All Roll Calls
Yes: 309 • No: 6
NebraskaLB36109th Legislature 1st and 2nd SessionslegislatureWALLET
Adopt the Safe Battery Collection and Recycling Act, provide for the Home Weatherization Clearinghouse and for mitigation of incidental taking of threatened or endangered species habitat, change provisions relating to the Water Recreation Enhancement Act, ground water allocation, and permits and stamps issued by the Game and Parks Commission, and create the Research Excellence Cash Fund
Sponsored By: Tom Brandt
Signed by Governor
Natural Resources Committee
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Bill Overview
Analyzed Economic Effects
14 provisions identified: 4 benefits, 2 costs, 8 mixed.
Mitigation bank and highway authority changes
The Transportation Department can run a mitigation bank or in-lieu-fee program to offset habitat and wetland impacts from transportation projects. State agencies should give priority to using this bank. The department can buy land and use eminent domain; owners of mitigation bank land acquired after July 1, 2026 must pay a sum in place of lost county property taxes. Highways not on the state system become county roads, and counties get the right-of-way title. The law also updates condemnation authority and repeals listed statutes to align with these changes.
New water-use rules for big users
Starting January 1, 2026, a new or expanded commercial or industrial user on municipal water that exceeds 25,000,000 gallons a year must file a mitigation report, get approval from the natural resources district and the Department of Natural Resources, and follow integrated management controls. Before 2026, nonmunicipal users in fully appropriated or overappropriated areas keep at least their permit amount or the amount needed for the use; after 2026, that becomes their base, and any increase that lowers streamflow is subject to controls. Local plans in stressed areas may require cities to report annual water use and consumption. Water allocations made to cities before November 1, 2005 stay in force, but districts may amend them.
Free battery drop-off, trash ban 2028
The law gives you free, ongoing battery drop-off across the state. Plans must place sites so 95% of people live within 15 miles and have at least one site, service, or event per 30,000 county residents within three years. The state and stewardship groups must run outreach, safety training, and a website. Starting January 1, 2028, you cannot throw covered batteries in the trash, recycling, or burn them. Take them to approved collection sites or events.
Help finding home weatherization funds
The Department of Environment and Energy runs a Home Weatherization Clearinghouse. It helps you find grants, loans, and programs to weatherize your home. It explains eligibility and how to apply. The Department also coordinates with local agencies to deliver projects, using existing staff.
More projects at lakes and parks
The Game and Parks Commission may build marinas and other access projects at Lake McConaughy and at the Lewis and Clark State Recreation Area. It may approve projects at Niobrara State Park, including an event center or lodge. The commission can use contracts and public-private partnerships and must engage local stakeholders. Commissioners and employees cannot have financial interests in related property or contracts.
Battery plans, targets, and public reports
Stewardship groups must file a plan by January 1, 2027 and renew at least every five years. Plans must target at least 60% recycling for rechargeable batteries and 70% for nonrechargeable batteries. By June 1, 2029, and every year after, they must report finances, collection and recycling data, and progress. After five years, they must hire an independent auditor for a one-time review. The state will post approved plans, covered producers and brands, and annual reports online.
New Research Excellence Cash Fund
The University of Nebraska runs a new fund for research and data projects, including the Nebraska Mesonet. The fund takes gifts, grants, bequests, and legislative transfers. It cannot buy certain electronics from listed foreign adversaries for data gear within 10 miles of a military base.
Higher park vehicle permit caps
The annual resident motor vehicle permit fee can be set up to $50. The nonresident annual fee is twice the resident fee. A temporary resident permit can be set up to $10 and lasts until noon the next day. A nonresident temporary permit costs twice the resident temporary fee. The commission sets exact fees by rule.
Boaters pay registration and invasive species fees
You must register your motorboat every three years with the county treasurer and include owner ID and the year made. The fees are $28 for Class 1, $51 for Class 2, $72.50 for Class 3, and $120 for Class 4. Up to $10 of each fee can fund the Aquatic Invasive Species Program. If your boat is not registered in Nebraska, you must also buy a one-year aquatic invasive species stamp before launching for $10–$30 plus an issuance fee. You can buy the stamp online or from authorized sellers and must affix it to your boat; the money goes to the State Game Fund.
