources Act to increase the corn fee levied upon all corn sold through commercial channels in Nebraska or delivered in Nebraska to one-half cent per bushel until and on September 30, 2024, one cent per bushel from October 1, 2024 until and on September 30, 2031, and one and on-quarter cents per bushel beginning on October 1, 2031.  On January 10, 2024, the Legislature referred this bill to the Agriculture Committee.

LB 1069 (Halloran) would increase the maximum civil penalty for daily violations of the Nebraska Natural Gas Pipeline Safety Act of 1969 from $10,000 to $200,000 and would increase the maximum civil penalty for related violations from $500,000 to $2,000,000.   On January 10, 2024, the Legislature referred this bill to the Business and Labor Committee, which will hold a hearing on January 22, 2024.

LB 1072 (Dungan) proposes to establish a sales and use tax credit for purchased sustainable aviation fuel.  Qualifying aviation fuel must (1) either meet the American Society for Testing and Materials International Standard D7566 or the Fischer-Tropsch provisions of the American Society for Testing and Materials International Standard D1655, Annex A1; (2) if purchased before June 1, 2028, be derived from biomass resources, waste streams, renewable energy sources, or gaseous carbon oxides, and if purchased after June 1, 2028, only from domestic biomass resources; (3) not be derived from palm derivatives; and (4) have at least a 50% lifecycle greenhouse gas emissions reduction as compared to petroleum-based jet fuel as calculated by the bill.  The tax credit amount would be $1.50 per gallon of sustainable aviation fuel purchased.  On January 10, 2024, the Legislature referred this bill to the Revenue Committee, which will hold a hearing on January 25, 2024.

LB 1076  (Cavanaugh) would adopt the Public Contract Provider Open Meeting Act.  The Act would require governing bodies of public contract providers to make their meetings open to the public unless a meeting meets the requirements of a closed session.  The Act would also prescribe requirements for meeting notices, agendas, and minutes.  On January 10, 2024, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.

LB 1080 (Holdcroft) proposes to appropriate $10,000,000 of federal funds to the Department of Natural Resources to provide a grant to an entity within a county with over 100,000 inhabitants formed pursuant to the Interlocal Cooperation Act to fund a portion of the cost of a wastewater system.  On January 10, 2024, the Legislature referred this bill to the Appropriations Committee.

LB 1095  (Dorn) would amend the E-15 Access Standard Act and the Nebraska Biodiesel Tax Credit Act. The amendment to the E-15 Access Standard Act would update the definition of “motor fuel” to “all products and fuel commonly or commercially known as gasoline, including ethanol and the various ethanol and gasoline blends.”  The amendment to the Nebraska Biodiesel Tax Credit Act would clarify that if product sold by a taxpayer is a blend of biodiesel and diesel fuel, the tax credit would only apply to the portion of the product that is biodiesel.  On January 10, 2024, the Legislature referred this bill to the Revenue Committee.

LB 1136  (Dover) proposes to amend the Nebraska Real Estate License Act.  The amendment would change the maximum amount for a civil fine under the Act from $2,000 per complaint to the greater of $5,000 or the total amount of commission earned by the licensee in each transaction that is subject to the complaint.  The amendment would also make a licensee subject to having their license placed on inactive status if such licensee fails to have a certificate of the required errors and omissions insurance coverage on file with the Real Estate Commission as required by the Act.  On January 16, 2024, the Legislature referred this bill to the Banking, Commerce and Insurance Committee, which will hold a hearing on February 12, 2024.

LB 1175  (Holdcroft) would add an exception to the requirement that all bonds issued by political subdivisions must be redeemable at the option of the issuer.  Change provisions relating to redemption of bonds of political subdivisions and remove the notice requirement for calling bonds by resolution or ordinance.  On January 16, 2024, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.

