Summaries from Days 6-10 of Nebraska Bill Introduction

The Second Regular Session of the 108th Nebraska Legislature convened on January 3, 2024.  As of January 17, the period to introduce new legislation for this session has closed.  As of the publishing of this article, forty-eight (48) legislative days remain in the session.  Through the first five days of bill introduction, we identified twenty-six (26) bills warranting particular attention.  Summaries of those bills can be found at the link, here. 

Through the remaining five days of bill introduction, we identified thirty-nine (39) bills of interest.  These bills are summarized by category below.  Beneath the categories of introduced bill summaries are carryover bills from the previous legislative session, which we previously summarized in an article that can be found, here.

All abbreviations and noun designations provided below apply only with respect to the paragraph in which it is located.  All legislative bills introduced with an emergency clause attached is identified by “(E)”, meaning that the bill will take immediate effect upon passage and approval by the Governor. 

Of the thirty-nine bills of interest from days 6-10 of this session, there are seven that warrant greater attention and elaboration.  These are immediately below. 

LB 1119 (Dungan) proposes to prohibit any homeowner association or similar entity from enforcing or creating any restrictive covenants that disallows the placing of solar energy collectors, generators, or similar facilities, on real property.  This bill would provide homeowners a civil cause of action for any homeowners association or similar entity that violates this bill. 

LB 1228 (Wayne) proposes to amend the Good Life Transformational Projects Act (“Act”).  Under the Act, a project site can apply to become a “Good Life District,” whereby the applicable sales tax rate is reduced to 2.75% (as compared to 5.5%).  The goal of the Act is to promote investment in large development projects that draw use and generate revenue from residents and nonresidents.

To qualify, the proposed project must be expected to surpass level of (a) total costs, (b) jobs created, and (c) generated nonresident revenue and nonresident visitors.  This bill excludes nonresident students at a Nebraska public or private university from the last metric.  This bill also adds to the list of ineligible projects any project that have received funds from the Shovel‑Ready Capital Recovery and Investment Act or Economic Recovery Act, unless, if such projects are located within a “qualified inland port district.” 

The bill also proposes to create “qualified inland port districts.” Among other things, proposed projects within qualified inland port districts will be exempt from the limitation on Good Life Districts per county, the acreage size limitation imposed on Good Life Districts, and the categorical eligibility exclusion for projects receiving Shovel-Ready Capital Recovery and Investment Act or the Economic Recovery Act.      

LB 1251 (Linehan) proposes to amend the Sports Arena Facility Financing Assistance Act (“Act”) to include in the definition of eligible sports arena facilities “small sports facilit[ies], including concession areas, parking facilities, and onsite administrative offices connected with operating the small sports facilit[ies].”  The bill defines “Small Sports Facility” as a facility (a) located within a city of the second class or village, (b) that includes indoor and/or outdoor areas, (c) primarily used for competitive sports, and (d) contains at least two separate sports venues. 

The political subdivision in which a Small Sports Facility is located would receive 25% of the following:  (a) state sales tax revenue generated by retailers at eligible sports arena facilities; (b) state sales tax revenue generated from primary and secondary box office admission sales to eligible sports arena facilities; and (c) New State Sales Tax Revenue collected by nearby retailers, which this bill defines as 100% of the state sales tax revenue generated from nearby retailers, defined as retailers located within the project area, that is sourced in compliance with state sourcing statutes. The state assistance the political subdivision applies for under the Act shall be sourced appropriations but shall cease after five years of funding. 

LB 1301 (DeKay; at the request of Governor Pillen) proposes to establish the Foreign‑Owned Real Estate National Security Act (“Act”).  The Act would prohibit any nonresident alien, excluding foreign nationals, foreign corporations, and foreign governments from owning, acquiring title, or leasing for more than five (5) years any real estate in the State of Nebraska.  This prohibition would include easements. 

The Act would allow such individuals or entities to own land for if used for industrial or manufacturing purposes.  This exception does not apply to a “Restricted Entity” that own such land in a “Restricted Area.”  “Restricted Entity” is a person, foreign government, or entity that is either identified on the U.S. Office of Foreign Assets Control’s sanctions list or is a person or entity that the U.S. Secretary of Commerce determines to have engaged in conduct significantly adverse to United States’ national security.   “Restricted Area” is defined as an area within a 10‑mile radius of any United States military installation under the jurisdiction of the U.S. Air Force or U.S. Strategic Command. 

Under the Act, the Nebraska Attorney General may file an action for divestment in the District Court of the county in which the land sits.  The landowner may voluntarily divest the land within 180 days of the court filing.  If the landowner chooses not to, then the action would proceed.  Upon entering judgment against the landowner, the court would cause divestment of the land, or if the ownership in question in less than fee simple, such as an easement, the court would order such interest terminated. 

Upon divestment, the Act requires the proceeds of the sale to be dispersed in the following order:  costs and fees of the sale; taxes and assessments on the property due; payment to Attorney General or other counsel, at the court’s discretion; to lienholders whose interests would be extinguished via the divestment; 30% of the remaining balance to the person or entity that reported the violation; and the remaining balance to the State. 

LB 1366 (Cavanaugh, J.) proposes to require that any political subdivision exercising its power of eminent domain must provide an appraisal of the property at the time of negotiations.  The bill would also require the pre-approval of a majority of the governing body of the county, city or village where the property is located before a political subdivision may condemn property outside of its boundaries or before a private entity exercises condemnation powers. 

The bill would also require the pre-approval of the Public Service Commission of the entire pipeline route before a private entity may condemn any portion of land for the use of a pipeline.  Lastly, the bill would require that a condemner re-sell the condemned property back to the condemnee, for the same amount of the condemnation award, if the condemned property is no longer used or no longer necessary for the public use it was condemned for. 

LB 1370 (Bostelman) proposes to require that, prior to retirement of a dispatchable electric generation facility, an electric supplier must first certify to the Nebraska Power Review Board that it has (a) secured and placed on Nebraska’s electric grid a replacement dispatchable electric generation facility with a nameplate capacity equal to or greater than that facility being retired, and (b) adequate transmission infrastructure to interconnect the new dispatchable electric generation facility to the state’s electric grid and transmit dispatchable electricity.  The bill defines “dispatchable electricity” as a source of electricity, generated via hydropower, coal, natural gas, hydrogen, or nuclear power that is available on demand to dispatch electricity upon a power grid operator’s request. 