Hunting permits and landowner rules
The commission may auction up to two additional mountain sheep permits. Auctions are open to residents and nonresidents. Limited elk permits have set acreage rules: residents qualify with 320+ owned acres, 640+ leased acres, or 640+ combined acres; nonresidents must own 1,280+ acres. Land must be in an elk management zone, and a limited bull elk permit may be issued only once every three years to a person. Fees are capped: resident limited permits cost at most half the regular resident fee, and nonresident landowner limited permits cost at most three times a resident permit. The commission can set documentation rules to name a qualifying landowner for entities.
How permit agents get paid
Commission offices, county offices, and private permit agents now keep an issuing fee as set under section 37-406. This replaces a fixed reimbursement method. Actual amounts depend on commission rules.
Producer membership and battery labels 2028–2029
Starting January 1, 2028, producers must join an approved battery stewardship group to sell covered batteries or battery products in Nebraska. Covered batteries must show who made them beginning January 1, 2028. On January 1, 2029, covered batteries must also show their chemistry and say they are not household waste. Very small batteries under one-half inch are exempt. Retailers may sell if the state website lists the producer or brand as covered at the time of sale.
Who pays to run battery program
Stewardship groups pay a state fee when their plan is approved or on January 1, 2027, and every year after. These fees go to the new Battery Stewardship Cash Fund, which the state uses only to run the program. Through June 30, 2027, the state may use the Waste Reduction and Recycling Incentive Fund to cover startup and enforcement costs. Stewardship groups must cover all program costs and reimburse local governments for proven costs when they host collection sites. The Department of Environment and Energy may adopt rules to carry out the program.
Battery program enforcement and legal tools
Businesses that violate the battery law can be fined $10,000 per violation. Knowingly making a false material statement about a plan is a Class IV felony. Producers, retailers, and stewardship groups get antitrust protection for actions that follow an approved plan. Stewardship groups can sue nonparticipating producers if they spend more than $1,000 to handle that producer’s batteries and can also sue over recalled batteries or underperforming stewardship groups. Independent fee-based collectors may operate, but if they keep batteries, they must report data and cannot be paid by a stewardship group for those batteries.
Sponsors & Cosponsors
Sponsor
Tom Brandt
Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 5/14/2025
Final Reading
Yes: 43 • No: 6
legislature vote • 4/23/2025
Vote
Yes: 36 • No: 0 • Other: 13
legislature vote • 4/9/2025
Vote
Yes: 38 • No: 0 • Other: 11
legislature vote • 4/9/2025
Vote
Yes: 37 • No: 0 • Other: 12
legislature vote • 4/9/2025
Vote
Yes: 41 • No: 0 • Other: 8
legislature vote • Unknown
Vote
Yes: 37 • No: 0 • Other: 12
legislature vote • Unknown
Vote
Yes: 41 • No: 0 • Other: 8
legislature vote • Unknown
Vote
Yes: 36 • No: 0 • Other: 13
Actions Timeline
Provisions/portions of LB595 amended into LB36 by AM930
6/6/2025legislatureProvisions/portions of LB590 amended into LB36 by AM635
6/6/2025legislatureProvisions/portions of LB562 amended into LB36 by AM635
6/6/2025legislatureProvisions/portions of LB480 amended into LB36 by AM635
6/6/2025legislatureProvisions/portions of LB459 amended into LB36 by AM635
6/6/2025legislatureProvisions/portions of LB344 amended into LB36 by AM635
6/6/2025legislatureProvisions/portions of LB309 amended into LB36 by AM635
6/6/2025legislatureApproved by Governor on May 20, 2025
5/20/2025legislaturePresented to Governor on May 14, 2025
5/14/2025legislaturePresident/Speaker signed
5/14/2025legislaturePassed on Final Reading 43-6*-0
5/14/2025legislatureDispensing of reading at large approved
5/14/2025legislaturePlaced on Final Reading
4/29/2025legislatureAdvanced to Enrollment and Review for Engrossment
4/23/2025legislatureBrandt AM998 adopted
4/23/2025legislatureBrandt AM998 to AM635 filed
4/23/2025legislatureEnrollment and Review ER54 adopted
4/23/2025legislatureEnrollment and Review ER54 filed
4/22/2025legislaturePlaced on Select File with ER54
4/22/2025legislatureAdvanced to Enrollment and Review Initial
4/9/2025legislatureBrandt FA88 withdrawn
4/9/2025legislatureNatural Resources AM635 adopted
4/9/2025legislatureProkop AM930 adopted
4/9/2025legislatureBrandt FA88 filed
4/8/2025legislatureProkop AM930 to AM635 filed
4/8/2025legislature
Bill Text
Introduced
1/9/2025
Enrolled / Slip Law
Final / Enacted
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