LB 1179 (Wishart) proposes to appropriate $1,200,000 from the General Fund to the Department of Natural Resources to provide a grant to a natural resources district whose territory encompasses a county containing a city of the primary class to fund high-priority flood mitigation projects identified by the district and being completed by the district in collaboration with at least one other political subdivision.  On January 16, 2024, the Legislature referred this bill to the Appropriations Committee.

LB 1180  (Wishart) would amend the Telecommunications Relay System Act.  The amendment would allow 2 people residing at the same address to each be a recipient of specialized telecommunications equipment under the Act (currently only one person per household) and also allow recipients to reapply for assistance every 3 years instead of every 5 years.  On January 16, 2024, the Legislature referred this bill to the Transportation and Telecommunications Committee.

LB 1184 (Bostar) proposes to enact the Reverse Osmosis System Tax Credit Act, which would provide a refundable income tax credit in the amount of half of the cost of a taxpayer to install a reverse osmosis water filtration system in its primary residence, with a limitation of $1,000.00 per taxable year.  The reverse osmosis water filtration system must meet certain test results to qualify.  On January 16, 2024, the Legislature referred this bill to the Revenue Committee.

LB 1199 (Moser) proposes to repeal certain fees for filing, recording, and examining applications and other administrative tasks by the Department of Natural Resources.  On January 17, 2024, the Legislature referred this bill to the Natural Resources Committee.

LB 1205 (Hughes) would appropriate $20,000,000 of federal funds to the Department of Natural Resources to provide a grant to a city of the first class located in a county with less than 20,000 inhabitants which is located in a metropolitan statistical area with more than 300,000 inhabitants to fund a portion of the cost of a wastewater system.  On January 17, 2024, the Legislature referred this bill to the Appropriations Committee.

LB 1207 (Albrecht) proposes to amend the Nebraska Agricultural Products Monitoring Act to add insect production to the definition of “agricultural product or commodity” under the Act.  On January 17, 2024, the Legislature referred this bill to the Agriculture Committee.

LB 1234 (Wayne) would appropriate $1 million in each of the next two years to the Department of Environment and Energy to assist with efficiency audits and weatherization improvements under the Low-Income Weatherization Assistance Program.  On January 17, 2024, the Legislature referred this bill to the Appropriations Committee.

LB 1243 (McDonnell) proposes to adopt the Wildland Fire Response Act.  The Act would create the Wildland Incident Response Assistance Team to provide assistance or guidance to individuals to entities attempting to prevent, control, suppress, or otherwise mitigate a wildland fire.  The State Fire Marshal would coordinate the Team and be responsible for establishing squads and standards for the operation, training, equipment, and administration of the Team.  On January 17, 2024, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.

LB 1244 (McDonnell) would appropriate $34,080,000 of federal funds to the Department of Natural Resources to provide state aid to a natural resources district which contains a city of the metropolitan class for vital flood control projects.  On January 17, 2024, the Legislature referred this bill to the Appropriations Committee.

LB 1258 (Cavanaugh) proposes to prohibit the Department of Environment and Energy from issuing a National Pollutant Discharge Elimination System (NPDES) Permit to any livestock waste control facility that the Department determines the location of to pose a risk of contaminating nearby groundwater, or, an animal feeding operation (“AFO”) with an existing facility within 100 feet of a domestic well not owned by the AFO, unless such a facility meets certain requirements.  The bill also proposes imposing several other requirements on such AFOs and facilities including record retention policies, required inspections, and mandated installation of monitoring wells if located within a groundwater management area.  On January 17, 2024, the Legislature referred this bill to the Natural Resources Committee.

LB 1260 (Jacobson) proposes to allow the director of a public power and irrigation district to have an interest in a residential lease agreement or water service agreement with that district.  The bill also proposes that the existence of such a relationship shall not preclude the director from participating or voting on such agreements nor shall it void or invalidate any other agreement of the district.  On January 17, 2024, the Legislature referred this bill to the Natural Resources Committee.

LB 1287 (Ballard) would appropriate $750,000 of federal funds to the Department of Environment and Energy to provide grants to villages and cities of the second class for upgrading drinking water infrastructure.  On January 17, 2024, the Legislature referred this bill to the Appropriations Committee.