LB 1375 (Lowe; at the request of Governor Pillen) proposes to limit county boards’ discretion to deny conditional use permits within its zoning jurisdiction and also to establish a review timeline.  In considering a conditional use permit, a county board may not consider nor condition its approval on the applicant’s compliance with any criteria but the county zoning regulations, specifically excluding state and federal agency rules and regulations.  If the county board determines that an applicant has satisfied the county zoning requirements, this bill requires it to approve the application. 

This bill would also amend the county conditional use permit application procedure.  First, the bill would allow a county planning commission to, in lieu of holding public hearings prior to issuing its recommendation to the county board, accept public written comments.  Last, the bill would impose a 90-day deadline from the county’s receipt of the conditional use permit application for it to render a decision.  If no such timely decision is made, the bill would consider the conditional use application approved. 

Attorneys at Baird Holm LLP have experience in many areas of the law including government and lobbying, legislation, and economic and real property development.  Please do not hesitate to contact the firm should you have any questions.  Please see below for summaries of the thirty-nine introduced bills of interest we identified from days 6 through 10 of bill introduction, and the bills carried over from the previous legislative session. 

ECONOMIC DEVELOPMENT

New Legislation Introduced in 2024:

LB 1228 (Wayne) – please see summary at the beginning of the article. 

LB 1251 (Linehan) – please see summary at the beginning of the article.  

LB 1314 (McKinney) (E) proposes to amend the Municipal Inland Port Authority Act (“Act”) to create the Inland Port Authority Fund (“Fund”).  The Fund would use monies from the Nebraska Legislature and other Federal funding pursuant to the Act to provide assistance to qualified port authorities located within the boundaries of a city of the metropolitan class. 

LB 1344 (Wayne) proposes to amend the Nebraska Innovative Hub Act allow for iHub Areas to be located within inland port districts and to include inland port authorities as iHub Partners and as eligible for iHub Designation. 

LB 1400 (Ballard; at the request of Governor Pillen) proposes to establish the Relocation Incentive Act.  Beginning January 1, 2025, an employer may receive a refundable state income tax credit equal to 50% of the expenses the employer incurs in connection to relocating a qualified employee that moves to the State of Nebraska for employment.  This credit would be limited to $5,000.00 per relocating employee.  The bill defines a “qualified employee” as a relocating employee that accepts an annual salary of $70,000.00 to $250,000.00.  This salary threshold would be adjusted, beginning 2026, in the same manner as the Internal Revenue Code of 1986 provides for calculating individual income tax brackets. 

Under the bill, if the qualified employee for which a tax credit the employer claims moves out of the State of Nebraska within two (2) years after the credit is claimed, the amount of the credit will be reclaimed by the Department of Revenue from the employer. 

Last, beginning January 1, 2025, the relocating employee may make a one-time election, within two (2) calendar years of earning Nebraska residency, to exclude its entire Nebraska-sourced income from Nebraska state income tax, subject to certain requirements.  

LB 1374 (Linehan) (E) proposes to enact the Good Life District Economic Development Act (“Act”).  The Act would allow a city, upon approval by a majority vote of the city’s registered voters, to establish a Good Life District Economic Development Program, thereby enabling the city to provide financial assistance to qualified applicants intending to develop within the designated Good Life District.  Such programs, under the Act, would exist for 30 years after establishment.  To fund such assistance, a city may levy a local option sales tax, a business occupation tax, and use a portion of the city’s existing local option sales and use tax, subject to statutory levy limitations.  The Act lastly prescribes parameters of the required procedures for the city to administer funding and assistance to businesses within the Good Life District. 

LB 1410 (Linehan) (E) proposes to amend the ImagiNE Act to adjust the amount of tax credit a qualified taxpayer may be eligible to receive.  The bill would alter the percentage of the average new employee wage that is taken into account in the tax credit calculation formula, and, the change to the percentage is based on factors such as new employees hired, average wage of new employees, and cumulative investment. 

Carryover Legislation Introduced in 2023:

LB 118 (Brandt) proposes to decrease the minimum investment amount for livestock modernization or expansion to receive a refundable credit under the Nebraska Advantage Rural Development Act.  Under this 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 292 (Cavanaugh, M.) would 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 political subdivisions from annexing land necessary for the lake, and it would prohibit the state from using eminent domain to acquire land for the project.  On January 13, 2023, the Legislature referred this bill to the Natural Resources Committee. 

LB 424 (DeBoer) proposes to address the fragmentation of housing related issues among multiple state agencies by consolidating and creating the Department of Housing and Urban Development.  The bill would also create the Housing Advisory Commission to Department of Housing and Urban Development.  Effective July 1, 2024, all duties of the Housing Division of the Department of Economic Development and certain duties of the Department of Economic Development would transfer to the Department of Housing and Urban Development.  On January 18, 2023, the Legislature referred this bill to the Urban Affairs Committee. 

LB 477 (Wayne) (E) would appropriate $100,000,000 to the Omaha Streetcar Authority to help establish, maintain and operate the Omaha streetcar.  The bill would express a preference for one-half of the money to go toward developing a North Omaha line.  On January 19, 2023, the Legislature referred this bill to the Appropriations Committee. 

LB 481 (Raybould) proposes to adopt the Housing Incentive District Act. The Act would allow cities and counties to assist directly in the financing of public improvements that would support housing in areas that experience housing shortages.  Prior to designating a housing incentive district, the cities and counties must conduct a housing needs analysis to determine what, if any, housing needs exist within the proposed incentive district and adopt a resolution that depicts the area and the findings of the analysis.  On January 19, 2023, the Legislature referred this bill to the Urban Affairs Committee. 

