All Roll Calls
Yes: 224 • No: 23
NebraskaLB759109th Legislature 1st and 2nd SessionslegislatureWALLET
Change fees and funding for solid waste management, water wells, livestock regulation, hazardous waste management, clean water regulation, and litter reduction and recycling, change membership of a board, provide penalties and enforcement provisions for geologic storage of carbon dioxide, provide for entry upon property for the Perkins County Canal, correct references to and change jurisdiction of the Department of Water, Energy, and Environment, and require local governments to regulate operation of swimming pools, recreation camps, and mobile home parks
Sponsored By: Tom Brandt
Signed by Governor
Natural Resources Committee
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Bill Overview
Analyzed Economic Effects
20 provisions identified: 7 benefits, 6 costs, 7 mixed.
Canal project land entry and takings
The state can build and run the Perkins County Canal and use eminent domain to take land or access it. The department may enter land, after notice, to do surveys and tests. Entry is not trespass, but the state must pay for real, provable damage. You can petition if you disagree about damages.
Tighter rules for mobile home parks
The department licenses mobile home parks and can fine up to $2,000 per day for violations. License denials, suspensions, revocations, and fines come with a right to a hearing under the Administrative Procedure Act. Local or state officials can request Fire Marshal inspections, and the park pays the inspection fee. Local governments now handle enforcement for unlicensed or rule‑breaking operations with their own civil remedies.
More notice on radioactive waste siting
Applicants must tell the Governor and Legislature before on‑site geology work at a proposed low‑level radioactive waste site. Before more construction, the department runs a six‑month public education program. These steps apply until a facility license is approved. Residents get time and information before the project moves forward.
Tougher enforcement for CO2 storage
Breaking CO2 storage rules is a crime, with each day counted as a separate offense. The commission can fine $2,500 to $10,000 per day after giving 10 days to fix the problem. The Attorney General can sue, and courts can order stops without a bond. Hearings and appeals follow the Administrative Procedure Act. Fines go to the State Treasurer; unpaid fines become state debts after 60 days.
Annual fees for solid waste permits
The state created a solid waste cash fund and charges permit application and annual fees. The council must set the annual fee by October 1 each year. Fees are limited to reasonable administrative costs and cover ongoing permit processing. The law also records a past $1.38 million transfer to the Superfund Cost Share Cash Fund.
New livestock waste fees each year
Livestock operations pay annual per‑head fees. Examples: beef $0.10/head, dairy $0.15/head, swine over 55 lb $4 per 100 head, and set rates for other animals. The department invoices by February 1 and payment is due by March 1. Permit applications can cost up to $200; major changes cost the same as the application fee. Fees go into a Livestock Waste Management Cash Fund, and the department reports program costs and inspections to lawmakers each year.
Stronger tank cleanup and access rules
If a tank release is suspected and you deny access, the department can order entry to test and clean up. It must use the least intrusive methods and restore your property after. The Fire Marshal’s tank safety rules must be approved by the environmental director to ensure they protect the environment.
New permits, fees, and safety rules for pools
The state sets minimum sanitary and safety rules for swimming pools and locker areas. Local governments must adopt and enforce rules at least as strict as the state rules. Pool owners must get a department permit before operating. Pools built before January 1, 1970 can keep operating only if their equipment and operation meet the minimum rules and the department allows it. The department may charge plan review, construction permit, license, inspection, and operator certificate fees to cover actual costs. The department does not charge a municipal corporation an inspection fee for a municipal pool.
Annual review of livestock waste fees
Beginning in fiscal year 2007-08, the department reviews livestock waste fees every year. It must set fees to cover 20% of the prior year’s program costs. Fees are deposited in the Livestock Waste Management Cash Fund. This can raise or lower what permitted livestock operations pay each year.
Who must run battery recycling programs
The law defines who counts as a battery producer. It can be the brand owner, the maker, the importer of record, or the first seller in the state. These definitions decide which businesses must join or run battery collection and recycling under the Safe Battery Collection and Recycling Act. It also defines covered batteries and key exclusions. The Department of Water, Energy, and Environment enforces these rules.
One-stop help for home weatherization
The state runs a Home Weatherization Clearinghouse. It helps you find grants, loans, and programs for energy upgrades. It also coordinates agencies and uses existing staff.
Fewer state steps for funded housing
For projects using Affordable Housing Trust Fund money, the state may not require the energy code in section 72‑805 or environmental plan approvals as a funding condition. This can speed new construction and rental conversions that use the fund.
Faster contracting for water projects
State water infrastructure contracts can use a different procurement process. This can speed or simplify getting contracts. It does not set prices or guarantee awards.