LB 1313 (Dover) proposes to adopt an act exempting certain self-funded health benefit plans of nonprofit agricultural organizations and their affiliates from insurance regulation.  On January 18, 2024, the Legislature referred this bill to the Agriculture Committee.

LB 1335 (Moser) would amend the Nongame and Endangered Species Conservation Act so the Act shall apply to an exempted party’s constructing of new transportation infrastructure on areas not previously dedicated to the party’s lawful use.  “Transportation infrastructure” would mean roadways and similar improvements, interdependent contractor use sites, trails and bridges, technology with primary purposes of benefitting the traveling public, and broadband infrastructure.  “Exempted party” would mean any state agency, political subdivision, or any agent, employee, consultant, or contractor of the same.  On January 18, 2024, the Legislature referred this bill to the Natural Resources Committee.

LB 1397  (Murman) proposes to amend section 77-1359 to specifically exclude land used for solar or wind farms from the definition of agricultural land and horticultural land for assessment purposes.  On January 18, 2024, the Legislature referred this bill to the Revenue Committee.

LB 1387 (Hansen) would put a limit on the amount of fluoride a city or village may put in its water supply.  The addition of fluoride shall not exceed seven-tenth of one milligram of fluoride per liter of water.  After January 1, 2025, the addition of fluoride to the water supply would become the option of the city or village and would need to be enacted by an adopted ordinance of the city council or village board of trustees placed on the ballot for a direct vote of the electors of the city or village pursuant to the Municipal Initiative Referendum Act.  On January 18, 2024, the Legislature referred this bill to the Health and Human Services Committee.

Carryover Bills from Last Session

LB 7 (Blood) proposes to set a 10-year statute of limitations for suits to recover damages from injury or death due to exposure to hazardous or toxic chemicals.  This bill would also adopt the discovery rule for toxic and hazardous injuries, meaning the limitations period would not commence until a patient reasonably discovered the injury.  On January 5, 2023, the Legislature referred this bill to the Judiciary Committee.

LB 22 (Wayne) would decriminalize the use and possession of marijuana.  The bill would also remove marijuana from the marijuana and controlled substances tax.  On January 5, 2023, the Legislature referred this bill to the Judiciary Committee.

LB 40 (Blood) proposes to adopt the Riparian Protection and Water Quality Practices Act.  Such Act would require landowners adjacent to “public waters of the state” or “public drainage systems,” to maintain buffers along those water systems’ banks.  The Act does not define “public waters of the state” or “public drainage systems.”  Within those buffers, the landowner must maintain structural, vegetative and management practices that protect the water resources, stabilize soils, shores and banks and protect riparian corridors.  On January 5, 2023, the Legislature referred this bill to the Natural Resources Committee.

LB 100 (Erdman) would amend the ImagiNE Nebraska Act by adding “Waste Water Treatment and Disposal” to the business activities set forth in the definition of “qualified location” under the Act.  This change would entitle such activities to certain tax-advantaged programs.  On January 10, 2023, the Legislature referred this bill to the Revenue Committee.

LB 118 (Brandt) proposes to decrease the minimum investment amount for livestock modernization or expansion that qualifies for the refundable credit under the Nebraska Advantage Rural Development Act.  Under the bill, the minimum investment amount would decrease from $50,000 to $10,000 for all applications filed on or after January 1, 2024.  On January 10, 2023, the Legislature referred this bill to the Revenue Committee.

LB 125 (Bostelman) would permit the Department of Natural Resources to yield investment earnings on its Surface Water Irrigation Infrastructure Fund and return such earnings to the Fund.  On January 10, 2023, the Legislature referred this bill to the Appropriations Committee.