LB 504 (Aguilar)  (E) would appropriate $25,000,000 in each of the next two years to the Rural Workforce Housing Investment Fund to provide workforce housing grants under the Rural Workforce Housing Investment Act.  The bill also proposes to appropriate $25,000,000 in each of the next two years to the Affordable Housing Trust Fund to finance loans, grants, subsidies, credit enhancements and other financial assistance for community affordable housing projects.  On January 19, 2023, the Legislature referred this bill to the Appropriations Committee. 

LB 515 (Walz) would adopt the Rural Economic Development Initiative Act. Under the Act the Economic Development Grant Program would be established for the issuance of grants to counties to use to hire an additional employee to assist with economic development measures in the county.  On January 19, 2023, the Legislature referred this bill to the Banking, Commerce and Insurance Committee. 

LB 530 (McKinney) proposes to amend the Nebraska Housing Agency Act.  The bill would require two of the seven commissioners of a local housing agency be elected by adults who receive direct assistance from the local housing agency.  The five other commissioners would remain appointed by the chief elected official of the city.  Additionally, all commissioners of a local housing agency established by a city of the metropolitan class elected or appointed would serve for a term of four years.  The bill would also require the executive director of a housing agency established by a city of the metropolitan class to be elected by adults who receive direct assistance from the local housing agency.  On January 19, 2023, the Legislature referred this bill to the Revenue Committee.  

LB 563 (Dorn) proposes to appropriate $250,000 in each of the next two years to the State Historical Society.  The bill would direct the Society to contract with programs that provide educational programming and technical expertise related to downtown or main street revitalization, business growth and historical preservation.  On January 19, 2023, the Legislature referred this bill to the Appropriations Committee. 

LB 621 (McDonnell) (E) would expand eligible activities under the Site and Building Development Fund to include grants to governmental subdivisions and Nebraska nonprofit organizations for the construction of an outdoor soccer stadium with a capacity of no more than 10,000 seats.  The bill also proposes to appropriate $50,000,000 from the Cash Reserve Fund to the Site Building Development Fund on July 15, 2023. On January 19, 2023, the Legislature referred this bill to the Banking, Commerce and Insurance Committee. 

LB 622 (McDonnell) proposes to redefine “covered property” in the Sports Arena Facility Financing Assistance Act to include any real property, as of the date of application, is part of a project previously approved under the Act or a project previously approved under the Convention Center Facility Financing Assistance Act. The bill also proposes to expand the definition of “Eligible sports arena facility” to include any large public stadium in which initial occupancy occurs on or after March 1, 2025. The bill also proposes to define “Large public stadium” as a publicly owned open-air facility that primarily includes an outdoor field that may include some indoor areas used for competitive sports.  On January 19, 2023, the Legislature referred this bill to the Revenue Committee. 

LB 623 (McDonnell) would redefine “eligible sports arena facility” in the Sports Arena Facility Financing Assistance Act to include any enclosed, temperature-controlled building owned by a public entity or nonprofit organization that is primarily used for live music performances with a capacity of at least 2,500, but no more than 3,500 people.  On January 19, 2023, the Legislature referred this bill to the Revenue Committee. 

LB 633 (McKinney) (E) would require the Department of Economic Development to contract with a private contractor which has a headquarters in Nebraska to market financial incentives provided by the State of Nebraska for key industries in Nebraska.  The financial incentives to be marketed would include, but not be limited to, those created under the Business Innovation Act and the Site and Building Development Act.  On January 20, 2023, the Legislature referred this bill to the Banking, Commerce and Insurance Committee. 

LB 644 (McDonnell) (E) proposes to appropriate $80,000,000 from the Cash Reserve Fund to the Site and Building Development Fund for fiscal year 2023-24 and fiscal year 2024-25.  The appropriated funds are to be placed in a subaccount and be used to support identifying, evaluating and developing large commercial and industrial sites and building infrastructure to attract major investment and employment opportunities.  On January 20, 2023, the Legislature referred this bill to the Banking, Commerce and Insurance Committee.  The Legislature placed this bill on General File on March 9, 2023.  

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 692 (Linehan) (E) would adopt the Good Life Transformational Projects Act. The Act would allow for state assistance to political subdivisions for the development and redevelopment of eligible areas within the state by authorizing cities and villages to establish good life districts.  The amount of state assistance would be limited to a designated portion of state sales tax revenue collected within such good life district.  Commencing July 1, 2023, the sales tax levy would be 6.00% on transactions occurring within a good life district.  On January 20, 2023, the Legislature referred this bill to the Revenue Committee. 

LB 697 (Conrad) proposes to amend the definition of improvements under the Nebraska Job Creation and Mainstreet Revitalization Act to mean a rehabilitation, preservation or restoration project that contributes to the basis, functionality or value of historically significant real property and that has a total cost which equals or exceeds $5,000.  The bill would also increase the nonrefundable tax credit under the act to (1) twenty-five percent of eligible expenditures for historically significant real property located in a county that includes a city of the metropolitan class or a city of the primary class and (2) thirty percent of eligible expenditures for historically significate real property in any other county.  The maximum credit allocated to any one project under the bill would increase to $2,000,000.  For calendar years beginning after January 1, 2025, the bill reduces the total amount of credits available under the act to $12,000,000, of which $4,000,000 would go for applications seeking an allocation of credits of less than $100,000.  On January 20, 2023, the Legislature referred this bill to the Revenue Committee. 

LB 714 (Cavanaugh, J.) would amend provisions of the Nebraska Affordable Housing Act to allow for-profit entities to receive assistance under the Nebraska Affordable Housing Act, but only for new funds as of January 1, 2023 that have been transferred from the General Fund or Cash Reserve Fund to the Affordable Housing Trust Fund. The bill would also appropriate $25,000,000 from the General Fund for fiscal year 2023-24 and fiscal year 2024-25 to the Affordable Housing Trust Fund.  On January 20, 2023, the Legislature referred this bill to the Health and Human Services Committee. 