Litter fees fund recycling and cleanups
The Tax Commissioner keeps a small cut of litter fees to cover collection costs. The rest goes to the environmental agency. Each year, after a public hearing, the council sets how much goes to education, highway and waterway cleanup, and community recycling grants.
New makeup of water well licensing board
The Water Well Standards and Contractors’ Licensing Board now has ten members. Six are governor appointees from set contractor and industry roles. Four are ex officio members from state agencies and the University of Nebraska. Appointees must live in Nebraska, and industry members must have at least five years of experience.
Water well registration fee is $240
You must pay $240 to register each water well. Part of each fee covers processing and data costs. The rest supports the Water Well Decommissioning Fund. Some related fees go to the Water Well Standards and Contractors’ Licensing Fund.
New cost-based environmental permit fees
The council can set fees for wells, hazardous waste, and other regulated activities. Fees must only cover the department’s direct and indirect costs for evaluating, processing, and monitoring. Regulated facilities pay these cost‑recovery fees.
NPDES permit fees start in 2027
Starting July 1, 2027, facilities that apply for or hold discharge or pretreatment permits must pay an application fee and an annual fee. Fees are capped at the department’s actual costs. Some permits listed in section 54‑2428 are exempt. Money goes to the Water Quality and Quantity Cash Fund.
Stronger safety rules for pools, camps
The state now inspects every pool and each recreation camp at least once a year. Pool owners must provide operating and test records when asked. Local governments can charge pool inspection fees, but only up to actual inspection cost, and can enforce violations with local penalties. Camp permits can be suspended or revoked after notice and a fair hearing, and inspectors may enter at reasonable times.
New environmental funds and timing updates
The Environmental Safety Cash Fund pays licensing and inspection costs and ends December 31, 2026; any balance goes to the General Fund. Money can move in from the Health and Human Services Cash Fund. The Engineering Plan Review Cash Fund pays plan‑review costs. Many sections take effect three months after adjournment; others take effect on their own dates. The act also takes effect immediately for sections with the emergency clause, and listed statutes are repealed as named.
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Sponsors & Cosponsors
Sponsor
Tom Brandt
legislature
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 4/24/2026
Vote
Yes: 26 • No: 1 • Other: 22
legislature vote • 4/24/2026
Vote
Yes: 29 • No: 0 • Other: 20
legislature vote • 4/24/2026
Vote
Yes: 26 • No: 2 • Other: 21
legislature vote • 4/1/2026
Final Reading
Yes: 36 • No: 12
legislature vote • 3/5/2026
Vote
Yes: 29 • No: 0 • Other: 20
legislature vote • 2/19/2026
Vote
Yes: 26 • No: 1 • Other: 22
legislature vote • 2/19/2026
Vote
Yes: 26 • No: 2 • Other: 21
legislature vote • 2/19/2026
Vote
Yes: 26 • No: 5 • Other: 18
Actions Timeline
Approved by Governor on April 7, 2026
4/7/2026legislatureDispensing of reading at large approved
4/1/2026legislaturePassed on Final Reading with Emergency Clause 36-12*-1
4/1/2026legislaturePresident/Speaker signed
4/1/2026legislaturePresented to Governor on April 1, 2026
4/1/2026legislaturePlaced on Final Reading with ST58
3/10/2026legislatureEnrollment and Review ST58 filed
3/10/2026legislatureEnrollment and Review ST58 recorded
3/10/2026legislatureEnrollment and Review ER126 adopted
3/5/2026legislatureKauth FA388 withdrawn
3/5/2026legislatureBrandt FA1025 filed
3/5/2026legislatureBrandt FA1025 adopted
3/5/2026legislatureAdvanced to Enrollment and Review for Engrossment
3/5/2026legislaturePlaced on Select File with ER126
2/26/2026legislatureEnrollment and Review ER126 filed
2/26/2026legislatureNatural Resources AM1939 adopted
2/19/2026legislatureBrandt AM2182 filed
2/19/2026legislatureBrandt AM2182 adopted
2/19/2026legislatureAdvanced to Enrollment and Review Initial
2/19/2026legislaturePlaced on General File with AM1939
2/11/2026legislatureNatural Resources AM1939 filed
2/11/2026legislatureNatural Resources priority bill
2/6/2026legislatureNotice of hearing for January 21, 2026
1/14/2026legislatureReferred to Natural Resources Committee
1/9/2026legislatureKauth FA388 filed
1/8/2026legislature
Bill Text
Introduced
4/7/2026
Enrolled / Slip Law
Final / Enacted
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