LB 150 (Dover) proposes to amend the specifications for an entertainment district liquor license such that Lincoln and Omaha would have more restrictive specifications than other cities and villages.  In Lincoln and Omaha, the entertainment district could only locate within an area having limited pedestrian access and no vehicular traffic, while in other cities and villages, such restrictions would not apply so long as reasonable safety measures were in place.  On January 11, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 171 (McKinney) would eliminate provisions in the Metropolitan Utilities District Act providing for an “outside member” on the board of directors of a metropolitan utilities district.  This bill provides that the seven members of the board of directors of a metropolitan utilities district will be chosen by the registered voters within each respective election subdivision of the district and that terms of the members will be staggered.  On January 11, 2023, the Legislature referred this bill to the Urban Affairs Committee.

LB 180 (Brandt) proposes to adopt the Nebraska Biodiesel Tax Credit Act.  The Act would provide a tax credit to retail dealers of biodiesel.  Those dealers would receive a credit of 14 cents multiplied by the total gallons of biodiesel they produced annually.  They could refund the credit against any state income tax.  On January 11, 2023, the Legislature referred this bill to the Revenue Committee.

LB 229 (Erdman) would amend the Livestock Brand Act to permit cattle that originate from states lacking brand inspection but that have adequate evidence of ownership to move directly into a registered feedlot.  On January 12, 2023, the Legislature referred this bill to the Agriculture Committee.

LB 237 (Wayne) proposes to appropriate $1 million in each of the next two years to the Department of Environment and Energy to assist with efficiency audits and weatherization improvements under the Low-Income Weatherization Assistance Program.  On January 12, 2023, the Legislature referred this bill to the Appropriations Committee.

LB 241 (Briese) would amend section 46-613.01, which regulates transfers of water out of state.  The Department of Natural Resources could not issue any permit to transport groundwater more than 10 miles out of state, unless such transportation was necessary to comply with an interstate compact or decree.  On January 12, 2023, the Legislature referred this bill to the Natural Resources Committee.

LB 258 (Lowe) proposes to repeal sections 53-103.24 and 53-160.02, which provide a regulatory exception under the Liquor Control Act for “near beer.”  Such beer would instead likely fall under the standard regulations for beer.  On January 12, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 259 (Lowe) would permit farm winery licensees to sell beer and other liquor on site so long as the licensee also holds the appropriate retail license for such sales.  On January 12, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 263 (Agriculture Committee) proposes to amend the Hemp Farming Act to adjust when license fees and sampling requests are due and provide a 30-day window for producers to destroy any crops found by the Department of Agriculture to exceed the acceptable hemp tetrahydrocannabinol (THC) level.  On January 12, 2023, the Legislature referred this bill to the Agriculture Committee.

LB 270 (McKinney) would require residential landlords to replace any lead service lines on the premises with modern service lines.  Additionally, the bill would require any municipality that has adopted a rental registration ordinance to notify tenants of any code violations the municipality finds.  Before condemning a rental property for violations of code, the municipality would need to meet with tenants and have a plan for providing their housing, food, transportation, moving expenses and legal services.  On January 12, 2023, the Legislature referred this bill to the Judiciary Committee.

LB 292 (Cavanaugh, M.) proposes to amend the Jobs and Economic Development Initiative Act, which last year appropriated funds for the Department of Natural Resources to develop a lake between Lincoln and Omaha.  This bill would prohibit the state from acquiring any land for the project using eminent domain.  On January 13, 2023, the Legislature referred this bill to the Natural Resources Committee.

LB 301 (Linehan) would raise a significant tax on ready-to-drink cocktails.  From the present tax rate of 95 cents per gallon, this bill would increase the tax to $3.75 per gallon.  On January 13, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 336 (Halloran) proposes to amend the Hemp Farming Act and replace the Hemp Commission with a Hemp Advisory Board.  The Board’s duty would be to make recommendation to the Department of Agriculture and Legislature regarding how to implement the Hemp Farming Act.  The Board would consist of certain academic, political, agricultural and manufacturer representatives.  On January 13, 2023, the Legislature referred this bill to the Agriculture Committee.