LB 756 (Vargas) would amend the definition of improvements under the Nebraska Job Creation and Mainstreet Revitalization Act to mean a rehabilitation, preservation or restoration project that contributes to the basis, functionality or value of historically significant real property and that has a total cost which equals or exceeds $5,000.  The bill would also increase the nonrefundable tax credit under the act to (1) twenty-five percent of eligible expenditures for historically significant real property located in a county that includes a city of the metropolitan class or a city of the primary class and (2) thirty percent of eligible expenditures for historically significate real property in any other county.  The maximum credit allocated to any one project under the bill would be increased to $2,000,000.  For calendar years beginning after January 1, 2024, the bill would reduce the total amount of credits available under the act to $12,000,000, of which $4,000,000 would go for applications seeking an allocation of credits of less than $100,000.  On January 20, 2023, the Legislature referred this bill to the Revenue Committee. 

ENERGY & RENEWABLE ENERGY

New Legislation Introduced in 2024:

LB 1119 (Dungan) – please see summary at beginning of article.

LB 1140 (Erdman) proposes to make the transportation or storage of carbon dioxide a Class IV felony.  This will was withdrawn on January 19, 2024. 

LB 1369 (Cavanaugh, J.) proposes to prohibit a local distribution utility from denying or refusing interconnection between its local distribution system and an agricultural self-generation facility.  The bill defines such facilities as those that generate electricity via methane, wind, solar, biomass, hydropower, or geothermal resources, controlled by an owner-generator, located on the owner-generator’s land, whether owned or leased, used for agricultural purposes, with a rated capacity of no more than 100 kw, and is not used for net metering. 

LB 1370 (Bostelman) – please see summary at the beginning of the article. 

Carryover Legislation Introduced in 2023:

LB 49 (Dungan) proposes to prohibit the imposition or enforcement of any covenant or other land restriction prohibiting the installation or use of solar energy infrastructure.  This bill also would find solar and wind energy sources are a necessary alternative to fossil fuels.  On January 9, 2023, the Legislature referred this bill to the Judiciary Committee. 

LB 120 (Bostelman) proposes to eliminate Nebraska Revised Statutes sections 70‑1029, 70-1030, 70-1031 and 70-1033.  Those provisions authorized a 2014 Power Review Board study to identify opportunities for electric transmission improvements.  On January 10, 2023, the Legislature referred this bill to the Natural Resources Committee.  

LB 164 (McKinney) proposes to update the state building code with reference to certain sections of the 2021 International Building and Residential Codes.  This bill would similarly update minimum standards for municipal building codes.  On January 11, 2023, the Legislature referred this bill to the Urban Affairs Committee. 

LB 255 (Brewer) proposes to limit certain public power districts’ ability to develop renewable energy resources.  This bill would prohibit Omaha Public Power District, Lincoln Electric System and Nebraska Public Power District from exercising their power of eminent domain to acquire any property for renewable energy generation.  This bill would also limit the definition of “privately developed renewable energy generation facility” to remove any facilities that the foregoing entities own, and it would prohibit those entities from becoming a qualified owner in any new C-BED project or submitting any special generation application for renewable energy generation under Nebraska Revised Statutes section 70-1014.01.  The Legislature referred this bill to the Natural Resources Committee on January 12, 2023.  

LB 399 (Brewer) proposes to subject private renewable energy developers to additional oversight by the Power Review Board.  Nebraska Revised Statutes section 47-1014.02 permits certain privately developed renewable energy generation facilities to commence construction upon filing a notice to the Board.  This bill, however, would first require an application for such facilities and a hearing and opportunity for public comment before the Board.  After the hearing, the Board could approve or deny the application.  On January 17, 2023, the Legislature referred this bill to the Natural Resources Committee. 

LB 450 (Brewer) proposes to 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.  The Legislature placed this bill on General File on March 6, 2023.  

LB 541 (Lowe) proposes to provide for the nomination and election of public power and public power and irrigation district directors on a partisan ballot.  On January 19, 2023, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee. 

LB 566 (Bostelman) (E) proposes to direct the Natural Resources Committee to study the economic impacts of an increased reliance on intermittent renewable energy.  The Committee would need to support a report to the Legislature by November 15, 2023.  On January 19, 2023, the Legislature referred this bill to the Executive Board.  The Legislature placed this bill on General File on March 21, 2023.  

LB 567 (Bostelman) would redefine “reliable or reliability” under Nebraska Revised Statutes section 70-1001.01 to mean the ability of an electric supplier to supply the aggregate electric power and energy requirements of its electricity consumers at all times under normal operating conditions.  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 636 (Albrecht) proposes to prohibit political subdivisions from enacting regulations that have the effect of restricting or prohibiting the types of permissible fuel sources by natural gas utilities, natural gas transmission companies or propane providers.  On January 20, 2023, the Legislature referred this bill to the Natural Resources Committee.  The Legislature placed this bill on General File on March 6, 2023.  

LB 725 (Dungan) proposes to prohibit certain electric companies and electric cooperative corporations from using ratepayer proceeds to campaign or lobby in elections.  Violation of that ban could result in a criminal prosecution.  On January 20, 2023, the Legislature referred this bill to the Natural Resources Committee. 

LB 726 (Dungan) would adopt the Nebraska Electric Consumer Right to Transparency and Local Control Act.  The Act would require each electric utility to publish the following information on its website: (1) board meeting dates, times and locations; (2) board meeting agendas; (3) board meeting minutes; (4) current rate schedules and fees, rents and other charges; (5) a full and complete statement of receipts and disbursements of the electric utility; (6) the fiscal year budget; (7) service territory, if applicable; (8) a list of all board members; (9) board member district and subdistrict boundaries; and (10) a method by which to contact board members and the electric utility’s staff.  On January 20, 2023, the Legislature referred this bill to the Natural Resources Committee. 

GOVERNMENTAL & MUNICIPAL LAW

New Legislation Introduced in 2024:

LB 1112 (Clements) proposes to require all municipalities requiring a permit for the development of communications infrastructure to publish certain information relating to the permit application process on the municipality’s website, limits the permit application fee to $100.00 and the permit issuance fee to $250.00, and prohibits any moratorium on the issuance of such permits.  The bill would also require the municipality to provide confirmation of receipt and communication as to any incomplete application components within five (5) days of receipt, and to render a decision on the permit within thirty (30) days of receipt. 

