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

13 provisions identified: 3 benefits, 5 costs, 5 mixed.

New local pool rules and fees

Before you build a swimming pool, the department must approve your plans. Local governments set and enforce minimum sanitary and safety rules for pools. Pool operators must keep a competency certificate and keep operation and test records for three years. Local governments may inspect and charge fees up to the actual cost. The department may charge plan and construction permit fees that only cover the actual service cost. Local governments set and enforce penalties for breaking these rules.

Higher hazardous and solid waste fees

Hazardous waste generators pay fees set by schedule, which may be annual or based on reported quantity. Facility permittees pay fees per cubic foot or per pound processed or disposed. Fees only cover the department’s regulatory costs and go to the Integrated Solid Waste Management Cash Fund. Some solid-waste fees and forfeitures also flow to this fund and must be used to carry out the department’s rules.

Livestock waste fees tied to costs

The department reviews and adjusts livestock waste fees each year. Fees must cover 30% of the program’s prior‑year costs. All fees go to the Livestock Waste Management Cash Fund.

New clean-water permit fees in 2027

Starting July 1, 2027, NPDES and pretreatment permit applications must include a fee set by the department, capped at processing cost. Permit holders pay an annual fee equal to the department’s actual service costs. Permits under section 54-2428 are exempt. Fees and related funds go to a new Water Quality and Quantity Cash Fund to run Clean Water Act discharge programs.

Tougher penalties for CO2 storage violations

Violating the geologic storage law can bring civil fines of $2,500 to $10,000 per day. The commission must give written notice and a 10‑day chance to fix the problem. Courts can issue injunctions without bond to stop dangerous activity. Knowing and willful violations are a Class I misdemeanor.

State entry for Perkins Canal work

The department may enter property, after notice, to survey and test for the Perkins County Canal Project. Entry is not trespass. The state must pay for actual damage. You can seek damages if you and the state do not agree. The state may use eminent domain to get needed land.

Environmental programs move to new department

The law assigns environmental duties to the Department of Water, Energy, and Environment. It now handles site closures, tank rules with the State Fire Marshal, cleanup levels, access orders, and some public education. All legal references now name this new department and its director.

Faster contracting for water projects

The department’s water infrastructure contracts are no longer subject to several state procurement rules. This can speed bidding and awards but changes oversight and competition rules.

Lower water well registration fee

The water well registration fee is now $200, down from $240. You save $40 per well. The state splits your fee between program costs, the Water Well Decommissioning Fund, and the Licensing Fund. The Chief Water Officer now serves on the Water Well Standards and Contractors’ Licensing Board.

More local fire checks for parks

Local governments can ask the State Fire Marshal to investigate mobile home parks seeking a license or renewal. This increases safety checks for residents.

Fewer state checks on funded housing

For projects that use the Affordable Housing Trust Fund, the state cannot require section 72‑805 energy‑code compliance or plan approval by the environmental department. This removes steps and can reduce time and costs for sponsors.

Local rules and penalties for camps

Local governments may adopt health and safety rules for recreation camps. They can enter and inspect at reasonable times and must tell operators what fails. They can temporarily suspend a camp’s permit for safety failures. The statewide Class V misdemeanor is removed. Violations face local enforcement and penalties instead.

How litter fees are used now

The Tax Commissioner keeps a fee from litter‑fee collections to cover collection costs. The rest goes to the environmental department. The department funds litter education, highway and waterway cleanup, and community recycling programs.

Sponsors & Cosponsors

Sponsor

  • Tom Brandt

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 224 • No: 23

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

legislature vote • Unknown

Vote

Yes: 26 • No: 2 • Other: 21

legislature vote • Unknown

Vote

Yes: 29 • No: 0 • Other: 20

legislature vote • Unknown

Vote

Yes: 26 • No: 1 • Other: 22

Actions Timeline

  1. Provisions/portions of LB1076 amended into LB759 by AM1939

    4/17/2026legislature
  2. Provisions/portions of LB761 amended into LB759 by AM2182

    4/17/2026legislature
  3. Provisions/portions of LB761 amended into LB759 by AM1939

    4/17/2026legislature
  4. Provisions/portions of LB760 amended into LB759 by AM1939

    4/17/2026legislature
  5. Approved by Governor on April 7, 2026

    4/7/2026legislature
  6. Presented to Governor on April 1, 2026

    4/1/2026legislature
  7. President/Speaker signed

    4/1/2026legislature
  8. Passed on Final Reading with Emergency Clause 36-12*-1

    4/1/2026legislature
  9. Dispensing of reading at large approved

    4/1/2026legislature
  10. Enrollment and Review ST58 recorded

    3/10/2026legislature
  11. Enrollment and Review ST58 filed

    3/10/2026legislature
  12. Placed on Final Reading with ST58

    3/10/2026legislature
  13. Advanced to Enrollment and Review for Engrossment

    3/5/2026legislature
  14. Brandt FA1025 adopted

    3/5/2026legislature
  15. Brandt FA1025 filed

    3/5/2026legislature
  16. Kauth FA388 withdrawn

    3/5/2026legislature
  17. Enrollment and Review ER126 adopted

    3/5/2026legislature
  18. Enrollment and Review ER126 filed

    2/26/2026legislature
  19. Placed on Select File with ER126

    2/26/2026legislature
  20. Advanced to Enrollment and Review Initial

    2/19/2026legislature
  21. Brandt AM2182 adopted

    2/19/2026legislature
  22. Brandt AM2182 filed

    2/19/2026legislature
  23. Natural Resources AM1939 adopted

    2/19/2026legislature
  24. Natural Resources AM1939 filed

    2/11/2026legislature
  25. Placed on General File with AM1939

    2/11/2026legislature

Bill Text

  • Introduced

    1/7/2026

  • Enrolled / Slip Law

  • Final / Enacted

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