LB 361 (Dorn) would appropriate $2,000,000 to the Public Service Commission to implement the Precision Agriculture Infrastructure Grant Program.  On January 17, 2023, the Legislature referred this bill to the Appropriations Committee.

LB 375 (Lowe) proposes to amend the Liquor Control Act to permit craft brewery and microdistillery retail licensees to purchase up to five “alcoholic liquor products” per week from gas stations, grocery stores, liquor stores and similar establishments for resale.  “Alcoholic liquor products” would include (1) a single case of pack or beer, ready-to-drink cocktails or ciders, (2) a single bottle of wine or (3) a single bottle of alcoholic liquor.  Upon purchasing such products, the craft brewery or microdistillery retail licensee would need to notify the Liquor Control Commission within 24 hours.  On January 17, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 377 (Lowe) would permit fraternal, charitable and public service nonprofit corporations to exceed the 12 calendar days’ maximum use of a special designated license under the Liquor Control Act.  On January 17, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 393 (Erdman) proposes to amend certain provisions dealing with hybrid corn.  The bill would make it unlawful to represent any seed corn as hybrid unless it is (1) seed of the first generation of a cross involving two, three or four different inbred lines of corn or their combinations and (2) the result of a cross produced by properly conducted cross fertilization.  Under the bill, children between 16 and 19 years of age could participate in roguing or detasseling, but no seed corn producer could require a worker to work (1) more than 10 hours in any one day, (2) more than 60 hours in any one week or (3) before 6 a.m. or after 10 p.m.  On January 17, 2023, the Legislature referred this bill to the Business and Labor Committee.

LB 394 (Erdman) would standardize damages calculations in eminent domain proceedings and give a premium to owners of agricultural land.  Damages presently equal the fair and reasonable market value of the damages.  Douglas Cnty. Sch. Dist. No. 10 v. Tribedo, LLC, 307 Neb. 716, 726 (2020).  This bill would codify that rule for non-agricultural land and allow for reasonable severance damages and abstracting expenses.  For agricultural land, however, this bill would set damages at two times the fair market value of the condemned property, in addition to reasonable severance damages, abstracting expenses and the replacement costs for any dwellings, garages, sheds, barns, wells, septic systems, fences and other permanent structures.  On January 17, 2023, the Legislature referred this bill to the Judiciary Committee.

LB 396 (Erdman) proposes to authorize each natural resources district to develop surface-water augmentation projects in accordance with section 46-715.  The bill would require each district, upon developing an augmentation project, to sell the overlying land and continue withdrawing groundwater as if the district had retained that land.  On January 17, 2023, the Legislature referred this bill to the Natural Resources Committee.

LB 397 (Erdman) would relocate the Game and Parks Commission headquarters from Lincoln to Sidney beginning in 2025.  On January 17, 2023, the Legislature referred this bill to the Natural Resources Committee.

LB 398 (Erdman) proposes to require the Game and Parks Commission to put any land it acquires for wildlife management purposes to that land’s highest and best use.  Section 37-335 presently requires such land to go to the use it had immediately before acquisition.  On January 17, 2023, the Legislature referred this bill to the Revenue Committee.

LB 400 (Brewer) would adopt the Pheasant Restoration Act.  This Act would authorize the Game and Parks Commission to pay up to 50,000 nest predator bounties to hunters who hunt or trap a badger, coyote, opossum, raccoon, red fox or striped skunk.  On January 17, 2023, the Legislature referred this bill to the Natural Resources Committee.

LB 401 (Dorn) proposes to appropriate an additional $550,000 in each of the next fiscal years to the Department of Natural Resources for costs associated with operating the Mesonet System.  On January 17, 2023, the Legislature referred this bill to the Appropriations Committee.