LB 1118 (McKinney) proposes to require the consent of city council of a city of the second class for its mayor to remove an officer appointed by the mayor and city council. 

LB 1165 (Lowe) proposes to require counties issuing zoning regulations to consider a multitude of factors concerning growth and adequacy of utilities, and, to require cities of the metropolitan, primary and first class to regulate duplex housing in the same manner as single-family residences. 

LB 1166 (Lowe) proposes to allow municipalities to adopt zoning regulations that allow for an “accessory dwelling unit,” defined as a secondary dwelling unit on a parcel that is smaller than the primary dwelling unit, provides adequate utilities and other necessaries and otherwise complies with all housing codes,  as a use by right.  The bill would also impose restrictions on the extent that municipalities would be able to regulate and assess fees for the development of accessory dwelling units. 

LB 1174 (Hansen) proposes to remove the previous legislative declaration that all section lines be public roads and instead allow the county board whose zoning jurisdiction the section line is within make such declaration via resolution.  The bill would also allow county boards to, by resolution, to require the vacation or abandonment of any public road if it is in the best interest of the public. 

LB 1169 (Erdman) proposes to establish the position of Director of the Nebraska State Historical Society (“Society”).  The Director would be appointed by the Governor of the State of Nebraska and confirmed by the Nebraska Legislature.  This position would be responsible for the tasks previously held by the Secretary of the Society.  This bill would also change several duties of the Society’s Board of Trustees. 

LB 1183 (Bostar) proposes to change the term of a consolidated county office that includes a county assessor from four years to two, starting on July 1 in the year following election and expiring on June 30 of the last year, beginning July 1, 2025.  The bill would also change of position of county assessor to an appointed rather than elected position, beginning July 1, 2025. 

LB 1191 (Conrad) proposes to remove the requirement that the Nebraska Attorney General bring an action to determine the validity of an Act of the Nebraska Legislature that the Nebraska Attorney General has opined to be unconstitutional, and, provide that the sole remedy available in such scenario is for the Attorney General to bring an action against the administrative agency charged with enforcing the unconstitutional act to enjoin it from doing so. 

LB 1229 (Wayne) proposes to increase the number of members of the Nebraska Investment Finance Authority (“Authority”) from nine to twelve by adding three (3) members at large.  The bill also, beginning on July 1, 2025, would transfer the following duties and functions to the Authority:

• Housing Division of the Nebraska Department of Economic Development, including the employment of all persons and any applicable appropriations and salary limitations as provided by the 108th Nebraska Legislature ;
• Nebraska Department of Economic Development under the Middle Income Workforce Housing Investment Act, the Municipal Density and Missing Middle Housing Act, the Nebraska Affordable Housing Act, and the Rural Workforce Housing Investment Act;
• The authority to administer the U.S. Department of Housing and Urban Development HOME fund allocation programs; and
• The administration of Nebraska state fund allocation programs.

LB 1246 (Brewer) proposes to clarify that the municipal powers of county boards shall be exercised by the Board of Supervisors for counties under township organization, by the Board County Commissioners in counties not under township organization. 

LB 1366 (Cavanaugh, J.) please see the summary at the beginning of the article. 

LB 1375 (Lowe; at the request of Governor Pillen) – please see the summary at the beginning of the article. 

Carryover Legislation Introduced in 2023:

LB 21 (Wayne) proposes to increase the number of city council members in cities of the metropolitan class from seven to nine.  This increase would take effect beginning with the 2025 general election.  At least six weeks prior the filing deadline for a city council or mayoral candidate in the 2025 general election, the city council of a city of the metropolitan class would have to divide the city into nine city council districts of a “compact and contiguous territory.”  On January 9, 2023, the Legislature referred this bill to the Urban Affairs Committee.

LB 133 (Cavanaugh, J.) proposes to make any entity, whether public or private, that exercises the power of eminent domain a “public body” subject to the Open Meetings Act.  On January 10, 2023, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee. 

LB 171 (McKinney) proposes to eliminate sections 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.  On March 6, 2023, the Legislature placed this bill on General File.  

LB 224 (McKinney) proposes to adopt the Aid to Municipalities Act.  The Act would provide state aid to municipalities in the form of grants which may be used to pay for infrastructure projects within the municipalities.  The Act would appropriate $15,000,000 to the Department of Economic Development annually to allocate to municipalities for qualifying infrastructure projects.  The Legislature referred this bill to the Urban Affairs Committee on January 12, 2023.  The Legislature placed this bill on General File on March 7, 2023. 

LB 246 (McKinney) proposes to subject any sanitary and improvement district within the extraterritorial zoning jurisdiction of a municipality to the municipality’s comprehensive development plan, affordable house action plan, municipal zoning regulations and other reasonable planning requirements.  In addition, the sanitary and improvement district would need to obtain prior approval from the municipality for any new plans or contracts under Nebraska Revised Statutes section 31-740.  The Legislature referred this bill to the Urban Affairs Committee on January 12, 2023.   The Legislature placed this bill on General File on February 10, 2023.  

LB 287 (Brewer) would prohibit the creation of any joint public agency on or after October 1, 2023.  On January 11, 2023, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee. 

LB 299 (Linehan) (E) proposes to amend the Interlocal Cooperation Act to limit the ability of a joint entity that includes a Nebraska school district or educational service unit to issue bonds without the approval of the majority of the qualified electors within the school district or educational service unit.  The bill also proposes notice requirements and limitations on the election.  On January 13, 2023, the Legislature referred this bill to the Education Committee.

LB 312 (Lowe) would add provisions for the withholding of money due to noncompliance with budget limits and annual audits.  This bill would codify that a governmental unit would continue to forfeit state aid until State Treasurer received notice of compliance from the Auditor of Public Accounts.  The bill would further prohibit any governmental until to for future distributions of state aid if the government unit failed to reach compliance within twelve months after notice of delinquency.  On January 13, 2023, the Legislature referred this bill to Government, Military and Veterans Affairs Committee.  The Legislature placed this bill on General File on February 16, 2023.  