LB 403 (Vargas) would amend the Liquor Control Act to permit craft brewery licensees to directly sell or resale up to 5,000 barrels per calendar year of products it produces.  The existing limit is 250 barrels.  This bill would also permit craft brewery licensees to self-distribute utilizing an employee or common carrier.  Existing law only allows such self-distribution via a person exclusively and solely employed by the licensee.  On January 17, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 404 (Vargas) proposes to create a new category of “small producers” under the Liquor Control Act.  Small producers would include beer manufacturers that produce no more than the limit set in section 53-124.04.  The bill would require wholesaler contracts with such small producers to be written, freely negotiated, executed by both parties, adequately certain and filed with the Liquor Control Commission.  On January 17, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 450 (Brewer) would amend the Integrated Solid Waste Management Act to prohibit the land disposal of wind turbine blades and their component parts.  On January 18, 2023, the Legislature referred this bill to the Natural Resources Committee.

LB 506 (Bostar) proposes to appropriate $200,000,000 of federal funds to the Department of Natural Resources so that it may award the City of Lincoln a grant for the costs to acquire, permit and construct new facilities and pipelines for its supply of potable water.  The City has contemplated installing a municipal wellfield along the Missouri River between Omaha and Nebraska City as a second drinking-water source.  This bill would additionally appropriate $20,000,000 of federal funds to the Department of Environment and Energy to provide grants for small and rural communities to install reverse osmosis systems in community water systems.  On January 19, 2023, the Legislature referred this bill to the Appropriations Committee.

LB 512 (Brewer) would increase the number of retail locations that craft brewery and microdistillery licensees may operate from 5 to 10.  On January 19, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 534 (Slama) proposes to appropriate $150,000,000 of federal funds from the American Rescue Plan Act of 2021 to the Department of Environment and Energy to provide grants for small and rural communities to address nitrate in drinking water.  The Department would administer the funds via the Drinking Water State Revolving Fund to facilities at which drinking water test levels are above 10 parts per million of nitrate.  On January 19, 2023, the Legislature referred this bill to the Appropriations Committee.

LB 543 (Lowe) would amend section 53-123.17 to remove the local governing body’s ability to “at any time” revoke an entertainment district’s designation.  This bill would only remove the words “at any time.”  On January 19, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 571 (Lippincott) proposes to appropriate $750,000 in each of the next two years to the Department of Environment and Energy to aid in carrying out the provisions of the Water Well Standards and Contractors’ Practice Act.  On January 19, 2023, the Legislature referred this bill to the Appropriations Committee.

LB 588 (Wishart) would adopt the Medicinal Cannabis Act.  The Act would partially legalize and comprehensively regulate the possession, sale and use of cannabis for medicinal purposes.  A “certified patient” under the Act could possess up to two and one-half ounces of cannabis or cannabis product.  Certified patient would include any Nebraska resident who has recently received health care practitioner’s written certification that the patient has been diagnosed with a “qualifying medical condition.”  Qualifying medical conditions would include amyotrophic lateral sclerosis, autism, cancer, Crohn’s disease or ulcerative colitis, epilepsy or epileptic seizures, glaucoma, hepatitis C, H.I.V., Huntingdon’s disease, Parkinson’s disease, spinal cord injury, terminal illness with a probably life expectancy of under one year, Tourette’s syndrome, a serious medical condition that causes severe nausea or muscle spasms or severe or chronic pain that lasts longer than six months.  The Act would also permit registered dispensaries to acquire, possess and dispense cannabis for these purposes.  To administer this program, the Act would create the Cannabis Enforcement Department.  On January 19, 2023, the Legislature referred this bill to the Judiciary Committee.

LB 596 (Hardin) proposes to amend the Liquor Control Act to allow manufacturers and wholesalers to form sponsorship and advertising agreements with holders of special designated licenses, political subdivisions of the state and operators of property owned by political subdivisions.  On January 19, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 599 (Armendariz) would exempt “advanced recycling” facilities from certain local regulations under the Integrated Solid Waste Management Act.  The bill would define “advanced recycling” as a manufacturing process for conversion of post-use polymers and recovered feedstocks into basic raw materials, feedstocks, chemicals and other products using advanced processes such as pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, and chemolysis.  On January 19, 2023, the Legislature referred this bill to the Natural Resources Committee.

LB 568 (Bostelman) proposes to adopt the Nuclear and Hydrogen Development Act.  The Act would require the Department of Economic Development to create a Nuclear and Hydrogen Industry Work Group, with representatives from the community colleges, state universities, nuclear and hydrogen industries, public power districts and Legislature.  The Group would determine the workforce training needs of the nuclear and hydrogen industries and establish grant criteria for supporting those needs.  On January 19, 2023, the Legislature referred this bill to the Natural Resources Committee.

LB 613 (McDonnell) would appropriate $22,500,000 in each of the next two years to the Department of Environment and Energy to provide grants to utilities districts that expedite the replacement of homeowner-owned lead service lines.  On January 19, 2023, the Legislature referred this bill to the Appropriations Committee.

LB 614 (McDonnell) proposes to appropriate $1,500,000 to the Department of Agriculture to provide a dollar-for-dollar private sector match to test emerging technologies for sustainable irrigation at the University of Nebraska.  On January 19, 2023, the Legislature referred this bill to the Appropriations Committee.

LB 634 (McKinney) would adopt the Cannabis Control Act and the Cannabis Conviction Clean Slate Act.  The Cannabis Control Act would legalize cannabis production and use.  Any person over 21 years of age could possess, process, transport, purchase, obtain or give away up to one ounce of cannabis.  Such persons could also possess, grow, plant, cultivate, harvest, dry or process up to four cannabis plants.  Licensed cannabis cultivators and manufacturers could also produce cannabis for sale, and licensed cannabis stores could sell cannabis.  Local governing bodies could reasonably regulate cannabis activities but could not altogether prohibit them.  To administer this program, the Cannabis Control Act would create the Cannabis Enforcement Commission.  The Cannabis Conviction Clean Slate Act would make certain persons automatically eligible for clean slate relief from their cannabis offenses.  On January 20, 2023, the Legislature referred this bill to the Judiciary Committee.

LB 656 (McDonnell) proposes to temporarily transfer $40,000,000 to the Small Watersheds Flood Control Fund.  On January 20, 2023, the Legislature referred this bill to the Natural Resources Committee.

LB 662 (Ballard) would amend the Right to Farm Act to prohibit most nuisance actions against agricultural operations.  Under the bill, the only such nuisance actions that could stand are those brought by a person who either (a) owns a majority interest in real property that is within one-half mile of the defendant and affected by the alleged nuisance or (b) can show a violation of federal, state or local law.  Commonly accepted agricultural practices, as well as employment of new technology or changes in the type of farm product produced, could not give rise to nuisance liability.  On January 20, 2023, the Legislature referred this bill to the Agriculture Committee.

LB 667 (Hughes) proposes to permit wholesalers under the Liquor Control Act to engage in “channel pricing.”  The Act would define channel pricing as a pricing strategy that differentiates the price charged for a product based on the particular distribution channel used to sell such product.  On January 20, 2023, the Legislature referred this bill to the General Affairs Committee.

LB 672 (Hansen, B.) would appropriate $30,000,000 from the Drinking Water Facilities Loan Fund to the Department of Environment and Energy for grants allowing up to 50 percent loan forgiveness to expand municipal drinking water treatment plants and related facilities.  On January 20, 2023, the Legislature referred this bill to the Appropriations Committee.

LB 766 (DeKay) would appropriate $3,250,000 of federal funds in each of the next two years to the Department of Environment and Energy for reverse osmosis systems.  On January 20, 2023, the Legislature referred this bill to the Appropriations Committee.

LB 785 (McKinney) proposes to create the North and South Omaha Recovery Grant Program, which would provide funding to public and private entities to respond to the negative impact of the COVID-19 public health emergency and build resilient communities.  The bill would appropriate $250,000,000 of federal funds to the Department of Natural Resources and $350,000,000 to the Department of Economic Development, each to administer the Program and issue grants thereunder.  On January 20, 2023, the Legislature referred this bill to the Appropriations Committee.