LB 322 (Linehan) proposes to prohibit any joint public agency created on or after October 1, 2023 from exercising any power or authority relating to tax.  On January 13, 2023, the Legislature referred this bill to the Revenue Committee. 

LB 325 (Dungan) would amend the State Tort Claims Act and Political Subdivisions Tort Claims Act to immunize the state and political subdivisions from claims alleging a failure to control or protect a person over whom the state or political subdivision has taken charge.  On January 13, 2023, the Legislature referred this bill to the Judiciary Committee. 

LB 360 (Cavanaugh, M.) would adopt the Office of Inspector General of Nebraska Procurement Act to deter and identify fraud, waste and abuse in the state’s procurement system across all state agencies.  On January 17, 2023, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee. 

LB 394 (Erdman) (E) 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 534 (Slama) (E) would 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 559 (Blood) would allow the electronic filing of statements of financial interests under the Nebraska Political Accountability and Disclosure Act. On January 19, 2023, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee. 

LB 569 (Bostelman) (E) would prohibit any member of a county board of county planning commission, including such member’s immediate family, from having a financial interest in a contract for development, construction, management or operation of a Nebraska electric generation facility or in the land underlying such facility.  The bill clarifies it would not affect the validity of existing contracts.  On January 19, 2023, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.  The Legislature placed on General File with AM971, which amended the bill to remove the prohibition and instead require a public notice and hearing on the matter, including disclosure of the official’s financial interest, or that of his/her immediate family member.   

LB 637 (Albrecht) would amend the Open Meetings Act to require public meetings, except during closed sessions, to permit members of the public to speak at each meeting.  On January 20, 2023, the Legislature referred this bill to the Government, Military and Veterans Affairs Committee.  The Legislature placed this bill on General File on March 22, 2023.  

LB 707 (Dungan) (E) would create the Transforming Cities of the Primary Class Program to award up to $10,000,000 in grants to cities of the primary class for the purpose of constructing housing to address affordable housing needs.  The bill proposes to appropriate $10,000,000 to the Affordable Housing Trust Fund.  On January 20, 2023, the Legislature referred this bill to the Urban Affairs Committee.  The Legislature placed this bill on General File on March 7, 2023.  

REAL ESTATE & FINANCIAL TRANSACTIONS

New Legislation Introduced in 2024:

LB 1120 (Hardin) proposes to require that the purchaser of any real property located (1) within a county that does not contain a city of the primary or metropolitan class and (2) within a ten‑mile radius of any military installation must submit to the county register of deeds an affidavit certifying that the purchaser is not affiliated with a foreign government or nongovernment person determined by federal law to be a foreign adversary.  The bill would prohibit the county register of deeds from recording any instrument to the conveyance until such affidavit is filed. 

LB 1127 (Bosn) proposes to require that all transportation network company drivers, such as Uber and Lyft drivers, for example, may only use their personal vehicle for such activity so long as it complies with the Motor Vehicle Registration Act. 

LB 1217 (Bostar) proposes to exempt from property taxes “skilled nursing facilities,” “nursing facilities,” and “assisted-living facilities” that provide housing for Medicaid beneficiaries.  The exemption would be a percentage of the property taxes otherwise due.  The percentage would be equal to the average percentage of beds the facility provides to Medicaid beneficiaries over the most recent three-year period.  This bill would also exempt “common areas” of approved student housing at educational institutions from property taxes.

This bill would also require that owners of rent-restricted housing file estimated income and expense reports with the Rent-Restricted Housing Projects Valuation Committee in the owner’s first year of operation.  The county assessor would then to use this figure in calculating the rent‑restricted housing’s three-year average to then determine the property’s valuation. 

Last, the bill would establish “sales-restricted houses” which are residential properties subject to a deed restriction that restricts the ability of the owner to sell the property.  The county assessor would use the lesser of (a) the value of the property at its unrestricted appraised value and (b) the maximum sales price allowed for the property under the deed restriction, as the property’s assessed value.

LB 1219 (Cavanaugh, J.) proposes to amend the state building code to adopt Chapter 13, Energy Efficiency, of the 2021 International Building Code, which adopts by reference the 2021 International Energy Conservation Code.  The bill also adopts Chapter 11, Energy Efficiency of the 2021 International Residential Code.  Both chapters regulate the design and construction of buildings as it relates to energy efficiency. 

LB 1301 (DeKay; at the request of Governor Pillen) – please see the summary at the beginning of the article.   

The Act would not apply to land used for industrial or manufacturing purposes, unless if it is located within a “Restricted Area” or owned by a “Restricted Entity,” and land located within the corporate limits of cities and village or within three (3) miles thereof.  A “Restricted Area” would be defined as an area within a ten (10) miles radium of any military installation under the jurisdiction of the United States Air Force or the United States Strategic Command.  A “Restricted Entity” would be defined as any person or foreign government or entity identified on the sanctions list of the Office of Foreign Assets Control of the U.S. Department of the Treasury or found to have engaged in long-term conduct adverse to national security as determined by Federal law. 

The Nebraska Department of Agriculture (“Department”) and Attorney General’s Office would be tasked with enforcing the Act.  The main penalty, under the Act, is to divest the nonresident alien of its property right(s) in violation of the Act.  The Department would investigate any alleged violation and, refer the case to the Attorney General if appropriate, who would then initiate a judicial divestment action against the nonresident alien. 

Last, under the Act, if a resident alien acquires title to land via devise or descent, it must dispose of the property within five (5) years of such conveyance, or, the property will be subject to the same divestment action provided above. 

LB 1379 (Dover) proposes to create the Housing Aid Fund (“Fund”).  The Fund would be used to administer a grant program for down payment assistance for eligible homebuyers.  Eligible homebuyers would include applicants with a household income of less than or equal to 150% of the area median income.  The bill provides a schedule of grant providing percentage allocations by the type of city, as follows: Cities of the Primary Class (15%); Cities of the Metropolitan Class (30%); and Cities of the First and Second Class and villages (55%).

LB 1405 (Wayne) proposes to prohibit a corporation, hedge fund, or other business from purchasing single-family housing in Nebraska unless if that entity is domiciled in Nebraska and its principal members are Nebraska residents. 

LB 1409 (Bostar) proposes to amend the Nebraska Condominium Act so that declarations of covenants that require approval of certain actions by unit owners are only enforceable with respect to actions to subdivide or that affect the mortgagees of the unit’s priority.   The bill would also allow condominium associations to rely on public information in identifying mortgagees.  Last, the bill would void any amendment to a condominium association’s declaration of covenants if a mortgagee is entitled is and did not receive adequate notice.  Any such amendments would only be void as to the mortgagee that was deprived of notice. 

Carryover Legislation Introduced in 2023:

LB 175 (Dungan) proposes to adopt the Residential Tenant Clean Slate Act.  Under the Act, a tenant could petition a trial court for an order granting “clean slate relief.”  Such relief would require the court to seal the tenant’s eviction records and prevent their dissemination.  On January 11, 2023, the Legislature referred this bill to the Judiciary Committee. 

LB 186 (Cavanaugh, J.) proposes to adopt the Unlawful Restrictive Covenant Modification Act.  Under the Act, any person whose property is under a restrictive covenant that violates Nebraska Revised Statutes section 20-318 may petition the Register of Deeds to modify the covenant.  Section 20-318 enumerates discriminatory and other prohibited practices in leasing or conveying real estate.  The Register of Deeds must consult with the County Attorney and, if the modification is appropriate, replace the offending covenant with the modification.  On January 11, 2023, the Legislature referred this bill to the Judiciary Committee. 

LB 187 (Cavanaugh, J.) proposes to require that before any unrepresented tenant in Lincoln or Omaha faces a residential or mobile-home eviction proceeding, the court must appoint counsel for the tenant.  The county must pay for the cost of such counsel.  The landlord’s summons must also notify the tenant that he or she will have access to appointed counsel.  On January 11, 2023, the Legislature referred this bill to the Judiciary Committee. 

LB 208 (Bostar) proposes to prohibit counties from prohibiting the use of residential property for short-term rentals.  This bill defines short-term rentals as residential properties that tenants rent for no longer than 30 consecutive days at a time.  Under this bill, a county may only regulate such properties for a legitimate health and safety reason or to prevent illegal activity.  The Legislature referred this bill to the Government, Military and Veterans Affairs Committee on January 12, 2023. 

LB 248 (Vargas) proposes to prohibit residential landlords from discriminating against renters on the basis of any “lawful source of income.”  Under this bill, lawful source of income includes income from social security, child support, foster care subsidies, alimony, veteran’s benefits, any form of housing assistance payments or any form of government subsidy or assistance.  This bill would also create the Landlord Guarantee Program, which would provide grants to reimburse eligible landlords for unpaid rent or damages arising from residential tenancies.  The Equal Opportunity Commission would have $50,000 from which to award such grants.  The Legislature referred this bill to the Judiciary Committee on January 12, 2023.  

LB 270 (McKinney) proposes to require residential landlords to replace any lead service lines on the premises with modern service lines.  Additionally, this 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.  The Legislature referred this bill to the Judiciary Committee on January 12, 2023.  

COMMUNITY DEVELOPMENT LAW & TAX INCREMENT FINANCING (TIF)

New Legislation Introduced in 2024:

1356 (Wayne) proposes to amend the Community Development Assistance Act (“Act”) to include inland port authorities and sports facility operations as “community services” within a community development area.  The bill would also allow inland port authorities that provide community services to a community development area to be deemed a “community betterment organization,” thus enabling the authority to apply for tax credit status as provided under the Act.  The bill also proposes tax credit status application submittal requirements and the criteria which the Department of Economic Development shall use in assessing the application(s). 

Carryover Legislation Introduced in 2023:

LB 389 (Linehan)  proposes to amend the Community Development Law to prohibit the a parcel of real property to have any ad valorem taxes divided as part of a redevelopment project if such parcel’s taxes had previously been divided during the preceding fifty years.  On January 17, 2023, the Legislature referred this bill to the Urban Affairs Committee. 

LB 746 (Cavanaugh, M.) proposes to amend the Community Development Law to restrict the division of taxes if the total amount of ad valorem taxes to be generated for any redevelopment project exceeds $20,000,000, unless the question of dividing the taxes has been submitted at a primary, general or special election and approved by voters.  On January 20, 2023, the Legislature referred this bill to the Urban Affairs Committee. 

TAXATION & TAX EQUALIZATION AND REVIEW COMMISSION (TERC)

New Legislation Introduced in 2024:

LB 1113 (Meyer) proposes to amend the ImagiNE Act to include carbon capture equipment in the definition of “business equipment” thus qualifying it for property tax exemption. 

LB 1114 (Bostar) proposes to enact the Endow Nebraska Act that would provide a nonrefundable income tax credit to qualifying taxpayers that make a qualified endowment gift to an “Endow Nebraska Qualified Community Foundation.”  The amount of the tax credit would be 15% of the qualified endowment gift.  The Act would allow for a total of $5,000,000.00 in tax credits per taxable year and $50,000.00 per taxpayer per taxable year. 

LB 1177 (von Gillern) proposes to amend the exemptions to the state documentary tax to expand the allowable inter-family conveyance exemption, specifically including step relationships and deeds transferring property to a corporation or limited liability company wholly owned by a single shareholder, subject to certain requirements. 

LB 1218 (Bostar) (E) proposes to amend the Motor Vehicle Registration Act to include a three-cent ($.03) per kilowatt hour (kWh) excise tax on electric energy used by commercial electric vehicle charging stations.  The bill would also except such charging stations from sales and use taxes if it is subject to the excise tax described above.  Last, the bill adds certain requirements for electric charging stations operators. 

LB 1319 (Linehan) (E) proposes to repeal the sales tax exemption for the purchase of food and food ingredients using electronic benefits transfer (EBT) or with food coupons regulated by the United States Department of Agriculture.  This bill would also repeal the sales tax exemption for the gross receipts from the sale, lease, or rental or and the storage, use, or other consumption of tangible personal property and services acquired by a person operating a data center within the State of Nebraska.

LB 1326 (Dungan) proposes to amend the Nebraska Housing Agency Act to remove the requirement that a real and personal property of an affiliate of a local housing agency be wholly owned by the affiliate, instead, it must only be controlled by the affiliate, in order to be exempt from taxation and special assessment. 

LB 1342 (Wayne) proposes to exempt from sales and use taxes the gross receipts from the sales and purchase of electricity and natural gas for residential use. 

LB 1362 (McDonnell) proposes to change the valuation of residential property.  This bill would valuate residential property at the property’s actual value but limit the annual valuation increase by 5% per year.  This bill would require an amendment to the Nebraska Constitution, thus, it would not take effect until Governor Pillen proclaims such a constitutional amendment.

LB 1367 (Cavanaugh) proposes to establish the Property Tax Circuit Breaker Act (“Act”).  The Act would implement a “circuit breaker system” to the Nebraska property tax system.  Qualified taxpayers, the Act defines as those whose principal residence is in Nebraska and which the taxpayer resides at for at least six months of the taxable year, are eligible to receive a refundable income tax credit if the taxpayer’s property tax liability exceeds 5% of the taxpayer’s federal adjusted gross income. 

Being refundable, this tax credit would result in a tax refund if the tax credit amount is greater than the individual’s federally-taxable income.  The amount of the refundable income tax credit would be 50% of the taxpayer’s property taxes paid over the taxable year less 5% of the taxpayer’s adjusted gross income. 

The bill would also place a limitation on the amount of property taxes that can be imposed on a taxpayer’s principal residence, solely for purposes of the above calculation.  This limitation would be the property tax liability for a principal residence with a valuation equal to 200% of the average assessed value of a single-family residential property in the taxpayer’s county of residence. 

Carryover Legislation Introduced in 2023:

LB 100 (Erdman) (E) proposes to amend the ImagiNE Nebraska Act by adding “Waste Water Treatment and Disposal” to the business activities eligible for incentives under the Act.  On January 10, 2023, the Legislature referred this bill to the Revenue Committee. 

LB 113 (McDonnell) (E) proposes to appropriate an additional $10,500,000 in each of the next two years to the Department of Economic Development.  The funds would aid the Community and Rural Development Program in contracting with the Nebraska Investment Finance Authority for developments eligible under 4 percent and 9 percent federal low-income housing credits.  On January 10, 2023, the Legislature referred this bill to the Banking, Commerce and Insurance Committee. 

LB 209 (Bostar) proposes to provide certain tax exemptions to data centers.  This bill exempts from personal property tax any computers and related equipment that a person operating a data center in the state acquires and uses in the operation or maintenance of the data center.  In addition, this bill exempts from sales and use tax any tangible personal property, electricity or other fuel or computers and related equipment that the data center purchases for use.  The Legislature referred this bill to the Revenue Committee on January 12, 2023. 

LB 211 (Blood) proposes to adopt the Property Tax Circuit Breaker Act.  The Act would provide a refundable income tax credit for qualifying agriculture taxpayers and qualifying residential taxpayers with limited income available to pay property taxes.  To carry out this exemption, the Department of Revenue would receive $74,000,000 in each of 2024 and 2025.  The Legislature referred this bill to the Revenue Committee on January 12, 2023. 

LB 213 (Slama) (E) proposes to extend the application deadline under the Nebraska Job Creation and Mainstreet Revitalization Act to December 31, 2026, and to extend allocation of such credits therein to December 31, 2031.  This bill additionally would limit eligible expenditures to costs incurred for improvement of historically significant real property located in a city of the second class or village.  The original program was available to projects throughout Nebraska.  Also, under the Rural Workforce Housing Investment Act, this bill would reduce the required percentage of matching funds for applicants in a city of the second class or village.  The Legislature referred this bill to the Revenue Committee on January 12, 2023. 

LB 235 (Wayne) proposes an amendment under the ImagiNE Nebraska Act to redefine “economic development area” as any area that (1) exceeds 150 percent of the average statewide unemployment rate and (2) falls below the poverty rate in at least 20 percent of its area.  This would entitle residents and developers in such areas to certain tax advantages, including taxpayer-sponsored childcare.  The Legislature referred this bill to Revenue Committee on January 12, 2023.  The Legislature placed this bill on General File on March 21, 2023.  

TELECOMMUNICATIONS

New Legislation Introduced in 2024:

No new legislative bills introduced in this category during days 6-10 of bill introduction.

Carryover Legislation Introduced in 2023:

LB 44 (Dungan) proposes to adopt the Midwest Interstate Passenger Rail Compact.  This Act would create a commission to identify and develop opportunities for passenger-rail improvements in Nebraska.  The Act directs the commission to do so in concert with certain states, including Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, North Dakota, Ohio, South Dakota and Wisconsin.  Before Nebraska may join a compact with any of these states, the Legislature must approve such partnership via another bill.  On January 5, 2023, the Legislature referred this bill to the Transportation and Telecommunications Committee. 

LB 119 (Bostelman) proposes to define “eligible telecommunications carrier” under the Nebraska Broadband Bridge Act consistently with federal law.  Under 42 U.S.C. section 214(e), a state commission may designate a common carrier as an eligible telecommunications carrier if it offers certain services and advertises the same using media of general distribution.  On January 10, 2023, the Legislature referred this bill to the Transportation and Telecommunications Committee. 

LB 134 (Cavanaugh, J.) proposes to require any state or municipal authority, before installing small wireless facilities, to notify adjacent property owners or residents and ensure such installation complies with the Americans with Disabilities Act and is consistent with traffic and right-of-way restrictions.  On January 10, 2023, the Legislature referred this bill to the Transportation and Telecommunications Committee. 

LB 166 (Bostelman) proposes amendments to the Transportation Innovation Act to require contracting agencies to disclose in their requests for proposal how they intend to evaluate proposals.  Specifically, contracting agencies would need to disclose desired criteria such as experience, available resources and historic reasonableness of costs.  Such historic reasonableness of costs must carry at least 50 percent of contracting agencies’ evaluative weight.  On January 11, 2023, the Legislature referred this bill to the Transportation and Telecommunications Committee.